Voters can erase racist wording in Alabama Constitution
The Alabama Constitution, approved in 1901 to entrench white supremacy, still has language regarding segregated schools, poll taxes, and bans on interracial marriage. But a seismic change could be in store. Alabama voters on November 8 will decide whether to ratify a new constitution that strips out the Jim Crow-era language. It would also reorganize the unwieldy governing document, which has been amended 978 times and tops over 400,000 words. The Public Affairs Research Council of Alabama says the size makes it the longest such document in the world. Voters in 2020 authorized state officials and lawmakers to cut the racist language that lingers from the era of racial segregation. That work, finally completed, now goes back before voters to ratify the Alabama Constitution of 2022. Proponents say the changes that will demonstrate Alabama is a different place today — and streamline the sprawling constitution to be more user-friendly. “This is an effort to show, not only the rest of the country but the world who we are today,” said state Rep. Merika Coleman, one of the lawmakers who led the bipartisan effort. However, it does not make the policy changes that some reformers have sought — such as giving counties more home rule and removing tax earmarks, which dedicate taxes to a specific program or purpose. To approve the measure, voters must vote ‘Yes’ on the question asking whether to ratify the “Constitution of Alabama of 2022. ” The ratification question will appear on the ballot after the list of candidates for office. There is also a separate amendment, Amendment 10, to authorize the code commissioner to renumber and nest the newest amendments within the Constitution. The framers of the 1901 constitution were direct about their goal to maintain a government controlled by whites. “The new constitution eliminates the ignorant negro vote and places the control of our government where God Almighty intended it should be -– with the Anglo-Saxon race,” John Knox, president of the constitutional convention, said in a speech urging voters to ratify the document. The Alabama Constitution has language allowing parents to opt for students to “attend schools provided for their own race” and sections about poll taxes, bans on interracial marriage, and a convict labor system in which Black Alabamians, often arbitrarily arrested, were forced to work in mines and labor camps. The provisions were long ago invalidated by court rulings or later amendments, but the language remains in the state’s government document. Alabama has seen efforts previously to invalidate racist language, but this goes further, said Othni Lathram, the director of the Legislative Services Agency. For example, voters in 2000 approved an amendment repealing an unenforceable interracial marriage ban — although 40% of voters voted against the repeal — but the language about the ban remains in the Constitution, and “you have to make it to the Amendment 667 to know that it’s been repealed,” he said. “With the recompilation, it completely goes away,” he said. The reorganization effort is designed to make the document more user-friendly, Lathram said. Repealed provisions will be removed and the nearly 1,000 amendments will be incorporated into the document. Amendments related to local areas will be organized by county so they can be more easily found. Tom Spencer, a senior research associate at the Public Affairs Research Council of Alabama, said the proposal will strip remaining racist language. However, it will continue the current structure that centralizes power in the Legislature, and will not change the state’s tax structure. The Alabama Constitution of 1901 is currently 420,000 words. The new Constitution would shrink slightly to 373,274 words, but that is three times more words than the next-longest state constitution – Texas, according to an analysis from the PARCA. “Power will still be concentrated in the Legislature, and local matters, like whether counties can regulate golf carts on public roads, will continue to clutter the state constitution … And it will still be the world’s longest constitution. Even with the organizational fixes, the document is a confusing mess,” Spencer wrote. The state committee that worked on the recompilation and the lawmakers who approved it only had a narrow charge to delete racist or repeated language and to reorganize, according to Coleman. However, she is hopeful the ratification will be approved. Republished with the permission of The Associated Press.
Kay Ivey rescinds judge appointment because of age requirement
Alabama Gov. Kay Ivey has rescinded an appointment for Montgomery County probate judge after learning the person is too old under state law. Ivey on Wednesday appointed retired Gen. Edward F. Crowell to the position. On Thursday, she announced that she was rescinding the appointment because of the age requirement. Crowell is 70. The Alabama Constitution prohibits the election or appointment of judges over 70. Ivey said Thursday that she regrets that Crowell will be unable to take the position. The position of probate judge is vacant after Steven Reed was elected as Montgomery mayor. Reed took office this week. Some legislators have unsuccessfully tried to raise the age limit to 75. Republished with the permission of the Associated Press.
Parker Snider: Prepare to vote on constitutional amendments, Alabama
The drought, as they say, is over. Football season is back in Alabama. To no one’s surprise, the Alabama Crimson Tide was ranked #1 in both the AP and Coaches preseason polls. Almost simultaneously as the return of college football, however, is the beginning of another all-too-familiar season for Alabamians. That season, of course, is election season. In this season, as in the college football season, Alabama earns a number one ranking. This ranking isn’t for being the state with the most elections, however. No, this additional #1 ranking is for our massive state constitution, the longest constitution in America and, perhaps, the world. Our constitution is well over 300,000 words–that’s forty times longer than the U.S. Constitution. The only governing document that rivals the size of Alabama’s is that of India, although it is still less than half as lengthy. Our constitution’s depth, it seems, is due to the 928 amendments that have been added since the constitution’s inception in 1901. Although some amendments are substantive and generally applicable to the entire state, a large portion of the amendments only deal with a singular county. This is because the Constitutional Convention of 1901, in an effort to regain control of the state after Reconstruction, concentrated power so heavily in Montgomery that many local decisions were, and still are, not legally permitted without an explicit change in the constitution, e.g. a constitutional amendment. This means that anytime a county wants to, for example, levy a minor tax, institute local term limits, or create a toll road, a constitutional amendment is required. In November, Alabamians will have the opportunity to make the state constitution even longer. This year, residents will vote on four statewide constitutional amendments, a relatively small number in light of the fourteen voted on in 2016. Included on the ballot will be constitutional amendments concerning the public display of the Ten Commandments, abortion, the University of Alabama’s Board of Trustees, and special elections for legislative vacancies. Although it is easy to treat constitutional amendments as an afterthought (they are, in fact, at the end of the ballot), it is important to understand the potential impact of a change to the state’s most significant document. Unfortunately, the language describing constitutional amendments on the ballot is often difficult to understand. Additionally, there is no description of the effects of a proposed amendment. This can be disheartening to voters taking their voice in the electoral process seriously while at the same time encouraging split-second decisions and absent-minded bubbling. Neither of these cases are desirable. That’s why, in the upcoming weeks, the Alabama Policy Institute will release op-eds on the constitutional amendments in easy-to-understand language, including the possible effects, or lack thereof, on the state. We will also be releasing a one-stop Guide to the Issues that will explain the amendments concisely and readably in a format that can be taken into the voting booth. Stay tuned. ••• Parker Snider is Manager of Policy Relations for the Alabama Policy Institute, an independent, nonpartisan, nonprofit research and educational organization dedicated to strengthening free enterprise, defending limited government, and championing strong families.
A breakdown of 14 amendments approved by Alabama voters
While the presidential race may have taken center stage on Tuesday, Alabama voters were presented with up to 14 additional ballot measures proposing changes to the Alabama Constitution, all of which were approved. Ratified in 1901, the Constitution frequently sees amendments come Election Day, and now has over 900. On Tuesday, some amendments were statewide while others were only seen in specific localities. Below is a summary of the 14 approved constitutional amendments: Amendment 1: Board of Trustees for Auburn University: Establishes procedures to ensure that no more than three of the members of the Auburn University Board of Trustees shall have terms that expire in the same calendar year, and adds two at large members to the board. Amendment 2: State Park funding Protects money generated by and for state parks from being moved to other government functions. Also allows the state to use private vendors to run hotels and amenities at more state parks. Amendment 3: Local rules governing amendments Allows the state Legislature to decide by resolution if proposed constitutional amendments affecting a specific local area shall be voted on statewide or only in the affected county. Amendment 4: Administrating county business Authorizes each county commission in the state to establish, subject to certain limitations, certain programs related to the administration of the affairs of the county including controlling weeds, junkyards, litter and rubbish, noise, pollution, sewage and animal control without having to ask permission from the state Legislature. Amendment 5: Separation of powers Repeals and rewrites sections of the Alabama Constitution concerning separation of powers to modernize language — such as the removal of the phrase “to wit” — without making any substantive changes. Amendment 6: Impeachment rules Establishes that a two-thirds majority vote of the Alabama Senate is required to remove an impeached public official from office. Previously, no margin was specified for removal. Amendment 7: Etowah County sheriff’s office Requires employees of the Etowah County Sheriff’s Office — except for the chief deputy, chief of detention, chief of administration, chief of investigation, director of communications, and food service manager — be under the authority of the Personnel Board of the Office of the Sheriff of Etowah County. Amendment 8: Labor and unions Adds Alabama’s right-to-work law in the Constitution, stipulating that employers cannot require employees to join unions or pay union dues. Amendment 9: Pickens County judge Makes an exception in the age limit for judges to allow someone up to age 75 to be elected or appointed to the office of Judge of Probate of Pickens County. Amendment 10: Calhoun County land Prevents cities and towns outside Calhoun County from being able to exercise police jurisdiction within Calhoun County. Amendment 11: Tax revenue Allows cities and counties to sell certain property they own for less than fair market value if it is located in areas specially designated as suitable for certain major manufacturing facilities in order to incentivize the establishment and improve various types of manufacturing facilities. Amendment 12: Baldwin County transportation Authorizes the state Legislature to create a toll road and bridge authority for a city or town in Baldwin County and they would oversee the construction and operation of toll roads and bridges within the city or town. Also authorizes the authority to issue revenue bonds to finance the projects. Amendment 13: Elected official age restrictions Repeals age restrictions for elected and appointed officials, with the exception of judges. The provision would also prevent lawmakers from approving new age caps without voters’ consent. Amendment 14: Budget, validating local laws Validates hundreds of local laws passed under a now disputed legislative procedure.
Jim Zeigler: Remove Robert Bentley from office, not Chief Justice Roy Moore
A member of Alabama’s Cabinet says when it comes to ousting state officials, one of his colleagues ought to be a bigger priority than suspended Chief Justice Roy Moore. State Auditor Jim Zeigler released a statement Saturday saying he’d rather see Gov. Robert Bentley go than Moore, who is suspended on charges he violated ethics rules in attempting to prevent probate judges from issuing marriage licenses to same-sex couples. Bentley, for his part, faces allegations he abused his position amid “inappropriate comments” to — and perhaps an extramarital affair with — a former political adviser and staffer. Zeigler says removing Moore could jeopardize proceedings in an ongoing effort by Bentley’s foes to impeach the governor over the allegations. “One thing affects another. Removal of Chief Justice Roy Moore would compromise the efforts to impeach Gov. Robert Bentley,” said Zeigler. “Since the Chief Justice presides over any impeachment trial of a Governor, Bentley would be able to personally select the person to run his own impeachment trial.” “Without the elected Chief Justice, the new Chief Justice would be named by Gov. Bentley acting alone. He can appoint any lawyer. That Bentley appointee would then be the presiding officer of the impeachment trial,” Zeigler continued. “The people of Alabama already have a low confidence level in the gubernatorial impeachment process. Almost no one expects impeachment to make progress despite the serious allegations against Gov. Bentley. If Bentley is allowed to appoint the presiding officer for his own impeachment trial, the confidence level in that process would drop below zero,” Zeigler said. In his statement over the weekend, Zeigler cited section 173 of the state constitution, which provides the head of the high court presides over any impeachment trial conducted by the Senate. State law also dictates in the event a chief justice is unavailable to oversee an impeachment, a sitting associate justice would assume the reins. “That is not likely at all,” Zeigler said. “If the impeachment process against the governor takes place at all, it will be six months from now or longer, while the judiciary trial of Chief Justice Moore is expected in June or July,” “If Justice Moore is removed. Gov. Bentley would have the dream defense, the defense of last resort, the goal line stand. He can select the judge in his own case. “What else can go wrong in Montgomery? The mess in Montgomery would make a good soap opera or novel. Only truth is stranger than fiction,” Zeigler said.
Right-to-work amendment passed in Alabama Senate
The Alabama Senate has passed legislation reiterating Alabama’s position as a so-called “right-to-work” state. Senators on Thursday passed the amendment 25 votes to 9. Alabama voters will now have the chance to approve the amendment at the ballot box. Right-to-work states prohibit companies from requiring workers to pay union dues as a condition of employment. Alabama law already has the prohibition, but Republicans said adding the amendment to the state Constitution will give businesses additional assurances. In a debate on the Senate floor, Minority Leader Quinton Ross, a Democrat, called the amendment “asinine” and a waste of time and money. Ross says lawmakers have more important issues they should address. Republished with permission of the Associated Press.
Alabama judge: Feds should issue same-sex marriage licenses
An Alabama probate judge is asking the state’s Supreme Court for a way out of issuing marriage licenses to same-sex couples. Elmore County Probate Judge John Enslen filed a petition Monday that says the federal government, not state offices, should issue marriage licenses to same-sex couples. The federal government is responsible for upholding and enforcing other laws created at the federal level and already issues licenses through numerous agencies, Enslen said in the petition. The petition asks the court to order judges statewide not to issue same-sex marriage licenses or recognize licenses that Enslen says have been issued in contradiction to the Alabama Constitution. “Born solely from a strained interpretation of the U.S. Constitution, the new same-sex marriage license is a child of the federal government, not the State of Alabama,” Enslen wrote in the petition. Enslen also asks that the Alabama Supreme Court declare it will only recognize same-sex marriage licenses if they have been issued by the federal government or by states that have their own gay marriage laws. The petition is the second of its kind to be filed with the state’s high court, said ACLU-Alabama Executive Director Susan Watson. “They would really be hard pressed to come out and say that Alabama isn’t bound by the Supreme Court decision,” she said. “I think it’s just typical Alabama mindset in that they don’t want to do what the federal government tells them to do.” Elmore County, just north of Montgomery, is one of nine counties in the state that has stopped issuing marriage license altogether, Watson said. Officials in Alabama counties that are no longer issuing marriage licenses are using a segregation-era state law to avoid licensing gay and lesbian couples. The law says probate courts “may” issue rather than “shall” issue marriage licenses. “We’re taking a strong look at that because the Supreme Court ruling stated that marriage was a fundamental right,” Watson said. “So the fact that these judges are not issuing licenses to anyone is denying them their fundamental right to marry.” Republished with permission of the Associated Press.
Angi Stalnaker: Break government logjam, so great ideas get through
The Alabama Constitution is the longest of its kind in the world. No other state and no other nation has a governing document that comes close to ours in its sheer volume. Yet, in all of its 117,000 words, it only specifies one absolute duty of the Legislature and that’s to pass a balanced budget. This year, that budget is in dire straits and the fact that there is a severe shortage of revenue is a fact that nearly all elected officials can agree on. The political divide appears when the discussion of solutions to the state’s fiscal woes enters the conversation. Some promote taxes and some advocate for more cuts to General Fund agencies. Some argue more can be cut and others insist that further cuts would be disastrous and would prohibit our state from adequately providing basic services. The correct answer is unclear but one thing is for sure, if you want the truth, go to the source and nobody has done that. More than 25,000 hardworking Alabamians are employed by the state of Alabama. They are each witnesses to the everyday processes of state government. Most of them see things every day that are wasteful or inefficient. Many of them have ideas on ways that things could be changed to make government operate more efficiently and to save precious taxpayer dollars. The problem is that the layers of government are so plentiful that it is difficult for many state employees to express their ideas to a decision maker and then even more difficult to get real change enacted. Government operates on inertia and the idea of doing something a certain way because that is the way it has always been done is standard operating procedure at most levels. These desperate budget times mandate a change in that mindset and that will require elected officials and decision makers to go to the source for revenue savings. State employees haven’t had a raise since before Auburn won a National Championship. The last time they saw a real salary increase, Barack Obama was still a U.S. senator. Yet, in all that time, nobody has gone to this group of eyewitnesses to everyday government and asked them how to operate more efficiently and effectively. It’s time to ask state employees for their ideas to cut costs and operate more efficiently and reward them for it. Launch a website and ask current state employees to submit their ideas and, if an idea is instituted, give that employee a one-time bonus equal to 5 percent of the savings accrued by their idea in the first year. Ideas will come in. Some will be feasible and some won’t be. The submitted ideas may only save a few million dollars or there could be tens of millions of taxpayer dollars saved. We will never know until we go to the source. Angi Horn Stalnaker is founder of Virtus Solutions, a government relations and communications firm.
