The 1901 Alabama Constitution

The 1901 Alabama Constitution

Alabama Citizens for Constitutional ReformAlabama Citizens for Constitutional Reform

The Case for Reform

State ConstitutionsState Constitutions

• State constitutions preceded the U.S. Constitution.

• Most states have had three or more constitutions.

• Altogether, states have adopted 146 constitutions.

• State constitutions preceded the U.S. Constitution.

• Most states have had three or more constitutions.

• Altogether, states have adopted 146 constitutions.

• 1819 document reflected new democratic spirit.

• 1861 constitution took Alabama out of the union.

• 1865 document attempted to rejoin the union.

• 1868 constitution was product of Reconstruction.

• 1875 constitution was a reaction to negative impact of 1868 document

• 1819 document reflected new democratic spirit.

• 1861 constitution took Alabama out of the union.

• 1865 document attempted to rejoin the union.

• 1868 constitution was product of Reconstruction.

• 1875 constitution was a reaction to negative impact of 1868 document

Early Alabama ConstitutionsEarly Alabama Constitutions

Populist RevoltPopulist Revolt

• But by late 1880s, farmers were caught between falling prices and rising costs.

• Many joined a protest movement to wrest power from ruling Democrats.

• Part of the greatest grassroots movement in America’s history.

• But by late 1880s, farmers were caught between falling prices and rising costs.

• Many joined a protest movement to wrest power from ruling Democrats.

• Part of the greatest grassroots movement in America’s history.

Chilton County family, 1900

Democracy Prior to 1901

Democracy Prior to 1901

• Nearly 80 percent of eligible Alabamians, white and black, voted.

• At one point in 1890s, three parties competed for votes: Democrats, Populists and Republicans.

• Reuben F. Kolb denied governorship on fraudulent vote counts in 1892 and 1894.

• Nearly 80 percent of eligible Alabamians, white and black, voted.

• At one point in 1890s, three parties competed for votes: Democrats, Populists and Republicans.

• Reuben F. Kolb denied governorship on fraudulent vote counts in 1892 and 1894.

KolbKolb

1901 Conventio

n

1901 Conventio

n• 155 delegates – all

white and all male.

• Controlled by a coalition of big planters and industrialists.

• Elected John B. Knox of Anniston as president.

• 155 delegates – all white and all male.

• Controlled by a coalition of big planters and industrialists.

• Elected John B. Knox of Anniston as president.

Ratification FightRatification Fight• Vote results: 108,613

yes; 81,734 no.

• Supporters amassed fraudulent majorities in plantation counties.

• Black leaders such as Booker T. Washington pleaded for fair treatment.

• Vote results: 108,613 yes; 81,734 no.

• Supporters amassed fraudulent majorities in plantation counties.

• Black leaders such as Booker T. Washington pleaded for fair treatment.

Washington

Effects

Effects

• Gutted democracy through disfranchisement.

• Prohibited economic development

• Did not provide for home rule by counties.

• Left Alabama poorly equipped for the 20th century.

• Gutted democracy through disfranchisement.

• Prohibited economic development

• Did not provide for home rule by counties.

• Left Alabama poorly equipped for the 20th century.

Mobile Register

Gov. O’Neal for Reform Gov. O’Neal for Reform

O’Neal

– Emmet O’Neal, Speech to UA Alumni, 1914.– Emmet O’Neal, Speech to UA Alumni, 1914.

“The first and most important step to improve the educational conditions in Alabama would be the convening of a Constitutional Convention to revise our present antiquated fundamental law.”

“The first and most important step to improve the educational conditions in Alabama would be the convening of a Constitutional Convention to revise our present antiquated fundamental law.”

Kilby Wants ConventionKilby Wants Convention

• In 1923, Gov. Thomas E. Kilby called for a constitutional convention.

• He advocated having a commission do preparatory work.

• He wanted to involve a diverse group of citizens.

• In 1923, Gov. Thomas E. Kilby called for a constitutional convention.

• He advocated having a commission do preparatory work.

• He wanted to involve a diverse group of citizens.

KilbyKilby

Gov. Jim Folsom’s Crusade

Gov. Jim Folsom’s Crusade

• During his terms, 1947-51 and 1957-61, he pushed Legislature to call a constitutional convention.

• He met fierce resistance from the old alliance of planters and industrialists.

• Legislature was more concerned with opposing civil rights.

• During his terms, 1947-51 and 1957-61, he pushed Legislature to call a constitutional convention.

• He met fierce resistance from the old alliance of planters and industrialists.

• Legislature was more concerned with opposing civil rights. Folsom

Brewer’s CommissionBrewer’s Commission

• Gov. Albert Brewer, 1969-71, persuaded the Legislature to appoint a commission.

• It proposed a new constitution in 1973.

• Gov. George Wallace, however, showed no interest in reform.

• Gov. Albert Brewer, 1969-71, persuaded the Legislature to appoint a commission.

• It proposed a new constitution in 1973.

• Gov. George Wallace, however, showed no interest in reform.

Brewer

James’ and Baxley’s Efforts

James’ and Baxley’s Efforts• Gov. Fob James in 1979

proposed a new constitution. It won the Senate’s approval but failed in the House.

• Lt. Gov. Bill Baxley in 1983 persuaded the Legislature to clean up the 1901 Constitution.

• The Alabama Supreme Court, however, struck down Baxley’s plan before people could vote on it.

• Gov. Fob James in 1979 proposed a new constitution. It won the Senate’s approval but failed in the House.

• Lt. Gov. Bill Baxley in 1983 persuaded the Legislature to clean up the 1901 Constitution.

• The Alabama Supreme Court, however, struck down Baxley’s plan before people could vote on it.

James

Baxley

Grassroots Movement Grassroots Movement

• Alabama Citizens for Constitutional Reform was founded April 7, 2000.

• Members use rallies, forums and speakers to mobilize support for a modern document.

• Alabama Citizens for Constitutional Reform was founded April 7, 2000.

• Members use rallies, forums and speakers to mobilize support for a modern document.

Major Issues Major Issues

• Ineffective Government

• Lack of Local Democracy

• Recurring Revenue Crises

• Ineffective Government

• Lack of Local Democracy

• Recurring Revenue Crises

1. Ineffective Government

1. Ineffective Government

• Governing magazine’s 2001 study of state performance gave Alabama its lowest average grade.

• Such weaknesses reduce accountability to taxpayers.

• Result? Inefficiency.

• Governing magazine’s 2001 study of state performance gave Alabama its lowest average grade.

• Such weaknesses reduce accountability to taxpayers.

• Result? Inefficiency.

Judicial SuccessJudicial Success

• Voters approved new judicial article in 1973, modernizing court system.

• Used as a model for other states.

• Alabama is capable of meaningful reform.

• Voters approved new judicial article in 1973, modernizing court system.

• Used as a model for other states.

• Alabama is capable of meaningful reform.

Heflin

2. Lack of Local Democracy

2. Lack of Local Democracy

• Alabama only Southeastern state that denies counties local planning authority.

• Yet most state population growth occurring in 21 metro counties.

• Most states have granted governing power to localities.

• Alabama only Southeastern state that denies counties local planning authority.

• Yet most state population growth occurring in 21 metro counties.

• Most states have granted governing power to localities.

Typical Home Rule

Issues

Typical Home Rule

Issues

• Land use. (Example: counties can’t provide orderly growth.)

• Local control. (Counties must ask Legislature for permission to deal with local issues.)

• Flexibility. (Urban counties can’t streamline services such as law enforcement.)

• Land use. (Example: counties can’t provide orderly growth.)

• Local control. (Counties must ask Legislature for permission to deal with local issues.)

• Flexibility. (Urban counties can’t streamline services such as law enforcement.)

Grand Bay Elementary Principal Pam Adams

Local LegislationLocal Legislation

• Legislature now spends much of its time debating local issues.

• About 40 percent of bills considered by the Alabama Legislature have only local impact.

• About 70 percent of Alabama's amendments apply to a single county or city.

• Legislature now spends much of its time debating local issues.

• About 40 percent of bills considered by the Alabama Legislature have only local impact.

• About 70 percent of Alabama's amendments apply to a single county or city.

Examples of AmendmentsExamples of Amendments

• No. 520 allows Madison County to exhume remains.

• No. 546 authorizes Limestone County to tax pool halls and bowling alleys.

• No. 351 permits tax for Mobile County to spray for mosquitoes and kill rats.

• No. 520 allows Madison County to exhume remains.

• No. 546 authorizes Limestone County to tax pool halls and bowling alleys.

• No. 351 permits tax for Mobile County to spray for mosquitoes and kill rats.

Mobile worker prepares to spray.

3. Revenue Crises3. Revenue Crises• Growth taxes all earmarked for education,

causing a perpetual funding crisis in Medicaid, Public Safety and other General Fund agencies.

• Sales tax only major source not shielded by Constitution. Thus, it continues to climb.

• Inflexibility often forces the state to prorate its budgets when economy weakens and tax collections fall.

• Growth taxes all earmarked for education, causing a perpetual funding crisis in Medicaid, Public Safety and other General Fund agencies.

• Sales tax only major source not shielded by Constitution. Thus, it continues to climb.

• Inflexibility often forces the state to prorate its budgets when economy weakens and tax collections fall.

Burden on PoorBurden on Poor

• In Alabama, family of four begins paying income taxes at just $4,600. (In Mississippi, the threshold is $19,600.)

• Alabama allows exemption of only $300 per child, compared with federal tax exemption of $2,900.

• Families pay sales taxes even on milk, diapers and baby aspirin.

• In Alabama, family of four begins paying income taxes at just $4,600. (In Mississippi, the threshold is $19,600.)

• Alabama allows exemption of only $300 per child, compared with federal tax exemption of $2,900.

• Families pay sales taxes even on milk, diapers and baby aspirin.

How can the Alabama Constitution be

Amended?

How can the Alabama Constitution be

Amended?

• Constitutional Convention

• Article by article

• Constitutional Convention

• Article by article

• Legislature has to call the convention and voters must agree to the call.

• Legislature also decides how delegates will be elected and when. But the Legislature may not limit the convention’s actions.

• Any new constitution must be submitted to voters for ratification.

• Louisiana had last successful state convention, 1973-74.

• Legislature has to call the convention and voters must agree to the call.

• Legislature also decides how delegates will be elected and when. But the Legislature may not limit the convention’s actions.

• Any new constitution must be submitted to voters for ratification.

• Louisiana had last successful state convention, 1973-74.

ConventionConvention

Article by ArticleArticle by Article

• Legislature may amend the constitution one article at a time, with voters’ permission.

• The Legislature may not submit an entire document to the voters.

• But it may submit more than one article at a time.

• Gov. Bob Riley has chosen this method for reform.

• Legislature may amend the constitution one article at a time, with voters’ permission.

• The Legislature may not submit an entire document to the voters.

• But it may submit more than one article at a time.

• Gov. Bob Riley has chosen this method for reform.

How You Can Help

• Join ACCR

• Call or write your legislator.

• Write letters to your local newspaper.

• Join in educating our fellow citizens.