The Problems with the Alabama Constitution A look at Amendments, Taxes, Home Rule, Racial Language, Economic Development, and Reformation By Lindsay Curry,

The Problems with the The Problems with the Alabama ConstitutionAlabama Constitution

A look at Amendments, Taxes, A look at Amendments, Taxes, Home Rule, Racial Language, Home Rule, Racial Language, Economic Development, and Economic Development, and

ReformationReformationBy Lindsay Curry, 2007.By Lindsay Curry, 2007.

IntroductionIntroduction

History of Alabama’s 1901 ConstitutionHistory of Alabama’s 1901 Constitution– Goals of the ConventionGoals of the Convention– Problems with the constitutionProblems with the constitution

LengthLength IssuesIssues

The Power of Interest GroupsThe Power of Interest Groups– ALFAALFA– Alabama Citizens Against Constitutional ReformAlabama Citizens Against Constitutional Reform– Alabama Citizens For Constitutional ReformAlabama Citizens For Constitutional Reform– Alabama AriseAlabama Arise

AmendmentsAmendments

777 amendments as of 2007777 amendments as of 2007 Most pertain to one city or countyMost pertain to one city or county ¾ of all amendments are locally ¾ of all amendments are locally

basedbased Amendment 555 requires statewide Amendment 555 requires statewide

vote on all local amendmentsvote on all local amendments 2004 elections2004 elections

ExamplesExamples

Amendment 351 pertains strictly to Amendment 351 pertains strictly to Mobile countyMobile county

Amendment 482 is for Lauderdale Amendment 482 is for Lauderdale countycounty

Amendment 520 applies to Madison Amendment 520 applies to Madison countycounty

Amendment 497 applies to Jefferson Amendment 497 applies to Jefferson countycounty

Racial LanguageRacial Language Segregated School RequirementsSegregated School Requirements

-Section 256-Section 256 Miscegenation LawsMiscegenation Laws

– Section 102Section 102– Federal GovernmentFederal Government– Amendment 667Amendment 667

Voting RightsVoting Rights– White SupremacyWhite Supremacy– 1515thth Amendment of U.S Constitution Amendment of U.S Constitution– Poll TaxesPoll Taxes– 1942 Alabama Policy Institute1942 Alabama Policy Institute

Lack of Home RuleLack of Home Rule

What is Home Rule ?What is Home Rule ?– Dillon's RuleDillon's Rule

Why Home Rule in AlabamaWhy Home Rule in Alabama– Framer’s thoughtsFramer’s thoughts

Problems with Home RuleProblems with Home Rule– SlowSlow– State LegislatureState Legislature– DelegatesDelegates

Examples of Home Rule Examples of Home Rule IssuesIssues

The Gulf Shores Parkway and the The Gulf Shores Parkway and the accumulated billboards because accumulated billboards because Alabama counties do not have the Alabama counties do not have the authority to adopt-a-sign ordinancesauthority to adopt-a-sign ordinances

Lack of Zoning Powers in countiesLack of Zoning Powers in counties– Madison County rock quarryMadison County rock quarry

Economic Development or a Economic Development or a Lack there ofLack there of

Agricultural StateAgricultural State The Big Mule AllianceThe Big Mule Alliance

– Goals and AccomplishmentsGoals and Accomplishments Constitution prohibits economic Constitution prohibits economic

development indirectlydevelopment indirectly– Section 93 Section 93 – 1920 amended constitution 1920 amended constitution – Public Services to Rural AreasPublic Services to Rural Areas

Economic DevelopmentEconomic Development

The North American Free Trade Act The North American Free Trade Act (NAFTA)(NAFTA)

The General Agreement on Tariff and The General Agreement on Tariff and Trade (GATT)Trade (GATT)– Effects of Alabama EconomyEffects of Alabama Economy

Alabama TaxesAlabama Taxes

Three major problems : lack of Three major problems : lack of fairness, inefficiency and inadequacy fairness, inefficiency and inadequacy

Who does the tax system benefit?Who does the tax system benefit? Lowest property taxes in nationLowest property taxes in nation Earmarking of certain fundsEarmarking of certain funds

TaxesTaxes

Alabama taxes income at $ 4600Alabama taxes income at $ 4600 Mississippi at $19,000Mississippi at $19,000 Mississippi brings in more revenueMississippi brings in more revenue

What does Alabama TaxWhat does Alabama Tax

GroceriesGroceries

Citizens pay more tax on groceries Citizens pay more tax on groceries than their homesthan their homes

Example:Example:

Average taxes paid on groceries is $ Average taxes paid on groceries is $ 450 yearly450 yearly

Average taxes paid on $ 100,000 Average taxes paid on $ 100,000 home is $250 yearlyhome is $250 yearly

Reforming the ConstitutionReforming the Constitution

Other southern states constitutionsOther southern states constitutions– Georgia has had 10 constitutions Georgia has had 10 constitutions – Mississippi has had 4Mississippi has had 4– Alabama 6Alabama 6– Tennessee has had 3Tennessee has had 3

Types of reformTypes of reform

Full RevisionFull Revision– What is itWhat is it– What are the issues for revising the What are the issues for revising the

ConstitutionConstitution– ConventionConvention

Constitutional LimitationsConstitutional Limitations– Section 286Section 286

Types of ReformTypes of Reform

Constitutional AmendmentConstitutional Amendment– Amendment that would define all Amendment that would define all

changes madechanges made– State legislatures propose possible State legislatures propose possible

changeschanges– Why this will not occurWhy this will not occur

Constitutional Commission and Constitutional Commission and Florida Florida

Constitutional CommissionConstitutional Commission Florida: An example or successful reform Florida: An example or successful reform

efforts? efforts? – Article 11 of Florida’s 1968 ConstitutionArticle 11 of Florida’s 1968 Constitution– Revision CommissionRevision Commission

Success or Failure?Success or Failure?

Alabama’s failed attempts to Alabama’s failed attempts to ReformReform

Why we can’t reformWhy we can’t reform Attempts by past leadersAttempts by past leaders

– James E. FolsomJames E. Folsom– Brewer CommissionBrewer Commission

ConclusionsConclusions

Alabama’s Constitution is the longest Alabama’s Constitution is the longest legal document in the worldlegal document in the world

Lack of Home Rule keeps local gv’t Lack of Home Rule keeps local gv’t from making lawsfrom making laws

One of the most unfair tax systems in One of the most unfair tax systems in U.SU.S

Constitution prohibits economic Constitution prohibits economic developmentdevelopment

ConclusionsConclusions

Despite amendments preventing Despite amendments preventing racial language it is still present racial language it is still present throughout the constitutionthroughout the constitution

Reform efforts are on the rise, it will Reform efforts are on the rise, it will be hard to accomplish because of be hard to accomplish because of legislature’s powerlegislature’s power

Florida’s example could be beneficial Florida’s example could be beneficial for Alabama’s problems with reformfor Alabama’s problems with reform

Select References Select References

Flynt, Wayne. 2004. Flynt, Wayne. 2004. Alabama in the Alabama in the Twentieth CenturyTwentieth Century. Tuscaloosa, AL: The . Tuscaloosa, AL: The

University of Alabama Press.University of Alabama Press. Thomson, Bailey, ed. 2002. Thomson, Bailey, ed. 2002. A Century of A Century of

Controversy: Constitutional Reform in Controversy: Constitutional Reform in AlabamaAlabama. Tuscaloosa, AL: The University . Tuscaloosa, AL: The University of Alabama Pressof Alabama Press . .