LEGAL EASE
by Shane Givens and Summer McWhorter

Nov. 14, 2012

Why so many amendments?


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For the past month, the voters of Alabama have been unable to watch TV without hearing about constitutional amendments. In honor of the recent election, I thought it might be nice to give a little history of the Alabama Constitution and why Alabama voters are asked to vote on so many proposed amendments. For registered voters, at least the ones that actually exercised their right to vote, it might have surprised some to find there were 11 amendments on the ballot to be decided by the voters of the state.

The current state Constitution is the sixth Alabama has had in its history. In 1901, the current document was put in place. It is the longest constitution in the world. It is 40 times longer than the U.S. Constitution and 12 times longer than the average state constitution.

The main reason the Alabama Constitution of 1901 is so long is because of the centralization of power. The 1901 Constitution protected industrial and agricultural business interests. Local authorities have very little power because power is centralized in the state government. This lack of home rule means that if the probate judge in Winston County wants a raise, the entire state gets to vote on the issue. Most other states can handle many of these issues by statute or local vote, but not in Alabama. Everyone gets a say, even if it does not directly affect them. There are over 850 amendments to the Alabama constitution and somewhere around 70 percent of those amendments cover only a single county or city.

There are many of the provisions of the Constitution that have been overruled by federal law. Some of these are the requirements for a poll tax and literacy tests to enroll voters. The 1901 Constitution also outlawed interracial marriage and disqualified from voting all “idiots and insane persons.” The fact that some of these provisions, though no longer in effect, are even listed in the Constitution upsets many.

In recent years, Alabamians have become more vocal about the need for constitutional reform. Many feel a long, convoluted, and at times racist, constitution is not in the best interest of the state or its citizens. There are whole groups dedicated to rewriting the Alabama Constitution.
On the other hand, there are many groups that are afraid that a new constitution might, in effect, be worse than what we have now. Many are afraid what impact a new constitution might have on taxation and the way new taxes could be imposed.

Perhaps it is time for us as citizens to educate ourselves on the current state Constitution and ways to improve our government and the services it provides. Most people tend to believe that change is needed. The difference seems to be the scale of change. Some are perfectly happy with voting on numerous amendments each time an election rolls around, while others want to see a whole new constitution for Alabama. 


This column is intended for general information purposes only. The answers to most legal problems rely on specific facts of a particular situation; therefore, it is very important to see a lawyer when these situations arise. Please e-mail questions for future columns to
givenslaw@tds.net.