The Problems with the Alabama Constitution A look at Amendments, Taxes, Home Rule, Racial Language, Economic Development, and Reformation By Lindsay Curry, 2007.

Introduction History of Alabama’s 1901 Constitution History of Alabama’s 1901 Constitution –Goals of the Convention –Problems with the constitution  Length  Issues The Power of Interest Groups The Power of Interest Groups –ALFA –Alabama Citizens Against Constitutional Reform –Alabama Citizens For Constitutional Reform –Alabama Arise

Amendments 777 amendments as of amendments as of 2007 Most pertain to one city or county Most pertain to one city or county ¾ of all amendments are locally based ¾ of all amendments are locally based Amendment 555 requires statewide vote on all local amendments Amendment 555 requires statewide vote on all local amendments 2004 elections 2004 elections

Examples Amendment 351 pertains strictly to Mobile county Amendment 351 pertains strictly to Mobile county Amendment 482 is for Lauderdale county Amendment 482 is for Lauderdale county Amendment 520 applies to Madison county Amendment 520 applies to Madison county Amendment 497 applies to Jefferson county Amendment 497 applies to Jefferson county

Racial Language Segregated School Requirements Segregated School Requirements -Section 256 Miscegenation Laws Miscegenation Laws –Section 102 –Federal Government –Amendment 667 Voting Rights Voting Rights –White Supremacy –15 th Amendment of U.S Constitution –Poll Taxes –1942 Alabama Policy Institute

Lack of Home Rule What is Home Rule ? What is Home Rule ? –Dillon's Rule Why Home Rule in Alabama Why Home Rule in Alabama –Framer’s thoughts Problems with Home Rule Problems with Home Rule –Slow –State Legislature –Delegates

Examples of Home Rule Issues The Gulf Shores Parkway and the accumulated billboards because Alabama counties do not have the authority to adopt-a-sign ordinances The Gulf Shores Parkway and the accumulated billboards because Alabama counties do not have the authority to adopt-a-sign ordinances Lack of Zoning Powers in counties Lack of Zoning Powers in counties –Madison County rock quarry

Economic Development or a Lack there of Agricultural State Agricultural State The Big Mule Alliance The Big Mule Alliance –Goals and Accomplishments Constitution prohibits economic development indirectly Constitution prohibits economic development indirectly –Section 93 –1920 amended constitution –Public Services to Rural Areas

Economic Development The North American Free Trade Act (NAFTA) The North American Free Trade Act (NAFTA) The General Agreement on Tariff and Trade (GATT) The General Agreement on Tariff and Trade (GATT) –Effects of Alabama Economy

Alabama Taxes Three major problems : lack of fairness, inefficiency and inadequacy Three major problems : lack of fairness, inefficiency and inadequacy Who does the tax system benefit? Who does the tax system benefit? Lowest property taxes in nation Lowest property taxes in nation Earmarking of certain funds Earmarking of certain funds

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

What does Alabama Tax Groceries Groceries Citizens pay more tax on groceries than their homes Example: Average taxes paid on groceries is $ 450 yearly Average taxes paid on $ 100,000 home is $250 yearly

Reforming the Constitution Other southern states constitutions Other southern states constitutions –Georgia has had 10 constitutions –Mississippi has had 4 –Alabama 6 –Tennessee has had 3

Types of reform Full Revision Full Revision –What is it –What are the issues for revising the Constitution –Convention Constitutional Limitations Constitutional Limitations –Section 286

Types of Reform Constitutional Amendment Constitutional Amendment –Amendment that would define all changes made –State legislatures propose possible changes –Why this will not occur

Constitutional Commission and Florida Constitutional Commission Constitutional Commission Florida: An example or successful reform efforts? Florida: An example or successful reform efforts? –Article 11 of Florida’s 1968 Constitution –Revision Commission Success or Failure? Success or Failure?

Alabama’s failed attempts to Reform Why we can’t reform Why we can’t reform Attempts by past leaders Attempts by past leaders –James E. Folsom –Brewer Commission

Conclusions Alabama’s Constitution is the longest legal document in the world Alabama’s Constitution is the longest legal document in the world Lack of Home Rule keeps local gv’t from making laws Lack of Home Rule keeps local gv’t from making laws One of the most unfair tax systems in U.S One of the most unfair tax systems in U.S Constitution prohibits economic development Constitution prohibits economic development

Conclusions Despite amendments preventing racial language it is still present throughout the constitution Despite amendments preventing racial language it is still present throughout the constitution Reform efforts are on the rise, it will be hard to accomplish because of legislature’s power Reform efforts are on the rise, it will be hard to accomplish because of legislature’s power Florida’s example could be beneficial for Alabama’s problems with reform Florida’s example could be beneficial for Alabama’s problems with reform

Select References Flynt, Wayne Alabama in the Twentieth Century. Tuscaloosa, AL: The Flynt, Wayne Alabama in the Twentieth Century. Tuscaloosa, AL: The University of Alabama Press. Thomson, Bailey, ed A Century of Controversy: Constitutional Reform in Alabama. Tuscaloosa, AL: The University of Alabama Press. Thomson, Bailey, ed A Century of Controversy: Constitutional Reform in Alabama. Tuscaloosa, AL: The University of Alabama Press.