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
– Goals of the Convention
– Problems with the constitution
 Length
 Issues

The Power of Interest Groups
–
–
–
–
ALFA
Alabama Citizens Against Constitutional Reform
Alabama Citizens For Constitutional Reform
Alabama Arise
Amendments
777 amendments as of 2007
 Most pertain to one city or county
 ¾ of all amendments are locally based
 Amendment 555 requires statewide vote
on all local amendments
 2004 elections

Examples
Amendment
county
 Amendment
 Amendment
county
 Amendment
county

351 pertains strictly to Mobile
482 is for Lauderdale county
520 applies to Madison
497 applies to Jefferson
Racial Language

Segregated School Requirements
-Section 256

Miscegenation Laws
– Section 102
– Federal Government
– Amendment 667

Voting Rights
–
–
–
–
White Supremacy
15th Amendment of U.S Constitution
Poll Taxes
1942 Alabama Policy Institute
Lack of Home Rule

What is Home Rule ?
– Dillon's Rule

Why Home Rule in Alabama
– Framer’s thoughts

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
 Lack of Zoning Powers in counties

– Madison County rock quarry
Economic Development or a Lack
there of
Agricultural State
 The Big Mule Alliance

– Goals and Accomplishments

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 General Agreement on Tariff and
Trade (GATT)

– Effects of Alabama Economy
Alabama Taxes
Three major problems : lack of fairness,
inefficiency and inadequacy
 Who does the tax system benefit?
 Lowest property taxes in nation
 Earmarking of certain funds

Taxes
Alabama taxes income at $ 4600
 Mississippi at $19,000
 Mississippi brings in more revenue

What does Alabama Tax
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
– Georgia has had 10 constitutions
– Mississippi has had 4
– Alabama 6
– Tennessee has had 3
Types of reform

Full Revision
– What is it
– What are the issues for revising the
Constitution
– Convention

Constitutional Limitations
– Section 286
Types of Reform

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
 Florida: An example or successful reform efforts?

– Article 11 of Florida’s 1968 Constitution
– Revision Commission

Success or Failure?
Alabama’s failed attempts to
Reform
Why we can’t reform
 Attempts by past leaders

– James E. Folsom
– Brewer Commission
Conclusions
Alabama’s Constitution is the longest legal
document in the world
 Lack of Home Rule keeps local gv’t from
making laws
 One of the most unfair tax systems in U.S
 Constitution prohibits economic
development

Conclusions
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
 Florida’s example could be beneficial for
Alabama’s problems with reform

Select References
Flynt, Wayne. 2004. Alabama in the Twentieth
Century. Tuscaloosa, AL: The
University of Alabama Press.
 Thomson, Bailey, ed. 2002. A Century of

Controversy: Constitutional Reform in Alabama.
Tuscaloosa, AL: The University of Alabama
Press .