The Problems with the Alabama Constitution

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

3. 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

4. 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

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

6. 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

7. 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

8. 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

9. 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

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

11. 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

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

14. 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

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

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

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

18. 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?

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

20. 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

21. 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

23. 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 .