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