The Alabama State Constitution (Oxford Commentaries on the State Constitutions of the United States)

The Alabama State Constitution provides extensive analysis on American's longest state constitution, with an emphasis on the impact of recent court decisions declaring several of its most recently adopted provisions as in conflict with the U.S. Constitution and thus invalid. Since entering the Union in 1819, Alabama has had six constitutions. While the original constitution was regarded as one of the most progressive in the nation, its current constitution, adopted in 1901, is one of the most restrictive, especially from the perspective of the limits it imposes on local governments. The second edition updates and expands the previous edition, providing new analysis, with citations to court decisions and relevant scholarly commentary. This edition provides important accompanying explanations on newly added provisions including gay marriage, immigration, environmental protection, energy, and taxation and the court decisions interpreting them. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents. Cover Series The Alabama State Constitution Copyright Dedication Contents Series Foreword by G. Alan Tarr Acknowledgments Part One The History of the Alabama Constitution Constitutional Change in a Traditional Culture Constitutional Continuity Black-White Relations The Alabama and U.S. Constitutions Debt and Taxes Religion and the Constitution Interest Groups Extra-.Constitutional Change Future Constitutional Change A Final Word about Constitutional Length Part Two The Alabama Constitution and Commentary Preamble Article I. Declaration of Rights Section 1. Human Equality and Rights Section 2. Popular Sovereignty Section 3. Freedom of Religion Section 3.01. Religious Freedom Reaffirmed Section 4. Freedom of Speech and Press Section 5. Searches and Seizures Section 6. Due Process of Law Section 6.01. Basic Rights for Crime Victims Section 7. No Ex Post Facto Laws Section 8. Information and Indictment Section 9. No Double Jeopardy Section 10. Civil Suits Section 11. Trial by Jury Section 12. Libel Section 13. Remedies for Wrongs Section 14. Sovereign Immunity Section 15. Fines and Punishment Section 16. Bail Section 17. Habeas Corpus Section 18. Treason Section 19. Bills of Attainder Section 20. Debt Imprisonment Section 21. Suspension of Laws Section 22. Ex Post Facto Laws; Obligation of Contract Special Privileges Section 23. Eminent Domain Section 24. Freedom of Navigation Section 25. Assembly and Petition Section 26. Bearing Arms Section 27. Civil Supremacy Section 28. Quartering of Troops Section 29. Political Equality Section 30. Immigration and Emigration Section 31. Legal Residence Section 32. Slavery Prohibited Section 33. Suffrage Section 34. Rights of Aliens Section 35. Legitimate Government Role Section 36. Constitutional Construction Section 36.01. English Designated as the Official State Language Section 36.02. Sportsperson’s Bill of Rights Section 36.03. Sanctity of Marriage Section 36.04. Required Participation in Health Care System (Voided) Article II. State and County Boundaries (Sections 37–41.01) Article III. Distribution of Powers of Government (Sections 42–43.01) Article IV. Legislative Department Section 44. Legislative Composition Section 45. Form and Content of Laws Section 46. Filling of Legislative Seats Section 46.01. Continuity of Legislature Section 47. Legislative Qualifications Section 48.01. Legislative Logistics Section 48.02. Alabama State House Section 49.01. Legislative Compensation Section 50. Apportionment of Legislators Section 51. Legislative Officers and Membership Section 52. Quorums Section 53. Legislative Rules and Conduct Section 54. Legislative Conduct (continued) Section 55. Journals Section 56. Legislative Immunity Section 57. Openness of Sessions Section 58. Adjournment Section 59. Legislative Service and Other Offices Section 60. Legislative Conduct (continued) Section 61. Legislative Procedure Section 62. Referral of Bills Section 63. Legislative Procedure (continued) Section 64. Legislative Procedure (continued) Section 65. Gambling Section 66. Legislative Procedure (continued) Section 67. Staff Compensation Section 68. Compensation of Local Officials Section 68.01. Modification of Official Salaries Section 69. Government Printing Section 70. Revenue Bills Section 71. Appropriation Bills Section 72. Financial Accountability Section 73. Appropriations Forbidden Section 74. Investment of Trust Funds Section 75. Changes of Venue Section 76. Special Legislative Sessions Section 77. State Inspections Section 78. Capital City Section 79. Bribery Section 80. Bribery (continued) Section 81. Corrupt Solicitation Section 82. Conflicts of Interest Section 83. Voting in the Legislature Section 84. Arbitration Section 85. Compilation of Codes of Laws Section 86. Dueling Forbidden Section 87. Neglect of Duty Section 88. Poor Relief Section 89. Consistency of Laws Section 90. Foreign Territory Section 91. Exempted Property Section 92. Exempted Property (continued) Section 93. State Entrepreneurial Activities Section 93.01. Promotion of Catfish Industry Section 93.02. Promotion of Cattle Industry Section 93.03. Eradication of Boll Weevil Section 93.04. Promotion of Grain Industry Section 93.05. Peanut Farmer Indemnification Program Section 93.06. Promotion of Peanut, Milk, and Cotton Industries Section 93.07. Promotion of Poultry Industry Section 93.08. Promotion of Soybean Industry Section 93.09. Promotion of Swine Industry Section 93.10. Promotion of Sheep and Goat Industry Section 93.11. Drainage Districts Section 93.12. Public Hospitals and Health Facilities Section 93.13. Development of Irrigation Districts Section 93.14. Soil and Water Conservation Commission Section 93.16. Water Management Districts Section 93.17. Promotion of Shrimp and Seafood Industry Section 94. Local Entrepreneurial Activities Section 94.01. Promotion of Economic Development by County Commission Section 94.02. Substate Tax Increment Districts Section 95. Civil Suits Section 96. Costs of County Government Section 96.01. County Government Compensation and Reorganization Section 97. Termination of Compensation Section 98. Retirement Benefits Section 99. State Grants to Private Interests Section 100. Obligations to the State Section 101. Official Lobbying Section 103. Regulation of Business Enterprise Section 104. Special, Private, and Local Laws Section 105. Special, Private, and Local Laws (continued) Section 106. Special, Private, and Local Laws (continued) Section 106.01. Validation and Amendment of Local Legislation Section 107. Special, Private, and Local Laws (continued) Section 108. Exemptions from Laws Section 109. General Laws Section 110. General, Local, Special, and Private Laws Section 111. General, Local, Special, and Private Laws (continued) Section 111.01. Responsibility for County Roads Section 111.02. Termination of Alimony Section 111.03. Expenditure of County Funds Section 111.04. Expenditure of Municipal Funds Section 111.05. Unfunded Substate Mandates Section 111.06. “Vanity” License Plates Article V. Executive Department Section 112. Composition of Executive Branch Section 113. Governor as Supreme Executive Section 114. Election of Executive Officers Section 115. Election of Executive Officers (continued) Section 116. Terms of Executive Officers Section 117. Qualifications of Top Executives; Role of Lieutenant Governor Section 118. Compensation and Residency Section 120. Governor as Chief Executive Section 121. Reporting Requirements Section 122. Special Legislative Sessions Section 123. Legislative Communications; Budget Section 124. Reprieves, Pardons, Paroles, and Remission of Sentences Section 125. Governor as Chief Legislator Section 126. Item Veto Section 127. Gubernatorial Succession Section 128. Gubernatorial Disability Section 129. Compensation of Acting Governor Section 130. Gubernatorial Exclusivity Section 131. Governor as Military Leader Section 132. Qualifications of Other Executives Section 133. Great Seal of Alabama Section 134. Duties of Secretary of State Section 135. Grants and Commissions Section 136. Succession to Other Executive Offices Section 137. Duties of Executive Officers Section 138. County Sheriffs Section 138.01. Appointments and Promotions in Civil Service Section 138.03. Use of Assets of State Retirement Systems Section 138.04. Use of Assets of State Healthcare Trusts Article VI. Judicial Department Section 139. Location of Judicial Power Section 140. Supreme Court Section 141. Courts of Appeals Section 142. Circuit Courts Section 143. District Courts Section 144. Probate Courts Section 145. Municipal Courts Section 146. Judicial Qualifications Section 147. Prohibited Activities Section 148. Judicial Compensation Section 149. Administration of the Unified Judicial System Section 150. Rule-Making Power Section 151. Judicial Staffing Section 152. Judicial Elections Section 153. Judicial Vacancies Section 154. Judicial Terms Section 155. Judicial Retirement Section 156. Judicial Inquiry Commission Section 157. Court of the Judiciary Section 158. Appliability of Impeachment Article to Appellate Judiciary Section 159. Disqualifications Section 160. District Attorneys, Clerks, Revenue Section 161. Protections for Incumbents Article VII. Impeachments (Sections 173, 175, 176) Article VIII. Suffrage and Elections Section 177. Article IX. Representation (Sections 197–.201) Article X. Exemptions (Sections 204–.210) Article XI. Taxation and Finance (Sections 211–213.37, 215–216.04, 217–219.09) Article XII. Corporations Municipal Corporations Section 220. Protections against Corporations Section 221. Corporate Tax Liabilities Section 222. Issuance of Bonds Section 222.01. Municipal Bond-.Issuing Authority Section 222.02. Public Corporation Bond-.Issuing Authority Section 222.04. Municipal Bond-.Issuing Authority (Commercial Projects) Section 222.05. County Bond-.Issuing Authority and County Debt Section 223. Assessments for Improvements Section 224. County Indebtedness Section 225. Municipal Indebtedness Section 225.01. Bond-.Issuing Authority of Smaller Communities and the Incurring of Indebtedness Section 227. Liabilities for Damages Section 229. Corporate Responsibility Section 235. Eminent Domain Section 238. Corporate Charters Section 239. Public Utilities Section 240. Corporate Rights in Court Section 241. Definition of Corporations Railroads and Canals Section 242. Railroad Responsibilities Article XIII. Banks and Banking (Section 247) Article XIV. Education Section 256. Liberal System of Public Schools Section 257. Use of Federal School Funds Section 258. Sources of School Funds Section 260. Use of State and Federal Revenues Section 260.02. Rainy Day Accounts Section 261. School Funds as Related to Teacher Salaries Section 262. Superintendent of Education Section 263. Separation of State and Church Schools Section 264. University of Alabama Trustees Section 265. University of Alabama Funds Section 266. Auburn University Trustees Section 267. Relocation of State Schools Section 268. School Census Section 269. County School Taxes Section 269.01. County School Taxes (continued) Section 269.02. District School Taxes Section 269.03. Disposition of School Tax Funds Section 269.04. County School Taxes (continued) Section 269.05. District School Taxes (continued) Section 269.06. Ratification of School Taxes Section 269.07. District School Taxes (continued) Section 269.08. Ad Valorem School Property Tax Article XV. Militia (Sections 271–278) Article XVI. Oath of Office (Section 279) Article XVII. Miscellaneous Provisions (Sections 280–282) Article XVIII. Mode of Amending the Constitution (Sections 284–287) Appendix. Explanation for Completely Excluded Sections and Amendments Bibliography Table of Cases Index About the Author The Twentieth Century Has Been Popularly Seen As The American Century, As Publisher Henry Luce Dubbed It, A Long Period In Which The United States Had Amassed The Economic Resources, The Political And Military Strength, And The Moral Prestige To Assume Global Leadership. By Century's End, The Trajectory Of American Politics, The Sense Of Ever Waxing Federal Power, And The Nation's Place In The World Seemed Less Assured. Americans Of Many Stripes Came To Contest The Standard Narratives Of Nation Building And International Hegemony That Generations Of Historians Dutifully Charted. In This Volume, A Group Of Distinguished Junior And Senior Historians-including John Mcgreevy, James Campbell, Elizabeth Borgwardt, Eric Rauchway, Elizabeth Cobbs Hoffman, And James Kloppenberg--^ Revisit And Revise Many Of The Chestnuts Of American Political History. First And Foremost, The Contributors Challenge The Teleological View Of The Inexorable Transformation Of The United States Into A Modern Nation. To Be Sure, Chain Stores Replaced Mom-and-pop Businesses, Interstate Highways Knit Together Once Isolated Regions, National Media Shaped Debate From Coast-to Coast, And The Irs, The Epa, The Federal Reserve, The Social Security Administration And Other Instruments Of National Power Became Daily Presences In The Lives Of Ordinary Americans. But The Local And The Parochial Did Not Inexorably Give Way To The National And Eventually To Global Integration. Instead, The Contributors To This Volume Illustrate The Ongoing Dialectic Between Centrifugal And Centripetal Forces In The Development Of The Twentieth Century United States. The Essays Analyze A Host Of Ways In Which Local Places Are Drawn Into A Wider Polity And Culture.^ At The Same Time, They Reveal How National And International Structures And Ideas Repeatedly Create New Kinds Of Local Movements And Local Energies. The Authors Also Challenge The Tendency To View American Politics As A Series Of Conflicts Between Liberalism And Conservatism, Which Arthur Schlesinger, Sr. And Jr. Codified As The Idea That American National Politics Routinely Experienced Roughly Fifteen Year Periods Of Liberal Reform Followed By Similar Intervals Of Conservative Reaction. For Generations, American Political History Remained The Story Of Reform, The Rise And Fall, Triumphs And Setbacks Of Successive Waves Of Reformers--jacksonian Democrats And Abolitionists, Populists And Progressives, New Dealers And Great Society Poverty Warriors-and, Recently, Equally Rich Scholarship Has Explored The Origins And Development Of American Conservatism. The Contributors Do Not Treat The Left And Right As Separate Phenomena, As The Dominant Forces Of Different Eras.^ Instead They Assert The Liberal And The Conservative Are Always And Essentially Intertwined, Mutually Constituted And Mutually Constituting. Modern American Liberalism Operates Amid Tenacious, Recurring Forces That Shape And Delimit The Landscape Of Social Reform And Political Action Just As Conservatives Layered Their Efforts Over The Cumulative Achievements Of Twentieth Century Liberalism, Necessarily Accommodating Themselves To Shifts In The Instruments Of Government, Social Mores And Popular Culture. These Essays Also Unravel A Third Traditional Polarity In Twentieth Century U.s. History, The Apparent Divide Between Foreign Policy And Domestic Politics. Notwithstanding Its Proud Anti-colonial Heritage And Its Enduring Skepticism About Foreign Entanglements, The United States Has Been And Remains A Robustly International (if Not Imperial) Nation.^ The Authors In This Volume--with Many Formative Figures In The Ongoing Internationalization Of American History Represented Among Them--demonstrate That International Connections (not Only In The Realm Of Diplomacy But Also In Matters Of Migration, Commerce, And Culture) Have Transformed Domestic Life In Myriad Ways And, In Turn, That The American Presence In The World Has Been Shaped By Its Distinctive Domestic Political Culture. Blurring The Boundaries Between Political, Cultural, And Economic History, This Collective Volume Aims To Raise Penetrating Questions And Challenge Readers' Understanding Of The Broader Narrative Of Twentieth-century U.s. History-- Introduction / Bruce J. Schulman -- Part I. The Local And The National: 1. Brand Name America: Remaking American Nationhood At The Turn Of The Twentieth Century / Bruce J. Schulman; 2. National Ideas And Local Power In Fargo, North Dakota, During The Great Depression / David B. Danbom; 3. Party Hopping: Strom Thurmond And The Origins Of The Modern Gop / Joseph Crespino -- Part Ii. Over There And Back: 4. A Last Great Crusade For Humanity: W.e.b. Du Bois And The Pan-african Congress / James T. Campbell; 5. Commerce And Complicity: Human Rights And The Legacy Of Nuremberg / Elizabeth Borgwardt; 6. Liberal Democracy And The Lure Of Bombing In The Interwar United States / Sean L. Malloy; 7. The Sincerest Form Of Flattery: The Peace Corps, The Helsinki Accords, And The Internationalization Of Social Values / Elizabeth Cobbs Hoffman -- Part Iii. The Public And The Private: 8. Perspectives On Religion In Twentieth Century American History / Mel Piehl; 9. The First Venture Capital Firm In Silicon Valley: Draper, Gaither & Anderson / Leslie Berlin; 10. Symbol Of Unity, Symbol Of Pluralism: The Interfaith Idea In Wartime And Cold War America / Wendy L. Wall; 11. Consorting With The Barbarians At The Gate: Mcgeorge Bundy, The Ford Foundation, And Student Activism In The Late 1960s / Julie A. Reuben -- Part Iv. Liberals And Conservatives: 12. Reflation And Recovery In The 1930s And Their Implication For The 2000s / Eric Rauchway; 13. Re-imagining Racial Liberalism / Mark Brilliant; 14. Freedom, Faith, Fear: A South Dakota Story / John T. Mcgreevy; 15. Barack Obama And Progressive Democracy / James T. Kloppenberg. Edited By Bruce J. Schulman. Includes Bibliographical References And Index. The twentieth century has been popularly seen as "the American Century," a long period in which the United States had amassed the economic resources, the political and military strength, and the moral prestige to assume global leadership. By century's end, the trajectory of American politics, the sense of ever waxing federal power, and the nation's place in the world seemed less assured. Americans of many stripes came to contest the standard narratives of nation building and international hegemony charted by generations of historians. In this volume, a group of distinguished U.S. historians confronts the teleological view of the inexorable transformation of the United States into a modern nation. The contributors analyze a host of ways in which local places were drawn into a wider polity and culture, while at the same time revealing how national and international structures and ideas created new kinds of local movements and local energies. Rather than seeing the century as a series of conflicts between liberalism and conservatism, they illustrate the ways in which each of these political forces shaped its efforts over the other's cumulative achievements, accommodating to shifts in government, social mores, and popular culture. They demonstrate that international connections have transformed domestic life in myriad ways and, in turn, that the American presence in the world has been shaped by its distinctive domestic political culture. Finally, they break down boundaries between the public and private sectors, showcasing the government's role in private life and how private organizations influenced national politics. Revisiting and revising many of the chestnuts of American political history, this volume challenges received wisdom about the twentieth-century American experience. This Title Provides An Outstanding Constitutional And Historical Account Of Alabama's Basic Governing Charter. In It, William H. Stewart Provides An Overview Of Important Developments Since 1819 Along With An In-depth, Section-by-section Analysis Of The Entire Constitution, Detailing The Many Significant Changes That Have Been Made Since Its Initial Drafting. Also Includes A Table Of Cases, Index, And Bibliography. The History Of The Alabama Constitution -- Preamble -- Article I. Declaration Of Rights -- Article Ii. State And County Boundaries (sections 37-41.01) -- Article Iii. Distribution Of Powers Of Government (sections 42-43.01) -- Article Iv. Legislative Department -- Article V. Executive Department -- Article Vi. Judicial Department -- Article Vii. Impeachments (sections 173, 175, 176) -- Article Viii. Suffrage And Elections -- Article Ix. Representation (sections 197-201) -- Article X. Exemptions (sections 204-210) -- Article Xi. Taxation And Finance (sections 211-213.37, 215-216.04, 217-219.09) -- Article Xii. Corporations -- Article Xiii. Banks And Banking (section 247) -- Article Xiv. Education -- Article Xv. Militia (sections 271-278) -- Article Xvi. Oath Of Office (section 279) -- Article Xvii. Miscellaneous Provisions (sections 280-282) -- Article Xviii. Mode Of Amending The Constitution (sections 284-287) -- Appendix. Explanations For Completely Excluded Sections And Amendments. William H. Stewart. Includes Bibliographical References (pages 249-253) And Index. At the same time, they reveal how national and international structures and ideas repeatedly create new kinds of local movements and local energies. The authors also challenge the tendency to view American politics as a series of conflicts between liberalism and conservatism, which Arthur Schlesinger, Sr. and Jr. codified as the idea that American national politics routinely experienced roughly fifteen year periods of liberal reform followed by similar intervals of conservative reaction. For generations, American political history remained the story of reform, the rise and fall, triumphs and setbacks of successive waves of reformers ... Jacksonian Democrats and abolitionists, Populists and Progressives, New Dealers and Great Society poverty warriors-and, recently, equally rich scholarship has explored the origins and development of American conservatism. The contributors do not treat the left and right as separate phenomena, as the dominant forces of different eras