I heard an interesting report on National Public Radio yesterday about the Alabama Constitution.
It's a long document that has been amended more than 700 times. By comparison, the U.S. Constitution has only been amended 27 times. Consider, though, that the Texas Constitution has been amended nearly 500 times.
This interview with a retired history professor at Auburn University touches on a number of things we've talked about, among them constitutions, government power and laws used to enforce racial segregation.
Click here to listen to the report. Be sure to click on the "Listen Now" link below the headline.
After you listen to the report, feel free to comment about it.
UPDATE:
And, here's an update from the story about the wrongfully convicted Timothy Cole. Click here to read about Cole's family visit to Lubbock and the apology from the prosecutor who tried the case against Cole 24 years ago. The prosecutor is now a district court judge.
26 comments:
Allen Reed TTH 9:30
Alabama definitely needs a new constitution. The example given by Flynt about different counties voting on each others landscaping displays how unnecessarily convoluted the current system is.
However, I do not believe Alabama will do anything other than add more amendments to their constitution.
I attended the University of Alabama for a few years and while I can't speak on the intricacies of the state's politics, I can say that the political climate is not a progressive or proactive one.
The word constitution in American society is synonymous with all that is holy. It might have been good for Alabama at the time, but their constitution is outdated. Constitutional reform is not a bad thing. In this example it is obviously a good and much needed thing.
Why stop with the Alabama constitution? Why not the US?
Kalli Wild
T/TH 12:30
It's obvious that Alabama needs a new state constitution. Some people might say it would be in poor taste to just toss out the old one and start from scratch, but it's the only logical option. Amending a document that's already had more than 700 amendments would be a headache and a huge waste of time. The lawmakers of Alabama need to adopt a "Less is more" attitude.
From what I got listening to the audio clip, the Alabama constitution sounds quite absurd. If the US Constitution has almost 26 times fewer amendments one can easily assume a state should be able to function just as well under shorter documentation. I'm sure it would be a tiring & lengthy process to scrap the constitution entirely, so why not cherry pick? One of the biggest concerns seemed to be about Alabama's tax system, so why not start there? Also, who exactly is Flynt suing? I'm curious to know what the rule in question is and if there's any precedent. That said, I'd rather have our 500x amended Texas Constitution than Alabama's...
Michelle -- great question. If you want to dig a little deeper, check out the complaint itself. You can download it here:
http://tinyurl.com/bwe23e
It lays out who the plaintiffs and defendants are, the facts, the issues and the relief they want. It makes for interesting reading.
I agree with Michelle that the Alabama Constitution is absurd. What I really don't get is that cities can not govern themselves. It seems ridiculous that a littering or parking ticket on one side of the state has to be dealt with in a completely different city or district.
I do think Alabama needs to scrap the constitution but I don't think they will... they will probably just add another amendment: "Amendment 700 - amendments 1-699 are void"
One word...wow! really Alabama? I totally agree with everyone in that they just need a new constitution...1901...2009 thats over a 100 years of serious change that has happened from the originally stated constitution. they really just need to shorten it and stop all the maddness
I'd have to jump on the bandwagon at this point and say that the whole thing is ridiculous. I've never been one to completely throw an idea out the window, but when it is so outdated and causes problems, it has to go.
I just read the story about Timothy Cole. I can't even imagine how that family must feel. Is there a reason why there wasn't a DNA test done sooner? It seems odd to me, especially in a case of rape, to not use DNA testing. If only he had seen this day.
I can imagine how the Alabama Constitution would be so long considering the process to amend and whether or not time should be spent amending laws that are not neccessary or are not enforced. In Texas we have a lot of really stupid laws, most in cities and towns, things like not needing a windshield, but required to have windshield wipers. That may not necessarily be valid, but it's laws along those lines that help add to the list of amendments. I wonder how well versed in laws law enforcement officers are?
I completely agree that Alabama's Constitution is way overdue to be completetly wiped out and started over. It is unbelievevable that it is 40 times longer than the US Constitution and the longest one in the world. Alot has obviously gone wrong over the years and Alabama needs a completely fresh start to revamp their state. It would be more up to date with the times and as a result people would respect it more.
MW-2
There has been a lot of change in the past 100 years, and there is definitely a need for change to the Alabama’s constitution. Of course, this is easier said than done but nevertheless, the people of Alabama can’t be treated fairly under these amendments. In my opinion, the delay in this process may have to do a lot with the fact that Alabama is one of those Bible Belt states. Not so much driven by religion, as to the fact that people in these south eastern areas think differently from the rest of the country. I think to a certain extent, we have to respect their cultural differences. I was raised in South Carolina (another Bible Belt state) and there are many laws that I feel should be updated. However, I highly doubt they will be because of the fact that the people responsible for these actions are a lot older and are from a different time period. Heck, I went to Ebenezer Middle School, where at the front entrance, a plaque that reads “All Colored School,” is still proudly presented on the wall. I remember having to raise my hand for other (are you black, white or other), everyday for attendance. I didn’t think this was at all appropriate, but I have realized as a military brat that culture has a significant impact on the way a state or country is ran. Even if there are laws to prohibit certain actions, small towns may not even acknowledge them because they are so stuck in their ways.
The fact that a constitution like this still exists is not only absurd but completely insulting. At some point, you have to pull the plug and start from scratch in order to properly serve the citizens of the state.
I was browsing around and found this site: www.constitutionalreform.org
Matthew Champion
T/Th 12:30
All I can say is 'Fuck the Constitution.'
It needs to be thrown out and replaced with a clear, concise version.
I really just think this is a matter of laziness on Alabama's part. Any person in their right mind who knows about the amendments that Flynt listed would reject them immediately.
This is just like the DMV. You have to wade through all the bullshit to get what you want. A sad but true fact is that governmental operations often waste time, waste resources, and can't get their work done. And that's why the segregation laws have been in Alabama's constitution for 100 years. Pathetic!
Here's a simple solution. Alabama should review the constitution yearly to make sure that its parts are legitimate. However, it would probably take them the entire year to peruse the document.
I'm just so sickened by this stuff. :(
I'm shocked that someone didn't make the decision to sue earlier. A Constitution of this length and irrelevance just promotes lawless action. An ordinary citizen in Alabama would have to read for days just to know what their rights are!
I'm interested to see how this case turns out.
T-TH 12:30
Amy Lane
Michelle Mallin should be in Jail!
She testified under oath, knowing that Tim Cole was not the man, she lied. This would be a terrible thing for the Cole family to have to live trough. I just joined the Faebook group called 'Clear the name of Timothy Cole!'
Check it out, I think its a good way to show your sense of the case.
As far as the Alabama Constitution goes, I can understand why there's a large group wanting to sue. In fact, I'm surprised these facts haven't been brought up before now. I wonder how far up the case will go - maybe it will make it all the way to the Supreme Court?
And as far as the trial goes, I'm glad Cole is in the process of getting his name cleared. What I don't get is the fact that Johnson's attempts were ignored when he admitted to the rape.
Jennifer Trayan
T-Th 12:30
The Alabama Constitution needs to redone, no doubt. There was a major movement around the time Don Siegleman was elected about 1999 maybe...fizzled out with his attempts to get a lottery (God said don't do that)
I was a wee little jr high student back then. I'm sure it might be the oldest state consitution extremely racist document...I think the inter-racial marriage was just overturned.
The legislature is always to busy punching each other or fighting to accomplish anything. Most Alabamians know this...lot of old money still involved.
Always interesting to see what Texans are talking about.
Sajen Claxton Hernandez MW 2
Wow. That's kind of funny. I remember hearing back in high school about some crazy Texas laws that are still in writinig today (ex: death by hanging). I this sor of reminds me of that. Some of the things that were mentioned are so old fashioned that they don't seem to have relevance for today. A re-write may do some good, though I can see how that can be a difficult thing to do. I like the idea of the federal govt having less/simplier restrictions than the states. As you get more narrowed down, it seems important to go into detail further and further, but the detail in Alabama's constitution definitely needs some fixing.
Lauren Miller - 9:30a.m.
The audio clip that I listened to stated that the Alabama Constitution has been amended around 100 times! Those numbers are crazy because the United States constitution has hardly been amended.
So should they come up with a new constituion? Absolutely. There is obviously some serious problems with it if has been amended that many times.
This may be extremely time consuming but is much overdue.
I agree completely with most of the comments. I mean I have to admit I'm not even that in to politics. I don't even know that much about my own state's constitution. It gives me a headache trying to figure out things. I can't even imagine going through this constitution. The mere fact that it's bigger than the NATIONAL constitution seems like a tiny clue (dripping with sarcasm) that should indicate that maybe a new one needs to be drawn up. In other words it should obviously be back to the drawing board for Alabama.
Amending a constitution 500 or 700 times in the cases of Texas and Alabama respectively is by far not an ideal governmental situation. Lawmakers run amok with power will find a way to create all types of legeslation if possible. Amendments to a state's constitution should be held for truly necessary change, not the whims of a certain session to please voters. This type of over use of amendments makes a states constitution seem like a city council is in charge of the state and is passing laws based on each person that speaks before them to please their wishes.
John Seidner
T-Th 9:30am-10:50am
Jessica Elmore T/Th 9:30
I think it's obvious that Alabama desperately needs a new constitution. When one single states constitution has more amendments than our nations constitution..something is clearly wrong. They need to start all over.
I thought that it was very amusing to hear what was actually in the Alabama constitution. Just listening to some of the things brought up by Wayne Flynt, it is obvious that it is time for Alabama to start from scratch. 700 is an extreme number and I think that starting over will be beneficial to the entire state.
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