ALLIANCE FOR
CITIZENS RIGHTS 
ALLIANCE FOR
CITIZENS RIGHTS
MYTHS AND FACTS ABOUT THE ALABAMA CONSTITUTION
A NEW CONSTITUTIONAL CONVENTION?
By John Eidsmoe
A lot has been said recently about Alabama's 1901 Constitution. In order to separate myth from fact I have taken some of the most commonly held myths and listed facts concerning those myths. My goal is to enlighten the public about a subject that is becoming highly politicized.
MYTH: Alabama's Constitution is the nation's oldest.
FACT: New Hampshire's constitution was adopted in 1784, Vermont's in 1793. Many other state constitutions predate Alabama's : Ohio 1851, Iowa 1857, Oregon 1859, Pennsylvania 1874, Wyoming 1889, Idaho 1890, and Delaware 1897. Closer to home, Tennessee's constitution was adopted in 1870, Mississippi's in 1890.
MYTH: The 1901 Alabama Constitution was dominated by reactionary bourbon farmers.
FACT: The convention had 155 delegates, elected from every county in the state. They deliberated for 82 days, dividing into 21 subcommittees to consider various details. They included 2 ex-governors, 2 former Supreme Court justices, many former military officers including at least one general, and numerous others from various walks of life. They drew their vast experience, and upon their careful study of the constitutions of other states and other countries
MYTH: The Alabama Constitution is a segregationist document.
FACT: As one starts reading the Official Proceedings of the convention, one is shocked by the convention presidents speech endorsing white rule. But read the entire proceedings -- all 5,070 pages --- and the focus is on the nuts and bolts of effective government. Still, the Alabama Constitution did have racist provisions. But these have been repealed or invalidated by court decisions. Was the Alabama Constitution a segregationist document in 1901? Unfortunately, yes. Is it a segregationist document today? DEFINITELY NOT.
MYTH: The Alabama Constitution is unworkable because of its length and its many amendments.
FACT: The Constitution is long, but state constitutions in general tend to be longer and more specific than the U.S. Constitution. It has been amended more than 700 times, but most of these amendments relate to specific counties or cities and are of little concern to the rest of the state. We could streamline the Constitution by incorporating the general amendments into the main text, or by indexing the specific amendments alphabetically by counties. But the length and amendments are not as much a hindrance as the Constitution's detractors claim.
MYTH: The Alabama Constitution retards economic development
FACT: When is the last time a business refused to locate in Alabama because taxes are to low or there is too little government regulation?
MYTH: The new constitution is need for tax reform.
FACT: The issue is not tax reform, IT IS TAX INCREASE. Does anyone seriously believe that if property taxes go up, income and sales taxes will go down?
MYTH: A new constitution is needed to provide home rule.
FACT: There are two sides to the home rule issue. But, if we want home rule, we can provide for it by a simple constitutional amendment. We don’t need a new constitution to establish home rule.
MYTH: A convention is a safe way to write a new constitution.
FACT: We have no idea who would attend such a convention, how the delegates would be selected, who would lead it, by what rules they would proceed, what well-financed special interests would control them, or what kind of constitution they would devise. Alternatives do exist. Selective, well-chosen amendments are one alternative. The legislature's current effort to redraft the Constitution article by article is another. But let us think carefully before rushing into a new convention. This would gambling with Alabama's future.
John Eidsmoe is a retired Air Force Lt. Colonel and law professor at Faulkner State University. He has written numerous books and articles on the U.S. Constitution and other subjects
NOTE: See additional article by Col. Eidsmoe this section
"Opposition to new Alabama Constitutional convention" i.e. items in our constitution you may not know!
CLICK HERE TO RETURN TO THE HOME PAGE