Monday, July 1, 2013

Alabama Constitutional Revision Commission to Recommend Deleting Segregationist Language

The Alabama Constitutional Revision Commission is considering a proposal to rewrite a section of the state constitution that allows racially segregated schools.  The provision is an embarrassment (to say the very least), but state voters can't seem to vote it out of the state constitution.  (Voters failed to strike it twice in the last 10 years.  The latest vote, in 2012, likely failed because some argued that the amendment didn't go far enough--because it wouldn't have repealed the provision saying that there's no constitutional right to a public education.)

This, the week after the Supreme Court struck the coverage formula for the preclearance provision in the Voting Rights Act--a case brought by Alabama's own Shelby County.

The provision, Section 256, as amended by Amendment 111, approved by voters in 1956, reads:

It is the policy of the state of Alabama to foster and promote the education of its citizens in a manner and extent consistent with its available resources, and the willingness and ability of the individual student, but nothing in this Constitution shall be construed as creating or recognizing any right to education or training at public expense . . . .

To avoid confusion and disorder and to promote effective and economical planning for education, the legislature may authorize the parents or guardians of minors, who desire that such minors shall attend schools provided for their own race, to make election to that end, such election to be effective for such period and to such extent as the legislature may provide.

The Commission today considered a new Section 256, deleting the reference to segregated schools and the lack of right to education, and stating simply that "The legislature shall establish, organize and maintain a system of public schools throughout the state for the benefit of children thereof."  But the Commission couldn't agree on final language and sent the revision to a subcommittee.

The Commission also rejected a provision that would have provided a stronger veto for the governor.  (The legislature can currently override a veto with a bare majority in both houses.  The proposal would have required a 3/5 vote in both houses.)

SDS

 

 

http://lawprofessors.typepad.com/conlaw/2013/07/alabama-constitutional-revision-commission-to-recommend-deleting-segregationist-language.html

Comparative Constitutionalism, Equal Protection, Executive Authority, Federalism, Fourteenth Amendment, News, Separation of Powers | Permalink

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