Tuesday, March 18, 2014
Alabama Supreme Court Chief Justice Roy Moore and Justice Tom Parker issued advisory opinions to the state legislature last week that said that the legislature's article-by-article approach to amending the state constitution is unconstitutional.
The opinions came after the legislature began an organized effort in 2010 to rewrite the state's 1901 constitution. That constitution is widely considered an outdated relic crafted to perpetuate white supremacy in the state. (The document still contains provisions for a poll tax and segregated schools. It also sharply limits home rule for local governments--so that local governments dominated by African Americans couldn't gain political power. But that's part of why the document is now so long, and so amended: In order to get anything done at the local level, the state has to change the constitution.) It's also quite long: with over 800 amendments, it's the longest constitution in the United States, and one of the longest in the world.
The constitution allows for amendment by way of the state legislature and Alabama voters. It also allows for a constitutional convention if the legislature and voters agree to hold a constitutional convention. Several efforts to overhaul the entire document have failed, however.
So the Constitutional Revision Commission, a panel formed in 2011, began an article-by-article rewrite.
Chief Justice Moore's and Justice Parker's advisory opinions said that the article-by-article approach was an unconstitutional side-step around the requirement for a constitutional convention in order to change the whole document. Those opinions appear to have chilled the rewrite effort--at least temporarily.