Alabama voters adopted a revised and reorganized Constitution in 2022.
However, the “new” Constitution preserved the fundamental attitudes and mechanics of the previous Constitution.
Adopted in 1901, that constitution was designed for an agrarian state, strictly limiting government power to tax land. It forbade the state from engaging in “internal improvements” and disenfranchised blacks and poor whites. Some of those provisions were loosened through amendments over time. Others were found unconstitutional and struck down by the federal courts.
But one of the essential elements remains its concentration of power in the state government, the Legislature in particular.
Local governments were granted only the powers the Legislature or the Constitution explicitly permitted.
The ruling elite of the time looked with disdain at local government officials. Thomas L. Bulger of Dadeville, a delegate to the Constitutional Convention of 1901, expressed the prevailing attitude during the constitutional debates:
“No gentleman on this floor will contend that his Commissioners’ Court at home is more capable of legislating for the people of his county than the General Assembly, composed of 100 select men,” Bulger said.
And thus, to this day, a sizeable portion of the state Legislature’s business pertains to matters that are specific to particular counties or cities, not the state itself.
More than 35,000 local laws govern everything from local taxes to whether a sheriff’s deputy can keep his gun and badge upon retirement. Over time, in a confusing and convoluted process, the Constitution was amended over 1,000 times to meet the needs of modern life, swelling the document into the longest state constitution in the nation. It is believed to be the world’s longest constitution, and even with the 2022 reorganization, it will continue to grow.
The bulk of the state’s fundamental law is now made up of exceptions and exemptions to the general framework and principles a constitution is supposed to enumerate. Two-thirds of Alabama’s constitutional amendments apply to individual cities and counties. In effect, every county has its own version of the Constitution. And counties and cities still must ask the Legislature for the tools they need to manage basic affairs.
In many ways, though, the lack of home rule in Alabama reflects how Alabamians feel about government. They want limited government. They want limits on taxation. They do not trust governments to carry out their wishes. And they want to be left alone.
That is, until they demand that government step in and solve a problem. And, often, that requires a trip to Montgomery.
The balance of power and responsibility between state and local officials is an eternal struggle.
In the 1901 debates, Bulger was answered by John A. Rogers of Gainesville in Sumter County, who asked:
“Why is it that these people can select such fine representatives to the Legislature, and yet it is feared that they won’t be able to select satisfactory County Boards to handle these matters?”
Perhaps in the 21st century, it is time to revisit Roger’s thoughts and consider whether the same voters who elect Alabama legislators to enact state policy can be trusted to vote for local officials from their own communities who will reflect citizen wishes on local matters.
Read the full report here: The Government Closest to the People? The Statehouse, the Courthouse and City Hall.
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This report is one of a series of reports examining Alabama’s current constitutional framework, identifying remaining obstacles to a modern constitution and possible paths forward in areas such as education, economy, healthcare, democracy, liberty & justice, finances, and related areas.
The project is supported, in part, by the Alabama Citizens for Constitutional Reform (ACCR). Both ACCR and PARCA are nonpartisan organizations, and our members and supporters are Republicans, Democrats, and independents. Former Governor Albert Brewer and former Samford University President Thomas Corts, both deceased, were founding leaders in both organizations.
