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Thread: Alabama Constitution

  1. #1
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    Most of you may know this but if notits food for thought and I found it interesting and posted it. Ihope thats OK.I found it onWikipedia

    The Constitution of the State of Alabama is the basic governing document of the U.S. state of Alabama. It was adopted in 1901 and is the sixth constitution that the state has had.

    At 357,157 words (using Microsoft Word's word count feature), the document is 12 times longer than the average state constitution, 40 times longer than the U.S. Constitution, and is the longest still-operative constitution anywhere in the world (the Constitution of India, the longest national constitution, comes in at approximately 117,369 words).

    About 90 percent of the document's length, as of 2008, comes from its 798 amendments. Thus there is in fact one amendment less than the number of the final amendment, 799, as amendment 693 does not exist. About 70 percent of those amendments cover only a single county or city, and some deal with salaries of specific officials (e.g. Amendment 480 and the Greene County probate judge). This gives Alabama a large number of constitutional officers.

    The Preamble runs:


    We the people of the State of Alabama, invoking the favor and guidance of Almighty God, do ordain and establish the following Constitution.


    Notable features:

    The inordinate length is both because of and the cause of heavy centralization of government power in the state capital, Montgomery, leaving very little authority to local units. Counties cannot even legislate on local issues, requiring the state legislature, and ipso facto uninvolved parts of the state, to pass local laws.

    The constitution addresses many issues that are dealt with by statute in most other states. The most notable issue is taxation. Unlike most other states, a large portion of Alabama's tax code is written into the constitution. Besides prohibiting local governments from passing any ordinances on tax issues, this necessitates its amendment over minor taxation issues. This, along with the requirement that an amendment must be unanimously approved by the legislature or face a statewide vote, has resulted in local county or municipality related amendments being overwhelmingly approved, but ultimately rejected statewide


  2. #2
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    Detour,

    It's good that you are reading about the Alabama Constitution. The state constitutions are where the real protection of the citizens rests. The US
    Supreme court has stated many times that state constitutions should, and often do afford more protection to the people.


    Here's something to think about when considering your situation.

    Your rights under our constitution are enumerated in Article I, which is named the
    Declaration of Rights. Here's a link:

    http://www.harbornet.com/rights/alabama.txt


    Read carefully section 2 and section 4, and you will see why amendments are
    important to the citizens of Alabama. The last sentence in section 4 reads:

    Code:
    And, to guard against any encroachments on the rights herein retained, we declare that everything in this Declaration of Rights is excepted out of the general powers of government, and shall forever remain inviolate.

    Section 26 recognizes your right as a citizen to bear arms in defense of
    yourself. The way I read it, that right cannot be encroached without an
    amendment to our constitution where the people, not the government, speak.
    I know what the legislature and the judges have said, but our constitution
    says that any encroachments on your right to bear arms is a violation. IMO
    a law cannot restrict your right to bear arms. The people must decide those
    issues thru an amendment to the constitution for it to be valid. The people
    of this state are the source of all power in our government. But then what
    do I know, I'm just a citizen.


    Code:
    Sec. 2    That all political power is inherent in the people, and all  free
    governments are  founded on  their authority,  and instituted for
    their benefit;  and that,  therefore, they  have at  all times an
    inalienable and indefeasible right  to change their form  of gov-
    ernment in such manner as they may deem expedient."
    Code:
    Sec. 35   That the sole object and only legitimate end of government is  to
    protect the citizen in the  enjoyment of life, liberty, and  pro-
    perty,  and  when  the  government  assumes other functions it is
    usurpation and oppression."

  3. #3
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    Detour,

    Have your attorney look at Section 7. I would say that revoking a pistol license (assuming a pistol license requirement is constitutional) would be considered punishment in your case unless some other valid reason can be presented:

    Code:
    Sec. 7    That no person shall be accused or arrested, or detained,  except
    in cases ascertained by law, and according to the form which  the
    same  has  prescribed;  and  no  person  shall be punished but by
    virtue of a law established and promulgated prior to the  offense
    and legally applied.

  4. #4
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    ol_49er wrote:
    Detour,

    Have your attorney look at Section 7. I would say that revoking a pistol license (assuming a pistol license requirement is constitutional) would be considered punishment in your case unless some other valid reason can be presented:

    Code:
    Sec. 7 That no person shall be accused or arrested, or detained, except
    in cases ascertained by law, and according to the form which the
    same has prescribed; and no person shall be punished but by
    virtue of a law established and promulgated prior to the offense
    and legally applied.
    Thanks ol_49er for the post and yes I have all listed and had sent it to my Attorney on saturday in an email with some of the sections on it ....but thinks for posting it cause it shows Im not hte only one that is seeing those sections that way

    Thanks

  5. #5
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    ol_49er wrote:
    Detour,

    It's good that you are reading about the Alabama Constitution. The state constitutions are where the real protection of the citizens rests. The US
    Supreme court has stated many times that state constitutions should, and often do afford more protection to the people.


    Here's something to think about when considering your situation.

    Your rights under our constitution are enumerated in Article I, which is named the
    Declaration of Rights. Here's a link:

    http://www.harbornet.com/rights/alabama.txt


    Read carefully section 2 and section 4, and you will see why amendments are
    important to the citizens of Alabama. The last sentence in section 4 reads:

    Code:
    And, to guard against any encroachments on the rights herein retained, we declare that everything in this Declaration of Rights is excepted out of the general powers of government, and shall forever remain inviolate.

    Section 26 recognizes your right as a citizen to bear arms in defense of
    yourself. The way I read it, that right cannot be encroached without an
    amendment to our constitution where the people, not the government, speak.
    I know what the legislature and the judges have said, but our constitution
    says that any encroachments on your right to bear arms is a violation. IMO
    a law cannot restrict your right to bear arms. The people must decide those
    issues thru an amendment to the constitution for it to be valid. The people
    of this state are the source of all power in our government. But then what
    do I know, I'm just a citizen.


    Code:
    Sec. 2 That all political power is inherent in the people, and all free
    governments are founded on their authority, and instituted for
    their benefit; and that, therefore, they have at all times an
    inalienable and indefeasible right to change their form of gov-
    ernment in such manner as they may deem expedient."
    Code:
    Sec. 35 That the sole object and only legitimate end of government is to
    protect the citizen in the enjoyment of life, liberty, and pro-
    perty, and when the government assumes other functions it is
    usurpation and oppression."
    I have that link already In my favorites and I have already emailed my attorney concerning section 2, 4, 5, 26,on saturday but I did not put section 7, or 35 whichI will be sending to him tomorrow as they may also apply or help in the way he files his papers in court

    Thanks for posting them it may do some good in my case .

    I also think you are reading this as Iam and we are seeing it in the same light.

  6. #6
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    Remember that CC isn't considered a right by the constitution (State vs Reid)

  7. #7
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    kurtmax_0 wrote:
    Remember that CC isn't considered a right by the constitution (State vs Reid)
    Maybe I missed something some where , did someonesay that CCW was considered a right by the constitution or maybe I ammisunderstanding what you have wrote and please forgive me if I am

    I understandthat.but OC is a right hense (to bear arms ) or thats how I see it or understnad it to read even the U.S. constitution and the Alabama constitution say so to the best of my understanding..To tell you the truth I think if a person wants to ocw or ccw its his right reguardless but it sounds to me that the words to bear arms means in the open to me..

    But I think if one wants to ccw or ocwthat is fine by me as long as he legally possess it and owns it shouldnt be a permit to carry at all in my mind because a back ground check is down and will tell if you should even have a weapon or not if you have it legally.

    Oh well what do I know

    Alabama constitution

    SECTION 26

    Right to bear arms.
    That every citizen has a right to bear arms in defense of himself and the state.



    2nd amendment of the U.S Constitution

    A well regulated Militia being necessary to the security of a free
    State, the right of the people to keep and bear Arms shall not be
    infringed.


  8. #8
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    The reasoning of the Supreme Court is that carrying concealed is offensive in nature and carrying unconcealed is defensive in nature. Since section 26 talks about defense the Supreme Court has decided that carrying concealed can be regulated as it is not a 'right'.

  9. #9
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    kurtmax_0 wrote:
    The reasoning of the Supreme Court is that carrying concealed is offensive in nature and carrying unconcealed is defensive in nature. Since section 26 talks about defense the Supreme Court has decided that carrying concealed can be regulated as it is not a 'right'.

    Yeh but tosome LEO's Ocw is is alarming or could cause panic etc...etc... then the way they try and word things to get pople to think the way they do... Like well we are thinking of the public's safty and its bad for people to ocw and would get a lot of 10-32 ( man with a gun ) calls tieing up our officers that could be helping others.

    It dont matter what it is... they ( officals,city and county alike ) always put that spin on things if they want something to be in there favor... case in point... in one city here they wanted to vote the city wet saying oh the money made on alcohol sales will help the city , and the citizens and the city would NOT need or have to raise city taxes if you vote yes then you will be will helping build new schools repave streets and etc.. etc.. ( you know telling the citizens all the good stuff they want to hear)... Plus who wants to pay more taxes.. After weeks and weeks of spinning it.The vote isYES to alcohol....

    Well guess what???? Not long after the vote some how the schools need money and mainly forthe high school its falling apart and local officals say its dangerous and putting our kids at risk etc...etc.. ( do you see where they are going with this) and at the next election they want to put a school type tax on the ballot...( hummmm wheres the money going from the alcohol sales ) to help for the new school and new football stadium... again weks and weeks of radio and tv adds of how we need this tax and how it would help the schools etc...etc...Well the tax was voted down NO..

    The citizens voted No because they were told when they voted YES to alcohol thats where the money would go and there would be no need for any new taxes on the citizens....Well some city officals were sure it would have passed they were even on tv and the radio saying we are sure the fine people of this city will vote with there hearts and they want this new school and for there kids to be safe..

    The very next day of the NO to school tax vote... those same officals were saying how they dont know what happen and what the schools were going to do..We will have to make cuts some where the city just dont have the money ....Blah...Blah

    Well guess what happens???? Now the citizens have a new tag fee tax as they go up 25.00 per year if you are in the city limits of that town...the new schoolgot built and the new 1 million plus football stadium... yep over 1 million for a Da**football field.. The citizens and students IM sure really needed that...Dont get me wrong it is really nice but over 1 million for a High school football field..

    Albertville uses its $25 tag fee to pay a portion of the debt on the $36 million project to rebuild and renovate Albertville High School.


    My point here is most or some officalstry and play on your emotions to try and get what they want passed and if you dont vote in there favor as far as bills or taxes then they make everyone pay extra fees... even people who dont have any kids or ever had kids go to that high school . now has to pay that extra 25.00 to pay for the 36 million dollar school. I will post the local paper story on the cost and the fees cause now they want to make it county wide and have every one pay a extra 25.00 fee for a tag...( And they say times are hard...yeh and they are makeing them harder

    PLEASE READ This news artical::::

    Tag fee may go countywide



    By David Clemons
    The Reporter


    FIRST OF A TWO-PART SERIES

    Marshall County cities, and the County Commission, could follow Albertville’s lead in adding a $25 fee to the cost of a license plate.

    The proceeds would benefit education.

    Rep. Jeff McLaughlin, D-Guntersville, has proposed the bill. It has been advertised and can be considered when the Legislature begins its session on Feb. 3.

    The bill would allow the Boaz, Guntersville and Arab governments to implement the tag fee inside their city limits. The County Commission could institute the fee for people who live outside the limits of a city with its own school system.

    “That’s the same thing that was passed by Albertville (in 2007), and that bill was in for everybody last year and died on the last night in the Senate,” said Rep. Frank McDaniel, D-Albertville.

    McLaughlin noted that the bill only gives the local governments the option of implementing a fee at any amount up to $25.

    “What we realized is, especially in the economic times we’re in, all the school systems are hurting, and we’re looking at a lot of pressure on local funded teacher units, and really everything in the education budget,” McLaughlin said.

    “We thought, what worked in Albertville might as well be used by the other four systems in the county. I think it might have passed last year if not for the logjam in the Senate.”

    Albertville uses its $25 tag fee to pay a portion of the debt on the $36 million project to rebuild and renovate Albertville High School.

    McLaughlin said he only had a few calls from constituents on the issue last year, and the only call he had received up to Tuesday was from a reporter.

    “I think people recognize that we need to have a lot of local support for the schools,” he said. “I hate to see us issue another fee … but this seems to be one of those times where it’s going to be necessary.”

    McLaughlin said he wasn’t sure if each system would use it right away.

    “I know Guntersville told me they want to have the opportunity,” he said.

    He said systems last year were more reluctant to consider the fee, even though they were glad to have the opportunity.

    McDaniel noted that the bill proposed in 2008 did not include Boaz.

    “They have said this year they want to be included in that,” McDaniel said.

    As the bill is written, the governments could charge up to $25 a year on each motor vehicle registered. The fee would be paid at the same time the vehicle’s owner pays annual license and registration fees.

    As it did with the 2007 bill for Albertville, the Legislature’s bill gives an exemption on the new fee for anybody 65 or older on one vehicle.

    The bill says funds collected would go into a special fund “for any public school or education purpose” including capital projects, debt payments or any other use.

    Local bills typically pass uncontested through the Legislature unless members of a county’s delegation are in conflict about a potential law. The 2008 version of the car tag fee was one of many bills that died during a slowdown of Senate business in a two-year conflict over the organizational rules.



  10. #10
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    Kurt I know most of all that last post isnt about the ocw but I think it goes to show whether its about OCW orCCW or taxes or what ever that some officals will try and sell you on anything and then do other things to get even more..Tell one thing and then do something else...

    Where is all this money going we are taxed and taxed and pay fee after fee and and then they wont even protect our federal or state constitution..

    I thought maybe the last post yeh the long won maybe was a constitution thing

    Im sure you get my point or I hope some one does LOL....



  11. #11
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    Yes our schools need more money. See, we only have an above basic literacy rate in the US of ~50%. They just need more money to get that # higher. I mean they have only had 100 years now!

  12. #12
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    kurtmax_0 wrote:
    Yes our schools need more money. See, we only have an above basic literacy rate in the US of ~50%. They just need more money to get that # higher. I mean they have only had 100 years now!
    Yeh..... and Im sure that 36 million they spent on the school and over 1 million on the football field will help lol...

    I just dont see how or why they would even spend that kind of money on a football field to then turn around and say they need money for education....The field was already as good as a lot of fields in the state....but I guess In instead of remodeling the school and the football field they wanted a new one so it would look good and the heck with spending that36 plus millionon what they need to educate the students with.......They completly moved the football field across the street and made the old one a parking lot .....

    But anyway I know this has nothing to do with the ocw deal but in general I was bring it up based on the constitution and how governments or some of the officals in government can use the laws to get what they want done and have the people pay for it all with taxes,lose of rights and freedoms, by misuse of power , the play on the emotion of the public kind of thing etc...etc...

    Its not just the gun laws but they use the same kind of tactics to get what they want on a lot of things in other words....

    We are over taxed and over lawed lol......I know we need laws, so we willhave the groundsto or a way to punish those whoare doing wrongand that try to harm others and so on....butlaws and restrictions have never stopped a person hell bent on doing a bad deed if that person is set on doing it. If all laws worked we wouldnt need LEO...So why make it harder on lawful people who just want protection from that hell bent bad guy. LEO's can be every where all the time and 90% of the time LEO's are called to a crime after the fact. So who's job is it to protectme and my family at the point and time of a crime..I sure dont want totake a chance and see ifI am in that 10% when a LEO is around..

    Gun laws are passed they say to protect us but yet the bad guys keep getting them and the honest man has a hard time just trying to getone much less carry one and then to have to cover it up with a ccw permit and try and get tothat weaponwhen you might only have a split second....That bad guy isnt going to wait on you to get your weapon so it can be a fair fight..He will already most likely have his out and ready to do business. I dont think I should have to wait or try and guess what a man who is trying to harm me or my family or others, is going to do if that man has a weapon out and is trying to rob, hurt, kill or what ever. To me he lost his right to have rights if hes there to take away another persons freedom of being safe and and peaceful.

    I dont understand why some things are like they are, but I do know that the gun laws for the most part work against the lawful personwho is just wanting to protect him and his family and others from others who dont give a da** about any laws and will take your life over nothing....LOL and I have to worry about being lawful and getting a permit to only keep it hidden....Whats wrong with this picture?????

    I know.... here I go again.... I am fired up again so i will stop or there will be a 2 or 3 page post lol....

    Later kurt.... my ( B.I.A ) Brother In Arms





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