Cecily Zamora
Alabama's law is a complex interplay of state and federal legislation, with residents subject to both Alabama state law and US federal law. The Alabama Constitution, currently the longest active constitution in the world, outlines the state's legal framework, including executive, legislative, and judicial powers. Alabama's legal history is marked by several constitutions, with the current version being the seventh, adopted in 2022 as a recodification of the 1901 constitution. This latest iteration removed racist language and reorganised the document, yet traces of its discriminatory past remain, highlighting the enduring challenge of ensuring Alabama's law aligns with constitutional principles.
| Characteristics | Values |
|---|---|
| Date of adoption | November 28, 2022 |
| Previous constitutions | 1819, 1861, 1865, 1868, 1875, 1901 |
| Length | 369,380 words |
| Amendments | Over 700 |
| Length compared to other constitutions | Longest active constitution in the world |
| Length compared to U.S. Constitution | 40 times longer |
| Length compared to second-longest | More than two-and-a-half times longer |
| Executive power | Vested in the Governor of Alabama |
| Legislative power | Vested in the Alabama State Legislature |
| Judicial power | Vested in the Judiciary of Alabama |
| Local government powers | Stripped in 1901 |
| Racist language | Removed in 2022 |
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What You'll Learn
Alabama's seven constitutions
Alabama has had seven constitutions to date, with the current one being adopted on November 28, 2022. This most recent constitution is a recompilation of the Alabama Constitution of 1901, which was established under the Jim Crow laws.
The first three constitutions, ratified in 1819, 1861, and 1865, were established at constitutional conventions, reflecting Alabama's emergence as a new state and the circumstances of the Civil War. The 1865 constitution was followed by two more in quick succession, in 1868 and 1875, as the state underwent Reconstruction. The sixth constitution was established in 1901, and the seventh and current constitution was ratified in 2022.
Despite amendments and updates, Alabama's constitution still reflects its discriminatory past. It is the nation's longest and most complex state constitution, with an estimated 369,380 words. The document defines a tripartite government, with executive power vested in the Governor of Alabama, legislative power in the Alabama State Legislature, and judicial power in the state's judiciary.
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Alabama's longest constitution
Alabama's constitution is the longest active written constitution in the world, with 369,380 words. It is more than two-and-a-half times the length of the second-longest written constitution, the English-language version of the Constitution of India. Alabama's constitution has had a long and complex history, with seven constitutions to date, all but the current one established via state conventions.
The first Alabama constitution was established in 1819, which converted the Alabama Territory into a state. This was followed by constitutions in 1861 (Secession), 1865 (Reconstruction), 1868 (Reconstruction), 1875 (ending Reconstruction), and 1901 (Jim Crow). The current Alabama Constitution, adopted in 2022, is a recompilation of the 1901 version.
The length of Alabama's constitution is due in part to its numerous amendments, which cover a wide range of topics, from mosquito control to the right to bear arms. The constitution also includes many local amendments, which some argue has created confusion about responsibility and blurred the lines of accountability.
Despite efforts for constitutional reform, the issue of granting local governments more independence has proven challenging. The heavy involvement of state legislators in local affairs has also interfered with the development of a culture of statewide planning and policymaking.
The Alabama Constitution defines a tripartite government organized under a presidential system, with executive power vested in the Governor, legislative power in the Alabama State Legislature, and judicial power in the Judiciary.
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Alabama's racist past
Alabama has had a long and troubled history with racism. The state has been governed under seven constitutions, with the 1901 constitution remaining in effect longer than its five predecessors combined. This document has been described as "specifically designed to maintain the antebellum system of white supremacy". It contained overtly racist language, including Section 102 of Article IV, which forbade "marriage between any white person and a Negro, or descendant of a negro".
Despite the constitution being amended in 2019 and a new version being ratified in 2022, critics argue that it was derived largely from the 1901 document, and therefore the vestiges of Alabama's discriminatory foundations remain. One critic, Houston, who authored Melof, stated:
> We cannot change history. Alabama in 1901 was Alabama in 1901. However, Alabama will be remiss if it enters too far into the new century with a constitution having as its main purpose to establish a segregated society and to legalize inequality.
Indeed, Alabama has had an extreme and public reckoning with race during the Civil Rights Movement, and the state continues to struggle with racism. While some residents make an effort to shrug off that reputation, racism persists, and some argue it is more overt in Alabama than in other states.
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Alabama's tripartite government
The Alabama Constitution, like all other state constitutions, defines a tripartite government organised under a presidential system. Executive power is vested in the Governor of Alabama, Kay Ivey, who is a Republican. Legislative power is vested in the Alabama State Legislature, which is bicameral, consisting of the Alabama House of Representatives and the Alabama Senate. The Republican Party holds the majority in both chambers. Judicial power is vested in the Judiciary of Alabama.
The current Alabama Constitution is a recompilation of the Alabama Constitution of 1901, which was ratified on November 21, 1901, and came into effect on November 28, 1901. The current version was adopted on November 28, 2022, and is Alabama's seventh constitution. The recompilation had five objectives, including arranging the constitution in proper articles, parts, and sections, and removing all racist language. An example of racist language that was removed was Section 102 of Article IV, which forbade "marriage between any white person and a Negro, or descendant of a negro". Despite the recompilation and removal of obsolete, duplicative, and overtly racist provisions, the Alabama Constitution is still the longest in America at an estimated 369,380 words.
Alabama has had seven constitutions to date, all but the current one established via State Conventions. The previous constitutions were established in 1819 (converting Alabama Territory into a State), 1861 (Secession), 1865 (Reconstruction), 1868 (Reconstruction), 1875 (ending Reconstruction), and 1901 (Jim Crow).
Professors of Political Science Gerald Gamm and Thad Kousser, from the University of Rochester and University of California San Diego, respectively, claim that states with competitive party systems spend more on education, health, and transportation. They base this on a study of each state's party competitiveness from 1880 (or year of statehood) to 2010.
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Alabama's federal laws
Alabama residents are subject to Alabama state laws and US federal laws. The US Constitution is the supreme law of the US, and federal laws include statutes periodically codified in the US Code, decisions by courts that interpret federal laws, and regulations issued by federal administrative agencies to implement federal laws.
Alabama has its own state constitution, which is the longest currently effective constitution in the world. Alabama has had seven constitutions to date, all but the current one established via State Conventions. The current Alabama Constitution is a recompilation of the Alabama Constitution of 1901, which was described as "specifically designed to maintain the antebellum system of white supremacy." The 1901 Constitution remained in effect for over a century, and by 2009, it had been amended more than 700 times and was 40 times longer than the US Constitution. In 2020, Alabama voters approved a constitutional amendment authorizing the legislature to prepare a new version of the state constitution. The new constitution was ratified on November 8, 2022, and proclaimed to be in effect on November 28, 2022, by Governor Kay Ivey.
The Alabama Constitution, like all other state constitutions, defines a tripartite government organized under a presidential system. Executive power is vested in the Governor of Alabama, legislative power in the Alabama State Legislature, and judicial power in the Judiciary of Alabama. The Alabama Court of Civil Appeals and the Alabama Court of Criminal Appeals are two state appellate courts. There are also three federal district courts in Alabama: the Northern, Middle, and Southern District Courts. The Eleventh Circuit Court of Appeals holds the authority to review decisions by federal district courts in Alabama. Sometimes, the US Supreme Court may review a case that has been appealed from the Eleventh Circuit or the Alabama Supreme Court.
Alabama's Declaration of Rights parallels principles established by the US Constitution, including the right to free exercise of religion, the prohibition against establishing a state religion, the right to free speech and press liberty, the prohibition against unreasonable searches and seizures, the right to a speedy criminal trial, the right to trial by jury, and the right to bear arms.
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Frequently asked questions
The Alabama Constitution is the state constitution of the U.S. state of Alabama. It was adopted on November 28, 2022, as a recompilation of the Alabama Constitution of 1901.
The Alabama Constitution of 1901 was described as "specifically designed to maintain the antebellum system of white supremacy". It was in effect for over a century and was amended more than 700 times.
The new Alabama Constitution was derived from the 1901 document but had five objectives: arranging it in proper articles, parts, and sections; removing racist language; and removing obsolete, duplicative, and overtly racist provisions.
Examples of racist language removed include Section 102 of Article IV of the former Constitution, which forbade "marriage between any white person and a Negro, or descendant of a negro".
Alabama residents are subject to Alabama state laws and U.S. federal laws. Federal laws include statutes codified in the U.S. Code, decisions by courts that interpret federal laws, and regulations issued by federal administrative agencies.
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