Throwing out 200 years of Constitutional Law
Some constitutional rewrite opponents say a constitutional
convention is the best way to rewrite the Alabama Constitution. Newspapers across Alabama are drumming up support
to change a state constitution with relatively few problems.
Rep. Jack Venable does not want to wait for a Constitution Convention. Venable wants to rewrite Alabama's Declaration
of Rights, better known as Article I of the Alabama Constitution and has submitted House Bill 45.
Article I is the single most important piece of the Alabama Constitution and is comparable to our federally mandated
Bill of Rights. Venable wants the state legislature to throw out the entire Article I and replace it with severely
limited rights for Alabama citizens.
Presently Article I of the Alabama Constitution contains 36 Sections. Under Venable's proposal the new Article
I will contain only 20 sections. What important rights does Venable seek to erase from the people's Declaration
of Rights?
Venable's proposal to throw out 200 years of constitutional law is risky business and will forever destroy Alabama
citizen's right and ability to govern themselves. Vote no on HB 45.
Previous
changes in the Declaration of Rights
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REPRESENTATIVE JACK B. VENABLE (D)
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31st District, (Coosa, Elmore)
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State House: Room 519-C
11 S. Union Street
Montgomery, AL 36130
(334) 242-7674 District: Post Office Box 780730
Tallassee, AL 36078
Work Phone: (334) 283-6568 Home Phone: (334) 283-2848
Rep(s). By Representative Venable
HB45
Article I of the Constitution of Alabama of 1901, provides for the Declaration of Rights. This bill would propose
a constitutional amendment to repeal current Article I and provide for a revised Article I which generally rephrases
and recasts various current provisions. The proposed revision would alter the current due process clause to adopt
the phraseology of the United States Constitution, with its substantive as well as procedural applications. The
proposed revision would incorporate into Article I the current state constitutional provision relating to the dispensing
with a grand jury in certain instances. The proposed revision would include an equal protection clause, which is
not currently included in the constitution. The proposed revision would eliminate certain criminal venue provisions
and provide that the Legislature may provide by law for a change of venue on motion of the state or the defendant.
The proposed revision would allow courts to dispense with bail if reasonably satisfied the defendant will appear.
The proposed revision would include a provision requiring jury trials in all cases where imprisonment for more
than six months may be imposed and would provide for jury qualification and composition. The proposed revision
would also revise the current eminent domain provision to provide to property owners the right to collect certain
consequential damages from the state. The proposed revision would also incorporate into Article I current constitutional
amendments relating to the basic rights of crime victims and the rights of sportspersons. The proposed revision
would delete various current provisions considered unnecessary for inclusion in the article including provisions
providing that the people are the source of power; accusation, arrest and detention, and punishment limited to
laws established prior to the offense; prosecution for libel or for publication of certain papers; bills of attainder
of treason by the Legislature; navigable waters; quartering soldiers in houses; titles of nobility and restriction
of appointments to office; immigration; residence not forfeited by temporary absence from state; prohibition of
slavery; protection of suffrage; property rights of aliens; objective of government; and the construction of the
Declaration of Rights. The proposed revision would repeal current Article I and current constitutional amendments
which have been incorporated into the new article relating to the rights of crime victims and sportspersons, and
grand jury proceedings.
A BILL
TO BE ENTITLED
AN ACT
Proposing an amendment to the Constitution of Alabama of 1901, to provide for a revised Article I relating to the
Declaration of Rights, including provisions concerning due process, grand jury proceedings, equal protection, criminal
venue, dispensing with bail, jury trials, eminent domain, and rights of crime victims and sportspersons; to repeal
current Article I and Constitutional Amendments 37, 557, 597, and 598 which are incorporated into the revised article.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The following amendment to the Constitution of Alabama of 1901, as amended, is proposed and shall become
valid as a part thereof when approved by a majority of the qualified electors voting thereon and in accordance
with Sections 284, 285, and 287 of the Constitution of Alabama of 1901, as amended:
PROPOSED AMENDMENT
Article I of the Constitution of Alabama of 1901, is repealed and the following Article I is adopted:
ARTICLE I
Declaration of Rights
Section 1.01. The Equality and Rights of All Men and Women.
All men and women are equally free and independent: they are endowed by their Creator with certain inalienable
rights: among these are life, liberty, and the pursuit of happiness.
Section 1.02. Freedoms of Religion, Speech, Press, Assembly, and Petition.
No law shall be enacted respecting an establishment of religion or prohibiting the free exercise thereof, or abridging
the freedom of speech or of the press, or the right of the people peaceably to assemble and to petition the government
for redress of grievance.
Section 1.03. Due Process and Equal Protection.
No person shall be deprived of life, liberty, or property without due process of law, nor be denied the equal protection
of the laws.
Section 1.04. Searches and Seizures.
The people shall be secure in their persons, houses, papers, and possessions from unreasonable seizure or searches,
and no warrants shall be issued to search any place or to seize any person or thing without probable cause, supported
by oath or affirmation.
Section 1.05. Rights of an Accused.
(a) In general. In all criminal prosecutions the accused has a right: To be heard personally and by counsel, or
either; to be informed of the accusation, and to have a copy thereof; to be confronted by the witnesses against
him or her; to have compulsory process for obtaining witnesses in his or her favor; to have a speedy, public trial;
to testify in all cases, on his or her own behalf, if he or she elects to do so; and to not be compelled to give
evidence against himself or herself.
(b) Indictment. No person shall for any indictable offense be proceeded against criminally by information, except
in cases arising in the militia and volunteer forces when in actual service, or when assembled under arms as a
military organization, or, by leave of the court, for misfeasance, misdemeanor, extortion, and oppression in office,
otherwise than is provided in the Constitution. In cases of misdemeanor, the Legislature may by law dispense with
a grand jury and authorize prosecutions and proceedings before any inferior courts as may be by law established.
In all felony cases, except those punishable by capital punishment, the Legislature may by law dispense with a
grand jury and authorize prosecutions and proceedings in any manner as may be provided by law if the defendant,
after having had the advice of counsel of his or her choice or in the event he or she is unable to employ counsel,
the advice of counsel which shall be appointed by the court, makes known in open court to a judge of a court having
jurisdiction of the offense that he or she desires to plead guilty.
(c) Bail. Excessive bail shall not be required and all persons before conviction shall be bailable by sufficient
sureties, except for offenses punishable by death or life imprisonment in which the proof is evident or the presumption
great. The court may dispense with bail and prescribe other reasonable conditions for release pending trial, if
reasonably satisfied that the defendant will appear when directed.
(d) Trial by Jury. A right of trial by an impartial jury of the county or district in which the offense was committed
shall exist in all cases of felony and offenses punishable by imprisonment for more than six months, provided the
Legislature may provide for a change of venue on motion of the state or the defendant. The accused may expressly
waive the right to trail trial by jury with the consent of the state and the court.
(e) Punishment. Excessive fines shall not be imposed, nor cruel or unusual punishment inflicted.
(f) Former Jeopardy. No person, for the same offense, shall be twice put in jeopardy of conviction; but courts,
for reasons fixed by law, may discharge juries from consideration of any case, and no person shall gain an advantage
by reason of such discharge of the jury.
Section 1.06. Rights of Crime Victims.
(a) Crime victims, as defined by law, or their lawful representatives, including the next of kin of homicide victims,
are entitled to the right to be informed, to be present, and to be heard when authorized, at all crucial stages
of criminal proceedings, to the extent that these rights do not interfere with the constitutional rights of the
person accused of committing the crime.
(b) Nothing in this section or in any enabling statute adopted pursuant to this section shall be construed as creating
a cause of action against the state or any of its agencies, officials, employees, or political subdivisions. The
Legislature may from time to time enact enabling legislation to carry out and implement this section.
Section 1.07. Right to Trial By Jury.
The right of trial by jury shall remain inviolate. In both civil and criminal cases, qualifications of jurors shall
be fixed by law. In criminal cases, trial by jury shall be by 12 jurors. In civil cases, trial by jury shall be
by 12 jurors unless all parties agree to a lesser number which shall not be fewer than six jurors.
Section 1.08. Habeas Corpus.
The privilege of the writ of habeas corpus shall not be suspended.
Section 1.09. Imprisonment for Debt.
No person shall be imprisoned for debt.
Section 1.10. Treason.
Treason against the state shall consist only in levying war against it, or adhering to its enemies, giving them
aid and comfort; and no person shall be convicted of treason, except on the testimony of two witnesses to the same
overt act, or upon the person's confession in open court.
Section 1.11. Civil Actions.
(1) No person shall be barred from prosecuting or defending before any tribunal in this state, personally or by
counsel, any civil cause to which the person is a party.
(2) All courts shall be open; and every person, for any injury done personally or to the lands, goods, person,
or reputation of the person; shall have a remedy by due process of law, and right and justice shall be administered
without sale, denial, or delay.
Section 1.12. Right to Sue the State.
The State of Alabama shall never be made a defendant in any court of law or equity.
Section 1.13. Right to Bear Arms.
Every citizen has a right to bear arms in defense of himself or herself and the state.
Section 1.14. Rights of Sportspersons.
All persons shall have the right to hunt and fish in this state in accordance with law and regulations.
Section 1.15. Forbidden Legislation.
No ex post facto law, nor any law impairing the obligations of contracts, or making any irrevocable or exclusive
grants of special privileges or immunities, shall be passed by the Legislature; and every grant or franchise, privilege,
or immunity shall forever remain subject to revocation, alteration, or amendment.
Section 1.16 Eminent Domain.
Private property shall not be taken or damaged except for public use, or to secure to persons or corporations the
right of way over the lands of others pursuant to general law, and unless just compensation is first made therefor.
Section 1.17. Suspension of Laws.
No power of suspending laws shall be exercised except by the Legislature.
Section 1.18 Subordination of Military Power.
The military shall be held in strict subordination to the civil power.
Section 1.19. Declaration of Rights.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained
by the people, and they shall at all times have the right to change their form of government as they deem expedient.
Section 1.20. The boundaries of the state and its counties, and the location of county courthouses, as they now
exist, are hereby ratified and confirmed.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained
by the people, and they shall at all times have the right to change their form of government as they deem expedient.
Amendments 37, 557, 597, and 598 of the Constitution of Alabama of 1901, are repealed.
Section 2. An election upon the proposed amendment shall be held in accordance with Sections 284 and 285 of the
Constitution of Alabama of 1901, as amended, and the election laws of this state.
Section 3. The appropriate election official shall assign a ballot number for the proposed constitutional amendment
on the election ballot and shall set forth the following description of the substance or subject matter of the
proposed constitutional amendment: "Proposing an amendment to the Constitution of Alabama of 1901, to provide
for a revised Article I relating to the Declaration of Rights and to repeal the current Article I and Amendments
37, 557, 597, and 598 of the Constitution of Alabama of 1901, which have been incorporated into the revised article.
Proposed by Act ________."
This description shall be followed by the following language: "Yes ( ) No ( )."
Constitutional Amendments
Constitution of Alabama
Legislature
Civil Procedure
Criminal Law and Procedure
Declaration of Rights
