Area lawmaker's bill wants state constitution analyzed

 


Resolution would ask Alabama Law Institute to study amendments

By LARANDA NICHOLS
Times Staff Writer

ALBERTVILLE - State Rep. Frank McDaniel, D-Albertville, wants an analysis of the state constitution before a new one is written.

McDaniel introduced a resolution in the Legislature this week urging the Alabama Law Institute to analyze the amendments to the constitution and recommend to the Legislature a procedure for revising and consolidating it.

The Legislature created the institute in 1967 to help it clarify and simplify state laws, revise out-of-date laws and fill in gaps that create legal confusion. The institute is in Tuscaloosa in the Law Center Building at the University of Alabama.

The resolution passed the House Tuesday and the institute has indicated it is eager to work on it, McDaniel said.

The legislator, who said he supports a new constitution, said a close look at the document shows ''a large number of the current 703 amendments deal with local issues and home rule.''

''I suspect that as many as 30 to 40 amendments deal with single issues over and over again,'' McDaniel said. ''There are also amendments which have been superseded by court decisions.''

The resolution calls for the institute to look at the amendments with ''a view toward revising and consolidating, where possible'' and categorize the amendments to identify those voided by the courts, and those that are antiquated, unnecessary or duplicates.

The purpose of the analysis, McDaniel said, would be to educate the public about the problems in the constitution, provide the Legislature with guidance for revision and identify the goals of a new constitution.

The institute would be asked to submit the report to the Legislature by the third day of its 2002 regular session.

© The Huntsville Times

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