Malcolm Rivera
Alabama's Constitution, written in 1901, has been the subject of intense debate due to its racist language and intent to uphold white supremacy. Despite the official repeal of racist provisions through amendments and court rulings, the document still contains offensive sections on race, including references to school segregation and poll taxes. In recent years, there have been efforts to remove racist language from the constitution, with voters approving amendments to eliminate these vestiges of the Jim Crow era. However, some have opposed these changes, arguing that they are merely symbolic. The ongoing debate highlights the complex history of racism in Alabama and the challenges faced in striving for a more inclusive future.
| Characteristics | Values |
|---|---|
| Ban on interracial marriage | "The legislature shall never pass any law to authorize or legalize any marriage between any white person and a negro, or descendant of a negro" |
| School segregation | "Separate schools shall be provided for white and colored children, and no child of either race shall be permitted to attend a school of the other race." |
| Poll taxes | References to poll taxes |
| Involuntary servitude | "No form of slavery shall exist in this state and there shall not be any involuntary servitude otherwise than for the punishment of crime of which the party shall have been duly convicted." |
| Convict-lease system | The convict-lease system led to generations of Black men being forced into labor |
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What You'll Learn
Alabama's ban on interracial marriage
> "The legislature shall never pass any law to authorize or legalize any marriage between any white person and a negro, or descendant of a negro".
Interracial marriage had been legal in Alabama since 1967, when the United States Supreme Court struck down Virginia's anti-miscegenation laws in Loving v. Virginia. However, Alabama's Constitution still officially prohibited interracial marriage, even though it had no legal force.
In 2000, Alabama Amendment 2, also known as the Alabama Interracial Marriage Amendment, was proposed to remove the state's ban on interracial marriage. The amendment was approved with 59.5% voting in favour, although 25 of Alabama's 67 counties voted against it. This amendment was a symbolic gesture, as interracial marriage had already been legalised nationwide 33 years earlier.
The effort to remove racist language from Alabama's Constitution has been ongoing for several years, with voters approving the recompilation project in 2020. The Alabama Legislature has also taken steps to remove racist language from the state constitution, with the Alabama Senate passing some important changes that will be put to a vote in November 2022. These changes include eliminating references to poll taxes, school segregation, and involuntary servitude.
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School segregation
The Alabama Constitution, written in 1901, contains racist language regarding school segregation, stating that "separate schools shall be provided for white and colored children, and no child of either race shall be permitted to attend a school of the other race." This language was designed to uphold a system of white supremacy and has been ruled unconstitutional by federal courts.
The constitution's authors, 155 white men, explicitly intended to "'eliminate the ignorant negro vote' and maintain a government controlled by whites. The document's racist language includes provisions for school segregation, with separate schools for white and Black children, effectively barring children of different races from attending school together. This language has been used to justify racist policies and practices, such as the denial of equal educational opportunities for Black students.
The Alabama Constitution's racist language on school segregation has been a source of controversy and has faced numerous legal challenges over the years. In 1954, the U.S. Supreme Court ruled that segregated schools were unconstitutional, yet Alabama adopted Constitutional Amendment 111, allowing parents to opt for their children to "'attend schools provided for their own race.'" This amendment was a direct challenge to the Supreme Court's decision and an attempt to circumvent federal law.
In recent years, there have been efforts to remove racist language from the Alabama Constitution. In 2020, Alabama voters approved Amendment 951, authorizing the recompilation of the Constitution to eliminate racist and duplicative language. The Alabama House of Representatives also approved a measure in 2022 to allow state voters to remove racist language, specifically targeting sections on school segregation and poll taxes, which have been used to disenfranchise Black voters.
The removal of racist language from the Alabama Constitution is a significant step towards addressing the state's racist past and improving its reputation. By deleting these offensive sections, Alabama sends a message of inclusivity and welcomes people from all races. This initiative is part of a broader effort to make the state's constitution more accessible and user-friendly, attracting new industries and improving the state's economy.
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Poll taxes
The Alabama Constitution, written in 1901, contains racist language regarding slavery, poll taxes, and school segregation. The constitution is long and detailed, with 420,000 words and 978 amendments. It addresses various issues, including government structure, tax rates, and the retirement age of judges. The constitution also includes racist language that allows slavery as a punishment for crime and supports poll taxes and school segregation.
The Alabama Constitution's reference to poll taxes is found in Section 259, which states, "All poll taxes collected in this state shall be applied to the support and furtherance of education in the respective counties where collected." This section has been deleted from the revised constitution, as poll taxes were outlawed by the 24th Amendment to the U.S. Constitution in 1964. The Supreme Court also ruled in 1966 that poll taxes in state elections violated the Equal Protection Clause of the 14th Amendment.
The effort to remove racist language from the Alabama Constitution has been ongoing for several years. In 2020, voters approved an amendment to authorize the recompilation of the constitution, which was unanimously approved by the legislature in 2022. The new constitution removes outdated, voided, and illegal language, including provisions on poll taxes, slavery, and school segregation. It also reorganizes the amendments to make the document more user-friendly and accessible to the public.
The removal of racist language from the Alabama Constitution is seen as a step towards improving the state's reputation and economy. By erasing these vestiges of Jim Crow, Alabama sends a message that it has changed and is open to everyone. The recompilation of the constitution will not affect taxes, education, elections, or other issues, but it is a significant step towards righting the wrongs of the past and creating a more inclusive future for the state.
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Convict lease system
Alabama's convict-lease system was a product of the state's racist legal system, which saw a growing number of African Americans in county jails and the state penitentiary. The convict-lease system was implemented in 1875 by the state's warden, John G. Bass, as a means to generate revenue for the state. Under this system, prisoners were leased to coal mines, farms, and lumberyards in exchange for monthly payments.
Prisoners were classified into three categories based on their physical abilities and skill levels, with fees set accordingly. This proved to be highly profitable, with the state making between $11,000 and $12,000 in the first year alone. Following this, county governments began negotiating their own lease agreements.
African Americans constituted over 90% of convicts forced to work under the convict-lease system, according to the Encyclopedia of Alabama. They were subjected to harsh manual labor with no pay and were often arrested on false charges. The conditions were horrendous, and in 1911, an explosion at the Banner mine killed 123 African American prisoners, sparking calls to end the practice.
Alabama was the last state to abolish the convict-lease system in 1928, and it was justified under the 13th Amendment of the U.S. Constitution, which legalizes forced labor in prisons. The amendment contains nearly identical language to that found in 19 other state constitutions. The convict-lease system was finally abolished in Alabama following a series of legislative efforts and scandals, marking a long-overdue end to this racist and exploitative practice.
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Involuntary servitude
The Alabama Constitution, written in 1901, has been criticised for its racist language and intent. The document was drafted by 155 white men, with no female or Black delegates, and its explicit goal was to "establish white supremacy in this state".
One of the racist provisions in the Alabama Constitution is the clause on involuntary servitude. This clause allows involuntary servitude as a punishment for crime: "No form of slavery shall exist in this state and there shall not be any involuntary servitude otherwise than for the punishment of crime of which the party shall have been duly convicted." This provision has been linked to the growth of prison labour and the rise of mass incarceration, with generations of Black men being forced into labour under Alabama's convict-lease system.
In 2019, the Alabama Legislature approved a measure to recompile the state constitution, including the removal of racist language. The Committee on the Recompilation of the Constitution is currently meeting to discuss recommendations, and any changes will be presented to voters. One of the proposed changes is the removal of the clause on involuntary servitude. This follows the example of three other states that have recently deleted similar language from their constitutions.
The removal of racist language from the Alabama Constitution is seen as an important step towards improving the state's reputation and projecting more inclusive values. It is hoped that these changes will send a message that Alabama has changed and is no longer the same state that legalised racism and segregation in 1901.
The efforts to remove racist language from the Alabama Constitution have been ongoing for several years, with previous attempts rejected by voters in 2000 and 2020. However, there is optimism that the current proposal will be successful, especially as it avoids altering language related to school funding issues.
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Frequently asked questions
The Alabama Constitution, written in 1901 by 155 white men, contains racist language that perpetuates sentiments of white supremacy and separatism. It includes offensive sections on race, such as references to school segregation and the poll tax. The document also previously banned interracial marriages, specifically prohibiting marriages between "any white person and a negro, or descendant of a negro".
Yes, there have been several attempts to remove the racist language in the Alabama Constitution. In 2000, Alabama Amendment 2 was proposed to abolish the prohibition of interracial marriages. This amendment was approved with around 60% of the vote. More recently, in 2019, the Alabama Legislature approved a measure to recompile the state constitution and remove racist language. This effort resulted in Amendment 4, which voters approved in November 2020 to allow the state to remove racist language from the constitution.
Removing the racist language in the Alabama Constitution is important because it sends a message that the state has changed and no longer upholds the values expressed in the document. By eliminating references to segregation and white supremacy, the state can project a commitment to inclusivity and equality. Additionally, removing this language can help improve Alabama's reputation and attract new businesses and residents.
