Constitutional Law

Lawsuit Alleges Alabama Constitution Racist, Invalid

Alabama's current constitution was ratified in 1901 by a vote of 108,613 to 81,734, according to state records. However, those records also include anomalies that some say indicate rampant fraud.

A group of voters is filing suit, alleging voter fraud in an effort to invalidate the state's constitution. Plaintiffs in the case are seeking either a new vote on whether to ratify the document or a new constitutional convention.

The current constitution is "riddled with racist language," says the Birmingham News, pointing to an affidavit filed with the complaint. Plaintiffs claim that the vote to ratify the document was no less tinged with racism. They refer to results showing that most black voters supported ratification despite widespread, public arguments for ratification on the basis of maintaining "white supremacy." Editorials from local papers of the time included this from the Choctaw Advocate: "This is the time when all white men should stand together. The new Constitution was made by white men, for white men." Another editorial from the Selma Times offered this express endorsement of racist voter fraud: "The Times is one of those papers that does not believe it is a harm to rob or appropriate the votes of an illiterate Negro. We do not believe they ought ever to have had the privilege of voting."

Plaintiffs have moved for class certification in the case, claiming that the class includes all registered Alabama voters. Named defendants include top state officials such as Gov. Bob Riley. Riley's chief legal adviser Ken Wallis doubts the legal basis for the suit, calling it "far, far out." Wallis urged those displeased with the 1901 constitution to seek redress through legislative, rather than legal means.

H/T: How Appealing.

Full post as published by ACS Blog on February 16, 2009 (boomark / email).