A while back I wrote about
a rumor I had heard concerning a lawsuit that might soon be filed challenging the State's Constitution of 1901. It seems that this rumor was accurate, and you can
view the court filing here. You may also
download the PDF file here.
Read the Birmingham News article here.The lawsuit claims the Constitution of 1901 was improperly ratified. I don't know if it was or wasn't, but I'm curious if the passage of time (more than 100 years) will play any part in the decision. At any rate, the lawsuit seeks to have the Court declare a future date after which the current Constitution is void. Presumably, the State would take action to draft a new Constitution and have it ratified prior to that date. Alternatively, they could put the current Constitution up for a new ratification vote.
Quotes From the LawsuitPlaintiffs allege:
"...that the Invalid Constitution was never passed by the people of Alabama because votes were not properly counted, due to voter fraud and other voter wrongdoing."
"It is necessary and proper for this Court to issue a permanent injunction enjoining the Defendants in their official capacity from continuing to enforce the Invalid
Constitution of 1901, as of a date certain."
And what happens if a new Constitution is not ratified by the appointed date? Assuming the Court doesn't grant an extension, we would have no State Government. At all. And since city and county governments are defined and given power by the Constitution and by the Legislature, we would probably have no local government, either. That is, no LEGALLY RECOGNIZED government.
As I understand it, the plaintiffs do NOT ask the Court to retroactively invalidate the Constitution, just to set a date in the future when it is rendered invalid.
Either way, regardless of their "evidence", I believe they will have a VERY hard time winning this case.
Read the rest...