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Constitution of Alabama

Data from AL Legislature

Constitution of 2022 (recompilation of the 1901 constitution, historically the world's longest). Full 18-article statewide structure with condensed section text; Article I (Declaration of Rights) is listed section-by-section. The very long departmental articles (especially Article IV, Legislative, ~104 sections) give headline sections and abbreviate the rest. The 134 LOCAL constitutional provisions, now arranged by county, are summarized rather than enumerated. Read the complete, verbatim constitution at the source link.

Article Pr. Preamble

§ — Preamble

We the people of the State of Alabama, invoking the favor and guidance of Almighty God, do ordain and establish this Constitution.

Article I Declaration of Rights

§ 1 Equality and rights of men

All men are equally free and independent and have certain inherent rights, including life, liberty, the pursuit of happiness, and the acquisition and protection of property.

§ 2 People source of power

All political power is inherent in the people; government is instituted for their benefit, and they have the right to alter, reform, or abolish it.

§ 3 Religious freedom

No religion shall be established by law; no preference given to any denomination; and civil rights, privileges, and capacities do not depend on religious belief.

§ 3.01 Alabama Religious Freedom Amendment

Government shall not burden a person's free exercise of religion unless it demonstrates a compelling interest pursued by the least restrictive means.

§ 3.02 Religious rights and liberties

The right to worship and to religious expression is protected, including in public settings, subject to neutral and generally applicable law.

§ 4 Freedom of speech and press

No law shall be passed to restrain the liberty of speech or of the press; every citizen may freely speak, write, and publish, being responsible for the abuse of that liberty.

§ 5 Unreasonable search and seizure; warrants

The people are secure against unreasonable searches and seizures; warrants issue only on probable cause supported by oath, describing the place and persons or things.

§ 6 Rights in criminal prosecutions

In criminal prosecutions the accused has the right to be heard, to know the accusation, to confront witnesses, to compulsory process, to a speedy public trial by an impartial jury, not to be compelled to testify against themselves, and to due process of law.

§ 6.01 Basic rights for crime victims

Crime victims have the right to be informed of, present at, and heard during criminal proceedings, and to restitution.

§ 7 Accusation, arrest and detention

No person shall be accused, arrested, or detained except in cases ascertained by law and according to the forms it prescribes.

§ 8 Proceeding by information

No person shall be proceeded against for an indictable offense except by indictment, save in specified minor or military cases or with the person's consent.

§ 9 Double jeopardy; discharge of juries

No person shall be twice put in jeopardy for the same offense, though a court may discharge a jury and order a retrial in cases of necessity.

§ 10 Right to prosecute civil cause

Every person may prosecute or defend their own cause in the courts.

§ 11 Right to trial by jury

The right of trial by jury shall remain inviolate.

§ 12 Prosecutions for libel

In prosecutions for libel, the truth may be given in evidence, and the jury determines the law and the facts.

§ 13 Courts to be open; remedies

All courts shall be open, and every person shall have a remedy by due process of law for injury to person, property, or reputation, administered without sale, denial, or delay.

§ 13.50 Application of foreign law

Courts shall not apply a foreign law, rule, or code that would violate the rights guaranteed by the state and federal constitutions.

§ 14 State not to be made defendant

The State of Alabama shall never be made a defendant in any court of law or equity.

§ 15 Excessive fines; cruel or unusual punishment

Excessive fines shall not be imposed, nor cruel or unusual punishment inflicted.

§ 16 Right to bail; excessive bail

All persons are bailable by sufficient sureties, except for capital offenses where the proof is evident, and excessive bail shall not be required.

§ 17 Suspension of habeas corpus

The privilege of the writ of habeas corpus shall not be suspended, except when in case of rebellion or invasion the public safety requires it.

§ 18 Treason against the state

Treason against the State consists only in levying war against it or adhering to its enemies.

§ 19 Bills of attainder prohibited

The legislature shall not pass any bill of attainder.

§ 20 Imprisonment for debt

No person shall be imprisoned for debt.

§ 21 Suspension of laws

No power of suspending laws shall be exercised except by the legislature.

§ 22 Ex post facto laws; contracts

No ex post facto law, nor any law impairing the obligation of contracts, nor making any irrevocable or exclusive grant of special privileges, shall be passed.

§ 23 Eminent domain

Private property shall not be taken for, or applied to, public use without just compensation, and private property shall not be taken for private use except in limited cases.

§ 24 Navigable waters free public highways

All navigable waters shall remain forever public highways, free to the citizens of the State and of the United States.

§ 25 Right to assemble and petition

The citizens have the right peaceably to assemble for the common good and to petition those in authority for redress of grievances.

§ 26 Right to bear arms

Every citizen has the right to bear arms in defense of themselves and the State.

§ 27 Standing army; military subordinate to civil power

No standing army shall be kept in peacetime without the consent of the legislature, and the military is in strict subordination to the civil power.

§ 28 Quartering of soldiers

No soldier shall in peacetime be quartered in any house without the owner's consent, nor in war except as prescribed by law.

§ 29 Titles of nobility; hereditary distinction

No title of nobility or hereditary distinction, privilege, honor, or emolument shall be granted, nor any office created for a term longer than allowed.

§ 30 Immigration, emigration and exile

No citizen shall be exiled or prevented from emigrating from the State.

§ 31 Residence not forfeited by temporary absence

Temporary absence from the State does not forfeit a citizen's residence.

§ 32 Slavery prohibited

No form of slavery shall exist in the State, and there shall be no involuntary servitude.

§ 33 Protection of suffrage

The right of suffrage shall be protected by laws regulating elections and prohibiting undue influence and improper practices.

§ 34 Property rights of aliens

Foreigners who are bona fide residents enjoy the same rights in property as citizens.

§ 35 Objective of government

The sole object and only legitimate end of government is to protect the citizen in the enjoyment of life, liberty, and property, and the people may reform or abolish a government that fails this end.

§ 36 Construction of Declaration of Rights

Everything in this Declaration of Rights is excepted out of the general powers of government and shall forever remain inviolate.

§ 36.01 English as official language

English is the official language of the State of Alabama.

§ 36.02 Sportsperson's Bill of Rights

Citizens have the right to hunt, fish, and harvest wildlife, subject to reasonable regulation to conserve the resource.

§ 36.03 Sanctity of marriage

Marriage is valid in the State only between one man and one woman (superseded as to enforceability by federal law but retained in the text).

§ 36.04 Mandatory health care participation prohibited

No person, employer, or health care provider may be compelled to participate in any health care system.

§ 36.05 Right to work

The right to work may not be denied or abridged because of membership or non-membership in a labor union.

§ 36.06 Sanctity of unborn life

It is the public policy of the State to recognize and support the sanctity of unborn life, and the Constitution provides no right to abortion or to the funding of abortion.

Article II State and County Boundaries

§ 1 State boundaries

The boundaries of the State of Alabama are established as described in this article.

§ 2 Existing counties

The counties of the State as they existed are retained.

§ 3 New counties

The legislature may create new counties subject to the minimum area and population limits fixed by this article.

§ 4 County boundaries and territory

No county may be reduced below the minimum area or population, and changes to county lines follow the procedures set out here.

§ 5 County seats

The removal or relocation of a county seat requires approval as provided by this article.

Article III Distribution of Powers of Government

§ 1 Three departments

The powers of government are divided into legislative, executive, and judicial departments.

§ 2 Separation of powers

No person or persons of one department shall exercise any power properly belonging to another, except as expressly directed or permitted by this Constitution.

§ 3 Preservation of separation

The separation of powers is a fundamental principle preserved by this article.

§ 4 Construction

This article is construed to maintain the independence of the three departments.

Article IV Legislative Department

§ 1 Legislative power

The legislative power of the State is vested in a legislature consisting of a senate and a house of representatives.

§ 2 Composition and election

Members of the legislature are elected by the qualified electors of their districts.

§ 3 Qualifications of members

Legislators must be citizens, qualified electors, and residents of their district for the required period.

§ 4 Sessions

The legislature meets in regular annual sessions and may be convened in special session by the Governor.

§ 5 Each house judges its members; rules

Each house chooses its officers, judges the elections and qualifications of its members, determines its rules, and may punish or expel members.

§ 6 Journals; open sessions

Each house keeps a journal, and its sessions are open except where secrecy is required.

§ 7 Passage of bills; one subject

Every bill is read on three days and confined to one subject expressed in its title; a bill passes only on a majority vote of the members elected to each house.

§ 8 Revenue and appropriation bills

Revenue bills originate in the house, and appropriations are made only by law distinctly stating the purpose.

§ 9 Restrictions on local and special laws

The legislature is restricted from enacting local or special laws in enumerated cases where a general law can be made applicable, and must give notice of proposed local laws.

§ 10 Limitations on legislative power

The legislature is prohibited from granting extra compensation after service, releasing debts owed the State, and other specified acts.

§ — Remaining legislative sections (abbreviated)

Article IV contains roughly one hundred sections in all — governing the enactment of laws, the impeachment power, prohibitions on lotteries and certain appropriations, state and municipal debt, education funding, economic-development authority, and many other subjects. Only the headline sections are rendered here; read the complete, verbatim article at the source link.

Article V Executive Department

§ 1 Executive officers

The executive department consists of the Governor, Lieutenant Governor, Attorney General, State Auditor, Secretary of State, State Treasurer, Commissioner of Agriculture and Industries, and a Superintendent of Education (or board as provided).

§ 2 Supreme executive power

The supreme executive power is vested in the Governor, who sees that the laws are faithfully executed.

§ 3 Election and term

The executive officers are elected by the qualified electors and hold office for four-year terms.

§ 4 Qualifications

Executive officers must meet the age, citizenship, and residency requirements fixed by this article.

§ 5 Commander-in-chief

The Governor is commander-in-chief of the militia and state military forces, except when they are in federal service.

§ 6 Veto power

Bills are presented to the Governor, who may sign, veto, or line-item veto appropriation items; the legislature may override a veto by a majority of the members elected to each house.

§ 7 Pardoning power

The power to grant reprieves, paroles, commutations, and pardons is vested as provided by this article and by law (largely in the Board of Pardons and Paroles).

§ 8 Succession to the governorship

On a vacancy or the disability of the Governor, the Lieutenant Governor, then other officers in order, succeeds to the office.

§ — Remaining executive sections (abbreviated)

The other sections govern the duties of the several executive officers, filling of vacancies, the great seal, and related matters. See the source for the full text.

Article VI Judicial Department

§ 1 Unified judicial system

The judicial power is vested in a unified judicial system consisting of the Supreme Court, the Court of Criminal Appeals, the Court of Civil Appeals, circuit courts, district courts, probate courts, and municipal courts.

§ 2 Supreme Court

The Supreme Court is the highest court, with the number of justices provided by law and general supervisory authority over the courts.

§ 3 Courts of appeals

The Court of Criminal Appeals and the Court of Civil Appeals are the intermediate appellate courts.

§ 4 Circuit courts

The circuit courts are the trial courts of general jurisdiction, organized by judicial circuit.

§ 5 District and probate courts

District courts and probate courts have the jurisdiction provided by law.

§ 6 Election and qualifications of judges

Justices and judges are elected by the electors of the State, circuit, or district and must be licensed to practice law (except as otherwise provided for probate judges).

§ 7 Judicial administration; rules

The chief justice is the administrative head of the judicial system, and the Supreme Court makes rules of practice and procedure for all courts.

§ 8 Judicial discipline

The Judicial Inquiry Commission and the Court of the Judiciary receive complaints and may discipline, suspend, or remove judges for misconduct or disability.

§ — Remaining judicial sections (abbreviated)

The other sections fix the number, terms, compensation, and jurisdiction of the courts and judges, the office of clerk, and related administration. See the source for the full text.

Article VII Impeachments

§ 1 Officers subject to impeachment

The Governor, other executive and judicial officers, and members of the public service commission are subject to impeachment for enumerated causes such as willful neglect of duty, corruption, or crimes.

§ 2 Impeachment of state officers

The house impeaches and the senate tries the Governor and other principal state officers, with removal on a two-thirds vote.

§ 3 Impeachment of local officers

Certain county, municipal, and judicial officers are removable by the courts on charges as provided by this article.

Article VIII Suffrage and Elections

§ 1 Qualifications of electors

A citizen of the United States who is at least eighteen, a resident of the State, and duly registered is a qualified elector, unless disqualified.

§ 2 Disqualification

Persons convicted of a felony involving moral turpitude, until their civil rights are restored, and persons adjudged mentally incompetent, may not vote.

§ 3 Registration

The legislature provides for the registration of electors and for securing the purity of elections.

§ 4 Method and secrecy of voting

Elections are by secret ballot or by a method that secures secrecy, and electors are privileged from arrest while voting except for serious crimes.

§ — Remaining suffrage sections (abbreviated)

The other sections govern election administration, the times of elections, and related matters (many replacing disenfranchising provisions removed in the recompilation). See the source for the full text.

Article IX Representation

§ 1 Legislative apportionment

The State is apportioned into senatorial and representative districts, reapportioned by the legislature after each decennial federal census.

§ 2 Number of members

The number of senators and representatives, and the composition of their districts, is fixed within the limits set by this article.

§ — Remaining representation sections (abbreviated)

The other sections set district standards and the apportionment procedure. See the source for the full text.

Article X Exemptions

§ 1 Personal property exemption

Specified personal property of a resident is exempt from levy and sale for debt up to the value fixed by law.

§ 2 Homestead exemption

The homestead of a resident, up to the acreage and value fixed by this article, is exempt from sale for debt, except for taxes and purchase-money and improvement liens.

§ 3 Rights of surviving spouse and children

The exemptions inure to the benefit of the surviving spouse and minor children of a deceased resident.

§ 4 Waiver of exemptions

The right to claim exemptions may be waived only as provided by law, and wages are protected from garnishment to the extent fixed.

Article XI Taxation and Finance

§ 1 Uniform and equal taxation

All taxes on property shall be assessed in exact proportion to its value, uniformly throughout the taxing jurisdiction.

§ 2 State property tax limit

The rate of state property taxation is limited to the maximum fixed by this article.

§ 3 County and municipal tax limits

The property-tax rates that counties and municipalities may levy are limited, with certain special levies authorized.

§ 4 Tax exemptions

Property of the State and its subdivisions, and property used exclusively for religious, educational, or charitable purposes, may be exempted from taxation.

§ 5 State debt limited

The State shall not create debt beyond a small fixed amount, except to repel invasion or suppress insurrection or as authorized by amendment.

§ 6 Public money drawn only by appropriation

No money shall be paid out of the treasury except on appropriation made by law and on warrant drawn as prescribed.

§ — Remaining finance sections (abbreviated)

The other sections govern county and municipal debt limits, special property-tax levies, the assessment and collection of taxes, and dedicated funds. See the source for the full text.

Article XII Corporations

§ 1 Formation under general laws

Corporations are formed under general laws, which the legislature may alter, amend, or repeal.

§ 2 State not a stockholder

The State shall not engage in works of internal improvement, nor lend its credit to, nor be a stockholder in, any private corporation, except as authorized by this Constitution.

§ 3 Municipal aid restricted

No county, city, or town shall lend its credit to or grant public money to any private corporation, association, or individual, except as this Constitution allows.

§ 4 Common carriers; regulation

Railroads and other common carriers are public highways subject to legislative regulation to prevent unjust discrimination and extortion.

§ 5 Eminent domain by corporations

Corporations exercising the power of eminent domain must make just compensation for property taken or injured.

§ — Remaining corporation sections (abbreviated)

The other sections govern foreign corporations, stock and bond issuance, monopolies, and related matters. See the source for the full text.

Article XIII Banks and Banking

§ 1 Banking under general laws

The legislature may enact general laws for the organization, regulation, and supervision of banks and banking, and no bank is established except under such laws.

§ 2 State not to engage in banking

The State shall not be a stockholder in any bank, nor lend its credit to any bank.

§ 3 Supervision of banks

Banks are subject to examination and supervision as provided by law to protect depositors.

Article XIV Education

§ 1 Public school system

The legislature shall establish, organize, and maintain a system of public schools throughout the State for the benefit of the children.

§ 2 School funds

The income of the public school fund is used exclusively for the support of the public schools and is not diverted to other purposes.

§ 3 Board of education; superintendent

The supervision of the public schools is vested in the state board of education and the superintendent of education (or as otherwise provided by law).

§ 4 Right to public education

The provision of public education is a duty of the State, subject to the conditions and limits set by this article.

Article XV Militia

§ 1 Persons subject to militia duty

The militia consists of all able-bodied citizens of the State within the ages fixed by law, except those exempted.

§ 2 Organization and discipline

The legislature provides for organizing, arming, equipping, and disciplining the militia in conformity with federal law.

§ 3 Classes of the militia

The militia is divided into the organized (National Guard) and unorganized militia as provided by law.

§ 4 Officers

Militia officers are appointed or elected and commissioned by the Governor.

§ 5 Exemption of conscientious objectors

Persons conscientiously opposed to bearing arms are exempted on the conditions set by law.

§ 6 Governor's command

The Governor may call out the militia to execute the laws, suppress insurrection, and repel invasion.

§ 7 Public arms

The safekeeping of the public arms and military records is provided for by law.

§ 8 Immunity from civil process

Members of the militia are privileged from arrest, except for serious crimes, while going to, attending, and returning from muster or duty.

Article XVI Oath of Office

§ 1 Oath of office

All officers, before entering upon their duties, must take an oath to support the Constitution of the United States and of Alabama and to faithfully discharge their duties.

§ 2 Prohibition on additional test

No other oath, declaration, or religious test may be required as a qualification for office.

Article XVII Miscellaneous Provisions

§ 1 Continuity of government

The legislature may provide for the continuity of governmental operations during emergencies caused by enemy attack or disaster.

§ 2 Effective date of laws

The time when acts of the legislature take effect is fixed by this article and by law.

§ 3 Dual office holding

No person shall hold two offices of profit at the same time, except as this Constitution permits.

§ 4 Officers holding over

Officers continue to discharge their duties until their successors qualify.

§ — Remaining miscellaneous sections (abbreviated)

The other sections govern the seat of government, lobbying and corrupt practices, the state boundaries in detail, and other general matters. See the source for the full text.

Article XVIII Mode of Amending the Constitution

§ 1 Amendments proposed by the legislature

An amendment may be proposed in either house and, if approved by three-fifths of the members elected to each house, is submitted to the voters.

§ 2 Ratification by the voters

A proposed amendment becomes part of the Constitution if approved by a majority of the qualified electors voting on it.

§ 3 Statewide and local amendments

Amendments of statewide application are voted on by the whole State; amendments of local application are voted on as provided by this article.

§ 4 Constitutional convention

The legislature may submit to the voters the question of calling a constitutional convention, whose work takes effect only if ratified by the people.

§ 5 Multiple amendments

When more than one amendment is submitted, they are voted on so as to enable the electors to vote on each separately.

§ 6 Effect of ratification

A ratified amendment takes effect as provided in the amendment or by law.

§ 7 Recompilation and arrangement

This article provides for the arrangement of the Constitution, including the recompilation authority under which the Constitution of 2022 was adopted.

Article Loc. Local Constitutional Provisions

§ — Local constitutional provisions (arranged by county)

Beyond the 18 statewide articles, the Constitution of 2022 contains 134 local constitutional provisions, now arranged by county of application — the vast reservoir of local amendments (on subjects such as county taxation, debt, bond issues, salaries, and economic development) that made the 1901 constitution the world's longest. These are summarized here, not enumerated; each county's provisions are set out in full at the source link.

Full, verbatim text at AL Legislature