[lg policy] SMITH: Remove racist language from Alabama Constitution

[Harold Schiffman]

SMITH: Remove racist language from Alabama Constitution

By Watchdog Staff  /   October 24, 2012  /   Comments Off	

By Cameron Smith| Alabama Policy Institute

Amendment 4 deletes on Alabama’s ballot Nov. 6 language in Section 256
of Alabama’s Constitution relating to “elective” segregated schools
and repeals poll tax provisions.

THE CONSTITUTION of Alabama was written in 1901.

In short, Section 256 of the Constitution of 1901, which required the
Legislature to “establish, organize, and maintain a liberal system of
public schools” was clearly unconstitutional under the Supreme Court’s
1954 ruling in Brown v. Board of Education because it also contained a
provision requiring segregated schools.

Alabama voters removed the offending language in 1956 with Amendment
111 and eliminated the right to a public education in Alabama.
Opposition to Amendment 4 is based on a 1993 decision in an equity
funding lawsuit decided by Montgomery County Circuit Judge Gene Reese
that they argue reinstates the original language of Section 256 and
allegedly the constitutional mandate on the state to provide public
education.

Judge Reese’s decision and the resulting remedial order were dismissed
by the Alabama Supreme Court in 2002.
While those fighting against Amendment 4 might wish that Judge Reese’s
decision and remedy had been upheld, that is not the case.  Simply
disagreeing with a decade-old decision by the Alabama Supreme Court is
hardly grounds for retaining offensive language in Alabama’s
Constitution.

The proposed amendment does nothing to either guarantee or remove the
right to public education. Amendment 4 does remove racist language
from Section 256 by deleting the third paragraph relating to
segregated schools. Politicians frequently let technical arguments
suspend their ability to discern between right and wrong. Removing the
racist language of Alabama’s Constitution is clearly the right thing
to do.

http://watchdog.org/59918/smith-remove-racist-language-from-alabama-constitution/

-- 
**************************************
N.b.: Listing on the lgpolicy-list is merely intended as a service to
its members
and implies neither approval, confirmation nor agreement by the owner
or sponsor of the list as to the veracity of a message's contents.
Members who disagree with a message are encouraged to post a rebuttal,
and to write directly to the original sender of any offensive message.
 A copy of this may be forwarded to this list as well.  (H. Schiffman,
Moderator)

For more information about the lgpolicy-list, go to
https://groups.sas.upenn.edu/mailman/
listinfo/lgpolicy-list
*******************************************

_______________________________________________
This message came to you by way of the lgpolicy-list mailing list
lgpolicy-list at groups.sas.upenn.edu
To manage your subscription unsubscribe, or arrange digest format: https://groups.sas.upenn.edu/mailman/listinfo/lgpolicy-list