The Volokh Conspiracy
[Eugene Volokh, November 16, 2006 at 4:09pm] Trackbacks
Alabama Constitution, Article I, § 35:

"That the sole object and only legitimate end of government is to protect the citizen in the enjoyment of life, liberty, and property, and when the government assumes other functions it is usurpation and oppression." Says so right there, in the constitution.

CynicPerry:
Now, I have to wonder how many Alabama state statues would be struck down if the Justices of that state ever actually read their own constitution - and followed it...
11.16.2006 5:30pm
Sasha Volokh (mail) (www):
The key is whether the Alabama Constitution also bans usurpation and oppression!
11.16.2006 6:56pm
Appellate Attorney:
Good point. It does take five votes, however, so Tom Parker, the one Justice of the Alabama Supreme Court who isn't afraid to apply this Constitutional provision even when it makes him unpopular, rarely prevails in such cases. Even so, his originalist view and voice are still so feared that Justice O'Connor and Judge Pryor both elected to attack him by name earlier this fall in the pages of the Wall Street Journal.
11.16.2006 6:58pm
Another Virginian:
Gee, and isn't Alabama one of the states where the citizens voted against removing the anti-miscegnation laws from their constitution a few years back? Wonder how that got in their constitution if they're all about protecting rights...
11.16.2006 7:12pm
Alan K. Henderson (mail) (www):
So public education violates the Alabama constitution, eh?
11.16.2006 7:23pm
Duffy Pratt (mail):
The clause says "when the government assumes other functions..." So obviously it contemplates that the government will assume other functions. Kind of like how the double jeopardy prohibition on putting a "limb" in jeapordy for a second time shows that the founders considered cutting off hands and feet a reasonable punishment.
11.17.2006 9:24am
Sandro (mail) (www):
Given the chasm between the text Sarbanes-Oxley and what consultants are doing to companies in the name of Sarbanes-Oxley, I would not be surprised if many gov't actions are justified in that they "protect the citizen" even if indirectly.
11.19.2006 2:09am

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