Epilogue

This collection intended to update Thomson’s (2002) work in time for the 125^th anniversary of the 1901 Constitution. The essays in A Century of Controversy continue to be enlightening. Alabama’s tumultuous history is fascinating and troubling. The book highlights that the framers of the 1901 Constitution sought to create a form of government that institutionalized white supremacy, undermining democracy in the process. Throughout Alabama’s history, when opportunities arose to right the wrongs of the 1901 Constitutional Convention – to adequately fund education and infrastructure and allow for local-level democracy – Alabama’s lawmakers have consistently chosen not to do so (Hamill, 2024; Porter, 2024; Blankenship, 2024; Aguado, 2024). The 1901 framers devised a system of governance designed to forestall reform. It is a long-lasting document because voters have learned to distrust governing institutions, as generations of corrupt and malicious policymakers and politicians consistently underserved Alabamians. In the fall of 2003, I recall discussing Governor Riley’s tax proposal with a student who said they supported it but would vote against it because they trusted Governor Riley but did not trust who might succeed him. That is the legacy of the 1901 Constitution. It tainted the very public institutions that could address the complicated needs the state has had since 1901.

And where Thomson has a call for reform through education, civil society, and social capital, this work, collectively, is much less hopeful.  All the authors submitted their works to this collection with limited guidance from the editor – a list of topics and a call to reflect on Alabama’s 1901 Constitution.  All reached similar conclusions. The state is still underserving its most needy and putting the vulnerable in harm’s way (Hamill, 2003).

And it may be that nothing will ever change in Alabama, at least not in the way that Thomson (2002) advocated. Political scientists reflect on voter fatigue as a reason for low voter turnout (Lijphart, 1996). That is, there are so many elections in the U.S. that people get tired of voting. In 2022, “Alabama ranked 46^th in percentage of voting-eligible population to cast a ballot, with only 37% of voters turning out for the general election” (Spencer 2024b, p. 2). Similarly, one of the reasons for the pervasiveness of the status quo is that people are exhausted by the nature of politics in this state. The problems (underfunded education, infrastructure, an inhumane carceral system, lack of local democracy) have just become circumstances that Alabamians have learned to deal with. And again, that is where the 1901 framers succeeded. They created a lasting Constitution that eroded the public’s capacity to care about these problems. The people of Alabama now have a choice: engage a system impervious to change or leave – many have chosen the latter. In 2024, Warren Kulo reported that Alabama was among the states suffering the biggest “brain drain.” That is, people in the top third of the national education distribution between the ages of 31 and 40 are leaving this state, ranking Alabama 10^th among states suffering the largest losses among the educated population (Kulo, 2024). Smart, ambitious people in Alabama are leaving this state. Tiebout (1956) made the case that “the consumer-voter may be viewed as picking that community which best satisfies his preferences for public goods… the consumer-voter moves to that community whose local government best satisfies his set of preferences” (p. 418). Tullock (1971) concluded that people consider a bundle of government services and taxes and ultimately vote with their feet. They relocate. Where are these people moving to? Cebula (2009) makes the case that people move to areas with higher per-pupil public primary and secondary outlays. Porter (2024) demonstrated how Alabama lawmakers have failed to address adequate funding for education in the state. Hamill (2024) furthers the case by showing that the funding inadequacies are structural. They are built into the framework of Alabama’s government.

Constitutional change came to Alabama.  The constitution’s recompilation was passed in the November 8, 2022, general election with 76% of the vote. It rearranged the constitution so that similar subjects are located together, removed racist language, deleted repeated or repealed portions/language, placed all amendments that deal with economic development together and arranged local amendments by county. The recompilation is a significant accomplishment for the advocates of constitutional reform in Alabama. Yet Alabama still has the longest constitution. The constitution continues to give the state legislature extraordinary power over local jurisdictions. It is still less a structural document, establishing what the government can and cannot do, and more of a legislative document. As Thomas Spencer (2024a) points out, “Despite the new Constitution, we remain governed by the basic operating system established by the 1901 Constitution. And that operating system was recognized as obsolete and an obstacle almost as soon as it was adopted.” He quotes Governor Emmet O’Neal, whose words are as relevant today as they were when he was governor (1911-1915).

No real or permanent progress is possible in Alabama until the present fundamental law is thoroughly revised and adapted to meet present conditions.

There is still work to be done.