A state constitution provides the framework within which governmental decisions are made. Some decisions affect the whole state and should be made by general laws of the legislature; others are local and should be left to city and county officials.
Alabama’s constitution contains no standard, or rule, to define which decisions can be made locally (that is, no “home rule”). Without such a standard, there is no solid foundation for county government. The Legislature often makes decisions for counties, one at a time, through “local acts.” In many cases, exceptions to constitutional rules have to be approved by popular vote on “local amendments.”
The result is chaotic: Today there are hundreds of constitutional amendments that affect only a single county and more than 35,000 local acts of the Legislature. These local acts are not in any code; they are published only in the year enacted. No one keeps track of them. For the most part, there are no checks and balances on adoption, since the Legislature normally defers to the members from a given county on their local bills.
Legislators are elected to make policy for our state government. Why should they spend time on local matters that we elect county commissioners to manage? To see the inefficiency in this, imagine how profitable Alabama’s automakers would be if their boards of directors handled issues that arise as autos are being assembled down on the line. Wisely they delegate that power to those directly involved and spend their time on decisions related to the health of the corporation as a whole.
The biggest problem with having no home rule standard is the lack of accountability. What is the law? State laws and constitutional provisions vary from county to county. Who is responsible for problems that arise? For example, is Jefferson County now at the brink of bankruptcy because of decisions made by elected officials in the past or flawed legislative acts that created the structure and governed the county’s finances? Obviously both and county officials today can resolve the problems only if the Legislature acts.
Fortunately the Legislature has created a constitutional revision commission to recommend reforms. There is no more important issue for this commission to address than developing a balanced home rule standard. The goal should be to prevent problems like those now facing Jefferson County.
EDITOR’S NOTE — Jim Williams is executive director for the nonprofit, nonpartisan Public Affairs Research Council of Alabama. Jim may be contacted at jwwillia@samford.edu.
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