Your feedback ensures we stay focused on the facts that matter to you most—take our survey.
Alabama National Guard, Amendment 10 (1948, November)
|
|
|
The Alabama National Guard, Amendment 10, also known as Amendment 10, was on the ballot in Alabama on November 2, 1948, as a legislatively referred constitutional amendment. It was defeated. The amendment proposed to amend the constitution. The amendment proposed to add to the constitution the following: Section 1. For the purpose of promoting the military proficiency and effectiveness of the armed forces of this State, all officers, including general officers, of the federally recognized active national guard, except the adjutant general and all officers of the State Military Department and the State Staff, shall be appointed, and after the adoption of this amendment shall be subject to suspension, discharge, removal or compulsory retirement as such, solely on the basis of their individual military proficiency, character, and service, as determined according to military or naval regulations and usages sanctioned by the law of this State and of the United States and not inconsistent with the provisions and spirit of this Amendment. The qualifications of such officers of the federally recognized active national guard shall be prescribed in military regulations promulgated in accordance with specifications of the United States War Department under authority of federal laws affecting the national guard; provided that all general officers of the line of the federally recognized active national guard shall have had at least six years service as commissioned officers in the federally recognized active national guard at the time of their recommendation and appointment as herein provided, and shall be members of the national guard at the time of their recommendation and appointment, and that officers of the State Military Department and the State Staff hereafter appointed (except when commissioned in the Medical Corps) shall have served at least three years in the federally recognized active national guard, Army of the United States, or Officers Reserve Corps, and they shall have military and civil education, training, and experience particularly fitting them for the positions to which they are assigned.
Section 2. The governor shall, subject to confirmation by the Senate, appoint adjutant general, who may be commissioned a general officer. The person so appointed shall have military and civil education, training and experience particularly fitting him for the position, and shall hold office at the pleasure of the governor appointing him. After the adoption of this amendment, in the event of a national mobilization, war, or emergency during which the adjutant general is ordered, called, drafted, or serves in the federal service, the governor may appoint, subject to confirmation by the Senate, a temporary the adjutant general who shall serve until the adjutant general is released from Federal service, after which time the latter shall again assume his office, provided he is physically able and is acceptable to the Governor then in office.
Section 3. All officers of the federally recognized active national guard shall be commissioned by the governor, as commander-in-chief of the militia, upon nominations made as provided.
Section 4. All general officers of the line of the federally recognized active national guard, except the adjutant general, shall be appointed by the governor and confirmed by the Senate, subject to the following conditions and limitations: whenever there occurs a vacancy for any such officer, the adjutant general (or the governor if there is no adjutant general) shall, within thirty days after the occurrence of the vacancy, call a meeting of the State Military Advisory Board provided for in Section 10 of this Amendment, and, if such meeting is not called within the prescribed time by
such officer, the ranking member of said board shall do so. Said State Military Advisory Board when so convened shall, by a majority vote, recommend to the governor within thirty days a list of one or more persons considered by it to be qualified as to education, professional training and ability, character, experience, and general ability for the office to be filled, and the governor shall within thirty days thereafter fill such vacancy by appointment from among the persons so recommended, and, if the governor fails or refuses to make such appointment within the prescribed time, the adjutant general (or the chief justice of the Supreme Court, if there be no adjutant general or such officer fails or refuses to act within another thirty days) shall make such appointment from such list of recommended persons, and any such appointment made by any of such officers shall be subject to confirmation by the Senate; provided, that where the appointment of a general officer requires the consent or concurrence of another state government, the governor shall not be bound by the time limits prescribed for making the actual appointment. Any person appointed to be adjutant general or a general officer at a time when the Senate is not in session shall hold and exercise such office until the Senate next convenes, when his appointment must be immediately submitted by the officer making the appointment to the Senate for confirmation.
Section 5. The adjutant general shall select and nominate suitable and qualified officers to fill vacancies occurring in the State Military Department, the State Staff, and the Alabama portion of staffs of commanders who are not members of the national guard of this state. The officers in the State Military Department and on the State Staff shall serve at the pleasure of the adjutant general.
Section 6. General officers, regimental groups, battalion, and squadron commanders shall have the right to select and nominate, subject to the approval of the adjutant general, suitable and qualified officers to fill vacancies occurring on their respective staffs in the federally recognized active national guard.
Section 7. Commanding officers of regiments, groups, battalions, and squadrons shall be selected and nominated by the adjutant general from among persons qualified for the appropriate grade and branch with the concurrence of the State Military Advisory Board.
Section 8. Nominations of officers to fill vacancies in the federally recognized active national guard not otherwise provided for in this amendment shall be made by boards composed of the adjutant general, all higher tactical commanders of the unit involved, and the commanding officers of the unit, if there be one, from persons qualified for the appropriate grade and branch.
Section 9. Commissions and appointments of officers of the federally recognized active national guard shall be vacated or suspended only in the following manners: by resignation; by compulsory retirement at a definite maximum age, or voluntary retirement as provided by statutes consistent with this amendment and requirements of the United States Government; by sentence of a court-Martial; by suspension, discharge, or retirement for cause upon the recommendations of an Efficiency Board of three superior officers, in cases of officers other than general officers, because of neglect of duty or moral or professional unfitness for further service as a commissioned officer, the accused officer having the right to appear before such board, present evidence, and appeal to higher military authority; upon withdrawal of Federal recognition; upon failure to comply with Federal regulations for continuance of Federal recognition; upon conviction of a felony; and because of physical unfitness, upon the recommendation of one or more medical officers of the national guard or some other component of the United States Army. General officers of the federally recognized active national guard shall be subject to impeachment in the manner prescribed for the impeachment of the attorney general of the State and upon the same grounds. They may also be removed from office by the Governor upon the recommendation and with the concurrence of the State Military Advisory Board because of neglect of duty or moral or professional unfitness for further service as such officers upon written charges proffered by the Governor or a member of such Board.
Section 10. There shall be a State Military Advisory Board composed of all active general officers of the line of the federally recognized active national guard, the adjutant general, the ranking judge advocate general, and the ranking active line officer of each combatant arm of the service represented in the organized national guard of Alabama. Such Board shall have such duties as are imposed upon it by law, in addition to its duties as provided for in this amendment.
Section 11. All affairs of the state militia shall be conducted by a State Military Department, of which, the adjutant general shall be the head, and the employees of such department shall be appointed by the adjutant general; provided that nothing contained herein shall prevent the application of the merit system to the employees in such department, other than employees in active military service, in so far as it does not conflict with the provisions of this amendment.
Section 12. The provisions of this amendment shall become effective immediately upon its adoption, and all of its provisions shall be self-executing. Nothing in this amendment shall be construed as requiring the removal of any officer mentioned herein who is holding office at the time of its adoption. Any provision of the existing constitution inconsistent with any provision of this amendment is hereby repealed.[1]
Election results
| Alabama Amendment 10 (1948) | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
 No | 46,527 | 53.00% | ||
| Yes | 41,264 | 47.00% | ||
Election results via: Alabama Official and Statistical Register, 1951
See also
- Alabama 1948 ballot measures
- 1948 ballot measures
- List of Alabama ballot measures
- History of Initiative & Referendum in Alabama
External links
Footnotes
 |
State of Alabama Montgomery (capital) |
|---|---|
| Elections |
What's on my ballot? | Elections in 2025 | How to vote | How to run for office | Ballot measures |
| Government |
Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy |
