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Opinion | When the constitution asks a question, courts must answer

South Carolina’s Supreme Court once faced a hard residency question at a hard political moment. It did not hide from the constitution.

Senator Tommy Tuberville, left, and Charles “Pug” Ravenel, right. AP Photo/South Carolina Democratic Party

In 1974, Charles “Pug” Ravenel looked like the future of South Carolina politics.

He was young, bright, polished and hopeful. He had money, momentum and a message of reform. He had won the Democratic primary for governor in a state where the Democratic nomination still carried enormous weight. He was the choice of his party’s voters and, by many accounts, the favorite to become governor.

Then the South Carolina Supreme Court did something both simple and extraordinary.

It took its state Constitution seriously.

The question before the court was whether Ravenel met South Carolina’s constitutional requirement that a governor be a citizen and resident of the state for five years before the election.

Ravenel’s talent, campaign momentum and support from voters were not in dispute. Removing a major-party nominee from the ballot would disrupt the election. But courts exist to answer legal questions, including constitutional ones.

There had already been an earlier proceeding before the primary. A lower court had allowed Ravenel to run. Party leaders wanted him on the ballot. Voters had chosen him. The campaign was moving forward. Every practical argument pointed in one direction: let it go.

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The Supreme Court did not.

It treated the earlier proceeding as something less than final. It assumed jurisdiction. It heard evidence. It reviewed exhibits. It examined the paper trail of Ravenel’s life—where he had voted, where he had paid taxes, where he had lived and how he had represented himself to clubs, governments and institutions.

In other words, the court did the work.

That is the lesson of Ravenel v. Dekle.

Not that every residency challenge is valid. Many are not. Courts should not look for ways to remove candidates from ballots. Judges should not substitute their judgment for the will of the people. But when the people place qualifications for office in a constitution, those qualifications are law.

And law requires evidence.

Ravenel had deep South Carolina roots. He was born in Charleston. He had family, friends and history there. He argued that South Carolina had always remained home in the larger sense—the place to which he intended to return.

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But the Constitution asked where he had been a citizen and resident for the required period—not where his affections rested.

The court refused to treat those words as ornamental. “Citizen” and “resident” were not the same thing. If the Constitution used both, both had to mean something. A candidate’s biography could not erase the text. A campaign’s momentum could not supply missing years. A party’s preference could not amend the Constitution.

That was a legal judgment.

Residency is a legal fact, proven by conduct. Courts look at where a person lived, voted, paid taxes, registered vehicles, maintained property and presented himself to the world. None of those facts alone may settle the question. Together, they tell a story the law is entitled to hear.

South Carolina’s court understood that.

It also understood something more important: the timing of an election does not suspend the Constitution.

That is where courts are tested. It is easy to praise the rule of law when it costs nothing. It is easy to enforce a constitutional requirement when no powerful interest is inconvenienced. The real test comes when enforcement disrupts ambition, unsettles a party, disappoints voters and angers people with influence.

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In 1974, South Carolina faced that test.

The court asked what the Constitution required. It did not say the voters alone could cure a constitutional defect. It did not hide behind the earlier proceeding. It did not allow the difficulty of the remedy to excuse avoidance of the question.

That should not be remarkable. But in modern politics, it is.

Too often, constitutional qualifications are treated as obstacles only when they are convenient and ignored when they become uncomfortable. Parties want flexibility. Candidates want forgiveness. Officials want the problem to disappear. Courts are tempted to call the whole thing political and step aside.

But a constitution that cannot be enforced when enforcement is inconvenient is not much of a constitution.

Alabama’s Constitution contains its own clear command. Section 117 requires that a governor and lieutenant governor be of a certain age, a citizen of the United States for 10 years and a resident citizen of Alabama for seven years before election.

Those words are law. They were written to bind candidates, parties, election officials and courts alike.

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Or they should.

The question is whether courts will answer a constitutional question when one is properly placed before them.

If the evidence is insufficient, say so. If the challenge is frivolous, say so. If the candidate meets the requirement, say so.

But do not say the words do not matter. Do not say the question is too awkward. Do not say the people can enforce a qualification the courts refuse to examine.

The people have the right to vote. They also have the right to expect that candidates for the highest offices meet the qualifications written into the Constitution. Those rights belong together.

An election is not made stronger by ignoring the law. Democracy is not protected by pretending constitutional limits are optional. The rule of law is not honored when courts avoid hard questions because the answer may be disruptive.

South Carolina did not remove Pug Ravenel because he lacked promise. It did not deny his roots, his talent or his appeal. It acted because the Constitution asked a question, and the court understood that courts must answer.

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That is the standard. A constitutional one.

Alabama does not need courts that chase political outcomes. It does not need courts that serve parties, candidates or factions. It needs courts willing to read the Constitution honestly, examine evidence carefully and explain the law plainly.

Fifty years ago, South Carolina faced a hard constitutional question at a hard political moment. Its Supreme Court did not hide behind party preference, campaign momentum or procedural convenience. It heard evidence. It read the words. It did the work.

Alabama should expect no less.

Bill Britt is editor-in-chief at the Alabama Political Reporter and host of The Voice of Alabama Politics. You can email him at [email protected].

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