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Legacy of a flawed document
.Part 1 of a 6 part series


An Editorial Series
April 1, 2002

   
A long, long time ago, most of the people in Alabama, blacks and whites, went to the polls to
disenfranchise themselves.

   They had been asked to ratify the 1901 Constitution, a document drawn up by south Alabama landed gentry and north Alabama industrialists. The times conspired with the clever authors of that constitution to convince Alabamians of the day that the new document would mark the path for a better tomorrow. It was to be a tool to allow the state to claw its way out from
under the debris of war and Reconstruction and the boot of poverty.

   Instead, the 1901 Constitution came to serve as a legal foundation that ensured the continued enrichment and power of the ones who wrote it, while banishing turn-of-the century Alabama to obscurity. Although many of the sins of 1901, such as the poll tax, have been struck down, the transgression, the bad joke of 100 years ago, continues today. The players might be different — Black Belt farmers and railroad lawyers have moved aside to make room for a gaggle of powerful lobbyists — but the issues remain the same. Today lobbyists still fight to keep power vested under the roof of the state Legislature in Montgomery. It is a place where influence is easily exerted and exemptions, allowances and special treatments are given in return. It is a symbiotic relationship that keeps the well-off fed and powerful and everyone else in a fit of eternal
stagnation.

   The gaping wound on the state that is the 1901 Constitution bleeds our Alabama of jobs, people and reputation and is a teeming home to a festering of inadequate public education, poor government and non-existent land-use planning.

   It is an embarrassment. And it must, for the sake of a better Alabama, a better future for all of us, be changed.

   And that chance for change awaits us.

   The shameful defeat by the state House on March 21 of a measure allowing the people to have a say on the question of a convention to rewrite the 1901 document, is only the beginning of the battle to build a better Alabama. In the coming months, office seekers from the governor down to House members will have to state their positions on the question. Either they are with the growing grass-roots movement for constitutional reform or they are allies of the defenders of a broken document, a broken philosophy and a broken way of governing that pays heed to every want of lobbyists and panders to every notion of the special interests while relegating the needs of Alabama and her people to the rear.

   It is time for a new constitution.

   Over the next week, The Star’s editorial page will tell a story of Alabama through the voices of the people in Calhoun County who feel the burden of the state’s fundamental legal document pressing down on them every day of their lives. Their often-solitary struggles, however, are not private but are shared by every person in this state. These residents show how our constitution is a manacle that handicaps our state in those visible ways that touch lives, and from them all you will see how that travesty of the past also heaps intangible burdens of bad reputation and backward image upon us.

   See for yourself how the 1901 Constitution allowed an industrial-size hog slaughterhouse to move in next to a residential subdivision in north Calhoun County. See how it permits cell phone towers to mar the landscape of our pristine
county. Learn how it keeps our roads in a state of perpetual deterioration, how it lessens our property values, how it starves out our public school system and how it places a heavier tax burden on the middle- and lower-income groups.

   More specifically, it has made the lives of the people of Spring Brook subdivision near Alexandria prisoners in their own homes, the victims of a constant barrage of the sounds of squealing dying hogs and the horrid odor that settles like a wet blanket over the neat colorful homes on any given day.

   It keeps Principal Sarah McClure of Alexandria Elementary from giving her students better facilities, a better curriculum, language courses, music courses, a more challenging, more rewarding education.

   It keeps Calhoun County Commissioner Eli Henderson from paving more than a few of the 318 miles in his district each year, leaving the rest to buckle and erode.

   It forces Judy Harrington, mother of four, to pay thousands of dollars in taxes each year, making it that much more difficult for her to provide a better life for her family.

   See how we might find our way to meaningful constitutional reform and, once we get there, how it can result in enormous payoffs, tangible and intangible.

   We seek a new document because we want better schools, a fairer tax base and a litany of other changes, but we also want it because it could bring Alabama a certain amount of political maturity by energizing civil society and ushering in a populace and political leadership that is more aware and concerned about the future of this state.

   The powerful of generations ago saddled Alabama with this millstone that has taken us straight to the bottom of the pond. Now it is up to us, the people of Alabama, the people of Calhoun County, to demand that the state Legislature give Alabamians the right to vote on the question of a constitutional convention. This kind of radical change, we all know by now, will not willingly flow from the state Legislature. That body has now been given 100 years to make its move. Now it is our turn. If that sounds like a challenge, it is. For this is a deep wrong that needs righting, and the people of Calhoun County can play an almost spiritual role in bringing about a new constitution. In a way, our county carries an extra burden because of the constitution. The main perpetrator was Anniston railroad attorney John Knox, the president of the 1901 Constitutional Convention.

   Consider the poetic justice of Calhoun County’s populace leading the charge to fix what John Knox left so badly broken.

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Alabama Citizens for Constitutional Reform Foundation, Inc.
P.O. Box 34
Montgomery, Alabama 36101-0034


E-mail: accr@constitutionalreform.org
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