By Bob Johnson
The Associated Press
9/23/02 1:19 AM
MONTGOMERY, Ala. (AP) -- One of the arguments
often made by opponents of efforts to rewrite Alabama's 101-year-old
constitution is that a document that could raise taxes and legalize
gambling might be adopted without going before voters.
Amendment No. 1 on the Nov. 5 general election ballot
removes that objection by requiring that any new constitution, whether
written by the Legislature or by a constitutional convention, must
be approved in a statewide vote before it can be enacted.
A leader of efforts to replace the current constitution,
Secretary of State Jim Bennett, said he believes the Legislature would
have required that any new constitution be approved by voters anyway.
"Realistically speaking it would be political suicide
for the Legislature not to do that. But this nails it down without
question that the people have to ratify a new constitution,"
said Bennett, chairman of the Alabama Citizens Commission for Constitutional
Reform.
Bennett said there is nothing in the current constitution,
written in 1901 and amended more than 700 times, that would require
a statewide vote to ratify a new plan for state government.
In the 183 years since becoming a state, Alabama has
operated under six constitutions and three of those documents were
not ratified by voters, Bennett said. Those included the 1819 constitution,
which was adopted as Alabama won statehood, and two Civil War-era
constitutions.
Kathryn Bowden, executive director of Alabama Citizens
for Constitutional Reform, said the amendment "removes all doubt"
that voters would have the final say on any new constitution.
"This is a critical step to insure that any constitution
is approved by all the people," Bowden said.
An opponent of a new constitution in the Legislature,
Rep. J.E. Turner, R-Citronelle, said he agrees that there should be
a statewide vote on any new constitution. But he said he fears the
amendment is mostly an effort to keep the constitutional reform movement
alive.
"I think they're trying to get a foot in the door,"
Turner said. He said he fears citizens and local governments could
lose rights in the writing of a new constitution.
Rep. Jack Venable, D-Tallassee, said it would be possible
for the Legislature to set up a constitutional convention and stipulate
that a statewide vote would not be required.
"I seriously doubt any Legislature would do that.
But to pass this safety valve makes sure it never happens," said
Venable, who sponsored the amendment in the House.
Copyright 2002 Associated Press.
All rights reserved.
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