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Out of fairness,
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Commentary Thomas E. Corts April 13, 2003 No person living today voted for Alabama's 1901 Constitution, so we bear no blame. But, if we cannot marshal the will to update that constitution, the shame is all ours. As proposed by Alabama Citizens for Constitutional Reform, key benefits could result from constitutional revision. First, comprehensive tax reform is sorely needed, because Alabama has an income problem, far greater than its expense problem. And tax reform requires changes in the constitution. Of course, we all decry waste, and we are for making every dollar count. But, with the lowest real-estate taxes in the nation, we will never economize our way to quality public education, to meeting the responsibilities imposed on states by the federal government regarding prisons, mental health, medical care, the environment, etc. Alabama has to meet those standards, regardless of the cost, and the alternative is to be under federal court order a status not unfamiliar to Alabama. Overarching even these demands is the responsibility of the citizenry to provide free public education to every child. Alabama does not have the revenue to support a quality education system. Almost every school system annually assesses students a fee, almost like tuition, requiring parents to pay $20 or $50 per child for incidental supplies. Thus, public education in Alabama requires fees, so that a family with two or three children in a K-12 school is writing a substantial check, just to be able to afford Alabama's "free public education." That is not the case in most of the 50 states. That is a shame upon Alabama. Almost every teacher in our state buys supplies out of the teacher's own pocket. Time and again, teachers have told me of buying, not just shoes and even medicines out of compassion for individual students, but also chalk, pencils, software for computers, teacher's kits and even furniture because there are no funds. That is a shame on Alabama. I was astonished to find that many school systems in our state ask families along with this $20 or $50 mentioned above to send with their students a few rolls of bathroom tissue and/or paper towels, if possible. Simply stated, our citizens need to know that we cannot expect quality public schools if our local governments are beggars for mere toilet paper, and we have to have our children BYOR, "bring your own roll!" Fairer taxes: But while this state needs tax revenue to better meet its obligations, it also needs a fairer tax structure. Alabamians have a deep sense of fairness. If we share with them the stark truth, that the heaviest total tax burden is now on those with the least income, citizens will understand and agree to change it. Baptists, Methodists and other leading religious groups have called for a fairer tax system. Alabama presently keeps ad valorem, or property taxes, extremely low, but income and sales tax levels are in line with other states. We start taxing people on their first $4,600 of income. We tax food and basic essentials of life. No one designed this system it simply grew, bit by bit. So why not now devise a tax structure that provides the essential revenue, but with each of us paying our fair share, with tax laws that are not embedded in the state constitution? Legislators have told me of their frustration that about half of the Legislature's business relates to local issues. Why? The way our American system was devised, we need federal, state and local governments. The state need not usurp power vested in local officials. Democracy requires that decisions be made close to the people, and local government must have authority and be held responsible and accountable. The time, attention and intellects of state legislators should be free from locally oriented measures to consider the statewide picture, the future, to not simply solving problems, but anticipating them and taking action ahead of problems. Some form of home rule, on a local option basis, if necessary, would, we believe, make Alabama a more effective and more responsive state. Those who approved our 1901 Constitution never assumed it would become bloated with more than 700 amendments, far bulkier than the original document, allowing "the tail to wag the dog." Yet, amendments are not organized according to subject, but in chronological order. The resulting confusion requires a "needle in the haystack" search to find what is the applicable, constitutional provision. Recompilation would be a help. Now, having said that, we believe recompilation, or reorganizing the constitution, would not solve many of the problems so thoroughly integrated into the document. Long term, a cleanup of the language, of duplication, and coordination, will be necessary, but recompilation could head us in the right direction. Some form of line-item veto seems appropriate. It is one management tool a state can use to assure the best possible allocation of resources, and an effective means of balancing the powers of the executive and legislative branches. A veto is not absolute, but can be overridden. Yet, it balances spending authority, while giving the people a chance to understand the justification for certain actions by their government. Automatic review: ACCR encourages an automatic reconsideration of the constitution. Florida and other states require that their constitutions be reviewed every 20 years. It ensures that we do not simply accumulate problems, as Alabama has done over the past 100 years. And, knowing the pace of change in our world, our state would be a step ahead of many others, if we were adaptable to the world of tomorrow. To provide for periodic review of the constitution does not require change only that a commission consider what is best for the times, whether adjustment is needed. Why does our state earmark so much revenue? The answer comes back that we do not trust our elected representatives to use discretion: We earmark funds to deny them the freedom to use it, except in specified ways. No one could run a business that way with almost every dollar of revenue restricted to some designated use. If the roof leaks, obviously, the most crucial need is for funds to fix the roof. But if forced to wait until "roof revenue" comes in, it may be a long, wet wait. Discretion and decision-making are what government is about. By restricting so much revenue, we may give undue influence to lobbyists and special interests that can manage to get a particular measure passed. We must cultivate trust, responsibility and accountability, vesting confidence in elected representatives to do the right thing. Constitutional reform can transform Alabama's shame into pride. The vitality of the American system to renew, self-correct, change that spirit has inspired Alabamians to change their constitution six times previously. Now is the time for Alabama to demonstrate the robustness of American democracy by reforming its constitution. What could be more patriotic? Thomas E. Corts is president of Samford University and served as chairman of Alabama Citizens for Constitutional Reform and the Alabama Citizens' Commission on Constitutional Reform steering committee. Return to: Constitutional Reform ~ In the News Return to: Editorial Index |
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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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