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By Mike Goens Senior Editor January 24, 2003 HUNTSVILLE – It's taken Gov. Bob Riley only three days to take the first step toward modifying a controversial 102-year blueprint for government in Alabama. Riley used his first executive order as governor to form the Alabama Citizens' Constitution Commission on Thursday. The commission, which will have about 30 members, will have 120 days to make recommendations about how to "correct numerous basic flawed provisions that have held us back economically and socially." The governor wants the recommendations to be presented to the state Legislature during its upcoming session, which begins March 4. "This has been too long in coming," Riley said Thursday, using Constitution Village in Huntsville as a backdrop. The state's first constitution was drafted there in 1819. The constitution was last revised in 1901 and has been amended more than 700 times, far more than any state's constitution. Some people, such as Samford University President Thomas Corts, had been an advocate of a complete revision of the document, preferably through a constitutional convention. Some groups have argued the document should remain untouched out of fear that a revision would lead to more taxes or result in references to God being taken out. Others, like Riley, who have taken the middle ground in the controversy, say some revision is needed but not a complete overhaul. Corts, chairman of Alabama Citizens for Constitutional Reform, praised Riley for his initiative and pledged to work with the commission. He said his group remains committed to comprehensive constitutional reform. "Substantive constitutional reform must address the critical areas of education, revenue and indebtedness, governmental organization and economic development," Corts said. Riley said the commission offers the best chance to bring quick and meaningful reform to how state government in Montgomery operates. He said it's possible Alabama residents could vote on the recommended changes in the next general election, which will be in November 2004. He said the commission's work will be the first step in the process. He said the commission will look at other problems with the constitution after dealing with the document's structural problems that are keeping Alabama from competing with other states. Another, and perhaps more significant, part of the process will be tax reform. Riley said Thursday that another group, mainly members of his cabinet, will start working on that issue soon. He did not predict when their work would be completed. "If we can get to a point where we have a good product, we will bring it (to the Legislature)," Riley said. "We're not going to rush (tax reform). We want something comprehensive and lasting." His focus Thursday remained on the newly formed commission. Riley has listed three major areas of the constitution that he wants the commission to address during its initial work, including: • making limited home rule available for Alabama counties. Any extension of home rule shall not allow local tax increases without a direct vote of affected residents. • earmarking of state money, while ensuring that the school systems are funded fully. Riley said 92 cents out of every $1 in state money is earmarked. He said the state nearest Alabama earmarks only 52 cents from each dollar and the average is 25 cents. • the feasibility of granting the governor line-item veto power, with possible super-majority override requirement from the Legislature. Commission members will be announced within a week. They will include constitutional law experts; former public officials; education, business and civic leaders; and others. Riley named former Secretary of State Jim Bennett, a Republican, as chairman and Lenora Pate, who unsuccessfully sought the Democratic Party nomination for governor, as vice chairwoman. "Whether we revise the constitution is no longer the argument," said Bennett, noting that 61 percent of Alabamians favor some form of constitutional reform. "We need a constitution that speaks more to this century than the last." Pate called Alabama's constitution an "outdated, immoral, irresponsible and fundamentally flawed document." The constitution still contains language that limits the rights of blacks, women and poor whites. Most of those provisions are moot because of federal law, but the references remain. The other major complaint voiced by Corts and other advocates of reform is the constitution was written to protect the interests of large landowners, which results in unfair tax distribution and makes funding education and other services inconsistent. The governor said no one can defend the state's tax structure. Riley said people have tried to completely rewrite the constitution for 90 years, "and it's not going to happen." He said the thought of a constitutional convention "gave me some heartburn." That's why he likes the commission approach. He said a commission also places safeguards limiting special interests. All changes would have to be approved by the Legislature and Alabama voters. Mike Goens can be reached at 740-5740 or mike.goens@timesdaily.com Robert Palmer can be reached at 740-5734 or robert.palmer@timesdaily.com. 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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