By Kelly Virella
Times Staff Writer
July
16, 2002
Gospel for some, the 310,000-word state constitution
is heresy to many who spoke Monday in Huntsville at the first in a
series of town hall meetings to discuss changing the document.
Sitting in the room where Alabama's first constitution
was written in 1819, members of the Alabama Citizens Commission on
Constitutional Reform heard from several dozen North Alabama residents
after a morning of lectures from four scholars.
They got an earful, mostly from people less concerned
with the technical issues raised by the experts than with the symbolism
of replacing the 101-year-old constitution. No reformers called for
publicly burning the document, which scholars say is the nation's
longest and oldest state constitution, but plenty heaped scorn on
it.
"Let's face it: The courts have had to tell us what
to do in many cases, from school desegregation to civil rights to
apportionment," said Mary Holdsombeck of Huntsville.
"I would say that the document is broke, and it's
high time to do something about it."
Four of the 36 who spoke Monday defended the constitution.
"I can think of a lot of very valid reasons to rewrite the constitution,
but I'm opposed to it," said Paul Noel of Harvest.
"This is not an effort to rewrite the constitution.
This is an effort to remove proration, which causes the state to live
in its budget."
The meeting was sponsored by the 23-member commission,
a statewide group chaired by Secretary of State Jim Bennett that has
been spearheading the recent effort to rewrite the 1901 constitution.
This past spring state lawmakers failed to act on a bid to put the
question of holding a constitutional convention on the November ballot.
The commission plans three similar sessions: in Birmingham
Sept. 9, in Mobile Oct. 21 and in the Auburn-Opelika area Dec. 9.
The commission will use the lectures and public comments at each to
form recommendations it will give to the governor and the Legislature
in January.
Several speakers said they are sometimes ashamed to live
in Alabama and argued that a constitutional rewrite would elevate
the state's poor national image.
"We're not just concerned about taxes; we're concerned
about the impression we give to the rest of the world," said
Adele Lyford, who moved to Huntsville from Southern California. "I
want my children to say they're proud to be from Alabama."
"I ask myself what has Alabama done to deserve this
reputation," said Dorcas Harris of Huntsville. "We've held
on to old, worn-out, self-destructive ideas that were worn out from
the start."
The constitution effectively disenfranchised blacks and
women. Although it has been amended 713 times, two black women from
Huntsville said completely rewriting it would help the state face
and stand down its infamous opposition to civil rights.
"Race is the only reason we're dealing with this,
people," Marjorie Battle said. "We still don't have full
inclusion in Alabama. That's really what this new constitution is
about."
Juanita Sales said a new constitution should be written
"if for no other reason than to give us a share in the drafting
of it." Sales also said civil rights provisions in the Alabama
Constitution should be augmented.
Heavy applause followed Sales' and Battle's comments,
and shouts of "Amen!" rose from the mostly white crowd.
But some in the audience took umbrage at the notion Alabamians should
be ashamed.
"I don't want Alabama to be like every other state,"
said Terri Fulton of Huntsville.
Noel criticized California, which two reformers proclaimed
was their home state. "California's problem is there's too much
democracy," he said, eliciting boos and hisses from the audience.
"I've never apologized for Alabama anywhere I go,
and I've covered one-third of the globe," said Bill Scarborough.
Defenders of the constitution said reformers who want
to change the state's image are trying to divert attention from the
real issues.
"This is just a smoke screen," said Kenneth
Freeman of Lacey's Spring. "What this is about is tax increase,
zoning and land-use regulations."
Freeman said archaic portions of the constitution should
be put in a "warehouse" and the rest of it left undisturbed.
"Don't burn down the barn," he said. "Let's fix it."
Two reformers countered that they aren't hiding their
hopes the state will raise taxes. "It's too bad that too many
of my friends' kids go to school in trailers and that so many of our
teachers are leaving for Georgia," said Jamie Miernik of Huntsville.
"You get what you pay for."
Many speakers argued that the constitution should be
revised to give Alabama counties more autonomy, or home rule. Under
the current system, the Legislature writes many of the laws governing
counties. They are introduced in the Legislature as amendments and
must be put before the entire Alabama electorate before becoming law.
"In my 14 years as a resident of Alabama, I have
been asked to vote for issues that I don't know about for counties
in Alabama that I don't know where they are," said Miernik.
More than two-thirds of the 713 amendments are local
acts, scholars say. Woody Sanderson of Harvest offered some examples.
One of those: Amendment 520 allows Madison County to excavate human
graves, he said.
Reform opponent Freeman said Alabama can get rid of local
acts without rewriting the constitution. "Any county that wants
home rule can have it," he said. "All they've got to do
is ask."
Fulton, another opponent of reform, said greater home
rule does not equal greater democracy: "Home rule is not by the
people it is appearing to be by. It is by commissions and boards."
Besides, Fulton said, the average Alabamian couldn't
afford the services the newly empowered counties of Alabama would
want to offer. She rattled off the names of states whose tax burdens
she said became astronomical after constitutional reform.
"I'm not in Silicon Valley making thousands and thousands of
dollars," she said.
Times Staff Writer Kelly Virella can reached
by email at kellyv@htimes.com
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