Editorial
January 26, 2003
When the issue of updating
and revising the Alabama's antiquated 1901 Constitution comes up,
we believe that a majority of Alabamians can be persuaded that it
should be done.
So why hasn't it happened?
The first reason is that the people who hold the reins
of government came to power under the existing constitution, so many
of them have a vested interest in maintaining the status quo. That's
not only true of elected officials, but of the shadow government --
lobbyists and special interests -- as well.
Because they hold the reins of power, they are in a position
to block efforts to rewrite the state constitution.
But another reason that little gets done in constitutional
reform is that those who support modernizing the constitution are
so divided in how it should be done.
There are those proponents of change who believe that
a constitutional convention that would undertake writing a completely
new constitution is the best way to go. Former Gov. Don Siegelman
fell into this camp. But there are others, including Gov. Bob Riley,
who think the best method of reform is a commission approach that
attempts to address the worst problems in the 1901 Constitution.
Riley set such a process in motion last week when he
named a commission to be chaired by former Secretary of State Jim
Bennett. The vice chairman will be Democrat Lenora Pate, which will
give the commission a bipartisan feel.
We believe that the best method of reform is a constitutional
convention, with protections written into the laws setting up the
convention to keep it from being dominated by special interests or
elected officials.
Frankly, the 1901 Constitution so strongly favors special
interests and has such a foundation in racism that throwing it out
and starting from scratch has a strong appeal. And we trust the people
of Alabama to do the job.
Both methods would require approval in a referendum of
the people of the state, so the voters could kill any document created
by either a "runaway convention" or a "runaway commission."
But more important than how constitutional reform is
achieved is that real reform is actually achieved. And now that Riley
is governor, the best chance for reform is through the commission
approach.
Riley's statements in announcing the creation of his
commission show that he recognizes at least some of the biggest problems
with the current constitution.
For instance, he suggested:
• Greater home rule for counties so they can address issues such
as zoning and economic development without having to go to the Legislature.
• Changing the current system that earmarks most state tax revenue
for specific purposes.
• Granting the governor a line-item veto -- the power to veto
specific items in state budgets without rejecting the entire budget
bill. By naming Bennett to chair the commission, Riley may have sent
a signal that he would accept some of the stronger recommendations
of the Alabama
• Citizens' Commission on Constitutional Reform, which released
its 22-page report recently. Bennett chaired that study group as well.
Its recommendations grew out of a series of public meetings
held around the state last year, as well as comparisons with the constitutions
of other Southeastern states.
We applaud the state's new governor for living up to
his campaign commitment to seek constitutional reform through the
commission approach. Such an approach is less likely to achieve sweeping
reforms, but it could make the 1901 Constitution a much more palatable
document.
As the Alabama Citizens' Commission on Constitutional
Reform noted, "More important than how reform actually occurs
is the success of any such effort."
Everyone who recognizes how the 1901 Constitution has
handcuffed this state should hope that Riley's commission is successful.
If differences over how to bring about reform divides those who want
it, it may be another century before significant constitutional changes
occur.
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