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Editorial
July 21, 2002

   There are all sorts of arguments to be made for a new state constitution that are based on efficiency and public policy. There is also one to be made purely on the basis of what is right, on the symbolic importance of leaving behind a document grounded in discrimination and embracing one grounded in equity.

   That sentiment was poignantly expressed by an Alabamian who attended the first meeting of the Citizens Commission on Constitutional Reform in Huntsville on Monday.

   “I love Alabama,” said Juanita Sales of Huntsville. “You wouldn’t know Alabama loves me in reading the constitution.”

   Indeed you would not. When the 1901 Constitution under which Alabama operates was drafted, no one like Juanita Sales was considered.

   There were no females in that constitutional convention. There were no blacks.

   The overriding purpose of the document was to disenfranchise black Alabamians and, effectively, poor whites as well. Women, black or white, didn’t fare any better. By centralizing authority in the Legislature and sharply limiting the power of local governments, the creators of the constitution made it easy for a relative few to control things in Alabama.

   The impact of their work has been felt in Alabama for a century. Even with the most egregious elements of racism negated by court decisions, the document still contains provisions that should make all Alabamians ashamed.

   “There is no need to bring that into the 21st Century,” observed state Supreme Court Justice Gorman Houston, who said he is offended every time he has to read the racist words of those who wrote the constitution.

   That is by no means the only problem with the constitution. With a staggering 713 amendments – and 38 more to be voted on in November – it is the longest state constitution in the nation, and very likely in the world.

   It is cumbersome, but worse than that is the unresponsive government with which it has saddled the state for 100 years. It has established and preserved a taxation system that is unjust and that is sadly inadequate for the needs of the state. Nothing argues persuasively for keeping it.

   The commission – a properly diverse group of Alabamians, unlike the 1901 convention – will make recommendations to the governor and Legislature in January. As the commission holds its meetings around the state, Alabamians should seize this opportunity to speak out for the reform that their state has needed for a century.

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