By David White
News staff writer
January 10, 2002
MONTGOMERY — Leaders of the Legislature said
Wednesday they saw no immediate wave of support among lawmakers for
Gov. Don Siegelman’s proposed constitutional convention, partly
because the governor has given no details.
“I have not had any discussion with the governor
about this at all,” said Speaker Seth Hammett, D-Andalusia, leader
of the state House of Representatives. “So I don’t know
any of the details.
“I don’t see any groundswell of support for
that among the members of the House at this time. That could change.”
The top-ranking state senator, Sen. Lowell Barron, D-Fyffe,
also said Siegelman has given him no information besides what he said
during his State of the State speech to the Legislature on Tuesday.
“I assume he’ll send something over and we’ll
discuss it,” Barron said. He said the Legislature has many other
issues to deal with, as well, and urged caution. “I think a great
deal more evaluation and study needs to be given to it,” Barron
said. “The constitution is a very serious matter. It’s been
with us 100 years.”
Siegelman in his speech asked legislators to call a convention
to rewrite the constitution. Voters in November then would decide
whether to allow a convention or reject the idea.
Siegelman refused Tuesday night and Wednesday to give details, such
as how many delegates there would be or how delegates would be selected.
“I’m not going to talk about that today,”
Siegelman said at a press conference Wednesday. His press secretary,
Carrie Kurlander, later said Siegelman likely wouldn’t offer
details until next week, at the earliest.
Delegates to a convention, whether appointed by the governor or lawmakers
or elected by voters, could make sweeping changes to state taxes,
gambling policies, spending priorities and government, including the
structure of the courts and executive and legislative branches.
They also could change the way public schools and universities
are controlled and change the powers given to cities and counties,
among many other issues.
Process for rewrite:
To rewrite the constitution, two things would have to happen.
At least 18 of the 35 state senators and 53 of the 105 House members
would have to vote to authorize a convention. Then a majority of state
voters would have to approve holding the convention.
But the constitution says nothing about how many members
would attend the convention or how they would be selected. Those details
could be outlined in a resolution or law that would go before the
voters, said Jerry Bassett, director of the Legislative Reference
Service, which drafts proposed laws.
While the current constitution gives voters the final
say on whether to hold a convention, it does not give them the power
to reject a new constitution drafted by a convention.
That could change Nov. 5.
A constitutional amendment on the ballot that day would
require any rewritten constitution to go the citizens for a vote.
Hammett said he and many other lawmakers would rather
rewrite the constitution piece by piece. He plans to ask the Legislature
this year to revise six of the 18 articles in the constitution. Voters
could accept or reject each proposed change on Nov. 5. Those articles
deal with citizens’ rights, state boundaries, the rights and
powers of corporations, banking, the National Guard and impeachment
of public officials.
Hammett said he’d likely lead the charge next year
for a constitutional convention if those articles aren’t changed
this year.
But he argued that voters would be more likely to approve
a new constitution if they could review each section separately. Getting
voters to accept an entirely new constitution could fail if some disliked
one section and some disliked another section enough to vote against
the whole document, he said.
Rep. Mark Gaines, R-Homewood, warned that powerful lobby groups could
control a convention if delegates were elected. He said a new constitution
could turn out worse than the one now in effect.
“I’m fearful if you have a citizens’ convention
that’s elected, the special interests would step in and fund
the campaigns of everybody,” Gaines said.
Sen. Tom Butler, D-Madison, said he’s all for calling
a convention, even though he’s heard no details.
“I’m for whatever it’ll take to get constitutional
reform, whether it’s a convention or whether the Legislature
does it article by article,” said Butler, leader of the caucus
of Senate Democrats.
He said he especially would like to rewrite the constitution
to give county commissions more power. Now, they must get many administrative
changes approved by the Legislature.
Butler also said he’d like to give lawmakers more
discretion over spending taxes. Most taxes now are earmarked, or reserved,
for specific purposes, such as paying teachers’ salaries.
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