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By Mike Goens
November 18, 2001

   "There’s no turning back once the constitution is open to reform," said Smith, executive director of the Association for Judeo Christian Values. "God help us if it ever happens."

    Smith’s group has been the most outspoken against constitution reform. She said the reform effort is being led by people with a liberal agenda who want legalized gambling, increased taxes and the elimination of references to God in the constitution.

   "They will slip things in that will tear down our state and tear down our moral values," Smith said.

   Academics and others who favor constitution reform are just as passionate.

   Proponents stop short of saying they want to rip out everything in the constitution and start over, but most agree a major overhaul is needed.

   Somewhere in the middle are lobbyists and other special-interest groups that want to see the state take a cautious approach to constitution reform. They would like to see some of the old and embarrassing verbiage taken out of the document, but they also want to protect their own interests.

   Bill Stewart, retired professor of political science at the University of Alabama, said Smith’s group is the most openly hostile to constitution reform, "but the association won’t be as big of a factor as some groups" like the Alabama Farmers Federation.

   "Several interests might be quiet right now, but if the ball gets rolling, you’ll find other groups that won’t be supportive," said Stewart, a constitution scholar and a proponent of reform. "There are amendments by the score that benefit specific areas of our economy. They don’t want to risk losing those benefits with a rewritten constitution. They will be very eager to make sure that any new constitution won’t put them in a worse position."

   Stewart and others in the academic field who support reform say they have heard opponents accuse them of self-serving agendas. They say nothing is further from the truth.

   "There’s no way I can personally benefit, nor can this university benefit," said Thomas Corts, 60, president of Samford University and director for the Alabama Citizens for Constitution Reform group. "I’m not after any job, and Samford doesn’t get any money from the state. My tent is pretty well pitched. My only motive is to see this state be the best it can be."

   Smith, although conceding there are "things in there that shouldn’t be there," said the current constitution serves as a protector of individual rights and keeps government from raising taxes without permission of the people.

   "The constitution is our moral foundation," she said. "When you take God out, you’re taking our cover out."

   Smith takes exception to a revision of the state constitution’s bill of rights written by state Rep. Jack Venable, D-Tallassee. The revision, which has not been passed, states that "men and women are created equal." Smith said men and women already are considered the same and the word man in the constitution is considered mankind.

   "That’s just part of the feminist movement that wants to bring in things that are really bad," Smith said.

Taxation and proration

   Other opposing groups seem to focus on what constitution reform would do to the tax structure in the state, given that there is little question that a revision likely would address the way tax revenue is collected and distributed.

   Gov. Don Siegelman and others say budget shortfalls for education are directly tied to an outdated constitution. They contend that "constitutional loopholes" that protect corporate landowners are shortchanging schools and other state services.

   "It is time that we remove the unfair tax burden placed on the working families of Alabama by this constitution," said Stewart Burkhalter, president of the Alabama AFL-CIO, which claims 130,000 members in the state. "It’s time that we make the large corporate landowners of this state stop hiding behind the family farm and pay their fair share of property taxes.

   "This is the only way we can avoid future proration in education funding. It’s the only way for the working people of Alabama to have a fair chance at getting and keeping good jobs."

   Paul Hubbert, executive director of the Alabama Education Association, is a proponent of constitution reform. Opponents say Hubbert, perhaps the most powerful lobbyist in Alabama, will try to manipulate any reform process to make sure education gets more than its share.

   However, Hubbert steers clear of any debate about how his membership and the education system could benefit from constitution reform.

   "They wrote the constitution as an almost sure-fire way to disenfranchise at least half of our citizens at that time," he said.

   Smith said Hubbert and others are trying to "manipulate people through a liberal agenda."

    "The black community in Alabama is being used, and I have several close friends who are black who understand that," she said. "Prejudice no longer exists in our constitution."

   Hubbert says the constitution limits the state’s ability to have a fair tax structure and lays the foundation for unfair taxation.

   "Alabama treats its working class more shabbily that any other state," he said. "Some workers are paying up to 12 percent of their checks to the state, while some corporations pay less than a penny on the dollar because of tax breaks. That whole document is predicated on the needs of the so-called ruling class of landowners and big-city industrialists."

   To Alfa, Eagle Forum and similar groups that want the state to take a cautious approach to constitution reform, tax reform is paramount.

   "We have been closely studying this issue for several years and we’ve determined that what’s driving this debate is radical tax reform," said Mike Kilgore, executive director of Alfa. "If the people are going after tax reform, then they shouldn’t hide behind the curtain of rewriting the constitution.

   Kilgore said Alfa favors the limitations on taxing that is provided in the constitution. He said the group has concerns about home rule and doesn’t want regulatory control over agricultural issues handled individually by all 67 counties.

   The Alabama Eagle Forum, Alabama Policy Institute and many other groups share that view on taxes. They say local governments should not have the authority to approve additional taxes.

   "Alabama’s regressive tax code needs to be repaired, but one of the biggest issues that needs to be addressed is spending," said Gary Palmer, a spokesman for Alabama Policy Institute. "Our government simply spends too much money. When they don’t have enough money left, they want to raise taxes. We need the protection our constitution provides us."

   Eunie Smith, state president of the Alabama Eagle Forum, said she’s concerned that some proponents want to remove the requirement that the people must vote on any proposed tax increase.

   "That is very wrong," she said. "We don’t need to give government any more authority than they already have when it comes to tax increases. They should not be allowed to add taxes without consent of voters."

   Smith said Eagle Forum does not oppose "cleaning up the constitution," but wants the process to proceed slowly. She said her group would like to see unconstitutional provisions removed. The group also wants amendments dealing with specific counties logged separately from the basic text of the constitution.

   Alfa does not oppose revision of the constitution, but Kilgore said it should be done article by article instead of calling a constitutional convention.

   Corts and numerous proponents say special-interest groups have too much control over the Legislature. Corts said those groups should not be allowed to taint the process.

   "Anyone who thinks a convention won’t be controlled by special interests is very naive," Palmer said. "Paul Hubbert and several other lobbyists will be heavily involved for their own interests.

   "We should all be involved to protect our own interests."

   Most legislators want any revision of the constitution to be handled in a convention. State Rep. Todd Greeson, R-Ider, has introduced legislation that would prevent any person seeking to become a delegate at the constitutional convention from accepting contributions from a political action committee. He said the bill is necessary to keep politics out of the process.

   Stewart said the toughest task is getting average Alabamians involved.

   "Most people don’t understand it," Stewart said. "They can’t see the relevance the constitution has in their lives and what impact a new constitution would have. "We were all taught in school to honor and uphold the constitution. It’s just hard to honor a document with so many problems."

Mike Goens writes for The Florence TimesDaily.

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