By Mike Sherman
August 17, 2001
A group that has pushed for a new Alabama
Constitution for more than a year has endorsed an elected convention
to draft the document.
Alabama Citizens for Constitutional Reform endorsed reform
of the basic ground rules for state government adopted in 1901, but
had not supported a specific method for change.
Thomas Corts, president of ACCR, said in a Capitol news
conference Thursday that with the exception of a 1973 Judicial Article
that governs the courts, top-down attempts at constitutional reform
have failed.
"The people of Alabama, through a convention of their
elected delegates, should be the ones to write a new constitution,"
Corts said.
Corts said the power structure of the state excluded
African Americans and women from the constitutional convention in
1901 and wrote a document so restrictive that it has been amended
706 times.
"One hundred years later, we the people of Alabama can
draft a document that speaks directly to our values and our needs,"
Corts said.
A convention would be less susceptible to special interest
groups than the Legislature, he said.
Corts also said ACCR's board has adopted principles which
should be part of any new constitution.
A new document should keep the preamble to the 1901 constitution
that invokes the favor and guidance of Almighty God, Corts said. Corts
also is president of Samford University in Birmingham, which is closely
affiliated with the Southern Baptist Convention.
ACCR also wants to keep the Judicial Article, which is
considered a national model. Any new constitution also should contain
a declaration of rights; limit government to public purposes, "including
the assurance of quality education"; and home rule to allow local
people to make decisions about local matters, unless those local voters
prefer otherwise, Corts said. Any new document should be subject to
a statewide vote, he said.
John Giles, president of the Christian Coalition of Alabama,
said, "There is no guarantee that we would not have a runaway convention
with special interests lurking over Montgomery."
He said his group favors stripping the 1901 document
of racist and outdated language and using the condensed result as
a starting point toward "issue-by-issue reform" debated by both legislative
chambers and put to the people for a vote."
Others dislike the convention idea.
"If you get a new constitution in Alabama it won't be
done through convention. It should be done by the Legislature with
citizens approving or rejecting," Rep. Alvin Holmes, D-Montgomery,
said.
"I favor article-by-article change with a vote by the
people on each one," Holmes said.
Rep. Mac Gipson, R-Prattville, who supports a convention,
says the Legislature has proven it will not approve even piecemeal
reform of non-controversial parts of the constitution.
Gov. Don Siegelman endorsed the concept of constitutional
reform, but kept it on a back political burner until summer when he
said it is the long-term hope for solution to the education funding
crisis.
Carrie Kurlander, his press spokeswoman, said Siegelman
has favored a convention since 1977.
Corts said he believes that special-interest influence
on convention delegates could be reduced by increasing public scrutiny
and limiting the duration of a campaign "so you wouldn't have to raise
a half-million dollars to run a good race."
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