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Bailey Thomson
October 14, 2001

   The tragedy of Sept. 11 taught us Americans something important about our civic life: We no longer can take it for granted.

   Indeed, our democracy's strength becomes our greatest defense against fanatics who wage terrorism against our nation. Our ability to reason together as citizens to solve our common problems will mean more for our survival as a free people than the weapons we muster against evil.

   In response to the recent savagery, Americans have drawn upon a civic foundation bequeathed by generations of unselfish citizens who left this nation better than they found it. Now comes our turn, especially those of us born since World War II, to strengthen that foundation so it can withstand a hundred such tragedies, if need be, to preserve our liberty and our values. Where do we begin to mount this defense of democracy?

   We begin at home within our communities and within our state. And certainly, no state needs to do more to strengthen its democracy than does Alabama.

   Toward that end, I invite you to attend a conference on Oct. 23 titled "Why Alabama Can't Wait." It will at the Richard M. Scrushy Conference Center in Birmingham, beginning at 9 a.m. and lasting through lunch.

Neglectful:

   For a century now, we in Alabama have been dangerously neglectful of our democratic institutions, with the result that a deep cynicism pervades our state's civic life. We see this cynicism in the extraordinary influence that special interests exercise over our state government. We see it in the failure of our educational system to prepare our children for the future. And we see this cynicism in the denial of local democracy to our urban counties, who remain at the mercy of their legislative delegations.

   The source for much of this cynicism is an antiquated and racist state constitution that leaves our government ineffective and unresponsive to citizens' needs.

   My students often are shocked to learn how Alabama's brutal history is filled with disappointments and lost opportunities. Our present state constitution, framed and ratified through a fraudulent election in 1901, sought to disembowel Alabama's democracy. By removing almost all of black voters from the rolls and an even larger number of poor whites, this document put power in the hands of the privileged few.

   The framers didn't stop with voting, however. They sought to freeze Alabama's progress by crippling its government. They even forbade the state from building roads, bridges and other necessities for a modern economy. As for public schools, the often-heard response at the 1901 convention was that education spoiled a good field hand.

   Over the past century, progressive governors and other political leaders have tried to wrest power from the special interests that have fattened under this document. One limited but important victory was the reform of our courts in 1973. Chief Justice Howell Heflin led that movement.

   The Legislature's typical response, however, has been to patch the old document's myriad defects, rather than address its fundamental flaws. Thus, the 1901 constitution now has 706 amendments. At 315,000 words, it is 12 times longer than the average state constitution.

   But length is not the major issue. We could live with an absurdly long constitution if it addressed the needs of a modern state. Our constitution fails this test at every turn.

Deflating:

   So can anyone really blame our citizens if they are distrustful of their political system? What we have in Alabama seems deliberately designed to thwart effective government and to deflate citizens' aspirations.

   The 1901 constitution, which looked resolutely back to the 19th century, discouraged people from even trying to move our state forward. As early as 1914, Gov. Emmett O'Neal, in a speech at the University of Alabama, declared that the constitution had placed a straitjacket upon our state government.

   I believe, however, we can change our political culture in Alabama. And I believe that writing a new constitution is where we begin to remove the shadow that fell over our state 100 years ago.

   The encouraging news is that Alabamians are beginning to connect the serious deficiencies of their state with its 1901 constitution. And they are beginning to ask important questions. Why must we tolerate such an outdated and mean-spirited document? Why do we intentionally cripple our democratic institutions, especially those close to home? And why should the dead hand of a disreputable past limit our hopes for the future?

   In the past 18 months or so, we have seen many positive signs that Alabamians are ready to rejuvenate their democracy and its civic life. We now have a grass-roots organization called Alabama Citizens for Constitutional Reform. It counts among its leaders statesmen such as former Gov. Albert Brewer, former U.S. Rep. Jack Edwards and Samford University President Thomas E. Corts.

   Newspapers across the state now clamor for a new constitution. Moreover, these papers with their reporting and editorials have helped educate thousands of readers about the need for a modern document.

   Gov. Don Siegelman is now an outspoken advocate for a new constitution. Equally important, two of his Republican challengers, Lt. Gov. Steve Windom and U.S. Rep. Bob Riley, have publicly called for a new document.

   But most important is how the message is beginning to sink in with Alabama's citizens. A recent public opinion poll by the Capitol Survey Research asked people to gauge the importance of writing a new constitution. Fifty-five percent responded important or very important. By the way, a majority of Alabamians consistently say in such polls that they want a convention, rather than the Legislature, to write a new constitution.

   With such a convention in mind, ACCR helped persuade the Legislature in its recent special session to approve a constitutional amendment. It will remove any doubt that voters will have the final say in ratifying any proposed new constitution.

   The guiding principle for ACCR is that citizens should be the ones who write a new constitution, through their duly elected delegates. This process should be open and democratic in every way. Toward that end, ACCR hopes to see the 2002 election become a mandate for the Legislature to call a constitutional convention.

   My hope is that good citizens will see this opportunity to set a new course for our state one dramatically different from the weary and often tragic trajectory imposed upon Alabama by the 1901 constitution. We cannot go back and make amends for all the damage this present document has done to our state and to our democracy. But acting together through a renewed and hopeful civic spirit, we citizens can ensure that no one is left behind in the Alabama of the future.

   We can write a new constitution and show the world and ourselves what kind of people we really are.

   Bailey Thomson is an associate professor of journalism at the University of Alabama. He is also a director of Alabama Citizens for Constitutional Reform. You can write him at Thomson@jn.ua.edu.

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