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By Dana Beyerle Montgomery Bureau Chief November 19, 2001 A portion of the first page of the 1901 Constitution of the State of Alabama. The men and women who represent Alabamians in Montgomery — who know first hand the impact that a 100-year-old constitution has on the state’s future — aren’t all that eager to weigh in on the subject of constitutional reform, if a recent poll is any indication. But a majority of legislators who did respond to a survey on constitutional reform said that change should come in a convention of elected members. Legislators were surveyed by The Tuscaloosa News during the special legislative session on redistricting that ended in September. Only 27 members of the Legislature responded to the poll, which was submitted to all 140 members. The 19 percent response rate is poor by any statistical measure. Several legislators said they never respond to polls. Some said they didn’t receive the survey, which was either handed to them, given to their secretaries in the Senate or placed in their in-boxes by the House clerk’s office. Of the respondents, 77 percent said the 1901 constitution retards Alabama’s education system and 63 percent said it hurts the relationship between blacks and whites. The “yes” vote on the education question mirrored answers to questions on whether the constitution holds Alabama back in terms of economic development (66 percent), political development (77 percent), race relations (63 percent) and self-determination, or home rule, (63 percent). An even 44 percent for and against said changes should be done at a convention of elected delegates. By a three-to-one margin, legislators said the state’s century-old constitution keeps students from their potential and does not treat residents of different races equally. “Something is holding us back,” said Sen. Bobby Denton, D-Muscle Shoals, a senior member of the Legislature. Denton believes Alabama’s impossible tax structure is wrapped up in the constitution. “Of course, our tax structure is one thing,” Denton said. “When you look at it, you’re the lowest in property tax in the nation, lowest in the nation in corporate tax, and common people are paying the state income tax.” Despite the overwhelming support for change by those who responded, Rep. Blaine Galliher, R-Rainbow City, said without leadership from a governor, lieutenant governor or House speaker, constitutional reform probably won’t go anywhere. “It’s been my experience in the Legislature that if you’re a House member, and even if you’ve got five or six or 10 House members who like to see legislation passed, it’s difficult to pass if it’s controversial,” Galliher said. Change by convention Gov. Don Siegelman, first as secretary of state in 1978 and now as governor, has called for changes to the constitution. Recently he told the Alabama Citizens for Constitutional Reform group that he favors a constitutional convention of elected members, a position supported by the ACCR. Galliher said he believes in a convention of elected members with input from the Legislature. “I do believe, and I trust, that the history has indicated that citizens are quite capable of doing what’s fair and equitable,” he said. The 1901 constitution was written by members of a convention and approved by voters — although there is strong evidence the vote was fraudulent — with provisions that severely limited county governments. Called home rule, only cities and towns can decide issues such as taxation and zoning. Counties must go to the Legislature for approval of even the most mundane issues, such as raises for county officials. About 70 percent of the more than 700 amendments are local in nature. Of the 27 legislators who returned surveys, 74 percent said counties should have home rule. And by a more than three-to-one margin, 74 percent for and 22 percent against, legislators said their constituents aren’t talking about constitutional change. Forty-one percent said their constituents are uninformed but 33 percent said their constituents are for it. “It’s got to be sold,” said Rep. Gerald Allen, R-Cottondale. “I’m hearing from leaders the average rank and file blue-collar taxpayer of this state does not understand what’s happening here and doesn’t see the reasons why we need a new constitution. “I’d say that it’s going to be very difficult to have any kind of reform without the top leadership [behind it], and in my opinion, that’s the cornerstone of anything you want to try to do.” Survey results: Here are results of the survey, with a “no answer” response the difference between vote percentage totals and 100 percent (not all answers total 100 percent): Should a vote of the people be required to change constitution? 98 percent yes, 2 percent no answer. Do you believe the constitution should be changed? 63 percent yes, 37 percent no. Should it be changed a few articles at a time? 70 percent yes, 19 percent no, remainder no answer. Should changes be done at a convention? 44 percent yes, 44 percent no, remainder no answer. Could you as a legislator vote for changes if they met your approval? 100 percent said yes; if it mostly met your approval, 89 percent yes. Should convention delegates be elected? 48 percent yes, 15 percent no, 37 percent didn’t answer. Should they be appointed? 11 percent yes, 37 percent no, the remainder didn’t answer. Should elected officials be delegates? 48 percent yes, 19 percent no, 33 percent didn’t answer. Does the 1901 constitution hold Alabama back in terms of? Education, 77 percent yes, 22 percent no; economic development, 67 percent yes, 33 percent no; political development, 74 percent yes, 26 percent no; self determination, 63 percent yes, 33 percent no. Does your average constituent discuss reform? 22 percent yes, 74 percent no, the rest no answer. Do you believe constitution reform is a code word for raising taxes? 48 percent yes, 59 percent no, the remainder no answer. Should counties be given “home rule?” 74 percent yes, 22 percent no, the remainder no answer. Reach Dana Beyerle at dana.beyerle@tuscaloosanews.com. Return to: Editorials Index Return to: Newspaper Series |
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| Alabama Citizens for
Constitutional Reform Foundation, Inc. P.O. Box 34 Montgomery, Alabama 36101-0034 E-mail: accr@constitutionalreform.org |
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