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July 20, 2002 If the Legislature thought it could derail constitutional revision in Alabama by shelving reform proposals this year, it was terribly mistaken. A landmark session that opens Monday in Huntsville shows that the grassroots constitutional reform movement is very much on track. The Alabama Citizens’ Commission for Constitutional Reform chose Huntsville as the site of its first meeting of four statewide because the north Alabama city is where a convention drafted the state’s first constitution in 1819. Since that time, the state has adopted five more constitutions. The latest, enacted 101 years ago, is the infamously antiquated, much-amended Alabama Constitution of 1901. Written to protect the interests of white south Alabama landowners, who sought to control the state from Montgomery, the 1901 constitution did its job well. So well, in fact, that Alabama has had difficulty moving into a new century, a new millennium and a new era in politics and society. The racist language of the old constitution has long been a bone of contention. U.S. Supreme Court decisions since the 1950s have nullified the most repressive provisions, however. Even so, much of the other machinery the land barons placed in the 1901 constitution remains remarkably intact. Paramount among these is the lack of home rule for local governments. They have to go begging, hat in hand, to the Legislature for approval of matters that are purely local. Legislators today profess to dislike that system, saying they don’t really have time to run local governments. The time crunch must be chronic. Whenever proposals to give cities and counties home rule come up before the lawmakers, they never seem to find time to vote on them. The old repressive system continues. So does the 1901 constitution’s stranglehold on taxation. As long as its provisions remain in place, there is no opportunity to reform the code that has kept Alabama’s property taxes the lowest in the nation, forcing the state to adopt some of the country’s highest sales taxes to compensate. Still, there is not enough revenue. Schools face yet around of cutbacks next year and the state general fund already is at the brink of disaster. The lawmakers won’t act to change things but the people have had enough. The Alabama Citizens’ Commission on Constitutional Reform, chaired by Secretary of State Jim Bennett, is meeting to map out a plan drafting a new constitution that will be presented to the governor and the Legislature. Bennett chose not to seek re-election to devote his time to this important effort. He will be joined on the commission by a diverse group of 22 forward-looking Alabamians from all walks of life. West Alabama will be well represented. Delegates from this area include Donald Brown, retired editor of this newspaper; Madeline Hill, a Tuscaloosa civic leader, and Jerry Pow, Bibb County probate judge from Centreville. The commission is seeking the views of Alabama residents on constitutional reform, as well as information from experts on topics related to the process. Groups or individuals on both sides of the issue are invited to speak. Organizers want to hear from anyone interested before drafting a final recommendation. Monday’s session focuses on local democracy and methods for constitutional revision. Sessions later this year will center on the constitution’s legislative, executive and judicial articles (Birmingham, Sept. 9); education and economic development (Mobile, Oct. 21); and debt and spending, including taxation issues (Dec. 9, Auburn-Opelika). If it receives strong public support and does its work well, the commission, which is financed and given logistical support by the Alabama Citizens for Constitutional Reform, should clearly define the way to the reforms that will free Alabama from the iron clutches of the past. We urge Alabamians to give the commission their strong support. This is the best hope we have for the progress and prosperity that we could enjoy under a modern constitution. Return to: Editorial Index |
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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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