Groups debate best way to redo constitution

 



A citizen convention, rather than the state Legislature, should rewrite the state's constitution, a representative of a constitutional reform group told members of Birmingham's Rotary Club during a debate Wednesday.

Bailey Thomson, a member of the Alabama Citizens for Constitutional Reform, said his group had decided to advocate a convention because the document should come from the people. Also, he said, the Legislature has not been effective at pushing the changes needed in the 100-year old constitution, the nation's longest and one that is described by reform advocates as archaic and racist.

A new constitution must begin in the hearts and minds of the citizens, Thomson said, citing a quotation from founding father John Adams.

Opposing a citizen convention was the Rotary's other guest speaker, Gary Palmer, president of the Alabama Policy Institute, a conservative, non-partisan, nonprofit think tank based in Birmingham. Alabama Public Television's Tim Lennox moderated the lunch hour debate.

According to Palmer, the Policy Institute favors reforming the state's constitution but believes problems with the current document have been exaggerated. It can be improved through amendments, which could deal individually with issues such as tax reform, home rule and reorganization of the complex document, Palmer said.

The real problem Alabama faces is a lack of leadership from its elected officials, he said, and people shouldn't be deceived into thinking replacing the constitution will cure all that ails the state.

"The constitution has been made the whipping boy for all the problems the state has," he said.

The Citizens for Constitutional Reform's decision to specifically endorse a convention is a departure for the group, which previously has advocated constitutional reform through any available means.

Thomson said the group has recognized that polls show the people increasingly favor a rewrite of the constitution but don't have confidence in the Legislature to do it.

The group also has decided to advocate giving local governments control of local issues and including a provision to create a periodic review process for the constitution, Thomson said.

Although Citizens for Constitutional Reform believes the current tax system embedded in the constitution is unfair, falling most heavily on low-income Alabamians, the group does not plan to specifically endorse a new tax system, Thomson said. It would leave that work to a convention.

He added, though, that most state constitutions are largely silent on taxes, leaving it to the Legislature, local governments, and the people to set tax policy. That differs from the strict limits on taxation contained in the current Alabama Constitution.

Palmer, however, noted that many states have in recent years amended their constitutions to add tax limits.

"The people want to be protected by the constitution," Palmer said.

He said the Policy Institute does believe changes should be made in the tax system and is studying the issue.

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