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Concerns about Changing the 1901 Constitution
There are many groups
concerned about changing the Alabama Constitution for a variety
of reasons:
Property Tax Reasons
"Throwing out the 1901 constitution and
starting from scratch could spell trouble for Alabamians because
tax reform advocates plan to use a constitutional convention to
raise property taxes. Recompiling and updating is not without merit,
but this can be accomplished without destroying the entire constitution."
Mike Kilgore, Executive Director, Alabama Farmers Federation.
Religious Reasons
The Association
for Judeo-Christian Values (AJCV) has warned
that revisions could lead to erasing God from the state's charter
and potentially allowing the United Nations to override Alabama's
sovereignty--although the Alabama Baptist Convention and United
Methodists support the changes to the constitution.
AJCV chairwoman Sandra Lane Smith believes liberals
want to alter the constitution in order to push gambling, raise
taxes and destroy what she said is the document's basis on the Ten
Commandments. "I think we can hang on another 100 years with
our constitution without doing anything to it," Smith said.
John Giles, president of the Christian Coalition
of Alabama, said he doesn’t want a new constitution that would
allow for gambling and cause a bigger tax burden for families. He
also said a rewrite would be a trial lawyers dream because the new
constitution would have no set legal precedents and would be open
to a more generalized interpretation.
Legal
Reasons
John Eidsmoe is a retired Air Force Lt. Colonel and law professor
at Faulkner State University. He has written numerous books and
articles on the U.S. Constitution and other subjects. Below is a
partial list ofseveral myths and facts about the Alabama constitution:
MYTH:
The Alabama Constitution is a segregationist document
FACT: As one starts reading the Official Proceedings of the
convention, one is shocked by the convention presidents speech endorsing
white rule. But read the entire proceedings -- all 5,070 pages ---
and the focus is on the nuts and bolts of effective government.
Still, the Alabama Constitution did have racist provisions. But
these have been repealed or invalidated by court decisions. Was
the Alabama Constitution a segregationist document in 1901? Unfortunately,
yes. Is it a segregationist document today? DEFINITELY NOT.
MYTH:
The Alabama Constitution is unworkable because of its length and
its many amendments.
FACT: The Constitution is long, but state constitutions in
general tend to be longer and more specific than the U.S. Constitution.
It has been amended more than 700 times, but most of these amendments
relate to specific counties or cities and are of little concern
to the rest of the state. We could streamline the Constitution by
incorporating the general amendments into the main text, or by indexing
the specific amendments alphabetically by counties. But the length
and amendments are not as much a hindrance as the Constitution's
detractors claim.
MYTH: The
Alabama Constitution retards economic development
FACT: When is the last time a business refused to locate
in Alabama because taxes are to low or there is too little government
regulation?
MYTH: The new constitution
is needed for tax reform.
FACT: The issue is not tax reform, IT IS TAX INCREASE. Does
anyone seriously believe that if property taxes go up, income and
sales taxes will go down?
You can read more of Mr. Eidsmoe's work at http://www.citizenalert.net/eidsmoe1.htm
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