State constitutional reform still at forefront of some minds

Candidates dedicated to change for the next four years might have a time disbanding a sheriff’s posse in Morgan County or preventing flea markets from opening on Sundays in Etowah County.
Both have been allowed through two of the 802 amendments made to Alabama’s century-old constitution, which opponents continue to work to change. The state Legislature talked about constitutional reform earlier this year, but it fell shy of enough approval to move forward to a constitutional convention.
The votes fell just short of what some people like Barbour County resident Comer Hagler hoped for.
“It’s a shame, just a shame,” Hagler said as he walked along Alabama Highway 105, near Ozark, where he said his wife was involved in a wreck with a sheriff’s deputy who officials said swerved to avoid a tractor while headed to a wreck.
Hagler said his wife suffered injuries and her vehicle was totaled, but that constitutional law grants sheriff’s deputies complete immunity from lawsuit.
While some other legal proceedings could take place, Hagler said he was shocked to know state and county officials could be given immunity even when at fault.
Other parts of the Constitution, however, have strong support.
According to Troy University political science professor Steven Taylor, strong agricultural interest is vested in the constitution’s laws, which allows for cheaper property taxes.
Taylor said other opposition centers around gambling, and whether God would be taken from writing in the Constitution’s Preamble.
According to the Alabama Citizens for Constitutional Reform, the constitution can only be changed by amendments or a convention.
“There’s concern that if you open it up to a constitutional convention there would be restructuring of revenue in the state that would increase taxes. There is also concern that if you try to reform a document, you really don’t know what you’re going to get,” Taylor said.
“It is possible (to rewrite the constitution), it is just difficult. I don’t know what the probability is or how long it would take.”
While amendments are more likely, Taylor said arguments to change the constitution include that it is confusing and long, and the tedious process of allowing local government officials to change laws in their areas.
In Newton, the state Legislature recently had to approve whether to allow Newton voters to decide Aug. 26 whether they want to allow draft beer to be served on-premise in the town’s lounges.
Newton Mayor Jean Watson said the process began by the council approving a resolution and state Rep. Steve Clouse, R-Ozark, presenting a bill to allow the draft beer sales for a vote.
The town had to spend money to advertise the proposal for three weeks in a local newspaper and then send the approval to the U.S. Justice Department in order for the vote to go on the August ballot.
“It’s quite a process, but this is something that could help the local, on-premise lounges,” she said.
During initial controversy over Country Crossing in Dothan, the entire state likely would have voted to define charitable bingo as a game played only on paper cards, had a bill been approved in the House.
“Why should the rest of the state decide whether Trussville may raise or lower its own taxes? … There is no larger impediment in Alabama to economic prosperity, local governance and healing the wounds of our racist past than the state’s 1901 constitution,” Mark Berte of ACCR said.
“This outdated framework erodes our education systems, discourages citizen involvement and creates an extraordinarily inefficient government.”
Hagler launched an online petition in hopes of rallying enough support to get local legislators to see a need to re-write the Constitution.
“I’m 73, and my wife just turned 70, and I’ll doubt we’d experience this twice in a lifetime. Therefore it’s my purpose to work so no one else will go through this,” he said.
“If this is the cause I’m supposed to fight for the rest of my life, I’ll take it.”