It's hard to believe, but Jim Crowism is again rearing its ugly head in Alabama. A ballot initiative to strike a section of the state constitution which codifies school segregation and the poll tax is being opposed by such stalwarts as former chief justice Roy Moore, he of 10 Commandments on the courthouse fame.
Christian Coalition of Alabama President John Giles denied racism had anything to do with opposition to the measure. Giles said he and other critics are concerned that a section of the proposal could open the door to "judicial activism."
"When you swing that door open there is unlimited opportunity for mischief," Giles said.
The measure passed the state Legislature without a dissenting vote and will be voted on statewide Nov. 2. It would delete unenforced sections of the constitution that mandate racially segregated schools and allow for poll taxes, which were once used to discourage blacks and poor whites from voting.
The amendment would also strike language that says there is no constitutional right to a public education in Alabama. Opponents to the proposition call it "a trail lawyer's dream," but that's, of course, hooey -- since eliminating that provision does not proactively assert that a public education is a constitutional right.
Opponents claim that part of the amendment could lead to higher property taxes by letting courts declare that education is a constitutional right and then order spending increases for underfunded public schools.
That's making a huge leap of logic, based largely on paranoia. However, even if this occurred, why would that be considered a bad thing? Most Americans, at least non-libertarians, probably believe their children have a right to a public education and would be hopping mad if a direct assault was made on the existence of public schools -- which is why the Bush Administration has soft-pedaled its agenda by No Child Left Behind rather than hard-sell the voucher programs most really prefer.
Far be it from me to tell Alabamians what to do, but I would like to think that fair-minded people in the Heart of Dixie would want to remove this stain on their constitution, not to mention their history. And, even in the improbable chance that it may lead to educational finance reform -- an equalization of property taxes between poor (which typically pay a higher mill rate) and wealthy districts -- if it leads to a better educated populace it may be worth the price.
