Entrenched powers oppose constitutional convention

Posted 3/8/17

Sullivan County Legislator Catherine Owens is a supporter of a constitutional convention, and she used her position as chair of the Government Services Committee to remind her colleagues and others …

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Entrenched powers oppose constitutional convention

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Sullivan County Legislator Catherine Owens is a supporter of a constitutional convention, and she used her position as chair of the Government Services Committee to remind her colleagues and others in attendance that New York State voters will have the opportunity to vote for such a convention on November 7.

Pro-convention advocates, however, are facing a wall of resistance from some entrenched political powers. Carl Heastie, the speaker of the Assembly, and John Flanagan, the Senate majority leader, have expressed opposition to such a gathering. That’s not really surprising because the way things stand now, with Flanagan, Heastie and Gov. Andrew Cuomo having enormous power when it comes to setting the budget and the state’s agenda; that could change dramatically if convention delegates chose to address the balance of power in state government.

The Conservative Party has made a public stand against the convention because, according to a statement from chairman Mike Long, “It is important for voters to understand that the history of holding constitutional conventions proves they are a colossal waste of taxpayers’ money that fails to accomplish what supporters claim.”

In fact, some important elements of the constitution were the results of constitutional conventions. Evan Davis, former counsel to Cuomo and manager of the Committee for a Constitutional Convention, wrote in the New York Daily News on February 25, “The 1894 Convention proposed the Education Article, which gives every student the right to a free public education through high school, and the Conservation Article, which guarantees that the forest preserve (the Adirondacks) will be ‘forever wild.’ The 1938 Convention added the Social Welfare Article, which authorizes the state to implement a system of social security for its citizens.”

Cuomo has said he supports a convention in theory, but he said he is concerned that the people who run to become delegates will be the senators and legislators who are already in office, and they could change the constitution in ways that will make matters worse. But history suggests that’s not what will happen. Quoting Davis again, “Only 13 of the 186 delegates in 1967 were members of the Legislature. Candidates for office typically don’t want to run for two offices at the same time, because it creates a risk of angering voters and winning neither office.”

So it seems that resistance to a conviction from top officials in New York stems more from the possibility that their own positions may be shaken. Given that, in May 2016, a Sienna College poll found that 97% of respondents said it was important that lawmakers pass new laws to address corruption in Albany. Legislators have so far declined to pass meaningful legislation to do that, and it is quite likely that if voters approve a convention the delegates will act where the lawmakers have declined to do so.

Aside from coming up with convention amendments that would address corruption, the delegates could address a number of other issues. They could decide to include a provision that would allow for citizens to introduce statewide voter referenda, as is the case in many other states. So if, for instance, voters who wanted to introduce measures that addressed taxes at the state level or zoning at the local level would be able to do so by gathering enough signatures.

The delegates might also address voting issues by inserting into the constitution language that would allow early voting, voting by absentee ballot with no reason required and same-day registration; these are practices adopted by many other states that New York lawmakers have so far not acted upon.

The delegates might decide to address healthcare; the Assembly has twice voted to adopt the New York Health Act, guaranteeing all state residents healthcare and doing away with insurance companies. The bill has to this point been blocked by the Senate.

The governor and the legislature decided not to set aside any funds to educate the public about the possibility of a constitutional convention, which leads to the conclusion they’re not really enthusiastic about it. But the convention is a way to bypass the governor and the legislature. If this is important to you—if you think that this will help reform New York’s government—start organizing now, because it’s going to be an uphill slog.

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