No action on constitutional convention

Posted 8/21/12

The last time voters in New York State went to the polls to determine whether there should be a state constitutional convention was 1997. The voters ultimately said “no,” but even so, the state …

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No action on constitutional convention

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The last time voters in New York State went to the polls to determine whether there should be a state constitutional convention was 1997. The voters ultimately said “no,” but even so, the state appointed a commission to study and prepare for a constitutional convention four years before that, in 1993.

Next year, in November 2017, the voters will once again go to the polls with the power to convene a constitutional convention (or not). That’s just a little more than one year away, and what has the state done? Just about nothing; no commission has been appointed, there is no serious discussion of the issue in Albany. Gov. Cuomo put $1 million into this year’s budget to pay for a commission, but it was taken out during negotiation with the legislature.

Could it be that legislators are fearful of what the public might want from a constitutional convention?

The delegates, for instance, could come up with new measures to limit the possibility of corruption in the state. Corruption in Albany is rampant, with the former Senate Majority Leader Dean Skelos and former Speaker of the Assembly Sheldon Silver both having been convicted of corruption. Over 90% of residents in the state say corruption is one of the top issues in the state that needs to be addressed. The lawmakers themselves can’t seem to manage to do anything about it. But delegates to a constitutional convention could. They could write in limits to campaign contributions, which now are unlimited through something called the LLC loophole. Or they could decide that campaigns could be paid for only with public financing. If the voters accepted the change, neither the elected officials nor the courts could overturn it.

A constitutional convention would also give the delegates a chance to overturn the constitutional amendment pushed through in 2014 that establishes a commission to redraw voting districts rather than have the process undertaken by the Senate and Assembly. The problem with that amendment is that if the legislature doesn’t like the districts the commission draws, it can simply ignore them, ensuring that the gerrymandering that makes districts safe for one party or the other will go on indefinitely—unless the voters accept changes to the constitution that say it won’t.

The delegates could also, if they were so inclined, limit outside income for members of the legislature, and force them to work a full year for their paychecks, rather than having them work, actually passing bills, for only six months of the year. The delegates could even go so far as to tie the income of legislators to the state’s minimum wage.

There are many groups that are opposed to holding a constitutional convention because they fear they will lose something important. Teachers’ unions are concerned their collective bargaining rights will be diminished, while environment groups have expressed concern that forever-wild protections from some areas of the state such as the Adirondacks will be stripped away. Others simply see paying 204 delegates to attend the convention as too expensive.

A report from Empire Government Strategies on past New York constitutional conventions (tinyurl.com/hvk4njp) says they have largely been a waste of time and money. It says the conventions, which are controlled by the legislature and the governor, are subject to the same favoritism, cronyism and special-interest influence that plays a large role in shaping the actions of state government.

However, the report also says, “Whatever the political mood is at the time translates directly into the convention’s agenda. If there is a deep, popular movement towards reform and a consensus from the people that change is needed, then conventions could be successful. The 1894 and 1938 conventions both benefited from being called in such an atmosphere.”

It is very possible and indeed likely that we have arrived at such a moment again. Income inequality is at a level not seen in 100 years, corporations and wealthy individuals are able to spend unlimited amounts of money to get the kind of elected official that will bring them the most benefit, and we stand on the abyss of a climate upheaval that will likely alter the course of human development.

If New Yorkers aren’t clamoring for change at this particular point in time, they never will be. Contact your state senator and assemblyperson, tell them you want a constitutional convention, and you don’t want elected officials to serve as delegates.

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