Having Fun Storming the Castle
When you try your best but you don't succeed
If there’s one thing that most people can agree on, it’s that New York State government is an ineffective disaster of a horror show.
There may soon be something we can all do about it. The state’s current constitution was adopted and passed by referendum in 1938. Changing it isn’t that hard and is already built-in to the document.
Under Article 19 of the New York State Constitution,
§2. At the general election to be held in the year nineteen hundred fifty-seven, and every twentieth year thereafter, and also at such times as the legislature may by law provide, the question “Shall there be a convention to revise the constitution and amend the same?” shall be submitted to and decided by the electors of the state; and in case a majority of the electors voting thereon shall decide in favor of a convention for such purpose, the electors of every senate district of the state, as then organized, shall elect three delegates at the next ensuing general election, and the electors of the state voting at the same election shall elect fifteen delegates-at-large. The delegates so elected shall convene at the capitol on the first Tuesday of April next ensuing after their election, and shall continue their session until the business of such convention shall have been completed. Every delegate shall receive for his or her services the same compensation as shall then be annually payable to the members of the assembly and be reimbursed for actual traveling expenses, while the convention is in session, to the extent that a member of the assembly would then be entitled thereto in the case of a session of the legislature. A majority of the convention shall constitute a quorum for the transaction of business, and no amendment to the constitution shall be submitted for approval to the electors as hereinafter provided, unless by the assent of a majority of all the delegates elected to the convention, the ayes and noes being entered on the journal to be kept. The convention shall have the power to appoint such officers, employees and assistants as it may deem necessary, and fix their compensation and to provide for the printing of its documents, journal, proceedings and other expenses of said convention. The convention shall determine the rules of its own proceedings, choose its own officers, and be the judge of the election, returns and qualifications of its members. In case of a vacancy, by death, resignation or other cause, of any district delegate elected to the convention, such vacancy shall be filled by a vote of the remaining delegates representing the district in which such vacancy occurs. If such vacancy occurs in the office of a delegate-at-large, such vacancy shall be filled by a vote of the remaining delegates-at-large. Any proposed constitution or constitutional amendment which shall have been adopted by such convention, shall be submitted to a vote of the electors of the state at the time and in the manner provided by such convention, at an election which shall be held not less than six weeks after the adjournment of such convention. Upon the approval of such constitution or constitutional amendments, in the manner provided in the last preceding section, such constitution or constitutional amendment, shall go into effect on the first day of January next after such approval. (Formerly §2 of Art. 14. Renumbered and amended by Constitutional Convention of 1938 and approved by vote of the people November 8, 1938; further amended by vote of the people November 6, 2001.)
But the legislature, to the extent it’s not completely tone-deaf, could propose this for vote in November of this year.
And then what?
I believe that a nonpartisan, statewide movement needs to be formed under the leadership of someone who has credibility on the issue and knows what they’re talking about. Nassau County Executive Tom Suozzi comes to mind. We all know who’s going to oppose this. What we need to do is come up with a list of five or ten reforms that all New Yorkers can agree on.
Nonpartisan redistricting? Unicameral, nonpartisan legislature? Stringent rules on lobbying, and aggressive enforcement thereof? Medicaid reform? Implementation of Brennan Center proposals for legislative procedural reform? Some autonomy for New York City?
If a simple platform could be agreed-upon, and wasn’t infused with partisan nonsense, I think that this could have a shot. Even against the special interests. Like I said: well-organized, good messaging, with grassroots support. The wild card would be funding. Enough funding to help combat the millions of dollars that the usual suspects will spend to kill this.
But comprehensive and fundamental constitutional reform is probably the best chance this state (outside the tri-state area) has to become even remotely competitive again.
It’s not a bad idea but it’s a tall order, Alan. The platform would have to be very basic and amenable to all political parties. Harding telling people who are not progressives that they might not want to attend is not the way to get off on the right foot.
I forget the exact mechanics, but back in 1997 there was talk about a convention; it was shot down pretty quickly, but just in case, guess who was lined up to be delegates? That’s right, the usual suspects. Having a convention is one thing… making sure our delegates aren’t Steve Pigeon and Dale Voelker is another….
Tom Suozzi from Long Island, Chris Collins from WNY, a County Exec from the Albany area and a few voices of reason from NYC + Basic, simple, non-partisan messaging + a couple of millionaire/billionaire underwriters = success
A couple of other statewide names signing on to support the initiative like Spitzer, Faso, and Lazio would be beneficial. It’s not gonna get done with guys like Lenny Roberto leading the charge with his Project 2010 nonsense, that’s for sure.
Since this IS New York, it will get little traction with the statewide Democratic party, Republicans will be too slow to organize around the idea and we’ll see a bunch of fringe weirdos and irrelevant parties (Independence/Libertarian) hop onboard and drive a rambling wreck of gun rights/personal freedom/tea bags/Jeffersonian Principles into a snowbank.
Sorry if my cynicism kills a positive discussion.
No, Chris, we’re open to discussion. The problem is that everybody wants to shoot the messenger.
Elimination of fusion voting
Unfunded mandates
I love the idea of the constitutional convention but fear the machinations and channeling of options that would precede it. I can imagine what conditions the entrenched politicos would pile on the effort. Good lord just about every elected official in Albany has been there forever (or so it seems) and has every reason in the world not to upset the apple cart.
Also just imagine dislodging the highly entrenched lobbyists who have been installed in Albany as long as their dependant legislators. Change is not something they wish to contemplate or suffer.
Then take the average voter. With the disinformation that pervades the healthcare quagmire and the out-of-sight manipulations of the six senators who actually designed the monster that will result what sort of citizen revolt can anyone expect?
I witness the brilliant campaign of Kevin Gaughan over the past decade and consider the paltry results and meager support from the politicians. I fear that the age of giant change and revolutionary improvement is over. We express rage, re-elect the folk and slowly slide into mediocrity
Hawaii had constitutional on the ballot last year – the entrenched powers called out all the dogs on that one.
To paraphrase Kyle Reese: “Listen. And understand. That entrenched politicos are out there. They can’t be bargained with. They can’t be reasoned with. They doesn’t feel pity, or remorse, or fear. And they absolutely will not stop, ever, until constitutional reform is dead.”
Anyone who cares about the future of NYS, which is the domino that California is going to fall on in line, should be with the idea of true constitutional and legislative reform. It’s the only hope. Alan made some good suggestions, like some autonomy for NYC. Include some for Long Island as well. A ride from Orient Point to Port Jefferson that used to be about 90% potato fields on boths sides of the road is now one continuous subdivision.
Tom Suozzi, who SHOULD be governor now, is a good choice, Fazio and Collins too. Don’t bother to taint it with Spitzer though, he’s been outed as a hypocrite in word and deed. Unless there’s going to be evening trips to a tittie bar for the delegates–he knows the ropes.