Albany preparing for possible con-con

From the NY Times:

Every 20 years, New Yorkers have the chance to vote whether they want to hold a constitutional convention to amend, tweak or otherwise improve the founding document of the state.

For the past half-century, voters have demurred. This year, however, academics, good-government groups and others believe the outcome of the ballot question in November may be different. And — perhaps no surprise — it has something to do with the current occupant of the White House.

“Trump’s election emphasizes how valuable it is for states to chart their own course,” said Peter J. Galie, author of “Ordered Liberty: A Constitutional History of New York” and a professor of political science at Canisius College in Buffalo. “We can put a right to clean air and water in our Constitution. If we want to add more labor protections, we can do it. That’s the beauty of federalism.”

But before voters confront the ballot question, they will no doubt be barraged by campaigns for and against a constitutional convention, affectionately called Con-Con.

Nonprofit groups interested in issues including campaign finance reform, redistricting, term limits and the legalization of marijuana have come out in favor of a convention. They argue that the state Legislature is unlikely to take up these thorny, politically treacherous topics. At the same time, unions like the United Federation of Teachers and state legislative leaders have argued against a convention, saying it could repeal hallowed protections.

There are some offbeat — some might say flaky — positions that advocates say could come about only during a constitutional convention. They include calls for a unicameral Legislature — doing away with the Assembly or Senate — and the division of the state into autonomous regions, with separate regional governors and legislatures.

If voters approve a convention, delegates would be elected in 2018, with the convention held the next year.

Constitutional convention popularity growing

From the NY Times:

Those calling for a convention say it would be an opportunity to wipe clean Albany’s greasy political slate. Some conservative backers hope to create a process for citizen-initiated referendums in New York, similar to that of California and other states, that would provide a permanent check on new taxes. Liberal proponents have other priorities, like new constitutional guarantees of health care or abortion rights.

Others would go even further: Rick A. Lazio, the former congressman, has called for using a convention to abolish the State Senate entirely, leaving New York with a unicameral Legislature.

“There are real political reform issues that ought to be decided, and a convention could do that,” said Assemblyman Richard L. Brodsky, a Westchester Democrat and a longtime advocate of a convention.

Including a convention held in 1777, when delegates gathered in White Plains to write the first draft of the New York Constitution, New York has had nine conventions. Some produced what are now hallowed features of New York’s social contract, from the 40-hour workweek to Article XIV, the so-called forever wild provision that limits development in the Adirondacks.

But voters have been less open to change in recent decades. The last convention, held in 1967, ended with a whimper: When several proposed changes to the constitution were later submitted for voter approval, as required by law, each was defeated.

In 1997, voters rejected having a convention at all, urged on by a strange-bedfellows coalition of environmentalists, labor unions, and conservative activists. Those opponents were joined by the leaders of the Senate and Assembly, who wield enormous clout in Albany under the existing rules.

Is it time for a NY state constitutional convention?

From City Journal:

New Yorkers are no strangers to the expense of multi-jurisdictional bodies or a stalemated state legislature, either. Policy reforms suggested in New York so far include increasing the governor’s power in budget negotiations; mandating spending caps and a legislative super-majority for tax increases; instituting term limits; and enacting non-partisan redistricting. Other changes might include addressing the state’s chronic inability to renegotiate pension obligations in the event of insolvency.

But in the Empire State, the process of organizing a constitutional convention is far more circuitous than in California, because New York doesn’t have a direct ballot-initiative process. Before voters can even weigh in on the idea, the state legislature must first vote on whether to put the question of a constitutional convention to voters. The whole process would likely take until 2012 to be implemented, at earliest—and that’s assuming state legislative leaders don’t succeed in stonewalling until a review is required by state law in 2017.

From the NY Times:

There are more New Yorkers unemployed than at any time in 33 years, and the poverty rate is rising. Our combined state and local tax burden is the highest in the nation after New Jersey. Our business tax climate is rated the second worst in the country. And in the face of the worst recession in a quarter-century, the State Legislature decided to increase spending by 9 percent while increasing taxes and fees by $8 billion. No wonder a recent poll showed that more than 20 percent of New Yorkers are thinking of leaving the state in search of lower taxes and fewer government mandates.

Over the course of New York’s history, our state has held seven constitutional conventions, one as recently as 1967. Calling another convention would be an extraordinary step, but it is a necessary and effective way to overcome the challenges we face. It would be an opportunity for Republicans, Democrats and independents to come together, take a long hard look at our problems and then propose real, lasting solutions.

From the Wall Street Journal:

Let's recall a similar question Thomas Jefferson asked in a 1787 letter to William Smith: "[W]hat country can preserve its liberties, if their rulers are not warned from time to time that their people preserve the spirit of resistance?" We in New York can act on Jefferson's warning. We can demand a constitutional convention.

There are two ways to amend the New York constitution. First, state legislators may identify problems with the political system and propose changes to the people. Second, if politicians benefit from the system's imperfections (as now) and are unlikely to change it, the constitution provides that every 20 years the people can propose necessary revisions. This is where a convention comes in.

Our next chance to have one will be in 2017. That date is frustratingly far off given the spectacle in Albany. But it is within the legislature's power to gain back an iota of respect. It should admit its failure and give the voters the chance to protect themselves against further governmental breakdown.

From CBS 2:

A new proposal for a constitutional convention to let New Yorkers rewrite the state government they love to hate would remove influence by special interests and politicians.

Assembly Minority Leader Brian Kolb of Canandaigua is proposing a citizens constitution that would specifically bar politicians and registered lobbyists from being delegates. His bill would have to win approval in the Senate and Assembly and then go to the voters. Voters would decide whether to hold the first convention in more than three decades.

Most of us think the legislature stinks. So let's do something about it.