Philip Terrie’s commentary is the third of three essays about the vote coming this November on whether New York State will hold a Constitutional Convention. The first commentaries, by Christopher Bopst and Peter Galie, can be found here.
In the American political climate of 2017, is it really a good idea for people to insist that they can accurately predict the future? Peter Galie and Christopher Bopst appear to think it is. They claim that a constitutional convention (concon) will not diminish the authority of the provision in our current constitution – Article 14, Section 1 – stipulating that the state Forest Preserve be “forever kept as wild forest lands.” Their argument advances the case one hears circulating all around the state these days, as we gear up for the vote in November, 2017, when New Yorkers will vote yes or no on this simple question: “Shall there be a convention to revise the constitution and amend the same?” If this passes, delegate elections will he held in 2018, and the concon will sit in 2019. A vote on a new constitution would probably be held in November, 2019.
Along with a committee of the New York Bar Association, the League of Women Voters, and other prominent organizations, Galie and Bopst, duly noting both the culture of corruption in Albany and the labyrinthine and antiquated nature of much of what we have now, ask us to approve a concon and seek to convince those of us who have spent a good part of our lives defending the forever-wild provision that nothing bad can happen. Count me as unconvinced. » Continue Reading.
Has the Adirondack Mountain Club Lost its Way?
A few weeks ago, Adirondack Mountain Club (ADK) submitted an amicus brief in Protect the Adirondacks! Inc. v. New York State Department of Environmental Conservation and Adirondack Park Agency, wherein Protect challenged the constitutionality of the state’s decision to cut down thousands of trees while building new snowmobile trails in the Forest Preserve. (I am on the Board of Protect the Adirondacks! and testified as an expert witness in the trial for this litigation. What I am saying here is not endorsed by Protect.)
This litigation began in the Supreme Court in Albany and was appealed to the Appellate Division, where a crucial element of Protect’s interpretation of Article 14, section 1, of the NY Constitution, was upheld. Then the state appealed to the NY Court of Appeals, our highest court, where oral arguments will be heard on March 23. The ruling there will be final and cannot be appealed further, although it’s possible the Court of Appeals could return the matter to the lower courts. This is a historic case and will determine the future of state policy with respect to the Forest Preserve and the viability of wilderness in the Adirondacks.
» Continue Reading.