Every two decades, New Yorkers go to the polls to decide whether they want to rewrite the language in their state constitution. Historically, they take a pass on this opportunity — in more than a century, only three constitutional conventions have been called by the voters, the most recent in 1967. And even in that year, the same voters who called for the convention decided they didn’t like the result and rejected the changes proposed by the convention’s delegates.
But if last year’s presidential elections and the rise of a self-styled populist to power were reflective of anything, it was that much of the electorate is irritated with business as usual and might be willing to take chances in the name of draining the swamp. » Continue Reading.
As this year’s legislative session winds down, more public attention is focused on November’s vote whether or not convene a state constitutional convention in Albany.
As Article XIV – the “forever wild” clause – is of particular relevance to both the Adirondack and Catskill Park regions, I offer the following resolution approved by Adirondack Wild: Friends of the Forest Preserve this spring. » Continue Reading.
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.
What follows is the second of three essays about the vote coming this November on whether New York State will hold a Constitutional Convention. This is part two of a commentary by Christopher Bopst and Peter Galie. An essay opposing a convention by Adirondack historian Philip Terrie will run on Sunday afternoon.
Part I of this two-part article discussed the history of the forever wild provision since its adoption by the Constitutional Convention of 1894. The absolute nature of the prohibition has made it the most amended section of the New York State Constitution (Peter J. Galie & Christopher Bopst, The New York State Constitution, 2d ed. (New York: Oxford University Press, 2012), p. 312). Despite the number of amendments to the provision during the last 120 years, most of the forest preserve has retained its wilderness character, and the preserve has expanded significantly since it was first created. The preserve has functioned both as a success story and a point of pride that New Yorkers can take in their state constitution. » Continue Reading.
What follows is the first of three essays about the vote coming this November on whether New York State will hold a Constitutional Convention. This first commentary in support is by Christopher Bopst and Peter Galie. Part two of Bopst and Galie’s essay will run Sunday morning, followed by an essay opposing a convention by Adirondack historian Philip Terrie on Sunday afternoon.
On November 7, 2017, New Yorkers will be asked whether they want to convene the state’s tenth constitutional convention, to consider amendments and revisions to the state’s 120-year old constitution. The question, which is automatically placed on the ballot every 20 years (N.Y. Const., art. XIX, sec. 2), causes considerable angst among those concerned a convention may jeopardize protections currently enshrined in the constitution, such as the beloved forever wild provision. The first part of this article will provide a brief history of the forever wild provision, and in particular how this provision has been treated at state constitutional conventions. The second part of the article will discuss how and why the provision has remained over one hundred years after its adoption a viable and vital part of our constitutional tradition while other constitutional prohibitions have not. The viability and vitality of the provision augur well for the likelihood that it will retain its significance should a convention be called in 2017. » Continue Reading.
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