The last time New York held a constitutional convention abortion was illegal.
That was 1967. And despite the passage of 50 years the now legal practice is still under threat. The most recent action by the Trump Administration will, ironically, make it more common for women to need abortions (by making it harder to obtain birth control).
What’s changed since 1967, despite Trump’s actions, is that by an increasing majority Americans would like abortion to remain safe and legal.
This is even more the case in New York State. A recent Quinnipiac poll found that New Yorkers favor a state constitutional amendment to legalize abortion by a margin of 68-27 percent.
Slam dunk, right? NYS Legislature should take this up immediately.
This right isn’t enshrined in New York’s constitution, because there has been no move to amend the sprawling document to this end. The amendment process requires two consecutively elected legislatures to vote in favor, and then the change must be voted on in a general election. While the majority of statewide constituents favor such an amendment, the NYS Senate is far more conservative than the state’s voters, making sure that abortion rights will not soon be written into the constitution.
But there’s another pathway to protect a woman’s right to choose, as well as the rights that every person of every race and religion is protected, and that LGBTQ rights are protected, even as federal efforts are actively underway to undermine them both by employers and in the military.
It’s called a constitutional convention and New Yorkers get the right to vote in favor of holding one every 20 years.
Increasing Educational Opportunity — and Possibly Property Values — with a New School Model
Public education, like all public assets, is under tremendous fiscal pressure. Slashed school district budgets often lead to schools cutting courses. That can mean anything from not teaching the latest computer science to stinting on the range of languages offered. And if you cannot afford to send your child to private instructors or tutors for these subjects, your kid will be behind the curve vs. children who attend schools that do offer more variety. In New York’s Ulster County, enrollment has fallen in the past half decade and the county’s students have grown poorer, as well as more ethnically diverse. All of these factors put financial pressure on the schools, especially as they seek to give their students the leg up they need to compete in an economy that’s shifted toward white collar service work.
But Charles V. Khoury, District Superintendent of Ulster Board of Cooperative Education Services (BOCES), who wrote a recent Discussion Brief for the Benjamin Center on solutions to this problem, says he has an idea for maintaining and even increasing the quality and variety of classes for all students in Ulster County. It’s called the Quasi-Magnet Model. Unlike, say, New York City, which uses magnet schools that focus on core subjects like science (and only teaches those classes to students of that particular school), a quasi-magnet system silos areas of specialization—a school within a school—then shares those classes across all districts within the county. Khoury says Ulster County’s eight school districts (or other school districts facing similar challenges) should work together to determine areas where each district could specialize—and then open those opportunities to all students in the county.
By Michael Frank
At a time when the Attorney General of the United States wants to harden prosecution of pot use in the United States, even in states that have legalized medical marijuana, it’s reasonable to ask: at what cost?
That’s part of the focus of a recent Benjamin Center Discussion Brief by Dr. Eve Waltermaurer, Senior Research Scientist for the Benjamin Center and a PhD epidemiologist. Waltermaurer looked at the history of categorizing pot as a gateway drug, as the Attorney General continues to do, despite significant evidence to the contrary. In fact as the brief points out, there’s just as much efficacy to the idea that tobacco is a gateway drug to alcohol use, and in 2016 the National Institute on Drug Addiction announced it could not conclude that pot use led to the use of harder drugs.
Lacking scientific evidence, however, has never stood in the way of politicians wanting to grandstand about getting tough on crime.
A Constitutional Convention Could Radically Reduce Gerrymandering, and Give Your Vote the Punch it Was Designed to Have
While the Benjamin Center at SUNY New Paltz is strictly non-partisan, in one sense its founder, Dr. Gerald Benjamin, is biased—in favor of democracy.
Benjamin says that while the New York State constitution is in need of a serious makeover, the state legislature has shown it won’t do this. Fortunately, however, revision and/or amendment can be achieved in another way. Benjamin explains that the NY State constitution stipulates that every 20 years voters have the right to call a convention to “take the temperature of their government.” Benjamin, who recently debated the merits of a constitutional convention at Siena College and then followed up that debate on Capital Tonight, has multiple insights into why we need the convention as a corrective for failures in state government, especially to reduce the blocking power of entrenched incumbents in Albany.
“We have a representative democracy, not a direct democracy. But we do have this direct democratic mechanism of review—that’s what the convention referendum question is. We get to say, ‘Hmmm, how are my representatives doing?’ I think if you asked most people they’d say, ‘Not very well.’ We have a failure on many levels, from the way laws are made to the failure of our institutions to adapt processes. That’s really no wonder: We haven’t revised the basics of how our government is structured in three quarters of a century.”
Gerald Benjamin, SUNY New Paltz, and Thomas Gais, Rockefeller Institute of Government
Republican Congressmen John Faso wants the federal government to require that New York State assume all of the nonfederal share of Medicaid costs incurred outside of New York City. He conditioned his support for the previous, failed efforts to repeal and replace Obamacare on inclusion of this requirement in the federal law; the Graham-Cassidy bill is said to include the requirement. New York City and the counties now pick up 13 percent of the total state tab ($58.8 billion in Fiscal Year (FY) 2015). The cost for New York City is $5.2 billion. The total at stake for counties outside the city is $2.3 billion. Not chump change.
The proposal outraged Governor Andrew Cuomo. He called it a “political Ponzi scheme,” evidence that the congressman violated “his oath of office to represent the interest of the people of the state of New York.…”
Neither Cuomo’s rage nor the failed GOP takedown of Obamacare has deterred Faso. He has vowed to find another path to force full state assumption of the nonfederal share of Medicaid costs in upstate New York. Indeed, the Sturm und Drang of zero-sum national partisan politics aside, the congressman’s idea may be good public policy, or at least a start towards good policy. But there remain a number of big, unanswered questions. If full state assumption is good for counties outside New York City, why not also for the city itself? Should the national government be dictating the financial relationships a state has with its local governments? And if so, why just for New York?
The political climate is begging for protest. But what we really need are actual conversations.
On August 31st, Congressman John Faso, in his first term in New York’s 19th District, held his first public town hall with constituents at the Esopus Town Hall in northeastern Ulster County, nearly seven months after he first took office. During ordinary political times this would be a non-event, as riveting as cable T.V. coverage of your town board’s meeting. But these are not ordinary political times. NY’s 19th is a rare district; it is actually competitive. Faso won with 54 percent of the vote in 2016. Now, in the wake of Donald Trump’s abysmal performance as president, eight potential challengers have lined up, seeking to take on the freshman congressman in 2018.
Many Republicans in Congress across the country have been heavily criticized for not holding open town hall meetings to discuss the house majority policy agenda, Donald Trump’s offensive language, behavior and views, or the controversial initiatives of the Trump administration in health care, federal budget cuts, immigration, tax policy and other policy areas. In response, Republicans argued that these meetings were not venues for serious civil exchange, but opportunities for abusive confrontation by organized opposition on the left. Continue reading
This post, written by Dr. Gerald Benjamin, was originally published on the Rockefeller Institute of Government’s blog. It is reposted here with permission, click here for the full text.
On March 27, 2017, the Ulster County legislature unanimously passed Resolution 97 authorizing its chairman “… to request the New York State Legislature to commence the process of extending the Ulster County additional sales tax rate of one percent … for at least the twenty-four month period commencing December 1, 2017.” At stake: estimated annual revenue of $23.8 million for the county, $3.2 million for the city of Kingston, and $835,000 for the county’s towns. For the county and the city, these are big numbers. The potential loss of this revenue if the additional taxing authority were not extended would leave a gaping hole in annual operating budgets.
The county’s request was forwarded to eight state legislators with some part of Ulster County in their districts: Senators George A. Amedore, John J. Bonacic, William J. Larkin, Jr., and James L. Seward; and Assemblypersons Kevin A. Cahill, Brian D. Miller, Peter D. Lopez, and Frank K. Skartados. In response, Senator Amadore introduced a bill (S5568) on April 13, 2017, and Assembly Cahill introduced a companion bill (A7409) on April 25, 2017, as requested, to extend additional sales tax collection authority for another two years.
Shortly thereafter, the Ulster County Legislature in Kingston passed a second resolution (Resolution 222) specifically requesting enactment of the Senate and Assembly bills. The county legislature is closely divided politically, but again sponsorship was bipartisan, and the vote was unanimous. County Executive Michael Hein signed off immediately, and the results were sent to both state legislative houses the next day.
This press release was originally published by SUNY New Paltz here.
The Benjamin Center at SUNY New Paltz has released a new policy brief, “Sharing Educational Programs: A Quasi-Magnet Model for Ulster County High Schools,” authored by Charles V. Khoury, District Superintendent of Ulster Board of Cooperative Education Services (Ulster BOCES).
This brief is the eighth in a series produced through “A 2020 Vision for Public Education in Ulster County,” a collaborative effort between the Benjamin Center and the Ulster County School Boards Association that seeks to promote countywide, regional thinking in the service of enhancing educational delivery and outcomes.
Khoury’s paper explores a potential model for sharing educational programming among the eight Ulster County districts, and argues that this model would expand educational opportunity for students in the final stages of their secondary education.
This OpEd, written by Gerald Benjamin, was originally published by the Albany Times Union. Full text here.
New Jersey has, against all odds, gotten the U.S. Supreme Court to agree to consider overturning the federal ban on sports betting. If the court does so, some think that allowing sports betting in New York still will require another amendment to the state constitution’s already eviscerated gambling prohibition. But this is not so.
Dramatic incidents of past corruption and fears of the effects of rigged outcomes on sports’ popularity and profitability led in 1992 to a federal ban on sports betting, based upon the national power to regulate interstate commerce. Professional leagues and collegiate associations and conferences were fully supportive. To avoid disrupting the status quo, when the bill was passed exceptions were allowed not only for Nevada — then and still the national sports betting mecca — but also Delaware, Oregon, and Montana, which had in place limited sports-related betting before 1991. (Oregon and Delaware have since forgone their sports–linked lotteries). Another provision envisioned an exception for New Jersey, but that state failed to act to take advantage of it.
As other states legalized casinos and Atlantic City faced intensified competition, New Jersey leaders had a change of heart. In a 2011 referendum, two-thirds of New Jersey voters supported a repeal of the state’s constitutional ban on sports betting in casinos and at racetracks. The next year, sports betting was decriminalized in New Jersey, and two years later authorizing legislation to permit it was passed. But suits by the major sports leagues and the National Collegiate Athletic Association blocked implementation.
Strong college-level support for a sports betting ban persists, but heads of the major professional leagues are rethinking the matter. Big money is at stake for increasingly strapped state governments. Estimates are notoriously problematic, but in New York City alone tens of billions of dollars are thought be illegally wagered annually on sporting events.
This post, written by Gerald Benjamin, was originally published by the Gotham Gazette. It is reposted here with permission, click here for the full text.
When asked what a state constitutional convention might cost if called by voters in 2017, I said at a State Bar Association panel event that I had applied the Bureau of Labor Statistics CPI inflator to what I then thought was the 1967 convention’s cost and got $47 million. Casey Seiler of the Albany Times Union was there. He did not hear or realize that I had adjusted for inflation, so he used the $47 million figure as the cost of the 1967 convention. This led others to then adjust for inflation based on that number, leading to the proliferation of a faulty projected cost of $350 million, immediately seized upon by convention opponents. (Seiler later published a correction.)
The Public Employees Federation wrote: “Experts estimate a constitutional convention would cost hundreds of millions of dollars.” Senator Majority Leader John Flanagan used it as evidence that a convention would be outrageously expensive, with no “guarantee” of any positive result. The wildly wrong number repeatedly popped up in media outlets all over the state. Even after shown the error of their ways in debates, opponents were loath to give up this ‘alternative fact.’ All of this was chronicled by Bill Mahoney as an urban legend in Politico New York.
Since then a leading convention advocate, Chris Bopst, went back to the state comptroller’s actual spending records. He found that between 1967 and 1971 a total of $7,580,885 was spent on preparing for and conducting the last constitutional convention. Of this, $527,051 ($3,977,673 in 2017 dollars) was for a preparatory commission. We haven’t had one of those this time; the Legislature killed it. This leaves $7,053,834, spent over a total of four years. In 2017 dollars this is $51,448,160, not far off (8.6%) from my original more-or-less shot in the dark of $47 million.