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.
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.
There will be a statewide referendum question on the ballot this fall – required every 20 years – asking New Yorkers whether we should call a state constitutional convention. Our Jacksonian forbearers, the 19th century leaders who provided us with this regular opportunity to review the fundamentals of our governance, proceeded with a profound faith in democracy. Theirs was a very American – a very New York – belief in the possibility for progress and improvement.
The decision to provide this opportunity was realized in practice. During the 19th century conventions were routinely called once in a generation – in 1801, 1821, 1846, 1867, and 1894 – to revise, renew, and reform the way New York State was governed. From any single value perspective, the results were not pristine, but each time a convention convened our forbearers were, in some measure, affirmed in their faith in democracy.
In the 20th century we had 3 conventions: in 1915 and 1938 called by the people, and 1967, called by the legislature. All did, or proposed, some good things. But then we stopped. The half century since our last convention is the longest without such a gathering in New York State history.
This post, written by Dr, Gerald Benjamin, was originally published in Rockefeller Institute of Government’s blog. It is reposted here with permission.
After receiving a consultant’s report that the town’s highway garage was unsafe and near collapse, the governing board of the northeastern Onondaga County town of Cicero voted earlier this year to replace it. The estimated cost was $9,894,353. The decision had been avoided in the past, the need was great, leadership was willing, and the time seemed as ripe as it was likely to get. Town finances had been stabilized; Cicero is not among localities identified by the state comptroller as under “fiscal stress.” Interest rates are still low, especially for municipalities.
The plan was to borrow the money for the garage over 30 years. The average price for a house bought in Cicero in 2015 was $175,696. Without figuring in recent effects of changes in values, the annual tax impact of the project after the first year on this average priced house would come to $42 annually (about an initial 4 percent increase in a homeowner’s yearly town taxes). Things seemed all set. Continue reading