The New York State Constitution: A Brief History

As one of the original 13 colonies to revolt against the tyrannical King George, New York and the remaining 12 soon-to-be states would have their own state constitution and would later enact The United States Constitution that would be the supreme law of the land while allowing the individual states some autonomy in local governing. In New York State the original state document was adopted in 1777 did not provide a procedure to reopen for review and amendments when it was needed. By 1801 it was clear there was a need for amendments or changes to the document so the state legislature voted to open the constitution.
The referendum to open the State’s Constitution would be on the general election ballot. If voted to open it would follow that a constitutional convention would be scheduled to allow discussion and debate for and against amendments. Since 1801 there have been two constitutional committees, nine constitutional conventions and amendments. State legislators sponsor and co-sponsor amendments to go on ballot for voters (state’s citizens) to approve or reject on election day. Structured by the language in the New York State Constitution there are three ways for change or reform; one, through a constitutional convention; two, through a constitutional committee; and three, through proposals initiated by the state legislature. Facing its fourth convention in 1846 the constitution was subjected to a comprehensive rewrite. Since 1957 every twenty years on Election Day there has been a ballot question asking whether to open a constitutional convention.
The 1938 Constitutional Convention experienced New Deal-style landmark initiatives in Article 17 and Article 18 proposed and accepted. Since then the practice of a government that protects its citizens has been the pillar of American stable society. Although opponents (corporate and wealthy, i.e., the Republican Party) of social safety systems have debated against the merits of the New Deal, increased economic and social opportunity have elevated workers from the depths of oppression to a middle class in the U.S. fortifying the New Deal imperative. Over the last 40 years particularly there has been a perverse and formidable assault against New Deal policies by opponents through majority legislatures defunding agencies operations through budget shortfalls causing unnecessary struggle and skepticism. Helping to pull the nation out of the Great Depression depended on the rights of workers to organize, rights to proper housing and equal education offered in Article 17 and Article 18 of the Constitution.
The 2017 election cycle marks the twenty-year mark for the ballot question if New York should have a constitutional convention. The risk factor if the voters decide to vote Yes for a Constitutional Convention on Election Day, November 2017, is perilous at best for the continued existence of the New Deal economy. Revisions to the constitution could likely jeopardize the existence of Article 17 and Article 18.
The mere thought of any protections imposed by local, state or federal government for the general population is met with immediate rejection by the Republican Party. Furthermore, even those Republicans who consider themselves moderate would like to lead the charge to eliminate the hard-fought victories for institutions now written into the constitution, statutes that New Yorkers have come to rely upon. Opening the New York State Constitution will begin focused debate for the elimination of earned benefits provided for by the constitution as it is currently written.
Social Security Insurance (SSI), an earned benefit that exists in all advanced nations, offers steady guaranteed income for retires till the end of their life. It is a fund that all workers pay into and have come to expect its proper payout upon retirement. Republicans in state and national legislatures are against SSI. Many, along with conservative action committees (funded by corporate and wealthy) will tell the public that the fund is insolvent. That remark is far from accurate. However, what is true is that, if that funding is not increased, payouts will be less substantial. Increased contributions will have to come from increases in the minimum wage and increased wages for all workers. Wages have been stagnant for the last 40 years. For years SSI has been neglected and increased funding is demanded but, increased funding does not require opening the NYS Constitution. Another earned benefit that would be under threat of defunding or elimination would be Unemployment Insurance (UI). And, again for 40 years Republicans have been successfully slowing the funding of UI through lower corporate tax rates and if the constitution is opened they plan to sponsor its elimination altogether.
The next earned benefit promised to face debate by Republicans for defunding or elimination is Medicare. Medicare is the healthcare plan for seniors 65 years and older. With exponential advances in technology many seniors have difficulty understanding the overwhelming financial and healthcare information they are bombarded with daily. As cognitive ability tends to decline in a majority of seniors is it really fair to burden them with financial and healthcare coverage decisions and increase anxiety levels by placing their finances and healthcare into the market as they near the end of life? The Republican Party would like to see everyone in the market, claiming greater efficiency. Reliable studies and historical proof not only dispute this pitch but make such a position malicious intent of ideology over ethics, morality and law of reality.
SSI, UI and Medicare, earned benefits were enacted into law through the New Deal. This 1935 Federal Public Policy has transformed the nation. It gave unions the right to organize and assisted Americans in attaining the dream of reaching retirement, something that prior to the New Deal was only enjoyed by the wealthy. Such security is what people work all of their adult lives to attain. Such protections offer help for those honest yet more vulnerable members of society. Historically the first to suffer cuts in funding are the families who need it most. Families with children of special needs lose school assistance programs. A vote to open the constitution will imperil these sensible insurances, these earned benefits that all workers responsibly paid for through employment and have contributed to for their entire working lives. A “NO” vote to open the New York State Constitution is crucial for the continuation of a system of government that has provided legitimate protections securing a greater stable society for the voters, the workers, the citizens of New York State for over 90 years.