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Welcome back for more fun facts about New York's constitutional history!
ICYMI, yesterday was the anniversary of NY's first ratified constitution in 1777.
I shared facts about the constitution from 1777-1894: https://twitter.com/agounardes/status/1252313560899870720?s=20
Today we'll cover 1894-2000.
THREAD
ICYMI, yesterday was the anniversary of NY's first ratified constitution in 1777.
I shared facts about the constitution from 1777-1894: https://twitter.com/agounardes/status/1252313560899870720?s=20
Today we'll cover 1894-2000.
THREAD
Partisan gridlock stymied constitutional reform for nearly a decade leading up to 1894. It was so bad that Governor David Hill proposed an alternative delegate selection process that would choose representatives from...2/
...the “prohibition, license, woman suffrage, labor reform, and anti-monopoly sentiment as well as those identified with any other special interests of importance, desiring changes in the organic law of the state…” rather than traditional partisan delegates. 3/
After the statewide elections of 1892, with Democrats controlling both the executive and legislative branches, a new state convention was finally approved by the legislature, and would begin its work in 1894. 4/
To the surprise of nearly everyone, despite losing the legislature in 1892, Republicans won the majority of delegate seats to the convention, and therefore controlled the constitutional revision process. 5/
The 1894 convention proposed adding three new rights to the bill of rights: 1) right to recovery in wrongful death cases; 2) a prohibition on certain types of gambling; and 3) the right to drain agricultural lands. (Yup.) 6/
The vote to include a women’s suffrage amendment failed to pass the convention by a vote of 98-58.
The convention proposed rescheduling municipal elections on off-years from state elections, so as to diminish the partisan nature of local elections. 7/
The convention proposed rescheduling municipal elections on off-years from state elections, so as to diminish the partisan nature of local elections. 7/
The convention also proposed required in-person voter registration.
Interesting to me, as Chairman of the Civil Service Committee, the convention adopted a recommendation to require a standard of “merit and fitness” to determine appointments to civil service positions...8/
Interesting to me, as Chairman of the Civil Service Committee, the convention adopted a recommendation to require a standard of “merit and fitness” to determine appointments to civil service positions...8/
...as well as the use of competitive examinations in filling government jobs.
The convention proposed several changes to the legislature & legislative process.
It increased the size of the senate to 50 senators, each representing approximately 2% of the state’s population. 9/
The convention proposed several changes to the legislature & legislative process.
It increased the size of the senate to 50 senators, each representing approximately 2% of the state’s population. 9/
In a quirk of drafting, the basis for counting population excluded non-property owning African Americans, even though they were counted for all other apportionment. This had no practical effect, because the federal census did not count population based on property-ownership. 10/
The convention also proposed allowing the senate to elect a Temporary President, who was to preside over the chamber in the absence of the Lieutenant Governor.
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The convention proposed requiring that all bills introduced in the legislative be made public for three days before they are voted on, a requirement that we still have in effect today. Additionally, a prohibition on attaching riders to appropriations bills proposed. 12/
The convention added an entire article on education, w/ 3 main parts: 1) a commitment for the maintenance & support of free common schools; 2) formally adopting the Board of Regents to oversee the school system; and 3) a prohibition on state support for religious schools. 13/
The adoption of this amendment elevated education to the status of a core constitutional value, though the amendment does not guarantee that everyone receives a constitutionally minimum level of education. 14/
To this day, there is still considerable debate over the state’s commitment to funding its public schools in line with its constitutional obligations. Learn more here: https://www.aqeny.org/equity/ 15/
1894 also saw the creation of the landmark “forever wild” provisions which obligated the state to keep the Adirondack and Catskill Forest Preserves free from development. Though over time this provision has been revised and diluted somewhat, it still remains in effect and...16/
...constitutionally protects many of the state’s natural resources.
All in all, ~ 400 proposals were presented to the 1894 convention, with 33 of them ultimately adopted. 17/
All in all, ~ 400 proposals were presented to the 1894 convention, with 33 of them ultimately adopted. 17/
Proposals to grant women’s suffrage, regulate anti-trust, guarantee pensions for the elderly, guarantee a right to join a union, and a ban on child labor all failed to even advance out of committee for the convention’s full consideration. (Wow.) 18/
The next attempt at constitutional reform came at the 1915 convention, where the major theme was reorganizing & reforming the growing executive branch & admin state. There were 169 different departments, bureaus, commissions, and agencies, many w/ overlapping jurisdiction. 19/
The 1915 convention proposed addressing this problem by organizing state government into three major categories. First, the attorney general and comptroller were kept as elective offices to ensure independence from the governor. 20/
Second were the agencies that were quasi-administrative and legislative or judicial, such as the department of education, public service commission, and the departments of labor and conservation. These departments needed legislative approval for department heads. 21/
Third were purely administrative agencies, which were consolidated into 10 departments and which the legislature was prevented from adding any additional ones.
These proposals were largely shaped by a young reformer named Robert Moses. Yes, that Robert Moses. 22/
These proposals were largely shaped by a young reformer named Robert Moses. Yes, that Robert Moses. 22/
The 1915 convention also set out to reform the state’s budget process. Up until then, the legislature controlled the state budget, with very little care or focus given to a comprehensive or consistent financial plan for the state. 23/
Constitutional reformers wanted to centralize the budget authority in the governor’s hands, who would then send it to the legislature for ultimate approval.
The 1915 convention also finally approved an amendment guaranteeing women the right to vote...24/
The 1915 convention also finally approved an amendment guaranteeing women the right to vote...24/
as well as an equal protection amendment modelled after the federal 14th Amendment. Additionally, the convention proposed banning sweatshop labor, inspired in part by the tragedy of the Triangle Shirtwaist Company fire in 1911. 25/
The 1915 convention overwhelmingly approved its proposed amendments to the constitution, only to see all its work rejected overwhelmingly by the public. The vote of the public referendum was 400,423 in favor to 910,462 against. 26/
However, by 1935, a majority of the convention’s 33 amendments would be adopted into the constitution.
Despite failing in 1915, an amendment granting women suffrage was approved by voters in 1917. 27/
Despite failing in 1915, an amendment granting women suffrage was approved by voters in 1917. 27/
In 1919, voters approved an amendment allowing for absentee voting for the first time, spurred to act in part by the large number of soldiers who could not vote while overseas fighting in Europe. 28/
In 1921, an amendment was added which imposed a literacy requirement to vote. Similar proposals were rejected in 1867 and 1915, but anti-immigration sentiment post-WW1 led to the amendment’s passage. 29/
In 1937, the term of office for assembly members was increased from one year to two.
Despite failing in 1915, significant reforms to the reorganizing the executive branch were accomplished between 1925 and 1938, as part of Al Smith’s tenure as Governor. 30/
Despite failing in 1915, significant reforms to the reorganizing the executive branch were accomplished between 1925 and 1938, as part of Al Smith’s tenure as Governor. 30/
In 1925, the constitution was amended to consolidate the executive branch into twenty distinct departments, with a prohibition on creating new departments by the legislature. 31/
In 1927, the constitution was amended to give the governor sole control of the budget process. Some scholars point to this as the most significant constitutional development in New York in the 20th century. 32/
I’ve been critical of the state’s executive budget structure. You can read more of my thoughts about that here: https://medium.com/@agounardes/reflections-on-this-years-state-budget-bc02527c0389 33/
In 1920, the constitution was amended to require the legislature pass an appropriation every year to pay the state’s debt service. This ensured that future legislatures would not avoid paying back previously incurred state debt. This provision is still operative today. 34/
Between 1915-1938 there was a thorough, if not complete, reorientation of state govt away from legislative dominance that represented the political traditions of the 19th century, and towards a centralized, efficient, executive-based model that we still operate under today. 35/
While the constitution was heavily amended during this time, it was done piecemeal, resulting in long passages that were no longer relevant or inconsistent w/ other sections. Though there was noimpetus for significant reform, voters narrowly approved a new convention in 1938. 36/
The 1938 convention proposed adding a “labor bill of rights” to the Bill of Rights, including provisions protective collective bargaining rights, requiring the payment of prevailing wage for publicly funded projects, and limiting how many hours workers could work. 37/
Additionally, the convention proposed a section prohibiting discrimination on the basis of race, color, or creed, marking this the first time a constitutional protection against discrimination would exist in the state constitution. 38/
The convention also proposed a right against unreasonable search and seizures, a right which although existed in the federal 4th Amendment, was not directly applicable to state police actions under 1949. 39/
For most of NY’s history, there was no constitutional bar against unreasonable search and seizures!
As befit the mood of the times, the 1938 convention also proposed a new article concerning social welfare. 40/
As befit the mood of the times, the 1938 convention also proposed a new article concerning social welfare. 40/
Section 1 of the article was intentionally vague, but laid out a vision for a much more expansive social safety net with its promise that “the aid, care and support of the needy are public concerns and shall be provided by the state and by such of its subdivisions.” 41/
Likewise, another article was proposed guaranteeing the state’s role in the creation of affordable housing for its residents. 42/
The convention addressed legislative reforms as well, seeking to increase the size of the senate from 51 to 53 members and extending the terms to 4 years. This proposal ultimately did not win the support of the public. 43/
Importantly, the 1938 convention successfully proposed a provision that would enshrine public workers pensions as contractual obligations which the state could at no point abrogate or diminish. 44/
Ultimately, the work of the 1938 convention was largely ratified by the public, with the exception of amendments concerning legislative reapportionment, judiciary reform, and proportional representation. 45/
In the years between 1938 and 1967, the constitution was amended 93 times!
In 1957, Governor Averell Harriman proposed an amendment that would allow for direct voter initiatives to amend the constitution, without requiring legislative action. 46/
In 1957, Governor Averell Harriman proposed an amendment that would allow for direct voter initiatives to amend the constitution, without requiring legislative action. 46/
This proposal failed to gain the support of the legislature. I wonder why.
In the 30 years between 1938 and 1967, 9 amendments were added to the bill of rights, including a right to create a state lottery. 47/
In the 30 years between 1938 and 1967, 9 amendments were added to the bill of rights, including a right to create a state lottery. 47/
9 amendments were adopted to broaden voter suffrage & access to absentee ballots. To this day, there is no constitutional right to an absentee ballot, but there is a proposal for no-fault absentee voting which passed the legislature once & will hopefully pass again next year. 48/
There were 9 amendments passed concerning the legislature during this period, though all were technical in nature, including an amendment to remove reference to the “Town of Flatbush in the County of Kings” that predated the unification of New York City. 49/
In 1962, significant changes were made via amendment to the judicial branch to create a unified court system and untangle the complex web of overlapping state courts. Although the amendments were passed, court consolidation and reform is still an issue to this day. 50/
In 1957, the constitution’s “forever wild” conservation article was amended to allow for the construction of the Northway through the Adirondacks, connecting the North Country to Albany. 51/
The next public referendum on whether to hold another convention was rejected by the voters in 1957. But after a Democratic landslide that swept the nation in 1964, the public narrowly approved a new convention by a vote of 53%-47%. 52/
The convention met in 1967, and was the last time the state would hold a constitutional convention. All of the recommendations proposed by the convention were overwhelmingly rejected by the public, but as in years past, many recommendations were ultimately adopted piecemeal. 53/
The 1967 convention proposed an innovative consumer’s bill of rights to protect residents from unfair and deceptive business practices, as well as expanding the equal protection clause to include sex, age, and physical disability discrimination. 54/
The convention also considered, but ultimately rejected, ending the constitution prohibition against public support for religiously-affiliated schools. This issue, more than any other, was arguably one of the convention’s most controversial. 55/
The ‘67 convention also proposed banning all forms of gerrymandering in the drawing of legislative districts. As you can see, gerrymandering is still alive and well in New York politics. 56/
Expanding on the “forever wild” provision, the convention proposed a “conservation bill of rights” which would obligate the state to reduce air, water, & noise pollution, as well as protect & regulate sources and wetlands. This was ultimately adopted in 1969. 57/
Of special interest to me, the convention proposed a new education amendment guaranteeing FREE public college! The rationale was that college was so fundamentally important to one’s future success, that it should be a public good available to all. 58/
I fundamentally believe in the importance of this, and have both written about the need for this and proposed my own constitutional amendment to do the same:
https://truthout.org/articles/why-new-york-state-should-guarantee-public-education-through-college/
https://www.nysenate.gov/legislation/bills/2019/s5255 59/
https://truthout.org/articles/why-new-york-state-should-guarantee-public-education-through-college/
https://www.nysenate.gov/legislation/bills/2019/s5255 59/
Since the failure of the 1967 convention, more than 5,000 amendments have been proposed to the constitution. Up through 1995, only 65 of those were approved by the legislature and only 43 were approved by the public. 60/
The Equal Rights Amendment was rejected by the public in 1975 and to this day has still not been adopted.
A proposal to determine whether the governor is disabled and unable to perform his or her duties, similar to the federal 25th Amendment, was rejected in 1986. 61/
A proposal to determine whether the governor is disabled and unable to perform his or her duties, similar to the federal 25th Amendment, was rejected in 1986. 61/
In 1977, the judges on the Court of Appeals were designated to be appointed by the governor for the first time in the court’s history, beginning in 1846.
In 1987, the constitution was amended to allow for the creation of three state-owned ski resorts. 62/
In 1987, the constitution was amended to allow for the creation of three state-owned ski resorts. 62/
In 1991, Governor Mario Cuomo publicly called for a convention, arguing that the only way to achieve real reform on voter registration laws, campaign finance regulation, and reforming the judicial selection process was through a convention. In 1997, voters rejected the call. 63/
Although the constitution has been amended a few times in 25 years since 1995 (where the book I’ve read leaves off), it has been all that much, or all that substantive. 64/
The structure of the constitution we have today is largely the same from the 1894 and 1938 conventions, and with all of the amendments added to it piecemeal over the last 125 years, now spans 20 articles and more than 50,000 words. 65/
It’s an important document in so many ways. The constitution can be unwieldly, dense, and inconsistent. But its still the blueprint for how OUR state government operates and functions. 66/
If you want to understand why things are done a certain way in NY, there’s a good chance that some of the 50,000+ words in the constitution offer an explanation. 67/
We don’t have a state holiday recognizing New York’s constitutional history. I think we should. If you think so, then please retweet this entire thread and drop me a line at [email protected].
Happy Constitution Day, New York!
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Happy Constitution Day, New York!
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