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Full Description
Examines the significant gaps between what New York State's constitution says and how the state is actually governed and offers ideas for reform.
On its face, New York State's constitution is an elaborate and impressive aggregation of processes, powers, mandates, and limits. But many of these are "inoperative," and New Yorkers who read the document and believe what it says will come away with a massive misunderstanding of the realities of state government. The essays in New York's Broken Constitution seek to clarify the realities by bringing attention to the gaps between what the constitution says and how the state is actually governed, and they provide a disquieting picture of the state of the state's constitution. Among the topics addressed are state debt and budgeting practices, legislative redistricting, local government, gambling, conservation, and the process of amending the constitution. Written by knowledgeable professionals, the chapters explain the constitutional provisions in question, including the reasons for their constitutional status; how they have been used and interpreted; and the extent of the gaps between the constitutional provisions and practice. Various proposals for reform are also examined.
Contents
Preface
Introduction
Peter J. Galie and Gerald Benjamin
I. The Care and Maintenance of the State Constitution
1. Cleaning the Constitution Part I: Institutions and Rights
Peter J. Galie and Christopher Bopst
2. Cleaning the Constitution Part II: Public Policies
Peter J. Galie and Christopher Bopst
II. Institutions
3. New York State's Allegedly Unified Court System
Daniel L. Feldman and Marc C. Bloustein
4. These Seats May Not Be Saved: A Fair and Rule-Bound Legislative Reapportionment Process
Jeffrey Wice and Todd A. Breitbart
5. "Mixed Messages:" The Governor's Message of Necessity and the Legislative Process in New York
Peter J. Galie
6. "Mind the Gap": The Promise and Limits of Home Rule in New York
Richard Briffault
III. Policies
7. "Till Debt Do Us Part": The Opportunity for New York Finance Law to Enter the Twenty-First Century
Kenneth Bond
8. "The Gift That Keeps on Giving": New York's Approach to Gifts and Loans of Public Money and Credit
Christopher Bopst
9. "Forever Wild": The Treatment of Conservation and the Environment by the New York State Constitution
Paul Bray
10. Gaming the Constitution: Why New York's Constitutional Gambling Prohibition Does Not Prohibit Gambling
Gerald Benjamin
IV. Constitutional Change
11. "All or Nothing at All": Changing the Constitution—The Reform Dilemma
Gerald Benjamin
Coda. Should Voters Approve the 2017 Ballot Proposition Calling for a Constitutional Convention?
List of Contributors
Table of Cases
Index
