By Harold Moskowitz
The New York State Constitution has a provision requiring a proposition on the ballot for authorizing a state constitutional convention. This must be done every twenty years. Some people who have heard of the possibility of a “convention” have some confusion about whether or not this is the same as the “Convention of the States” which is provided for in Article V of the United States Constitution. Article V provides a way for the states to propose new amendments for the United States Constitution rather than having them proposed by Congress. The Article V Convention of States will be addressed in a future article.
The process of adding new amendments to the New York State Constitution would extend over a two year period of time. The proposition for authorizing the convention will appear on the November 7, 2017 general election ballot. The wording will state: “Shall there be a convention to revise the constitution and amend the same?” If approved, delegates to the convention would be elected in the November 6, 2018 general election. Three delegates would be elected from each state senatorial district as well as fifteen delegates-at-large. The convention would meet in Albany and begin its work on April 2, 2019.
The original intent of a state constitutional convention was to provide the people with an opportunity to take appropriate action for limiting the legislature or elected state officials. However, convention delegates would not be limited as to proposed changes they would like to make to the state constitution. A proposed amendment would need at least a simple majority of fifty-one percent to pass before being submitted to the state’s voters.
Constitutional amendments can give a government a new power as was the case of the eighteenth amendment to the U.S. Constitution which gave Congress the power to prohibit the making, selling, transporting, use, or possession of alcoholic drinks. Proposed state constitutional amendments could result in changes to powers held by the Governor and the legislature. Such new powers could affect social and labor issues including revisions to public sector employee pensions already being received by retirees. State election districts could be redrawn using a revised system that could further increase “downstate” political power. The legislature could be empowered to elevate the idea of “sanctuary cities” to that of making New York a “sanctuary state.”
The New York State Constitution does not specifically protect the right to keep and bear arms. Although state constitutions may not undermine or deny rights protected in our U.S. Constitution, proposed amendments to our state constitution could provide state officials with the power to discourage firearm ownership through high excise taxes on firearms and ammunition much as “sin taxes” are imposed upon alcohol and tobacco products. Power could be granted to the legislature for implementation of “social engineering” programs or for the remediation of “income inequality” through programs of the type started under former President Obama. This was to be accomplished by using statistical data from each postal zip code data mined from 2010 census reports.
After the convention feels that it has fulfilled its mission, the newly proposed amendments will appear on the general election ballot in November, 2019. Propositions might be phrased in a general and vague way. A hypothetical example might be: “Shall the legislature of the State of New York be given the ability to take a greater role in protecting the safety and well-being of the residents of the state?” As worded, who would not think this proposition worthy of a “yes” vote?
Yet, embedded in that broad grant of power to protect the safety and well-being of state residents could be the power to enact new or expanded taxpayer funded “give away” entitlement programs for “buying” votes in future elections. Restrictions or a ban on the use of lead bullets as both an environmental and a health priority are then feasible. Special crushing taxes on gun dealers, gun shows, and any gun manufacturers still remaining in the state, due to their “adverse” effect on the safety of New York residents, would be likely. The Attorney General could feel empowered to remove current protections from firearm manufacturers, dealers, and gun show organizers for injury and wrongful death lawsuits stemming from unlawful, unintended use of their products.
In an overwhelmingly liberal state where progressive liberal views predominate, giving life to an unrestricted constitutional convention would be risky at best for protecting the right to keep and bear arms.
