New York's Broken Constitution: The Governance Crisis and the Path to Renewed Greatness (SUNY series in American Constitutionalism)

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. “This is an impressive volume, teeming with invaluable insights. It presents a compelling message: since many of the dysfunctions in state governance are inextricably tied to the organizational structures and policies detailed—and sometimes followed, sometimes disregarded—in the state constitution, constitutional reform is imperative. Anyone concerned about the operation and current dysfunction of New York State government should read this book.” — Vincent M. Bonventre, Albany Law School “This book will be enormously useful in guiding the public and scholarly debate in the lead-up to the November 2017 vote on the question of whether to hold a state constitutional convention.” — John J. Dinan, author of The American State Constitutional Tradition 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 [this Book] 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...[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.-- Introduction / Peter J. Galie And Gerald Benjamin -- Cleaning The Constitution Part I : Institutions And Rights / Peter J. Galie And Christopher Bopst -- Cleaning The Constitution Part Ii : Public Policies / Peter J. Galie And Christopher Bopst -- New York State's Allegedly Unified Court System / Daniel L. Feldman And Marc C. Bloustein -- These Seats May Not Be Saved : A Fair And Rule-bound Legislative Reapportionment Process / Jeffrey Wice And Todd A. Breitbart -- Mixed Messages : The Governor's Message Of Necessity And The Legislative Process In New York / Peter J. Galie -- Mind The Gap : The Promise And Limits Of Home Rule In New York / Richard Briffault -- Till Debt Do Us Part : The Opportunity For New York Finance Law To Enter The Twenty-first Century / Kenneth Bond -- The Gift That Keeps On Giving : New York's Approach To Gifts And Loans Of Public Money And Credit / Christopher Bopst -- Forever Wild : The Treatment Of Conservation And The Environment By The New York State Constitution / Paul Bray -- Gaming The Constitution : Why New York's Constitutional Gambling Prohibition Does Not Prohibit Gambling / Gerald Benjamin -- All Of Nothing At All : Changing The Constitution -- The Reform Dilemma / Gerald Benjamin -- Coda : Should Voters Approve The 2017 Ballot Proposition Calling For A Constitutional Convention In New York? Edited By Peter J. Galie, Christopher Bopst, And Gerald Benjamin. This Volume Grew Out Of Discourse At A Number Of Conferences At The Rockefeller Institute Of Government Held Over The Past Two Decades. Includes Bibliographical References And Index. 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. Peter J. Galie is Professor Emeritus of Political Science at Canisius College. Christopher Bopst is Chief Legal and Financial Officer at Sam-Son Logistics. They are the coauthors of The New York State Constitution, Second Edition. Gerald Benjamin is SUNY Distinguished Professor of Political Science and Director of the Benjamin Center at the State University of New York at New Paltz. He is coauthor (with Daniel L. Feldman) of Tales from the Sausage Factory: Making Laws in New York State, also published by SUNY Press, and coeditor (with Henrik N. Dullea) of Decision 1997: Constitutional Change in New York. La 4e de couv. indique : "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 [this book] 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 ... [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." "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 [this book] 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 ... [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."-- Back cover