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New York State United Teachers
Briefing Bulletin
Research and Educational Services

Vote "No" for a Constitution Convention
September 1997 - No. 97-17

On November 4, 1997, the question, Shall there be a convention to revise the constitution and amend the same? will be put before the voters of New York State. If the voters say "yes," then 198 convention delegates would be elected on November 3, 1998. The convention would open in Albany in April 1999 and continue until its work is completed. November 2, 1999, is the earliest that proposed constitutional revisions could be submitted to the electorate for ratification.

The convention referendum is one of two ways the constitution may be amended. The constitution requires that the question appear on a ballot at the general election every twenty years. Also, the Legislature may place the question on a ballot at any time. The other method is the legislative referendum that requires any vote of two successively elected legislatures for specific amendments. In both cases, any proposed amendments are presented to the people for approval.

In 1965, the Legislature placed a convention question on the ballot. The people voted for calling a convention. Rather than submitting several individual amendments, the convention produced a new Constitution. The people rejected the proposed new Constitution by a vote of almost 3 to 1.

In keeping with the twenty year requirement, 1977 was the last time the question was submitted to the people, and the majority of people voted "no."

NYSUT has joined others in opposing the 1997 call for a constitutional convention.

New Yorkers For Fiscal Fairness (NYFF), whose members represent religious, community-based, human services and labor organizations, reported three major reasons for opposing a convention:

1. Protections Under Current Law That Could Be in Jeopardy

  • Civil rights
  • Prevailing wage
  • Education funding
  • Aid and care of the needy
  • "Forever wild" clause
  • Restrict workers' rights to organize and to bargain collectively
  • Women's reproductive health right

    2. Possible Additions to the Constitution

  • Referendum and initiative
  • Lift the ban on state aid to religious schools
  • School vouchers
  • Right-to-work
  • State budget and taxation spending caps

    3. Method of Delegate Selection

  • The selection process favors current legislators, especially State Senators who would be running in their district.
  • It discriminates against minority participation.
  • The entire delegate selection process would be astronomically expensive.

    Citizens Against A Constitutional Convention (AFL-CIO) asks why taxpayers should pay $50 million for a convention when our schools don't have decent books, or adequate classrooms.

    The Association of the Bar of the City of New York completed a comprehensive study of the constitution and, in June 1997, issued the Report of the Task Force on the New York State Constitutional Convention.

    The Association found "that important areas genuinely need change. We have concluded, however, that for a variety of reasons a constitutional convention held under the present circumstances would be ill-equipped to consider and adopt the structural changes that most concern us, and might ultimately do more harm than good."

    The Association recommends a "no" vote and recommends the "creation of interdisciplinary panels to develop specific proposals for constitutional reform for consideration by the Legislature or a future constitutional convention."

    The Association reported that estimates range from $35 million to $65 million for the cost to taxpayers of holding an election for convention delegates, compensating the delegates, compensating support staff, paying for facilities, and presenting its proposals to the voters for ratification.

    When you consider the potential harm for unwanted constitutional revision, the problems with the delegate selection process, and the exorbitant cost for a convention, NYSUT continues to urge members to "Vote No" to the question, Shall there be a convention to revise the constitution and amend the same?


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