New York's Broken Constitution

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.

"...argue[s] convincingly that New York's Constitution is so riddled with anachronisms and has been so circumvented by legislative exceptions that it finally needs to be overhauled." — New York Times"...this book should … be read by every community leader in New York." — CHOICE"...[a] well-researched and well-written book … I enthusiastically recommend New York's Broken Constitution to voters as they contemplate their decision on calling a constitutional convention." — Philip Terrie, Adirondack Explorer"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

• PrefaceIntroductionPeter J. Galie and Gerald BenjaminI. The Care and Maintenance of the State Constitution 1. Cleaning the Constitution Part I: Institutions and RightsPeter J. Galie and Christopher Bopst2. Cleaning the Constitution Part II: Public PoliciesPeter J. Galie and Christopher BopstII. Institutions 3. New York State’s Allegedly Unified Court SystemDaniel L. Feldman and Marc C. Bloustein4. These Seats May Not Be Saved: A Fair and Rule-Bound Legislative Reapportionment ProcessJeffrey Wice and Todd A. Breitbart5. "Mixed Messages:" The Governor’s Message of Necessity and the Legislative Process in New YorkPeter J. Galie6. "Mind the Gap": The Promise and Limits of Home Rule in New YorkRichard BriffaultIII. Policies 7. "Till Debt Do Us Part": The Opportunity for New York Finance Law to Enter the Twenty-First CenturyKenneth Bond8. "The Gift That Keeps on Giving": New York’s Approach to Gifts and Loans of Public Money and CreditChristopher Bopst9. "Forever Wild": The Treatment of Conservation and the Environment by the New York State ConstitutionPaul Bray10. Gaming the Constitution: Why New York’s Constitutional Gambling Prohibition Does Not Prohibit GamblingGerald BenjaminIV. Constitutional Change 11. "All or Nothing at All": Changing the Constitution—The Reform DilemmaGerald BenjaminCoda. Should Voters Approve the 2017 Ballot Proposition Calling for a Constitutional Convention?List of ContributorsTable of CasesIndex