State needs a constitutional convention to restore democracy
October 2nd, 2009
Poughkeepsie Journal
By Joel Miller
The recent state Senate “coup” proved that each political party is willing to do everything it can to have total power.
We witnessed a short-lived power-grab in the Senate by the Republicans, who for decades controlled that house with fierce domination while never expressing any interest in government reform.
Then the newly elected Democrats, having run on a campaign of reform while delivering none, regained power. The power to control was gained when each party took turns aligning itself with the most ethically and morally challenged members of the Senate.
When the dust settled, there was some reform, but when the Democrats regained power, they rewarded defector Sen. Pedro Espada Jr. with a leadership position, kept Sen. Malcolm Smith in power and welcomed Sen. Hiram Monserrate back to the caucus.
The circus that visited the Senate was a disgrace to the state and an unmistakable demonstration of why we need a “People’s Constitutional Convention.”
Clearly, the need to reintroduce and guarantee democracy, sanity and ethical reform in government cannot be left to the current three branches of government. The Legislature, as an extension of the majority party in power, no longer places good governance above its interest in control of member-item money, the power to draw district lines, committee chairmanships, salary for staff or selection of office space. The judiciary has become more concerned with judicial activism and rewriting legislation than its constitutional responsibilities of interrupting the law. The governor, with the power to rewrite state law through Article VII language in the budget, can, when unchecked, usurp the power of the Legislature. The rank-and-file legislators, in both houses and in both parties, are left out of the legislative process, essentially becoming lemmings and rubber stamps voting on bills crafted and agreed to in advance by legislative leaders behind closed doors.
To return democracy and good governance to New York state, we should turn to the people, those for whom government was intended to serve, to correct what elected representatives clearly cannot.
While my conference and I fight the good fight to advance excellent programs and point out the failures of the proposals we oppose, we are stifled by a system that pushes us to the periphery. Most Assembly majority members fare no better when “three men in a room” dictate without an open, transparent process.
There is a federal mandate of “one person, one vote.” The federal courts interpret the U.S. Constitution to mean equal distribution of resources and benefits to the people regardless of their representative’s party. One glaring violation is disproportionate staff allotments. Further, equal access to member items for all legislators, or better, none to any, is demanded by this doctrine. What we see is the distribution of taxpayer member-item money for political gain. This year was particularly disgusting with $85 million in pork doled out in the state Senate, split $77 million for the 32 majority members and just $8 million for the 30 minority members. Almost 50 percent of the population represented by the Senate minority were denied their constitutional fair share, thanks to the failures of the governor, the legislative leaders and the New York courts, which have denied lawsuits in an effort to remain neutral.
The Constitution should not micromanage nor should it tackle issues that the electorate can easily change. A “People’s Constitutional Convention” must tackle procedural challenges, restoring democracy in our government, realigning the concept of checks and balances that strengthen the division of power making certain one branch doesn’t dominate another. To do this, the convention must be nonpartisan as well as demographically and geographically diverse so that every population is represented. We can achieve this, together.
Only a revised Constitution can correct the course of our government by holding current leadership accountable since they have proven, beyond a doubt, absolute power corrupts absolutely, even in a democracy. As always, your input is appreciated. Feel free to contact my district office at 845-463-1635 or e-mail millerj@assembly.state.ny.us.
