New York S Broken Constitution

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

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.

A New York Times Book Review Editors' Choice An innovative account of Abraham Lincoln, constitutional thinker and doer Abraham Lincoln is justly revered for his brilliance, compassion, humor, and rededication of the United States to achieving liberty and justice for all. He led the nation into a bloody civil war to uphold the system of government established by the US Constitution—a system he regarded as the “last best hope of mankind.” But how did Lincoln understand the Constitution? In this groundbreaking study, Noah Feldman argues that Lincoln deliberately and recurrently violated the United States’ founding arrangements. When he came to power, it was widely believed that the federal government could not use armed force to prevent a state from seceding. It was also assumed that basic civil liberties could be suspended in a rebellion by Congress but not by the president, and that the federal government had no authority over slavery in states where it existed. As president, Lincoln broke decisively with all these precedents, and effectively rewrote the Constitution’s place in the American system. Before the Civil War, the Constitution was best understood as a compromise pact—a rough and ready deal between states that allowed the Union to form and function. After Lincoln, the Constitution came to be seen as a sacred text—a transcendent statement of the nation’s highest ideals. The Broken Constitution is the first book to tell the story of how Lincoln broke the Constitution in order to remake it. To do so, it offers a riveting narrative of his constitutional choices and how he made them—and places Lincoln in the rich context of thinking of the time, from African American abolitionists to Lincoln’s Republican rivals and Secessionist ideologues. Includes 8 Pages of Black-and-White Illustrations

The New York State Constitution provides an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of New York's constitutional history, it provides an in-depth, section-by-section analysis of the entire constitution, detailing the many significant changes that have been made since its initial drafting. This treatment, along with a table of cases, index, and bibliography provides an unsurpassed reference guide for students, scholars, and practitioners of New York's constitution. Previously published by Greenwood, this title has been brought back in to circulation by Oxford University Press with new verve. Re-printed with standardization of content organization in order to facilitate research across the series, this title, as with all titles in the series, is set to join the dynamic revision cycle of The Oxford Commentaries on the State Constitutions of the United States. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.

New York Politics examines aspects of state government that are often hidden in the secret sessions of the parties' legislative conferences: the closed-door budget; a complicated array of opaque agencies, authorities, and local governments; and a campaign finance system that lacks transparency. New York is unique among the American states in the existence of regional and demographic divisions, making it difficult to govern. Edward V. Schneier, Antoinette Pole, and Anthony Maniscalco bring clarity and understanding to the politics of the Empire State. This third edition of the leading textbook on New York politics combines historical, legal, statistical, and journalistic sources with the candid perspectives of legislators, lobbyists, and other public officials. Critical updates and new information include an analysis of the rise and fall of Governor Andrew Cuomo, coverage of growing demographic diversity in New York State and its government, and the impact of unified government when the legislature and executive branch are both controlled by the Democratic Party.

The Canadian constitutional reforms of 1982, which included a Charter of Rights and Freedoms analogous to the American Bill of Rights, brought about a convergence with American constitutional law. As in the U.S., Canadian courts have shown themselves highly protective of individual rights, and they have not been shy about assuming a leading and sometimes controversial political role in striking down legislation. In clear and easy-to-understand language, the contributors not only chart, but also explore, the reasons for areas of similarity and difference in the constitutional politics of Canada and the United States.