What is the constitutional convention and why is it important today?
Voters across the country are taking to the polls today to make their voices heard. But voters in New York are facing a decision no other voters are tackling - whether or not to call a constitutional convention that could dramatically change the state’s highest document.
What is a constitutional convention?
A constitutional convention, in its broadest definition, is a call for delegates to come together and discuss the creation of a constitution or changes to one.
The United States held the original constitutional convention (which resulted in the U.S. Constitution) in the summer of 1787. Constitutional conventions can still be called as a way to propose amendments to the U.S. Constitution, though this hasn’t ever been done.
States also have their own constitutions, and have their own rules about how those may be changed - including by constitutional convention.
So what is going in in New York?
Every 20 years, New Yorkers decide whether or not they want to call a constitutional convention. They haven’t voted “Yes” to hold a convention since 1938, reported The New York Times, though the legislature called its own convention in 1967 without going through the voting process.
If citizens vote yes, it would trigger a process wherein voters would elect three delegates from each state Senate district and another 15 at-large delegates (that would be 204 in total) to attend a convention. At that convention, the delegates would be able to draft and propose amendments or even completely rewrite the state’s constitution, reported Business Insider.
Once the convention is over, voters would have to approve the changes. They could decide to approve none of them - just as they did in 1967, reported Politico.
Why is this such a big deal for New York?
It’s been an increasingly contentious issue as election day has neared.
Supporters of the convention point to the fact that the state’s highest document hasn’t been updated since 1938, and say it’s time for a thorough run-through of the nearly 60,000-word constitution to see if there’s a way to root out perceived cronyism and corruption in the state government, reported the Democrat and Chronicle.
“Things like term limits, which voters want, will never get done without a constitutional convention. New York has no right to clean air and fresh water. There are many exciting things that we can do to improve our state,” Bill Samuels, a leading supporter of the convention and chairman of Effective New York, told NY 1 in October.
The ability to freely and quickly cut through the glacial bureaucratic process is appealing to those who want change to come rapidly. But for many others, calling the convention looks like an expensive and dangerous mistake.
Detractors of a convention, which include The New York Times and the ACLU, say a convention would be costly and open up the floodgates to waves of political money, which could corrupt the process.
According to the Democrat & Chronicle, each of the 204 delegates would be paid $79,500. That, plus the cost of the convention itself, would put taxpayers in the hole for millions of dollars - with no concrete promise of change.
Apart from the cost, some are worried that big money will flow into the delegate’s pockets from corporate donors, causing delegates to propose amendments beholden to special interests, reported the New York Times.
Which way is the state leaning?
In a series of polls conducted by Sienna College, voters initially approved the plan in early October but have since turned against the proposal in droves. Now, 57 percent of voters in the latest poll say they will vote no on the question of calling a convention, reported the Associated Press.
This story was originally published November 7, 2017 at 9:43 AM with the headline "What is the constitutional convention and why is it important today?."