New Legislature Article for the New York Constitution

37 Pages Posted: 2 Sep 2012 Last revised: 24 Dec 2014

Date Written: December 24, 2014

Abstract

A revised article III (Legislature) of the New York Constitution is offered.

Present article III has 26 sections, and about 3,909 words. In revised article III, there would be 19 sections, and 1,864 words. Reduction: about 53%.

Seven sections of present article III would be swept away. The remaining sections would be bettered.

Two of the swept-away sections illustrate constitutional verbosity. Present section 4, the unofficial catchline of which is “Readjustments and reapportionments; when federal census to control,” has 860 words. Present section 5, the unofficial catchline of which is “Apportionment of assemblymen; creation of assembly districts,” has 859 words.

There would be a unicameral legislature: the New York Assembly.

Members of the New York Assembly would be elected from counties. The number of members (124) would be twice the number of counties (62).

To give effect to the one man, one vote dekret of the United States Supreme Court, a member of the New York Assembly would have a weighted vote, based on the number of citizens who are domiciled in the county from which he was elected.

With the counties as the geographic units of election, elaboration of assembly districts, and the related chicanery of tailoring assembly districts to partisan interests, would be obviated.

New provisions of revised article III: Four-year, rather than two-year, terms of office. A limit on terms of office. Also, staggered terms, so that one-half of the seats in the New York Assembly would be subject to election every two years.

Other essays about revision of the New York Constitution are:

New Preamble and New Bill of Rights Article for the New York Constitution New Suffrage Article for the New York Constitution New Executive Article for the New York Constitution New Officers and Civil Departments Article for the New York Constitution New Judiciary Article for the New York Constitution New Local Governments Article for the New York Constitution Eight New Articles for the New York Constitution

Keywords: bicameralism, Brown v. Thomson, citizen-legislator, enacting clause, incorporation by reference, national emergency, private bill, quorum, Reynolds v. Sims, term limits, unicameralism, voting

JEL Classification: K40, K49

Suggested Citation

Kruger, Stephen, New Legislature Article for the New York Constitution (December 24, 2014). Available at SSRN: https://ssrn.com/abstract=2140351 or http://dx.doi.org/10.2139/ssrn.2140351

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