NY State Senate Bill 2015-S2667

Senate Bill S2667

2015-2016 Legislative Session

Concerns the application of the NYS legislature petitioning the US Congress to call a national constitutional convention to propose certain amendments

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to judiciary
Jan 27, 2015	referred to judiciary

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2015-S2667 (ACTIVE) - Details

See Assembly Version of this Bill:: A7176
Current Committee:: Senate Judiciary
Law Section:: United States Constitution
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6559
2017-2018: S3317, A5109
2019-2020: S1763, A1248
2021-2022: S1070, A428

2015-S2667 (ACTIVE) - Summary

Concerns the application of the legislature of the state of New York petitioning the Congress of the United States of America to call a national constitutional convention to propose amendments in order to address concerns raised by the decision of the United States Supreme Court in Citizens United v. Federal Election Commission 130 S.Ct. 876.

2015-S2667 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2667

TITLE OF BILL:  An act on the application of the legislature of the
state of New York petitioning the Congress of the United States of
America to call a national constitutional convention to propose
amendments in order to address concerns raised by the decision of the
United States Supreme Court in Citizens United v. Federal Election
Commission 130 S.Ct. 876

PURPOSE:

To petition Congress to call a constitutional convention to propose
amendments in order to address concerns such as those raised by the
decision of the United States Supreme Court in CITIZENS UNITED V.
FEDERAL ELECTION COMMISSION (2010) 130 S.Ct. 876 and related cases and
events.

SUMMARY OF PROVISIONS:

Section 1 is the legislative finding and intent.

Section 2 declares the need for a convention to address CITIZENS
UNITED V. FEDERAL ELECTION COMMISSION (2010) 130 S.Ct. 876 and related
cases and events, establishes guidelines for delegates, and indicates
that this application for a convention be considered together with
similar applications from other states.

Section 3 petitions Congress to call said convention, pursuant to the
provisions of Article V of the United States Constitution.

Section 4 directs the Governor to transmit copies of this act to
Federal and State executives and legislative bodies.

Section 5 is the effective date.

EXISTING LAW:

None

JUSTIFICATION:

Article V of the United States Constitution requires the United States
Congress to call a convention for proposing amendments upon
application of two-thirds of the legislatures of the several states
for the purpose of proposing amendments to the United States
Constitution.

In CITIZENS UNITED V. FEC, the Court held that corporations and unions
have a First Amendment right to spend unlimited funds on campaign
advertisements, provided that these communications are not formally
"coordinated" with any candidate. In so holding, it found that the
political speech rights of American voters and corporate entities are
indistinguishable.

Citizens United's immediate impact was substantial. In one swift
stroke, the Court overturned at least twenty years of its own
precedent, rendered unconstitutional more than sixty years of federal


law restricting corporate electioneering expenditures, and annihilated
the statutes of twenty-two states that previously prohibited election
spending from corporate general-treasury funds.

When corporations, or other big money spenders, are able to flood the
airwaves with their messages, they can effectively drown out the
voices of other citizens, whose democratic right to political speech
deserves no less protection than those with financial resources. This
undermines the political equality that gives our government
legitimacy.

Given the inaction in Congress to address the issues raised by the
Citizens United case, New York State should take what action it can to
protect the integrity of our electoral process by joining other states
in petitioning Congress to hold a convention as authorized under the
provisions of Article V of the United States Constitution.

FISCAL IMPLICATIONS:

None

LOCAL FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

Immediately

2015-S2667 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2667

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 27, 2015
                               ___________

Introduced  by Sens. KRUEGER, HOYLMAN, PERALTA -- read twice and ordered
  printed, and when printed to be committed to the Committee on  Judici-
  ary

AN  ACT  on  the application of the legislature of the state of New York
  petitioning the Congress of the United States of  America  to  call  a
  national  constitutional  convention to propose amendments in order to
  address concerns raised by the decision of the United  States  Supreme
  Court in CITIZENS UNITED V. FEDERAL ELECTION COMMISSION 130 S.Ct. 876

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings  and  intent.  The  legislature  finds
that:
  a.  the first President of the United States, George Washington, stat-
ed:  "The basis of our political systems is the right of the  people  to
make and to alter their Constitutions of Government.";
  b.  it  was the stated intention of the framers of the Constitution of
the United States of America that the Congress of the United  States  of
America  should  be  "dependent  on  the  people alone." (James Madison,
Federalist 52);
  c. that dependency has evolved from a dependency on the  people  alone
to  a  dependency  on  those who spend excessively in elections, through
campaigns or third-party groups;
  d. the United States  Supreme  Court  ruling  in  CITIZENS  UNITED  V.
FEDERAL  ELECTION COMMISSION 558 U.S. 310 (2010) removed restrictions on
amount of independent political spending;
  e. the removal of those restrictions has resulted in the unjust influ-
ence of powerful economic forces, which have supplanted the will of  the
people  by  undermining  our ability to choose our political leadership,
write our own laws, and determine the fate of our state; and
  f. Article V of the United States  Constitution  requires  the  United
States  Congress  to  call  a  convention  for proposing amendments upon

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05461-01-5

S. 2667                             2

application of two-thirds of the legislatures of the several states  for
the purpose of proposing amendments to the United States Constitution.
  S 2. The legislature declares that:
  a.  the  State  of  New York sees the need for a convention to propose
amendments in order to address concerns such  as  those  raised  by  the
decision  of  the  United  States  Supreme  Court  in CITIZENS UNITED V.
FEDERAL ELECTION COMMISSION (2010) 130 S.Ct. 876 and related  cases  and
events  including  those  occurring  long  before  or afterward or for a
substantially similar purpose, and desires that said  convention  should
be so limited; and
  b. the State of New York desires that the delegates to said convention
shall  be  comprised equally from individuals currently elected to state
and local office, or be  selected  by  election  in  each  Congressional
district for the purpose of serving as delegates, though all individuals
elected or appointed to federal office, now or in the past, be prohibit-
ed  from  serving  as delegates to the Convention, and intends to retain
the ability to restrict or expand the power of its delegates within  the
limits expressed above; and
  c. the State of New York intends that this be a continuing application
considered together with applications calling for a convention currently
pending in the 188th Massachusetts legislature as S.1727 and H.3190, the
2013-2014  Vermont  legislature  as  SJR 27 and the 2013-2014 California
legislature as AJR 1, the  97th  Michigan  legislature  as  House  Joint
Resolution  BB  and  all other passed, pending, and future applications,
the aforementioned concerns of New York notwithstanding until such  time
as  two-thirds  of  the several States have applied for a Convention and
said Convention is convened by Congress.
  S 3. Pursuant to Article V of  the  United  States  Constitution,  the
Legislature  hereby  petitions  the  United  States  Congress  to call a
Convention for the purpose of proposing Amendments to  the  Constitution
of  the  United  States  of America as soon as two-thirds of the several
States have applied for a Convention.
  S 4. The Governor of the State of New York shall  transmit  copies  of
this  act  to the President and Vice President of the United States, the
Speaker of the United States  House  of  Representatives,  the  Minority
Leader  of the United States House of Representatives, the President Pro
Tempore of the United States Senate, to each Senator and  Representative
from  New  York in the Congress of the United States, to the Governor of
each State, and to the presiding officers of each  legislative  body  of
each  of  the  several States, requesting the cooperation of the several
States in issuing an application compelling Congress to call  a  conven-
tion for proposing amendments pursuant to Article V of the United States
Constitution.
  S 5. This act shall take effect immediately.

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