Chapter 6 The Legislature

The Legislature’s History The authors of the 1777 State Constitution intended the legislature to dominate. This was consistent with federal structure. The executive authority of the governor was feared because of appointed governors. Like the federal executive the nature of government has increased the authority of the governor with regard to the legislature. The authoritarian structure of the legislature’s leadership has impacted upon relationship.

The Power of Impeachment In 1913 Governor William Sulzer, a Democrat, was impeached, convicted, and removed by a legislature controlled by the Democrats. In 2006, Comptroller Alan Hevesi, a Democrat, resigned under threat of impeachment, though he had been re-elected with 57% of the vote. The Senate acts like a jury in a trial. The Senate can remove judges by a 2/3rds vote when recommended by the governor.

Legislative Restrictions Aging of Bills – provision routinely violated. One Subject Bills (Title must reflect content) Prohibition of Reference Prohibition on Certain Private or Local Bills Prohibition of private claims. 2/3rds Majority Bills– overriding governor’s veto + appropriations for local or private purposes. 3/5ths Majority Bills on tax issues. Blaine Amendment – prohibits state from assisting denominational institutions.

Gerrymandering A major factor in New York politics. Senate when controlled by GOP made boundaries that protected their majority. Assembly drew boundaries that gave the Democrats a veto-proof majority. Reform is essential. If Democrats still hold the Senate in 2010, will they reform this abuse of power. Non-partisan commission should draw districts.

Three Men in A Room A vestige of late 19 th & early 20 th century machine or bossim politics. Legislative leaders are dictators in their respective houses of the legislature. Individual legislators have little or no power. The individual legislators often no little about the bills that they are voting upon. Will this change when the Democrats control both houses of the Legislature?

Length of Terms In 18 th Century it was considered a reform to require candidates to run every 2 years. In the 21 st Century with the cost of running for office approaching $1 million per district per campaign is it wise? It makes legislators indebted to sources of campaign donations. Should New York change this provision? Should both houses have the same terms?

The Speaker of the Assembly Elected by a majority of Assembly members. Similar to the Speaker of the House of Representatives in terms of power. Committee assignments come from the Speaker This Speaker rules with an iron hand. A revolt against the Speaker can end a members legislative career. Assembly members have little or no staff without the benefit of committee assignments.

President Pro-tem of Senate The Lieutenant Governor is Senate President. Majority leader usually becomes Temporary President of the Senate. Unlike the U.S. Senate the President Pro-Tem has real power. It is often assumed that it is Majority Leader where the power resides– that’s incorrect. Under the GOP the Senate President Pro-Tem has been as dictatorial as Assembly Speaker.