Senate Bill S1763A

2019-2020 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to judiciary
Apr 24, 2019	print number 1763a
Apr 24, 2019	amend and recommit to judiciary
Jan 16, 2019	referred to judiciary

Bill Amendments

Original

A (Active)

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2019-S1763 - Details

See Assembly Version of this Bill:: A1248
Current Committee:: Senate Judiciary
Law Section:: United States Constitution
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6559
2015-2016: S2667, A7176
2017-2018: S3317, A5109
2021-2022: S1070, A428

2019-S1763 - 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.

2019-S1763 - Sponsor Memo

                                
 
BILL NUMBER: S1763

SPONSOR: KRUEGER
 
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 adver-
tisements, provided that these communications are not formally "coordi-
nated" with any candidate. In so holding, it found that the political
speech rights of American voters and corporate entities are indistin-
guishable.

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 restrict-
ing 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 Citi-
zens 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.

 
LEGISLATIVE HISTORY:

2017-18: S.3317/A.Rosenthal, L.- Judiciary

2015-16: S.2667/A.Rosenthal, L. - Judiciary

2013-14: S.6559 NSA

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately

2019-S1763 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1763
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2019
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 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.
                                                            LBD04074-01-9

 S. 1763                             2
 
 application  of two-thirds of the legislatures of the several states for
 the purpose of proposing amendments to the United States Constitution.
   § 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.
   § 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.
   § 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.
   § 5. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2019-S1763A (ACTIVE) - Details

See Assembly Version of this Bill:: A1248
Current Committee:: Senate Judiciary
Law Section:: United States Constitution
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6559
2015-2016: S2667, A7176
2017-2018: S3317, A5109
2021-2022: S1070, A428

2019-S1763A (ACTIVE) - Summary

2019-S1763A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1763A

SPONSOR: KRUEGER
 
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 Amer-
ica 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 adver-
tisements, provided that these communications are not formally "coordi-
nated" with any candidate. In so holding, it found that the political
speech rights of American voters and corporate entities are indistin-
guishable.
  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 restrict-
ing 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 Citi-
zens  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.

 
LEGISLATIVE HISTORY:

2017-18: S.3317/A.Rosenthal, L. - Judiciary
2015-16: S.2667/A.Rosenthal, L. - Judiciary
2013-14: S.6559 NSA

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately

2019-S1763A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1763--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2019
                                ___________
 
 Introduced  by Sens. KRUEGER, BIAGGI, COMRIE, GIANARIS, GOUNARDES, HOYL-
   MAN, JACKSON, MAYER, MONTGOMERY, SALAZAR,  SERRANO,  SKOUFIS  --  read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Judiciary -- committee discharged, bill amended,  ordered
   reprinted as amended and recommitted to said committee

 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

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

                                                            LBD04074-02-9

 S. 1763--A                          2
 
   f. 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.
   § 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 passed in
 the  2013-2014  Vermont  Legislature  as R-454; the 2013-2014 California
 Legislature as Concurrent Resolution No. 1, Chapter 77; the  98th  Illi-
 nois General Assembly as SJR 42; the 2014-2015 New Jersey Legislature as
 SCR  132; the 2015-2016 Rhode Island Legislature as HR 7670 and SR 2589;
 and all other passed, pending, and future applications until  such  time
 as  two-thirds of the several states have applied for a convention for a
 similar purpose and said convention is convened by Congress.
   § 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.
   § 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.
   § 5. This act shall take effect immediately.

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Senate Bill S1763A

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Actions

Bill Amendments

co-Sponsors

2019-S1763 - Details

2019-S1763 - Summary

2019-S1763 - Sponsor Memo

2019-S1763 - Bill Text download pdf

co-Sponsors

2019-S1763A (ACTIVE) - Details

2019-S1763A (ACTIVE) - Summary

2019-S1763A (ACTIVE) - Sponsor Memo

2019-S1763A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Actions

Bill Amendments

co-Sponsors

2019-S1763 - Details

2019-S1763 - Summary

2019-S1763 - Sponsor Memo

2019-S1763 - Bill Text download pdf

co-Sponsors

2019-S1763A (ACTIVE) - Details

2019-S1763A (ACTIVE) - Summary

2019-S1763A (ACTIVE) - Sponsor Memo

2019-S1763A (ACTIVE) - Bill Text download pdf

Comments