By Judicial Decree

Thats right, it took a judicial decree to force our New York State Senate to conveen as one whole body. See the State Senate is acting like two brothers who do not want to share a toy. So, the mother (the judiciary) must step in and force them to get along.

The fact that it came to a judicial order to force their hand is an embarresment to the state and the electorate. Our legislative body is so dysfuctional, so pathetic, so thick-headed, that they require another branch of the government to tell them what to do and when to do it.

In a tripartite government each body should be able to act as an autonomous entity. Meaning each one should be able to function with as little interferance from the other two as possible. So, when i say it is embarrassing that our legislature needs another branch to force it to do its job, its an absolute truth. Rather than working like a smooth system, with each branch doing its job. New York State has the Executive and Judicial branches babysitting a dysfunctional legislature pulling them away from their respective duties, making the whole system fall apart.

I suppose this is why we have three branches of government, to ensure the rights of the voting electorate. However, New York is a special case scenario. The founders created the three branch system as a fail safe, a back up to the voters not being able to take action. Which, we can’t currently. But, once we are given to option to fix the problem it is in the voters hands again.

New York has taken the opposite approach. We have decided to rely on the fail-safe of the three branch system exclusively. We continually re-elect the same people to office ensuring the continuation of the problem. Fix the problem people. Stop looking at this situation and saying “not my legislator” becasue it is your legislator, its all of them. Get with it and make an informed decision rather than a decsion that continues the the problem.

The Art of Redistricting

Well, in an earlier post I stated that the reason the Republicans decided to act now and begin this whole senate debacle is because of the census in 2010. That reasoning has been confirmed.

In 2010 the state representitves get the chance to re-draw the district lines according to the new census once it is completed. Obviously, the ones who hold the power will be ones to re-draw as they see necessary and gerrymander districts however they please, just as the Republicans had done for the last 20 plus years.

Now, it is the Dems turn to get some revenge and the Republicans are scared of losing the senate and never getting it back. They could be re-districted out of the senate for over 20 years. However there is something more than just re-districting that has the Republicans scared of the 2010 Census….population shift.

The Democrats may not have to re-district, even though they will, to take the senate and never give it back. Some experts are saying that a large population surge has occured in the downstate area since the last census and upstate has seen a huge drop in population. Since downstate is usually more liberal than upstate it is entirely resonable to think that with a larger population in downstate districts will be forced to split, creating more downstate districts. With the population loss upstate districts will have to merge and see a loss of Republican districts.

So, that is why we are seeing the action by the Republicans now. Essentially, if they didnt act soon they would have been frozen out of the senate and who knows when they could make a comeback…maybe never.

Back to Basics…

Rudy Giuliani has finally said something more impressive than the words September 11th. Giuliani has suggested that the state re-evaluate its constitution and hold a convention.

New York has the option of hold a convention every 20 years or so. The last one was held in 1967. In order to hold a convention the state, as a whole, must vote up or down to open a convention. Should that happen the elctorate would vote on delegates. The Delegates would conveen in Albany and come up with changes to the State constitution which then voters would vote to adopt the changes and henceforth the new constitution.

So, why should the state take this kind of action? Well, there are several things wrong with the constitution. Firstly, New York has decided that it will pass constitutional amendments rather than laws in order to keep corruption out of the system. The fall off however is that amendments are inherantly harder change making them more perminate. Henceforth, making our constitution antiquated.

So, the only way to fix the backroom dealing, rentention rate, and leadership issues we must fix the states legal document. It would give the voters a chance to make real change in the state and not have to rely on professional politicians to do it since none of them can be elected to the delegation.

By removing all current politicians we will have the chance to clean up the state and remove all the gunk that has bogged our electoral system down. We only stand to gain through this process. It needs to be done and should be done.

We have the chance to hold a constitutional convention in 2010 if the voters decide to hold one. Lets take that chance.

A Tale of Two Senates

Where to begin …I suppose the only appropriate place to start is to recap a little of what happend in the New York State Senate Yesterday Afternoon.

Essentially both “majorities” showed up for special session, at different times of course, and proceeded to hold two different sessions of Senate. At 2 pm Republicans held session while the Democrats remained seated in their chairs. At that point Republicans “passed” legislation by pretending to vote. In reality all they did was read the names of senators present saying that counted as a vote. So, in their version of democracy all bills passed unopposed.

Then at 3 pm the Democrats held session, acting similarly to the Republicans. Bringing bills to the floor and voting on them. More importantly I suppose is the fact that while each Presiding President Pro Tempore of the two sessions spoke the opposing one isisted on making cat calls trying to interrupt them. In fact at one point opposing senators began making personal attacks at each other reminiscent of playgrounf bullying. Proud I am to be a New Yorker….

Essentially, at this point, every single New Yorker needs to consider how our state government is operating…or lack thereof. Our elected officials are acting in a way that parents of 5 year olds would not put up with. Why should we, the responsible voting electorate, allow them to retain their positions when they cleary can not handle the responsibility of the position. I am not talking about one or two of them. I am saying the unit, as a whole, is useless.

What should we do then? Vote them all out. Every single one. Whoever “the other guy” is, vote him in office. I would rather have someone who knows nothing of state government, someone who is on the exact opposite political spectrum of me, but believes in democracy and has the integrity to act democratically than any of the people currently filling those positions.

The need for this kind of action is obvious. We do not have a functioning democracy as long as representitves that continue the old practices remain. By establishing new blood in the chambers, all of them, this state stands a chance at regaining glory. Until then, New York will be the laughing stock of the nation. As the actions of the Senate have proved.

Loose Ends and Gay Marriage

First, let me apologize for not updating the blog in a few days. I have been very busy working two jobs trying to pay for my Masters in Communications.

As far as everything in the senate in concerned they are doing exactally what i said would happen. They are compromising the necessary business of the people of the State of New York for their own politcal gains. I agree whole heartedly with Governor David Paterson. He absolutly should compel the legislature to be in Albany until all necessary business is concluded.

One of those necessary actions should be Gay Marriage Reforms. This has been talked about for far too long now. It is time to just vote on it and let it pass. Gay individuals are not asking to become apart of our churches, they are not asking to join any religous activites at all, they just want to recieve the tax benefits that everyone else is entitled to when they get married. I agree with this action. Everyone should be entitled to the same benefits as everyone else.

However, I believe the necessary change is not the ones the state is considering. The problem the state has crashed into with Gay Marriage is a problem of legel wording. The state’s statuates state the benefits are levied when someone is “Married”. Marriage is a religous term coined by Jewish and Chistian sects. This means a religous entity, the church who defines the term, has the discrection of what Marriage is. Therefore, they can decide if Marriage is between a Man and a Women or not.

This is not a term that should be in legal, SECULAR, documents. In order to eleiviate the problem the law should be changed for all people to a union. Union would just replace marriage in the law keeping all the benefits for all people, including Gays. Under a wording change like this all people would have to registar with the state as two people coming together in a union. Then after they receive their Secular union the couple can choose whether or not they would like to recieve a Sacrament of the church.

This would exonerate the state from making a decsion of what marriage is or is not and allows the church to continue whatever its defination of marriage is or is not. It is the perfect answer.

Still Getting Paid

For all of you out there who were concerned that your State Senator was not being compansated for his or her time spent in Albany the last few days, the proper paper work got filed for both Democarts and Republicans yesterday.

Thats right…despite not doing their jobs and dragging out poplitical manuvering, they are still getting thier salaries. I know if i do not show up for work, i don’t get paid for that day. However, that does not change anything in Albany. Once elected an official doesn’t have to do anything for the public. I mean, its not like they are beholden to anyone.

Anyway, both parties managed to file all the necessary paperwork to be paid before session closes. Although typically done together, each group filed seperatly. Not the point if you ask me…the fact that they had the audacity to ask for a pay check when they have not conveened session in more than a week, thats the point. Personally, it would appear to me that the senate owes the taxpayers money. They work on our payrolls. Which means we are their employer. We should get the money back that they did not earn. Now, if they want to go ahead and work overtime in order to earn that money, have at it. Until then i want my money back!

Just as a side note to all this…Senators are paid nearly 73,000 a year for what is currently considered a PART-TIME job. Thats the best part-time job i have ever heard of. Nevermind that they also get all the amenities that come with a Government job. Which part-time workers in the real world dont get. So, they get this awesome pay check, they get all these benefits, and then they choose not to work. WTF?!. Does anyone elses feel like we are being screwed or what….

The Senate Is Like Florida….

The Senate Democrats have proposed a Power Sharing Intitive to solve the 31-31 deadbolt in the State Senate. This would essentially make the Floor Leader and Majority Leader postions a time share.

Whenever a Democrat holds the position of Majority Leader, a Republican will hold the position of Floor Leader, thereby canceling each other out. The positions will be rotating every day. Meaning every new session, the party that held the Majority Position the day before now holds the Floor Leaders Position and abdecates the Majority Leaders Position for 24 hours.

Additionally, the two parties will agree to create a six member Senate Conferance Committee , 3 members each, which will decide which bills will be brought to the floor for a vote. No bill will reach the floor unless this committee reaches a majority decsion to bring it to a vote.

This is a well intentioned idea. In fact, i actually like the idea of a committee being formed to decide what gets to the floor … maybe with more than six members, but its a start. Although this will elongate the process of democracy, which is a slow process anyway, it will allow for the possibility of more discussion. Unfortunately, the truth of the matter is that this will just result in more back room dealing. If only there was a way to ensure discussion was done in committee and not behind closed doors….

I am not sure the rotating majority leaders idea is good, or for that matter necessary, since a committee will be decideing what hits the floor. But that is something i would have to see in motion in order to figure out if it works.

Overall, this is not a bad first attempt at reaching a resolution. Bi-patisanship in Albany is not a bad thing. When the Republicans first made the coup they say it was bipartisan….two democrats does not make you bipartisan…. this kind of change where a discussion in necessary to decide what is brought to the table is much more useful, at least in my opinion.

The Decsion

The decision on who is in charge of the senate has come down, and the answer is….. anybody who can get 32 votes together and create a majority.

The Honarable Thomas McNamera decided that two co-equal branches of government can not interfere with each others inner workings. Essentially, saying that it is not up to him to decide who leads the senate. Only the representitves and the voters can decide that.

He did mention, quite explicitly, that a delay any longer of the matter would not be in the public interest and would be detramental to the state as a whole. No argument there for sure. In fact, i agree whole heartdly with this decision. The judiciary should only step in on the legislative branch when and where the constitution allows. We have a seperation of powers for a reason.

Now, the whole senate mess falls in the hands of nothing more than a bunch of what seems like kids playing tug of war. Eventually someone is going to win, but not until the process has been dragged through the mud. I will have more on this tomorrow as it develops.

A New Leader Emerges

Well, we are beginning to see some results from the recent changes in the Senate. The Most important of which is the creation of what seems to be a split leadership position within the democratic party.

While Malcom Smith is going to take care of all the “Outside Issues” such as getting democrats re-elected and filling seats. Senator John Sampson of Brooklyn will be assuming the other half of the Majority Leaders abilites. I suppose this means the day-to-day operations of the Senate. Problem is, what does that mean…If Smith is only dealing with “external issues” than does that mean Sampson is going to be on the gavel from now on? I suppose that question can not be answered until a majority is formed or solidified by either one party or the courts.

All we do know, at this time, is that the Senate Democratic Party has been split into down the middle with two leaders. This appreach did not work for the Roman Republic, its not going to work now. By spliting the party the democrats are creating a crevas for the Republicans to worm their way into. Eventually, if the divide remains, the Republicans will take control of the senate, again.

It is going to be imperitive to hold a majority until 2010. 2010 is the year the census comes out, and with every census comes the re-districting of all electoral districts. So, we are not just talking about State Assembly and State Senate, we are talking Congress as well. If the Republicans hold the majority they can re-district as they please and vice-versa for the Dems. Problem being that the Republicans have held this honor for several years and have gerrymandered the districts beyond recognition.

So, a change would be good. Make the process a bit more representitve of what the areas actually have in voter registration.

However, the chances of reform here are very low. We have to remember that the democrats have held the Assembly as long as the Republicans held the Senate. So, they are just as bad. But now everyone understand why the republicans are so interested in getting thier power back and not waiting for an election.

A Senate Divded…

Well with the beginning of a new week comes new information about the senate coup and the state of New York State Senate. Here is a the lastest in the drama from Albany:

1. Monserrate, one of the defecting senators from the democratic majority has decided to go back to the democratic conferance. In return for his change of heart Monserrate gets various bills he has supported to go to the floor. More importantly, it means the house is divded evenly 31-31. So, no one party has a majority.

2. The whole debacle will go to the courts to figure out who the majority leader is and if the vote on the floor last monday was legal and binding.

3. After a long weekend of discussions Malcolm Smith is no longer the leader of the senate majority party…important that you say party there because he is still the majority leader for the senate. In order to persuade Monserrate back to the democratic side Smith had to step down as the leader of the senate dems.

So, now that everyone is up to date we can begin the process of disceting the long term conciquences of this whole thing. First of all it is pretty clear that nothing more will be accomplished this session. This issue will be resolved and then the senators will close session. So, thanks alot for nothing. However, chances are they will be brought back mid-break in order to finish the business they could not conclude during session. This in between time is when everything will really be solved.

Something tells me that this session will be resolved with Malcolm Smith as Majority Leader and a split in the Senate 31-31. However when session returns in the summer suddenly Malcolm Smith will be replaced and the democrats will have a 32-30 majority again. I have no idea yet who the new leader will be, but i think change will be made to lick the wounds of the rogue dems. But who knows, these things have a way of getting away from the dems in New York as we have seen.