We The People - Volunteers

Updated: Monday, September 10th

The following are the full-text resolutions passed by the "We The People Congress" in 1997 in preparation for presentment to the citizens of New York state constitution in the event a state constitutional convention was approved.

We The People Congress, Inc. is a political organization based in New York and also chaired by Robert Schulz.

NOTE: The resolutions on the summary page directly affecting the NY constitution are marked with an " * ". Only the text of these resolutions is included below. Copies of the full and signed set of resolutions of this organization are available upon written request and receipt of reproduction costs.

The full-text versions have been broken into TWO web pages. -- click here -- to see the second page. We apologize for the lack of optimal formatting due to resource constraints as We The People Foundation prepares for the historic tax hearing on September 25th.

WE THE PEOPLE CONGRESS

FULL TEXT OF RESOLUTIONS BY WE THE PEOPLE

(as of October 8, 1997)

*Resolution No. 8 Requesting That The Delegates To The State Constitutional Convention Add A Few Words To The Constitution To Guarantee A Timely State Budget

WE THE PEOPLE CONGRESS

RESOLUTION NO. 8

REQUESTING THAT THE DELEGATES TO THE

STATE CONSTITUTIONAL CONVENTION ADD

A FEW WORDS TO THE CONSTITUTION TO

GUARANTEE A TIMELY STATE BUDGET

WHEREAS, on November 4, 1997, the people of the State of New York will vote on

the question “Shall there be a convention to revise the Constitution and amend the same?”

WHEREAS, for purposes of political expediency the Legislature (with the cooperation

of the Executive) has turned a blind eye toward the constitutionally

prescribed budget adoption process, by failing to finally act, before the start of the ensuing fiscal year, on the Governor’s proposed budget appropriation bills,

WHEREAS, the Judicial branch has also turned a blind eye toward the Constitution by

failing to apply this constitutional will of the people to the other two

branches, holding that the Constitution is not clear on when (or if) a State budget has to be in place; the Judiciary has ignored the intent of the framers and the precedents established during the State’s initial fifty-year history of on-time budgets following the people’s approval of the current constitutional provisions regarding the adoption of the State budget in 1927, now therefore be it

RESOLVED, that this Congress declare and it hereby does declare that Article VII,

Section 5 of the State Constitution should be revised to read as follows: “Annually, on or before the first day of April, both houses of the legislature shall finally act on all the appropriation bills submitted by the governor. Neither house of the legislature shall consider any other bill making an appropriation until all the appropriation bills submitted by the governor shall have been finally acted on by both houses, except on message from the governor certifying to the necessity of the immediate passage of such a bill for a genuine emergency such as a large forest fire or an earthquake, requiring an expenditure of funds for items not anticipated in the appropriation bills submitted by the governor or otherwise available.” (Words in italics are new).

And be it further resolved

RESOLVED, that the Chairman, Pro-tem, be and he hereby is directed to deliver a copy

of this Resolution to the delegates to the Constitutional Convention should

the people order a convention by their vote on November 4, 1997.

YES _____ NO _____

Printed Name:_______________________ Signature:________________________

97-62

*Resolution No. 9 Remonstrance Against Public Debt In General, And Specifically, The Proposed State Takeover Of The Debt Of The Long Island Lighting Company, A Private Corporation And Requesting That The Delegates To The State Constitutional Convention Add A Few Words To The Constitution To End “Back-Door” Borrowing.

WE THE PEOPLE CONGRESS

RESOLUTION NO. 9

REMONSTRANCE AGAINST PUBLIC DEBT IN GENERAL,

AND SPECIFICALLY, THE PROPOSED STATE TAKEOVER

OF THE DEBT OF THE LONG ISLAND LIGHTING

COMPANY, A PRIVATE CORPORATION

AND

REQUESTING THAT THE DELEGATES TO THE STATE

CONSTITUTIONAL CONVENTION ADD A FEW WORDS TO

THE CONSTITUTION TO END “BACK-DOOR” BORROWING

WHEREAS, public debt is among the greatest of dangers to be feared by citizen-

taxpayers,

WHEREAS, public debt and reckless fiscal behavior by State and local governments

in New York did, in fact, cause the deep and widespread fiscal collapses of 1837 and 1867, resulting in great public indignation and the public demand for and approval of various debt-limiting and fiscal control provisions of the Constitution, now set forth in Article VII (State Finances), Article VIII (Local Finances) and Article X (Corporations),

WHEREAS, the Legislative and the Executive have adopted a law [State Finance Law

Section 123-b(1)] which in its effect denies citizen-taxpayers the right to defend those debt-limiting provisions of the Constitution by specifying that citizens shall not be allowed to maintain a lawsuit if the subject matter deals with the “authorization, sale, execution or delivery of a bond issue or notes issued in anticipation thereof by the State or any agency, instrumentality or subdivision thereof, or by any public corporation or public benefit corporation,”

WHEREAS, the Judicial branch by honoring SFL 123-b(1) in its decisions, has allowed

the Executive and the Legislative branches to change the people’s

Constitution; it has dismissed challenges to the constitutionality of public

debt issuances by State and local agencies,

WHEREAS, the Judiciary, when repeatedly requested, in formal proceedings, to strike

down SFL 123-b(1) as a violation of the people’s fundamental,

constitutional right to petition the government for a redress of grievances,

particularly with respect to constitutional violations, has, without exception, refused to address the issue of the constitutionality of SFL 123-b(1), thereby denying persons the exercise of their constitutional rights, and thereby unlawfully changing the people’s Constitution,

WHEREAS, the Executive and the Legislative, secure in their belief that they could

continue to operate behind the shield of SFL 123-b(1), with the help of the

Judiciary, have been incurring public debt at an alarming rate, even to pay

operating costs of government agencies, to fund operating deficits of

government agencies, and to balance the budgets of government agencies,

all without voter approval and in violation of known debt-limiting

provisions of the Constitution,

WHEREAS, to accomplish their borrowing objectives, the Executive and the Legislative

have been creating public corporations to issue the bonds, but routinely using public funds to pay obligations of those public corporations; this practice has become known as “back-door borrowing,”

WHEREAS, such practices have caused New York State to lose its early 1960’s

position as a strong creditor State to become a weak debtor State with the lowest credit rating of all States,

WHEREAS, the Rockefeller administration started the decline principally through its

creation of and the use of tax-supported debt issued by the Urban Development Corporation; the Carey administration contributed to the decline principally through its creation of and the use of tax-supported debt issued by the Municipal Assistance Corporation of New York City; and the Cuomo administration contributed to the decline principally through the creation of and the use of tax-supported debt by the Local Government Assistance Corporation as well as by the Thruway Authority, the Urban Development Corporation and the Metropolitan Transportation Authority,

WHEREAS, in violation of the debt-limiting provisions of the Constitution, the

Legislative and the Executive branches have been authorizing scores of cities, towns, counties and school districts to issue long-term debt to fund operating costs, operating deficits and to otherwise balance their budgets,

WHEREAS, reliance on borrowed money to fund operating costs and operating deficits,

including the repair and maintenance of existing facilities, has now become a common practice for the Executive and Legislative branches,

WHEREAS, public debt is largely responsible for the fact that the people of New York

State are the most heavily taxed people in the nation and the taxes have become overburdensome and oppressive, and

WHEREAS, the Pataki administration has proposed using one of the newest public

corporations (the Long Island Power Authority) to issue up to $10 billion in long-term debt, which action would fund a takeover of the Long Island Lighting Company, including paying off all the private investors in LILCO and paying off billions of dollars of debt owed by LILCO, which action only exacerbates the tax and credit burden of the entire State, now, therefore, be it

RESOLVED, that this Congress memorialize, and it hereby does memorialize, the New

York State Legislature to repeal the exception language in State Finance Law Section 123-b(1), thereby demonstrating that it is not their intent to change the Constitution by not allowing the people to exercise their fundamental right to petition their government, and be it further

RESOLVED, that this Congress memorialize, and it hereby does memorialize, the Unified

Court System of New York to reach the question on the constitutionality

of State Finance Law Section 123-b(1), at the earliest opportunity, thereby responsibly defending the constitutional right to petition the government for a redress of grievances, and be it further

RESOLVED, that this Congress memorialize, and it hereby does memorialize, Governor

Pataki to abandon his plan for a State takeover of the Long Island Lighting Company, and be it further

RESOLVED, that this Congress declare, and it hereby does declare, that the sovereignty

of the people should be underscored by strengthening the Bill of Rights at Article I, Section 1 of the Constitution by adding a new sentence to begin the section as follows:

“No authority shall, on any pretense whatever, be exercised over the people or members of this state, but such as shall be derived from and granted by them; any prior or future act of the legislature as is repugnant to any provision of this constitution is hereby abrogated....,” (words in italics are new), and be it further

RESOLVED, that this Congress declare, and it hereby does declare, that the will of the

people should not be transgressed for political purposes and that this should be underscored by strengthening Article I, Section 9.1 of the Constitution to read as follows:

“No law shall be passed abridging the rights of the people to peaceably assemble and to petition the government, or any department thereof, for a redress of grievances; no citizen of this state shall ever be denied standing, for any reason whatsoever, to maintain an action in the unified court system against the government for an alleged violation(s) of this constitution; nor shall any divorce....” (words italics are new),

and be it further

RESOLVED, that the Chairman, Pro-tem, be and he hereby is directed, to deliver a copy

of this Resolution to each member of the State Legislature, to the Governor, to the Chief Judge and, should the people order a convention by their vote on November 4, 1997, to the delegates to the Constitutional Convention.

YES _____ NO _____

Printed Name:_______________________ Signature:________________________ 97-64

*Resolution No. 10 Remonstrance Directed At The Legislative And Executive Branches For Adding To The Salaries And Profits Of Private Corporations By Authorizing The Use Of Public Funds To Subsidize Their Ordinary Operating Costs And Requesting That The Delegates To The State Constitutional Convention Add A Few Words To The Constitution To End “Corporate Welfare”

WE THE PEOPLE CONGRESS

RESOLUTION NO. 10

REMONSTRANCE DIRECTED AT THE LEGISLATIVE

AND EXECUTIVE BRANCHES FOR ADDING TO THE

SALARIES AND PROFITS OF PRIVATE CORPORATIONS

BY AUTHORIZING THE USE OF PUBLIC FUNDS TO

SUBSIDIZE THEIR ORDINARY OPERATING COSTS

AND

REQUESTING THAT THE DELEGATES TO THE STATE

CONSTITUTIONAL CONVENTION ADD A FEW WORDS

TO THE CONSTITUTION TO END “CORPORATE WELFARE”

WHEREAS, in capitalizing on the current public interest in economic development

the government has been assiduously creating hundreds of so-called

economic development agencies (IDA’s), Local Development Agencies (LDC’s), Economic Development Agencies (EDC’s) and the New York State Economic Development Corporation; through grants, tax credits, and other forms of subsidy. These government agencies have been adding to the profits of private corporations by authorizing the use of public funds to subsidize ordinary operating costs and to otherwise assist those corporations, all in violation of Articles VII and VIII of the Constitution,

WHEREAS, through the device of “member items”, the Legislature appropriates

hundreds of millions of dollars every year for the funding of thousands of private, not-for-profit organizations, including religious organizations, social and ethnic clubs, chambers of commerce, sportsman’s associations, and industry associations; through these grants the government has been adding to the salaries of the directors of these organizations or otherwise decreasing the urgency for the types of private, charitable support on which these organizations have traditionally relied, and

WHEREAS, subsidizing the taxes and other ordinary operating costs of private

corporations is not only unconstitutional, it only serves to increase the tax burden of New York citizens, since there is “no free lunch,” now, therefore, be it

RESOLVED, that this Congress declare, and it hereby does declare, that the will of the

people should not be transgressed for political purposes and that this should be underscored by strengthening Articles VII and VIII of the Constitution, to make this clear, reading as follows:

“Article VII, Section 8.1. The money of the state shall not be given or loaned to or in aid of any public or private corporation or association, or private undertaking for any reason or purpose whatsoever [,but the foregoing provisions shall not apply to any fund or property now held or which may hereafter be held by the state for educational, mental health or mental retardation purposes.]” (matter in italics is new, matter in brackets is deleted),

“Article VIII, Section 1. No county, city, town, village or school district shall give or loan any money or property to or in aid of any individual, public or private corporation or association, or private undertaking for any reason or purpose whatsoever, or become directly or indirectly the owner of stock in, or bonds of, any private corporation or association; nor shall any county, city, town, village or school district give or loan its credit to or in aid of any individual, or public or private corporation, or association or private undertaking....” (words in italics are new),

and be it further

RESOLVED, that the Chairman, Pro-tem, be, and he hereby is, directed to deliver a copy

of this Resolution to the delegates to the Constitutional Convention should the people order a convention by their vote on November 4, 1997.

YES _____ NO _____

Printed Name:_______________________ Signature:________________________ 97-65

*Resolution No. 14a To Convert The Two-House State Legislature To A Single Chamber

WE THE PEOPLE CONGRESS

RESOLUTION NO. 14a

TO CONVERT THE TWO-HOUSE STATE

LEGISLATURE TO A SINGLE CHAMBER

WHEREAS, the framers of the original New York Constitution did establish a two-

house legislature comprised of a four-district, twenty-four member senate

and a fourteen-county, seventy member assembly, with the intent that the

number of senators and assemblymen be “justly proportioned to the number

of electors,”

WHEREAS, the principle difference between senators and assemblymen and the

principle difference in the classification of the electors entitled to vote for

each was based, in effect, on economic worth,

WHEREAS, today, these differences no longer apply, it being a fact that to qualify as a

senator or assemblyman or to qualify as a voter for one or the other, no

means testing applies; in other words the social conditions requiring two houses no longer exist, all substantive, constitutionally prescribed differences between the senate and the assembly have been extinguished over time, and the present two house legislature is an anachronism,

WHEREAS, it is important that this body understand the historical antecedents to what

this Resolution proposes, namely that the original New York Constitution provided, in effect, for a continuation of the colonial legislative body known as the assembly, and included qualifications of those entitled to vote for assemblymen: every male inhabitant of full age, who shall have personally resided within one of the counties of the state for six months immediately preceding the day of election was entitled to vote for representatives of said county in assembly, if during that time he shall have been a freeholder, possessing a freehold of the value of twenty pounds within the county, or have rented a tenement therein of the yearly value of forty shillings and actually paid taxes to the state, provided always that every freeman in the City of Albany and every person who was a freeman of the City of New York on or before October 14, 1775, was entitled to vote,

WHEREAS, the original New York Constitution provided that the Senate shall consist

of twenty-four freeholders, chosen by the freeholders of the state possessed of freeholds of the value of one hundred pounds, over and above all debts charged thereon,

WHEREAS, today, the qualifications of state senator (and those entitled to vote for

same), are no different from the qualifications of state assemblymen (and those entitled to vote for same),

WHEREAS, the powers and duties of the senate have always been virtually identical to

the powers and duties of the assembly,

WHEREAS, all substantive constitutionally prescribed differences between the senate

and the assembly have been extinguished over time, now therefore be it

RESOLVED, that this Congress declare, and it hereby does declare, that Article III of the

New York State Constitution should be revised to read as follows:

Section 1. Commencing with the regular session of the Legislature to be held in January, in the year two thousand and one, the legislative authority of the state shall be vested in a Legislature consisting of one chamber. The people reserve for themselves, however, the power to propose laws, and amendments to the constitution, and to enact or reject the same at the polls, independent of the Legislature, and also reserve power at their own option to approve or reject at the polls any act, item, section, or part of any act passed by the Legislature. All authority vested by the constitution or laws of the state in the Senate, the Assembly, or joint session thereof, in so far as applicable, shall be and hereby is vested in said Legislature of one chamber. All provisions in the constitution and laws of the state relating to the Legislature, the Senate, the Assembly, joint sessions of the Senate and the Assembly, Senator, or member of the Assembly, shall, in so far as said provisions are applicable, apply to and mean said Legislature of one chamber hereby created and the members thereof. All references to Speaker of the Assembly or Majority Leader of the Senate shall mean, when applicable, the Speaker of the Legislature of one chamber. All references to President of the Senate are repealed. Whenever any provision of the constitution requires submission of any matter to, or action by, the Assembly, the Senate, or joint session thereof, or the members of either body or both bodies, it shall after January first, two thousand and one, be construed to mean the Legislature herein provided for.

and be it further

RESOLVED, that the Chairman pro tem be, and he hereby is directed to deliver a copy of

the Resolution to the delegates to the Constitutional Convention should the people order a convention by their vote on November 4, 1997.

YES _____ NO _____

Printed Name:_______________________ Signature:___________________________

*Resolution No. 14b To Reserve To The People The Supreme Legislative Power Within This State Through Initiative And Referendum

WE THE PEOPLE CONGRESS

RESOLUTION NO. 14b

TO RESERVE TO THE PEOPLE THE SUPREME

LEGISLATIVE POWER WITHIN THIS STATE

THROUGH INITIATIVE AND REFERENDUM

WHEREAS, the framers of the original New York Constitution Article on the

Legislature (now Article III) vested the supreme legislative power within this State in the Legislature; the people distributed to the Legislature all of their power to legislate, reserving none of that power to themselves,

WHEREAS, the Legislature has abused its power by routinely passing unconstitutional

laws and ignoring constitutional mandates, by using its power to benefit

private aims at the expense of the public good, by squandering the people’s labor under the pretense of caring for the people, by undemocratically controlling ballot access and by engaging in interbranch cooperation with the Executive and Judiciary,

WHEREAS, consequently, New York State has a highly politicized, non-representative

Legislature, and

WHEREAS, under our system of self-government (government derives its just powers

from the consent of the governed) the people can amend Article III of the Constitution in order to redistribute the power to legislate, granting but some of that power to the Legislature, reserving to the people the supreme legislative power, now therefore be it

RESOLVED, that this Congress declare, and it hereby does declare, that Article III of the

New York State Constitution should be revised to read as follows:

Section 2. The first power reserved by the people is the initiative whereby laws may be enacted and constitutional amendments adopted by the people independently of the Legislature. This power may be invoked by petition wherein the proposed measures shall be set forth at length. If the petition be for the enactment of a law, it shall be signed by seven percent of the registered voters of the state, and if the petition be for the amendment of the Constitution, the petition therefor shall be signed by ten percent of such registered voters. In all cases the registered voters signing such petition shall be so distributed as to include five percent of the registered voters of each of two-fifths of the counties of the state, and when thus signed, the petition shall be filed with the Secretary of State who shall submit the measure thus proposed to the electors of the state at the first general election held not less than four months after such petition shall have been filed. The same measure, either in form or in essential substance, shall not be submitted to the people by initiative petition, either affirmatively or negatively, more often than once in three years. If conflicting measures submitted to the people at the same election be approved, the one receiving the highest number of affirmative votes shall thereby become law as to all conflicting provisions. The constitutional limitations as to the scope and subject matter of statutes enacted by the Legislature shall apply to those enacted by the initiative.

Section 3. The second power reserved is the referendum which may be invoked, by petition, against any act or part of an act of the Legislature, except those making appropriations for the expense of the state government or a state institution existing at the time of the passage of such act. Petitions invoking the referendum shall be signed by not less than five percent of the registered voters of the state, distributed as required for initiative petitions, and filed in the office of the Secretary of State within ninety days after the Legislature at which the act sought to be referred was passed shall have adjourned sine die or for more than ninety days. Such petition shall set out the title of the act against which the referendum is invoked and, in addition thereto, when only a portion of the act is sought to be referred, the number of the section or sections or portion of sections of the act designating such portion. When the referendum is thus invoked, the Secretary of State shall refer the same to the electors for approval or rejection at the first general election to be held not less than thirty days after the filing of such petition.

When the referendum is invoked as to any act or part of act, other than emergency acts or those for the immediate preservation of the public peace, health, or safety, by petition signed by not less than ten percent of the registered voters of the state distributed as aforesaid, it shall suspend the taking effect of such act or part of act until the same has been approved by the electors of the state,

and be it further

RESOLVED, that the Chairman pro tem be, and he hereby is directed to deliver a copy of

the Resolution to the delegates to the Constitutional Convention should the people order a convention by their vote on November 4, 1997.

YES _____ NO _____

Printed Name:_______________________ Signature:___________________________

*Resolution No. 14c To Reduce The Size Of The Legislature To Provide For A Part Time Legislature, And To Set Salaries Of Legislators.

WE THE PEOPLE CONGRESS

RESOLUTION NO. 14c

TO REDUCE THE SIZE OF THE LEGISLATURE

TO PROVIDE FOR A PART TIME LEGISLATURE,

AND TO SET SALARIES OF LEGISLATORS

WHEREAS, the Legislature has abused its power by creating the necessity and system for a strong leader, including for the use of monetary allowances and incentives in addition to salary to confirm and strengthen the leadership system, and by using tax-supported time to draft and introduce tens of thousands of bills known by their sponsors to be frivolous and to have no chance of passage but introduced to appease constituents,

WHEREAS, such a system is contrary to the way our representative system was designed to work, is out of control, and does not benefit the people generally, and

WHEREAS, Constitutional action is required to place the legislative power under stronger constitutional control and discipline, by reducing its size, lifestyle and cost, now, therefore be it

RESOLVED, that this congress declare, and it hereby does declare, that Article III of the New York Constitution should be further revised to read:

“Section 4. The Legislature shall be composed of 122 legislators. The voters of each representative district established by law shall elect two representatives from that district.

Section 5. The members of the Legislature shall receive a salary of two-hundred seventy five dollars for each day the Legislature is in regular, special or reconvened session, but in no event shall the total annual salary exceed thirty-five thousand dollars. Each member shall also be reimbursed for his reasonable, actual traveling expenses in going to and returning from the place in which the Legislature meets, not more than once each week while the Legislature is in regular, special or reconvened session. The members of the Legislature shall not receive any compensation other than said salary and traveling expenses.

Section 6. The Legislature shall meet once each year on the second Wednesday in January. Except as herein provided for reconvened sessions, no regular session of the Legislature shall continue longer than ninety days. In the event of an extraordinary, unforeseen event such as a natural disaster, invasion or large scale riot, the Governor may act to convene a special session, upon the application of two-thirds of the members of the Legislature, but only for the purpose of addressing that emergency. No other business may be considered at a special session.

The Legislature shall reconvene on the fourth Wednesday after adjournment of each regular or special session, if necessary, for the purpose of considering bills which may have been returned by the Governor with recommendations for their amendment and bills and items of appropriation bills which may have been returned by the Governor with his objections. No other business shall be considered at a reconvened session. Such reconvened session shall not continue longer than three days unless the session be extended, for a period not exceeding seven additional days, upon the vote of the majority of the elected members,” and be it further

RESOLVED, that the Chairman pro tem be, and he hereby is directed to deliver a copy of this Resolution to the delegates to the Constitutional Convention should the people order a convention by their vote on November 4, 1997.

YES _____ NO _____

Printed Name:_______________________ Signature:___________________________97-116

*Resolution No. 15 To make it easier for independents and party insurgents to access the election ballot.

WE THE PEOPLE CONGRESS

RESOLUTION NO. 15

MAKING IT EASIER TO ACCESS THE BALLOT

BY REPLACING THE CURRENT UNDEMOCRATIC

PETITIONING PROCESS WITH A FILING FEE APPROACH

WHEREAS, the current approach to ballot access is a highly politicized, undemocratic,

party-perpetuating approach requiring that independents and party

insurgents file procedurally restrictive petitions, while party choices are simply designated to appear on the ballot,

WHEREAS, under the current petitioning approach to ballot access it is virtually

impossible for independents to access the ballot,

WHEREAS, two major political parties control ballot access and through their control

of ballot access the two parties control the governors, the legislators and the judges,

WHEREAS, there is a need to replace the current petitioning process with a simple

filing fee approach, now therefore be it

RESOLVED, that this Congress declare, and it hereby does declare that Article II of the

State Constitution should be revised by adding a section to read as follows:

“Any person otherwise qualified to hold any position or office which requires the name of the candidates for that position or office to appear on an election ballot in order to receive any votes from the electorate, shall have access to that ballot by filing his or her real name as he or she may wish to have it appear on the ballot and by paying a filing fee equal to 1/10 of 1% of the annual salary of the position or office holder or $50.00, whichever is more. All such filings shall be made no sooner than ninety calendar days prior to the election. The candidate’s name and fee shall be filed with the clerk of the county within which the elected office is located, or in the case of an elected office which serves citizen-residents located in two or more counties, the candidate’s name and fee shall be filed with the Secretary of State.”

and be it further

RESOLVED, that the Chairman pro tem be, and he hereby is directed to deliver a copy of

the Resolution to the delegates to the Constitutional Convention should the people order a convention by their vote on November 4, 1997.

YES _____ NO _____

Printed Name:_______________________ Signature:_______________________

*Resolution No. 16 To Limit Campaign Financing By Other Than Individuals

WE THE PEOPLE CONGRESS

RESOLUTION NO. 16

TO ELIMINATE CAMPAIGN CONTRIBUTIONS BY

PUBLIC AND PRIVATE CORPORATIONS, INCLUDING

POLITICAL PARTIES, POLITICAL ACTION

COMMITTEES AND EMPLOYEE UNIONS

WHEREAS, private and public corporations and associations, including political

parties, political action committees and employee unions are

contributing, directly and indirectly, money and other resources to candidates for public office,

WHEREAS, such contributions seek to further the private aims of the corporations,

rather than the individual liberty and personal freedoms of the ordinary,

non-aligned citizen-taxpayer and the public good, now therefore be it

RESOLVED, that this Congress declare, and it hereby does declare, that Article II of the

State Constitution should be revised by adding a section to read as follows: “In the interest of individual liberty and freedom, any individual seeking to hold any public position or office which requires the names of the candidates for that position or office to appear on an election ballot in order to receive any votes from the electorate shall be free, subject to the restrictions stated below, to expend private funds in any amount, to influence individual voters to cast their votes for him or her. In the interest of individual liberty and freedom, any individual wishing to help elect an individual candidate for public, elected office shall be free to contribute his or her private resources, in any amount, towards the election of that candidate, provided the individual candidate publicly and timely discloses the amount received, according to law, at least 72 hours in advance of the election. Private and public corporations and associations, including political parties, political action committees and employee unions, are prohibited from contributing funds or resources, directly or indirectly, towards the election of any candidate or candidates to public office.”

and be it further

RESOLVED, that the Chairman pro tem be, and he hereby is directed to deliver a copy of

the Resolution to the delegates to the Constitutional Convention should the people order a convention by their vote on November 4, 1997.

YES _____ NO _____

Printed Name:_______________________ Signature:_______________________

*Resolution No. 17 To Provide For Recall Of Elected Officers And For Non-Partisan Elections

WE THE PEOPLE CONGRESS

RESOLUTION NO. 17

TO PROVIDE FOR RECALL OF ELECTED OFFICERS

AND FOR NON-PARTISAN ELECTIONS

WHEREAS, the power to recall an elective official is inherent in the electorate in our system, but no procedure is provided constitutionally or otherwise,

WHEREAS, the recall of an elective officer should be carried out in decency and good order,

WHEREAS, it is becoming increasingly obvious that in the State of New York political parties have, in effect, seized the power of government by usurping the elective process, thereby undermining our representative, republican and constitutionally accountable system of government of, by and for the people, making it imperative that partisan politics be removed from the election of all but statewide officials, and

RESOLVED, that this Congress declare, and it hereby does declare, that Article II of the New York State Constitution should be revised to read as follows:

“Section 10, Recall is the power of the voters to remove an elective officer.

Section 11.(a) Recall of a State Officer is initiated by delivering to the Secretary of State a petition alleging reason for recall. Sufficiency of reason is not reviewable. Proponents have 160 days to file signed petitions.

(b) a petition to recall a statewide officer must be signed by voters equal in number to 12 percent of the last vote for the office, with signatures from each of 5 counties equal in number to at least 1 percent of the last vote for the office in the County. Signatures to recall State legislators and judges of the Courts of Appeal and trial courts must equal in number at least 12 percent of the last vote for the office.

Section 12. An election to recall an officer and, if appropriate, to elect a successor shall be called by the Governor and held not less than 60 days or more than 80 days from the date of certification by the Secretary of State of sufficient recall signatures. If the majority vote on the question is to recall, the officer is removed and, if there is a candidate, the candidate who receives a plurality is the successor. The officer who is subject of the recall vote may not be a candidate.

Section 13. The Legislature shall provide by law for circulation, filing and certification of petitions, nomination of candidates, and the recall election.

Section 14. If recall of the Governor or Secretary of State is initiated, the recall duties of that office shall be performed by the Lieutenant Governor or Comptroller, respectively.

Section 15. A state officer who is not recalled shall be reimbursed by the state for the officer’s recall election expenses legally and personally incurred. Another recall may not be initiated against the officer until six months after the election.

Section 16. The Legislature shall provide by law for recall of local officers. This section does not affect counties and cities whose charters provide for recall.

Section 17. All non-statewide offices, including judicial, legislative, school, county, city, town, village and constitutional convention district offices, shall be non-partisan. No political party or party central committee may endorse, support or oppose a candidate for non-partisan office,” and be it further

YES _____ NO _____

Printed Name:_______________________ Signature:___________________________

*Resolution No. 18 To Restructure The State Constitution Into Two Parts: Part I Specifying The Rights Of Individuals; Part II Specifying The Requirements On Government

WE THE PEOPLE CONGRESS

RESOLUTION NO. 18

TO RESTRUCTURE THE STATE CONSTITUTION

INTO TWO PARTS: PART I SPECIFYING

THE RIGHTS OF INDIVIDUALS; PART II SPECIFYING

THE REQUIREMENTS ON GOVERNMENT

WHEREAS, in our system of governance, the individual and his rights must be elevated to primacy, accorded the respect they deserve and be scrupulously maintained in perpetuity,

WHEREAS, Article I of the current New York State Constitution is entitled “Bill of Rights” and contains many provisions relating to individual rights,

WHEREAS, Article I of the New York Constitution also contains many provisions specifying the requirements of government such as those dealing with primary elections, grand juries, the opening of private roads, divorce, lotteries, gambling, damages for injuries, collective bargaining and workman’s compensation,

WHEREAS, a review of the history of the New York Constitution shows that although the original Constitution included extensive, explicit language regarding the sovereign role of the individual and the relationship between the people and the state, over time those explicit rights have been reduced to generalized and qualified implicit rights that are more difficult to define and to defend,

WHEREAS, in the interest of appropriate and stronger definition, there is a need to separate the rights of individuals from the roles and requirements of the government in order to eliminate any confusion with respect to the sovereignty of the people as against the distributed or delegated power of government, now therefore be it

RESOLVED, that as has proven useful in other states of the Union, a division should be made in the Constitution between (Part I) those matters relating to the primacy of individual rights and the sovereignty of the people and (Part II) those matters respecting the formation, function, roles, relationships, and delegated powers of the government as the servant of the sovereign people; the New York Constitution should be restructured into two parts, distinct and separate, and be it further

RESOLVED, that to advance this proposition, the Chairman pro tem be, and he hereby is directed to deliver a copy of this Resolution to the delegates to the Constitutional Convention should the people order a convention by their vote on November 4, 1997.

YES _____ NO _____

Printed Name:_______________________ Signature:___________________________

*Resolution No. 22 To Elevate To Primacy Individuals And Their Rights, To Accord Them The Respectful Status They Deserve

WE THE PEOPLE CONGRESS

RESOLUTION NO. 22

TO ELEVATE TO PRIMACY INDIVIDUALS AND THEIR RIGHTS,

TO ACCORD THEM THE RESPECTFUL STATUS THEY DESERVE

WHEREAS, a review of the history of the New York Constitution shows that the original Constitution included extensive, explicit language regarding the sovereign role of the individual and the relationship between the people and the state. However, over time those explicit rights have been reduced to generalized and qualified implicit rights that are now more difficult to define and to defend,

WHEREAS, in our system of governance, the individual and his rights must be elevated to primacy, accorded the respect they deserve and be scrupulously maintained in perpetuity,

WHEREAS, the rights more popularly known as freedom of speech, press, religion, trial by jury, equal protection of the law and habeas corpus and the like (as set forth in the Constitution of the United States) remain in the New York Constitution, certain even more fundamental rights, requiring deeper perception in their definition, need to be reintroduced in plain language, including:

· the individual is the sovereign unit in our society;

· that all men are born equally free and independent with certain natural, essential and inherent rights;

· that all government of right originates from the people, is founded in consent and instituted for the general good;

· that the people of this state have the inherent, sole and exclusive right to form and regulate the internal government and police thereof and to alter or abolish their Constitution and form of government whenever they deem it necessary to their safety and happiness, provided such change is not repugnant to the Constitution of the United States;

· that proposed amendments to the Constitution of the United States qualifying or affecting the individual liberties of the people or which may impair the right of local self-government belonging to the people of this state should be submitted to conventions of the people and that this state shall ever remain a member of the American Union;

· that along with self-government and the principle that government derives its power from the consent of the governed, the principle of separate powers underlies all other constitutional principles and is sacrosanct;

· that suits can be brought against the State without exception and that the courts shall have original jurisdiction in all matters of law and equity, without exception;

· that the doctrine of non resistance against arbitrary power and oppression is absurd, slavish and destructive of the good and happiness of mankind;

· that the State shall not disarm the people;

· that the government is to be wide open;

· that trial by jury shall remain sacred and inviolable and that no person shall ever be denied the right to face his accuser in court;

· that elections shall be held annually;

· that the people have a right to the privilege of education and it is the duty of the State to guard and maintain that right but not by favoring or fostering education in government schools over private education;

· that no part of a man’s property, including his money shall be taken, by regulation or otherwise, without due process and just compensation;

· that home rule is sacrosanct and as such the state shall not mandate any program or responsibility to any political subdivision in a way that necessitates additional local spending unless the program is approved for funding by a vote of the local legislative body or unless the program is fully funded by the state;

· a continuing inculcation of and a frequent recurrence to the fundamental principles of the New York Constitution and a constant adherence to justice, moderation, temperance, industry, frugality and all the social virtues is necessary to preserve the blessings of liberty and good government;

· that the enumeration of rights shall not be construed to impair or deny others retained by the people, now, therefore, be it

RESOLVED, that this Congress declare, and it hereby does declare, that as expressed in its Resolution No. 18, the New York Constitution should be restructured into two parts, distinct and separate. Part I shall deal with those matters relating to the primacy of individual rights and the sovereignty of the people, and Part II shall deal with matters respecting the formation, function, roles, relationships and delegated powers of the government as the servant of the sovereign people, and be it further

RESOLVED, that this Congress declare, and it hereby does declare, that the aforementioned Part I of the restructured N.Y. Constitution shall include those rights now contained in Article I of the New York Constitution and more popularly known as freedom of speech, press, religion, trial by jury, equal protection of the law and habeas corpus and the like (and as similarly set forth in the Constitution of the United States), and be it further

RESOLVED, that this Congress declare and it hereby does declare that the aforementioned Part I of the restructured N.Y. Constitution shall include16 sections, each of which is the subject of a separate resolution of this Congress, numbered 23 through 39, and be it further

YES _____ NO _____

Printed Name:_______________________ Signature:________________________

97-160

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(The next Resolution # is 23)