Proposed Legislative Amendment on Budget

Amendment Purpose: 
1967 Constitutional Convention Amendment: Citizens have constitutional protection over their right to sue the state if they suspect unconstitutional spending by the government
Summary of Amendment: 
  • Adds new provision giving any citizen the power to bring a legal action against the state or its subdivisions to restrain unconstitutional acts or expenditures. 

Article I

Bill of Rights

Section 1.  This article is the New York State constitution's bill of rights.  It provides for freedom of religion, speech, press, assembly, and petition in language substantively equivalent to the first amendment to the federal constitution.  Citizens' suits are authorized to restrain unconstitutional acts or expenditures.

Legislative Amendment Text: 

Article I

Bill of Rights

§ 2. Any citizen of this state shall have the right to maintain a judicial action or proceeding against any officer, employee, or instrumentality of the state or a political subdivision thereof, to restrain a violation of the provisions of this constitution or the constitution of the United States, including unconstitutional expenditures. The legislature may provide for such action or proceeding. 

Legislative History: 

In 1967, the New York State Constitutional Convention proposed a whole new Constitution that contained this provision and these changes to a vote of the people of the State of New York at the General Election asking "Shall the proposed new Constitution, adopted by the Constitutional Convention, and the Resolution submitting same, be approved?"  The Constitution as a whole was voted down by the people, which included these changes. 

Learn more on our page devoted to the 1967 Convention.  The Proceedings of the Convention are available from the New York State Library and you can download; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: initial; background-position: 100% 50%; background-repeat: no-repeat no-repeat; "> a PDF copy of the Constitution proposed by the 1967 Constitutional Convention.




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