NYS Supreme Court Judicially Amends the State Constitution

The New York Constitution prohibits pork-barrel spending and corporate welfare: government money for private projects. Here’s what the clause says:

[T]he money of the state shall not be given or loaned to or in aid of any private corporation or association, or private undertaking.

Couldn’t be clearer, right?

Wrong. The state supreme court today ruled – in a split decision – that this constitutional provision is unenforceable. The state can give money to whomever it wants so long as it is not “patently illegal” to do so.

In dissent, Judge Robert Smith wrote:

I have defended before, and will no doubt defend again, the right of elected legislators to commit folly if they choose. But when our Legislature commits the precise folly that a provision of our Constitution was written to prevent, and this court responds by judicially repealing the constitutional provision, I think I am entitled to be annoyed.

Indeed.

One thought on “NYS Supreme Court Judicially Amends the State Constitution

  1. Sounds like former new yorkers knew the GRAFT of their own people by putting that into the state constitution! Sad case of affairs but then new york deserves what it gets!

    Lets just hope there flagrant abuse of the states revenues doesnt come back on the nations taxpayers in the way of a bailout for NY STATE,Weve had to bailout NYC 3 times in the last 100 years if I remember right!

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