Ordered Liberty: A Constitutional History of New York

By Peter J. Galie | Go to book overview

NOTES
1
For a discussion of the activities of the civic groups, see Donna Shalala, The City and the Constitution: The 1967 New York Convention's Response to the Urban Crisis ( New York: National Municipal League, 1972), pp. 10-12. Examples of newspaper endorsements include The New York Times, editorial, April 9, 1962, p. 28; Buffalo Courier Express, May 19, 1965; "Yes on Convention", Buffalo Evening News, April 27, 1965, pp. 22.
2
Press release, August 24, 1965, as quoted by Henrik Norman Dullea, " Charter Revision in the Empire State: The Politics of New York's 1967 Constitutional Convention," (Ph.D. diss., Syracuse University, 1982) p. 80.
3
377 U.S. 633 ( 1964).
4
See the remarks of political columnist Victor Ostrowjoski, Albany Times Union, November 1, 1966, p. 2.
5
Leon S. Cohen, Elmer E. Cornwell, Jr., Jay S. Goodman, and Wayne R. Swanson , The Politics of State Constitutional Reform: The New York Constitutional Convention 1967-1968(unpublished manuscript, 1969), p. 1.
6
Less kindly, the press referred to them as "party hacks," The New York Times, November 3, 1966, p. 1.
7
There were two of these commissions: an Inter-Law School Committee created by the Temporary Commission in the spring of 1957, and a Special Legislative Committee on the Revision and Simplification of the Constitution, established in 1958. Two reports were issued by the first commission, established in 1956. These were entitled Interim Report, 1st-2nd ( Albany, 1957). The commission in existence between 1958 and 1960 issued a series of thirty-five staff reports which provided detailed and skillful analysis of the constitution.
8
388 U.S.41 ( 1967).
9
385 U.S.493 ( 1967).
10
385 U.S.511 ( 1967).
11
State of New York, Constitutional Convention, 1967, Documents, Doc. No. 18.
12
Dullea, Charter Revision," pp. 338, 148.
13
The pre-convention efforts of the C.E.F. are carefully examined in Irving H. Freedman , The Issue of Public Support for Church-Related Education in the 1967 New York State Consitutional Convention: A Study in the DecisionMaking Process (Ed.D diss., State University of New York at Albany, 1969), pp. 72-88.
14
Dullea, Charter Revision," p. 343.
15
Board of Education v. Allen 20 N.Y. 2d 109 ( 1967); aff'd 392 U.S. 236 ( 1968).
16
Leonard Levy has concluded that "In a real sense all members of the Court, including even the separationists, have favored accommodation of religion. . . ." The Establishment Clause: Religion and the First Amendment, 2nd rev. ed. (Chapel Hill: University of North Carolina Press, 1994), p. 159.
17
"Procceedings of the Constitutional Convention of the State of New York", 1967, Journal, V, p. 317.
18
Ibid., V, p. 474.
19
Record, Pt. 3, IV, p. 722; Article X, Sections 12b, 18a.
20
Record, Pt. 1, II, p. 769.
21
E.g., Lemon v. Kurtzman 403 U.S. 602 ( 1971).
22
See Joseph Gusfield, Symbolic Crusade: Status Politics and the American Temperance Movement

-328-

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