Learning The History Of New York State And City Law

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1 Synopsis : LaGuardia. Roosevelt. Smith. They re dusty names now but once they were the movers and shakers in New York and Washington. Together they changed American law and how things work. Learning The History Of New York State And City Law The 1894 New York State Constitution called for the question, Shall there be a convention to revise and amend the Constitution? On November 3, 1936, New York voters said yes. The Convention was held for three-weeks in Albany in Despite failing in the goal of writing an entirely new constitution which the voters may find acceptable, the conventioneers did manage to get voter approval for several amendments. Possibly the most important accomplishment was authorizing the state government to take responsibility for social welfare programs. The most important issues reviewed by the Convention were: Social Security Housing, and Reapportionment Social Security The convention delegates decided the state government should aid the needy, promote public health, educate children and care for the physically and mentally handicapped. The convention gave the legislature the power to build programs meeting these needs as well as providing for pensions and unemployment insurance. Housing 1

2 The legislature was permitted to increase state debt ceilings to provide the funding for replacing slum areas with new, low-income housing. Reapportionment In there years since the previous state census, a critical need for apportionment changes was seen. Looking for more equitable representation for New York City, delegates could not reach a consensus. Only minor modifications were proposed. In all, voters were asked to give their stamp of approval to 57 proposed amendments. The changes were submitted for a vote in nine questions and an omnibus amendment dealing with the issues was approved. Although not as monumental as those days in New York City, changes to the state and local laws have been stead since the 1930s as politicians tried to keep up with the times. Fiorello H. LaGuardia When LaGuardia ascended to the Mayor s office in 1934 he did it on the back of a promise to open a new planning and zoning agency. The first attempt to wrestle ManHattan s contest came in 1909 when George McAneny took over the reigns of an early Committee on City Planning. McAneny gave a report to the Board of Estimate and Apportionment which called for more building controls. The board did not act. Another report was issued in 1914 and recommended the creation of a permanent city planning department and included recommendations to 2

3 the state legislature. The legislature never moved on the bill and it languished, strangled by apathy, political infighting and petty jealousy. It wasn t until July 1930 when it was signed into law by a slim majority. The new planning department had no real authority and when the depression wrapped around the Big Apple, the department was abolished. This was the climate LaGuardia found. Wight LaGuardia s power, reputation and plain stubbornness, the bill was passed and New Yorkers adopted the Planning Commission by 65% of the vote. Before becoming the 99th Mayor of New York City, Fiorello Henry La Guardia had served in Congress between 1916 and 1918 and returned in 1922 where he would be until LaGuardia craved publicity despite being described by his allies as irascible, energetic and charismatic. LaGuardia is ranked as one of the greatest mayors in America history and he was ranked first in Melvin G. Holli s, The American Mayor (1993). During LaGuardia s service as mayor, he was instrumental in achieving three goals: Restoration of nation s financial health, Federally funded work-relief expansion, End government corruption and racketeering, Replace government patronage with merit-based civil service and Modernize the infrastructure LaGuardia lived long enough to see the goals reached and then adopted by Franklin D. Roosevelt who incorporated many in The New Deal. 3

4 Laws and legislation from the 1940s onward were built on the foundation LaGuardia lay. Most can be found in local and regional archives. The legislative history of New York law can be found here. The Takeaway Many of New York s current laws have their foundation in the works of city and state leaders from almost a century ago. Even as laws continue to change to adapt to new technologies and new realities, most go through the same methodologies as proscribed by those in smoke-filled rooms. Information by Bukh Law Firm, P.C., 14 Wall St, New York NY 10005, (212) , 4

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