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	<title>Observer &#187; Reaction to the Paterson Declaration</title>
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		<title>Observer &#187; Reaction to the Paterson Declaration</title>
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		<title>Reaction to the Paterson Declaration</title>

		<comments>http://observer.com/2009/11/reaction-to-the-paterson-declaration/#comments</comments>
		<pubDate>Tue, 24 Nov 2009 17:24:00 -0400</pubDate>
					<link>http://observer.com/2009/11/reaction-to-the-paterson-declaration/</link>
			<dc:creator>Jimmy Vielkind</dc:creator>
				
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		<description><![CDATA[<p>ALBANY&mdash;The first reactions to <a href="/2009/politics/paterson-cut-my-way-or-give-me-power-cut-my-way">David Paterson's "executive option proposal"</a> are mostly not  positive.</p>
<p>"What's  next, martial law?" Assemblyman Rory Lancman, a Queens Democrat,  asked.</p>
<p>Paterson's proposal would, temporarily,  give him the power to make spending and revenue decisions to bridge a  multi-billion dollar mid-year imbalance. Article VII of the <a href="/redir.aspx?C=761ff481c7c84d248827e1808bdb1e31&amp;URL=http%3a%2f%2fwww.dos.state.ny.us%2finfo%2fconstitution.htm" target="_blank">State Constitution</a> describes New York's budget process. The  governor has the power to submit an executive budget, but the final authority  for spending rests in approval of the legislature. I asked State Senator Neil  Breslin, an Albany Democrat and long-practicing attorney, whether this was  Constitutional.</p>
<p>"My initial  reaction is that I seriously question whether it's constitutional; whether we  can abrogate, through legislation, any of our constitutional powers," Breslin  said. "Initially, that's a commitment that I don't think legislators  should be eager or quick to give up. We have our own responsibilities and my  initial reaction is that I would be opposed to that."</p>
<p>"Not only  that, but it violates several hundred years of American history," said  Professor Gerald Benjamin, an expert on New York government who teaches at SUNY  New Paltz. "Let me remind you: the American Revolution occurred on a number of  issues, one of which was called taxation without representation. And the  location of fiscal authority in the legislature was a fundamental tenet of  representative government, and we have given the power to tax and the power to  spend to legislative bodies."</p>
<p>He added, in reference to the State Senate, "The fact that somebody's  irresponsible doesn't take away the fundamental point that that institution  should do what it is supposed to do."</p>
<p>Kathy  Wylde, the president of the Partnership for New York City, applauded the fact  that Paterson was trying something.</p>
<p>"Governor  Paterson's willingness to take the heat for making the budget cuts that are  required to save New York State's credit rating is a&nbsp;demonstration of political  courage unlike any we have seen in Albany for some time," she said. "The  business community fully supports his request that the Legislature authorize the  Governor to act on behalf of the public interest to forestall a deeper fiscal  crisis and urges quick passage of the authorizing  legislation."</p>
]]></description>
		<content:encoded><![CDATA[<p>ALBANY&mdash;The first reactions to <a href="/2009/politics/paterson-cut-my-way-or-give-me-power-cut-my-way">David Paterson's "executive option proposal"</a> are mostly not  positive.</p>
<p>"What's  next, martial law?" Assemblyman Rory Lancman, a Queens Democrat,  asked.</p>
<p>Paterson's proposal would, temporarily,  give him the power to make spending and revenue decisions to bridge a  multi-billion dollar mid-year imbalance. Article VII of the <a href="/redir.aspx?C=761ff481c7c84d248827e1808bdb1e31&amp;URL=http%3a%2f%2fwww.dos.state.ny.us%2finfo%2fconstitution.htm" target="_blank">State Constitution</a> describes New York's budget process. The  governor has the power to submit an executive budget, but the final authority  for spending rests in approval of the legislature. I asked State Senator Neil  Breslin, an Albany Democrat and long-practicing attorney, whether this was  Constitutional.</p>
<p>"My initial  reaction is that I seriously question whether it's constitutional; whether we  can abrogate, through legislation, any of our constitutional powers," Breslin  said. "Initially, that's a commitment that I don't think legislators  should be eager or quick to give up. We have our own responsibilities and my  initial reaction is that I would be opposed to that."</p>
<p>"Not only  that, but it violates several hundred years of American history," said  Professor Gerald Benjamin, an expert on New York government who teaches at SUNY  New Paltz. "Let me remind you: the American Revolution occurred on a number of  issues, one of which was called taxation without representation. And the  location of fiscal authority in the legislature was a fundamental tenet of  representative government, and we have given the power to tax and the power to  spend to legislative bodies."</p>
<p>He added, in reference to the State Senate, "The fact that somebody's  irresponsible doesn't take away the fundamental point that that institution  should do what it is supposed to do."</p>
<p>Kathy  Wylde, the president of the Partnership for New York City, applauded the fact  that Paterson was trying something.</p>
<p>"Governor  Paterson's willingness to take the heat for making the budget cuts that are  required to save New York State's credit rating is a&nbsp;demonstration of political  courage unlike any we have seen in Albany for some time," she said. "The  business community fully supports his request that the Legislature authorize the  Governor to act on behalf of the public interest to forestall a deeper fiscal  crisis and urges quick passage of the authorizing  legislation."</p>
]]></content:encoded>
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