Constitutional Law Flashcards

Under Boreali v. Axelrod, which factor most strongly suggests a New York administrative agency has usurped legislative power when adopting a regulation?

Answer: The agency balanced competing economic and social concerns based on its own policy choices without legislative guidance

Boreali holds an agency crosses the separation-of-powers line when it makes value-laden policy tradeoffs the Legislature has not authorized.

Under Article V, §7 of the New York Constitution, membership in a state or local public pension system is treated as:

Answer: A contractual relationship whose benefits may not be diminished or impaired

The pension non-impairment clause makes membership a contractual relationship, so benefits cannot be diminished or impaired.

How may an amendment to the New York Constitution be proposed by the Legislature and adopted?

Answer: Passed by two successively elected Legislatures, then approved by a majority of voters

Article XIX requires passage by two successive, separately elected Legislatures followed by voter approval.

In Campaign for Fiscal Equity v. State, the Court of Appeals interpreted the Education Article (Art. XI, §1) to guarantee:

Answer: The opportunity for a sound basic education

CFE held the Education Article guarantees children the opportunity for a sound basic education, not equal funding.

Under Article I, §6 of the New York Constitution, a defendant may waive indictment by a grand jury EXCEPT when:

Answer: The charged offense is punishable by death or life imprisonment

Waiver of indictment, with the DA's consent, is permitted unless the offense is punishable by death or life imprisonment.

Under New York's home rule provisions (Art. IX, §2), the Legislature generally may enact a special law about the property, affairs, or government of a single locality only if:

Answer: The local legislative body sends a home rule message, or the Governor certifies necessity and two-thirds of each house approves

A special law needs either a home rule message from the locality or a gubernatorial emergency certificate plus a two-thirds vote in each house.

If the New York Legislature has finally adjourned and the Governor neither signs nor returns a bill within 30 days, the bill:

Answer: Does not become law

After final adjournment, a bill not approved within 30 days does not become law (a pocket veto).