Guest Speaker – John Bergener of Divide NY

Today John Bergener of Divide NY is with me in the station today, and we are going to discuss why you should vote yes on the back of your ballot on Nov 7, 2017 to hold a NYS Constitutional Convention. As a Christian, I see our government growing out of control in promoting sin.  This may be a way to restrain it. So dividing NYS may be a way for people in Upstate NY to get lifted up in Liberty. Click To Tweet

Why partition NYS into 2 or 3 Autonomous Regions?

This will not affect anything federal level. Creating autonomous regions is almost the same as being separate states! Since Congress is unlikely, in the foreseeable future, to give the Northeast two more US Senate seats a new state would require; our autonomous regions method makes more sense financially and is more likely to succeed!

Will this affect Public pensions?

The pension issue is a scare tactic. The majority of the divide NYS board are retired state employees; the other side’s delegates will also be in the pension system. The NYS Constitution clause they are talking about is Article V §7. After July first, nineteen hundred forty, membership in any pension or retirement system of the state or of a civil division thereof shall be a contractual relationship … etc.  Since they made it a contractual relationship people in the retirement system should be protected by the US Constitution Article I §10  Powers prohibited of States NO State shall … pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or… etc  and the 5th amendment takings clause!

How are Delegates chosen?

Delegates are elected 3 per Senate district, an additional 15 are elected at large. There are 63 Senate districts 34 to 35 of them lean right. This is why Cuomo, Speaker Carl Heastie and Senate Majority Leader John Flanagan are opposed to holding a constitutional convention. Please see this link for more details.

There is a comparison between the 1937 and the 1960’s NYS Convention Why are they different?

The last time voters called a convention was 1937 and most of the delegates were independent. However in the 1960s the Legislature called a convention at a time when they more easily could run as the delegates. Legislature control is the #1 reason why we hear we should not hold a NYS convention. The other reason is THE VOTERS MAY ELECT BAD DELEGATES. Our goal is to first get people to vote yes, and then educate the public as to what delegates we should choose.

When the convention is called by a YES vote of the voters in Nov 2017; the delegates will be elected in Nov 2018 at same time as the legislators and the governor are up for reelection which makes it harder for Legislators to run for delegate.  Another scare tactic against a convention is its cost. The actual cost, however, is much less than NYS wastes in a single day. Our DIVIDE NY website is “ which has more details.

Could we lose rights if a convention is held?

THERE HAS BEEN SOME CONFUSION about the difference between NY State and Federal Constitutional Convention.  A Federal Constitution Convention (sometimes called an Article V Con-Con) is called if 2/3 of the States pass resolutions requesting one. The members of a Federal Con-Con are appointed by the State legislators the people have no say in choosing them. Amendments must be approved by 3/4 of the States and because the US Constitution protects our rights; all our rights are at risk!!!

WHAT WE WANT is a NY State Constitutional Convention whether it will be held will be decided by NYS voters this Nov 7, 2017; it automatically appears on the ballot every 20 years. If approved by the voters. In Nov 2018, 3 delegates are elected by NYS residents from each of the 63 NY State Senate districts and 15 delegates at large. Any proposed Amendments must be approved by the voters. No rights are at risk because the NYS Constitution does not protect much and Federal Constitution overrides the NYS one.

So dividing NYS may be a way for people in Upstate NY to get lifted up in Liberty.

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