By Daniel Greenfield October 03, 2023 @ Sultan Knish Blog
In
1938, New York State held its eighth and penultimate constitutional
convention. Little did the various power brokers attending the event
know that what they had really accomplished was to fire a bullet that
would destroy the City of New York some 85 years in the future.
The
state constitutional convention was dominated by New Dealers who were
busy inserting their socialist agenda everywhere. The ideal of the
American Constitution, that freedom comes from government
non-interference, was considered laughably outmoded in a ‘modern’ age..
Instead,
Senator Robert F. Wagner, a key New Deal figure, argued that, “the
threat to freedom… comes from another source — from poverty and
insecurity, from sickness and the slum, from social and economic
conditions in which human beings cannot be free.”
The 1938
Constitution threw in a Labor Bill of Rights and Article XVII on Social
Welfare. The wording was more aspirational and idealistic than
legalistic. “the aid, care and support of the needy are public concerns
and shall be provided by the state and by such of its subdivisions, and
in such manner and by such means, as the legislature may from time to
time determine.”
And no one thought very much about it until 1979
when a 26-year-old leftist lawyer named Robert Hayes sued Gov. Carey
and the state on behalf of a wino. The wino, Robert Callahan, a far gone
alcoholic who died before the case was settled, became the titular name
on Callahan v. Carey which established a ‘right to shelter’ for, in the
words of Justice Andrew Tyler (a Harlem civic leader later convicted of
perjury for his relationships with gamblers), “homeless alcoholics,
addicts, mentally impaired derelicts, flotsam and jetsam”.
Hayes’
argument hinged on the Constitution saying “shall be provided”. The
State of New York (meaning the city’s taxpayers) were obligated to fund
housing for every single addict and bum.
And that was horribly expensive and difficult until the whole world showed up 44 years later.
Now
New York’s liberal elites are arguing over whether the “right to
shelter” only applies to New York’s mentally impaired derelicts and
addicts or those of the entire world who have been arriving in endless
numbers as part of the Biden administration’s open borders policy.
“Never
was it envisioned that this would be an unlimited universal right or
obligation on the city to have to house literally entire world,” Gov.
Hochul protested.
Mayor Eric Adams has claimed that the mass
invasion of illegal aliens will “destroy” New York and has begun warning
that the city will start expelling single young men from shelters after
two months. He has gone to court to suspend the disastrous 1979 ‘Right
to Shelter’ consent decree
Legally speaking he’s likely to lose
because the city’s radical courts have repeatedly held that everyone has
the right to be housed even if it’s a right that has no actual legal
basis.
The 1938 constitution simply stated that the legislature
can provide for the needy, but each successive progressive
constitutional misinterpretation is a deliberate effort to warp it
further. New York voters, now long dead, allowed New Dealers to open the
gates of hell. Seventies activist lawyers pried it open further and
their successors want it to be open all the way.
While Callahan,
the bum at the head of the case died, Robert Hayes, the lawyer who
brought the case, now heads the Community Healthcare Network which
provides health and social services and receives an annual salary of $414,671 with another $42,784 in benefits.
In
the face of a mass invasion, Hayes still insists that, “If the governor
doesn’t think there’s a statewide right-to-shelter, she’s very, either
very ill-informed or frankly derelict in her obligation.”
New
York voters and legislators could fix this with a constitutional
convention that throws out the New Deal nonsense that the legal
requirement of housing everyone in the world hinges on. But then the
Democrats would have to admit that their leftist ideology is at the
heart of the problem.
An op-ed in the New York Daily News by Dave Giffen, the Executive Director of the Coalition for the Homeless ($248,841 + $77,967 annual salary) and Adriene Holder of the Legal Aid Society ($228,530
+ $31,367) once again invoked the memory of Robert Callahan, the long
dead wino in whose name the city and must be burned to the ground to
accommodate every last migrant.
After two generations of
exploiting an alcoholic’s death for power and profit, the homeless
industrial complex isn’t done. Its position is literally that New York
City must house everyone in the world. New Yorkers, from political
leaders down to local residents, have a simple choice: they can either
accept the madness of its proposition or wipe out this insane legal
theory.
“New York City cannot single-handedly provide care to
everyone crossing our border,” Mayor Adams has argued. “For more than a
year, New York City has — largely on its own — provided shelter, food,
clothing, and more to over 70,000 migrants who have arrived in our city.
We now have more asylum seekers in our care than New Yorkers
experiencing homelessness when we came into office. When the original
Callahan consent decree came down almost 40 years ago, no one could have
contemplated, foresaw, or even remotely imagined a mass influx of
individuals entering our system — more than doubling our census count in
slightly over a year.”
Socialism never foresees anything. That’s
why it’s socialism. Leftists never address their own extremist tendency
to adopt ever more dogmatic versions of their ideology detached from
any kind of pragmatic considerations. The Callahan decree was
unsupportable. It’s taken a mass invasion of illegals to get to the
point where the mayor and governor will only critique the original
decision for having failed to anticipate the entire world showing up in
New York City.
That’s timid and pathetic.
Activists for
the so-called homeless have been destroying New York City and other
major cities, including Los Angeles and San Francisco, by turning them
into massive dumps filled with junkies and crazies, human waste and
violent crime. But this is the real moment of truth.
How much destruction will urban residents accept? Will they agree to ‘house the world’?
Daniel Greenfield is a Shillman Journalism Fellow at the David Horowitz Freedom Center. This article previously appeared at the Center's Front Page Magazine. Click here to subscribe to my articles. And click here to support my work with a donation. Thank you for reading.
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