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Constitution of New York

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American state constitution
Constitution of the State of New York
Overview
JurisdictionState of New York
Subordinate toSupreme law of the United States
Full text
New York Constitution atWikisource

TheConstitution of the State of New York establishes the structure of the government of theState of New York, and enumerates the basic rights of thecitizens of New York. Like moststate constitutions in theUnited States, New York's constitution's provisions tend to be more detailed and amended more often than itsfederal counterpart. Because the history of the state constitution differs from the federal constitution, theNew York Court of Appeals has seen fit to interpret analogous provisions differently fromUnited States Supreme Court's interpretation of federal provisions.

Constitutional conventions

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"New York State Constitutional Convention" redirects here. For other uses, seeConstitutional convention (political meeting).

The State of New York has held nineConstitutional conventions: in 1776–1777, 1801, 1821, 1846, 1867–1868, 1894, 1915, 1938, and 1967; a Constitutional Commission in 1872–1873; and a Judicial Convention in 1921. Despite this, the state has had only four essentiallyde novo constitutions in its history, those of 1777 (replacing the former colonial charter), 1821, 1846, and 1894.

During the 20th century, the State held three constitutional conventions, the efforts of two of which were rejected by the New York State electorate.[1] However, portions of the seventh Convention's proposals of 1915, were adopted separately later in 1925 and 1927. The eighth Constitutional Convention of 1938, unlike all other state constitutional conventions since 1801, did not actually propose an entirely new Constitution, but just substantially modified the 1894 Constitution, from the sixth Convention, which was (and is) still in force.[2]

Current Constitution

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New York's constitution consists of a preamble and 20 articles. It was last amended on January 1, 2025.

Preamble

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We The People of the State of New York, grateful to Almighty God for our Freedom, in order to secure its blessings, DO ESTABLISH THIS CONSTITUTION.

Article I: Bill of Rights

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This article establishes the rights and personal freedoms of the people, as well as the responsibilities and limitations of the government. Many of the provisions in this article are similar to those in theConstitution of the United States. Some provisions included arefreedom of speech, atrial by jury,freedom of worship,habeas corpus, and security against unreasonable search and seizures. This article also permits the use ofeminent domain,collective bargaining, theNew York State Lottery,parimutuel betting onhorse racing, and up to sevencommercial casinos. A 2021 amendment noted that residents of the state are entitled to "clean air and water, and a healthful environment."[3]

Article II: Suffrage

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This article describes the rights and requirements involved in voting. All citizens over eighteen are allowed to vote if they have been a resident at least 30 days before the date of an election. Any form of bribery or compensation to compel the giving or withholding of a vote is not allowed. The article also establishes the general operation ofabsentee ballots, voter registration, elections and provides forbi-partisan election boards.

Article III: Legislature

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This article establishes the powers and limitations of thebicameralNew York State Legislature, which consists of a Senate containing 50 members initially, and an Assembly containing 150 members. Except for Senators elected in 1895 who served three-year terms, every legislative member is elected to two-year terms. The current number of Senators is set by State Law §123, and the number of Senate districts is set at 63 by State Law §124; currently, there are 63 Senate seats. The legislative process, such as the passage of bills, is also described in this article.

The article includes rules and processes for drawing legislative districts and making apportionments. TheUnited States Census is used to determine the number of inhabitants; if it is not carried out or fails to provide this information, then the state Legislature has the power to enumerate its inhabitants. Whenever districts must be amended, an "independent redistricting commission" composed of ten members (two appointed by thetemporary president of the Senate, two appointed by theSpeaker of the Assembly, two appointed by the Senate Minority Leader, two appointed by the Assembly Minority Leader, and two appointed by the eight other appointed members) is created. Drawing of district lines must not violateracial or language minority voting rights. Each district must contain "as nearly as may be an equal number of inhabitants"; if it does not the commission must provide a reason. Additionally, districts must consist of a contiguous territory and be "as compact in form as practicable".

Emergency powers are described in Section 25. The legislature is granted the power to enact measures allowing the continuity of government, and "provide for prompt and temporary succession" of public offices if they were to become unavailable in the event of an emergency caused by "enemy attack or by disasters (natural or otherwise)". The final paragraph states: "Nothing in this article shall be construed to limit in any way the power of the state to deal with emergencies arising from any cause".

This article also abolishes prison labor contracts and notes that no one can be a state or local legislature while also holding any civil or military position without having to vacate their seats.

Article IV: Executive

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This article states that executive branch powers are vested in the governor and lieutenant governor, who are elected jointly to serve four-year terms. The governor canveto legislative bills, is the commander-in-chief of thestate's military, can convene the legislature "on extraordinary occasions", and has the power to grantpardons for all offenses except treason and impeachment. Theorder of succession has the lieutenant governor first in line, and then the temporary president of the Senate.

Article V: Officers and Civil Departments

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Article V describes the roles of thecomptroller andattorney-general as well as the operation of thecivil departments, of which there can be at most 20. This article also givesveterans an advantage in hiring and promotions for state officer positions, especially if they have been disabled due to service. In addition, this article protects public employeepension benefits from being diminished or impaired.

Article VI: Judiciary

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Article VI describes the judicial branch, including thecourt systems, the operation of trials, and the conditions for appointing and removing judges and justices. It contains 37 sections, more than any other article. It describes theCourt of Appeals, theSupreme Court and itsAppellate Division as well as lesser courts. It also lays out special rules for the courts of New York City and the procedure by which the governor designates justices.

This article also provides for trial by jury, which is composed of six or of twelve persons depending on the circumstances.

Article VII: State Finances

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This article describes a number of items related to state finances. It requires the heads of each department to prepare and have estimates for budgets presented to the governor by December 1 of each year. Department heads may also be required to attend hearings called by the governor as budget estimates are reviewed. The governor then submits their budget including any proposed bills for expenditures.

The state can loan money to lending institutions for loans to purchase manufacturing property but only up to 80% of the value. The state can not take on debt unless they can expect that amount to be paid back through taxes or new and existing bonds will provide funding for the year for that appropriation bill. However, the state can take on debt in the case of insurrection, invasion, or forest fire.

Article VIII: Local Finances

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Counties, cities, towns, and villages can make provisions of aid for the care, support, maintenance, education, and health and welfare services for children, inmates, retired fire or police department workers, and widows of the fire department and police. It also provides for other rules for how counties, cities, towns, and villages can use money, and how they should pay their debts.

Article IX: Local Governments

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Article X: Corporations

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Article XI: Education

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In this article, money is provided for the common schools and notes that all children have the right to be educated. In addition, it establishes theNew York State Board of Regents and theUniversity of the State of New York. It also prohibits the spending money on religious schools except fortransportation.

Article XII: Defense

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Article XIII: Public Officers

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Article XIV: Conservation

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Article XV: Canals

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The legislature cannot sell, abandon or otherwise dispose of the barge canal system. However, if any canal lands are no longer useful for navigation, the legislature can authorize their sale or disposal. These assets must remain property of the state forever under state management.

Revocable permits and leases can be granted for the use of canal properties. In addition, the state can lease or transfer the entire canal system to the federal government for integration into the national system of inland waterways. This transfer can occur with or without compensation to New York State. If transferred the state can still fund canal operations for benefits like flood control and water management

The legislature must fund maintenance and improvements of the canals. Any revenue from canal lands or usage must go into a special revenue fund which can only be used for canal related projects.

Article XVI: Taxation

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Article XVII: Social Welfare

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Article XVIII: Housing

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Article XIX: Amendments to Constitution

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Article XX: When to Take Effect

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Article XX describes the day that the constitution will take effect, which is January 1, 1939.[4]

Constitution of New York, 1777

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EnglishWikisource has original text related to this article:

TheFourth New York Provincial Congress, resolving itself as theConvention of Representatives of the State of New York, adopted the first constitution of the state of New York on April 20, 1777.

TheProvince of New York was established after the naval invasion and absorption of the previousDutch Colony ofNew Netherlands. The original proprietor was theDuke of York, the futureJames II of England andJames VII of Scotland and younger brother of the then-King of England,Charles II. ItsColonial Charter was under authority from theMonarch, (theKing or Queen of Great Britain) of theKingdom of England and later ofGreat Britain, after theAct of Union of 1707 which unitedEngland and Wales and the formerly independentkingdom ofScotland

The First Constitution of 1777, which replaced this Colonial Charter with its royal authority, for the newly independent "State of New York" was framed by aConvention which assembled atWhite Plains, New York, (just north ofNew York City) on Sunday evening, July 10, 1776. The city was then threatened with aBritish occupation by an invadingBritish Army landing onStaten Island. There were repeated adjournments and changes of location, caused by the increasingly desperate war situation, with GeneralGeorge Washington's raggedContinental Army, forced out ofNew York City by crushing defeats in theNew York and New Jersey campaign. The British went on to completely occupy 5 counties in the state, along with New York City itself from 1776 until 1783.[5]

The work of creating a democratic and free independent state continued by the Convention through the bitter winter with the British quartered in the City of New York and Washington's few thousand troops camped in winter quarters to the southwest inMorristown, New Jersey. The first Constitutional Convention in New York's history terminated its labors atKingston, New York, on Sunday evening, April 20, 1777, when the new Constitution was adopted with but one dissenting vote, and then adjourned. The site is nowSenate House State Historic Site. The constitution was not submitted to the people for ratification, however because of the war situation. It was drafted byJohn Jay,Robert R. Livingston, (newChancellor of the State of New York), andGouverneur Morris, who would subsequently help write the U.S. Constitution.[6][7]

This Constitution was a combination document, containing its own "Declaration of Independence" fromGreat Britain, and itsConstitutional Law. It called for a weakbicameral legislature (Assembly and State Senate) and a strong executive branch with agovernor. It retained provisions from the Colonial Charter such as the substantial property qualification for voting and the ability of the Governor to prorogue (dismiss) the Legislature. This imbalance of power between the branches of state government kept the elite firmly in control, anddisenfranchised the majority of the male New York population.Slavery was legal in New York until 1827.

Under this Constitution, the lower chamber Assembly had a provision for a maximum of 70 Members, with the following apportionment:

  1. For the City and County ofNew York (that is, Manhattan Island), nine.
  2. The City and County ofAlbany (Now Albany, Columbia, Rensselaer, Saratoga, Greene, Schoharie, and Schenectady Counties), ten
  3. Dutchess County (now Dutchess andPutnam counties), seven.
  4. Westchester County (now Bronx and Westchester counties), six.
  5. Ulster County, (now Ulster and Sullivan Counties, and the northern part of Orange County) six.
  6. Suffolk County, five.
  7. Queens County (now Queens and Nassau Counties), four.
  8. Orange County (now the southern part of Orange County, as well as Rockland County), four.
  9. Kings County, two.
  10. Richmond County, two.
  11. Tryon County (nowMontgomery County; included all of New York State to the west, toLake Ontario andLake Erie).
  12. Charlotte County (nowWashington County; included the present Clinton, Essex, Franklin, and St. Lawrence counties), four.
  13. Cumberland County (seceded January 15, 1777, to theVermont Republic), three.
  14. Gloucester County (seceded January 15, 1777, to theVermont Republic), two.

This apportionment stood unchanged until seven years after the end of theRevolutionary War, in 1790, when the FirstUnited States Census was held to correct apportionments.

On the subject ofenfranchisement, Article VII of the new constitution said:

VII. That every male inhabitant of full age, who shall have personally resided within one of the counties of this State for six months immediately preceding the day of election, shall, at such election, entitled to vote for representatives of the said county in assembly; if, during the time aforesaid, he shall have been a freeholder, possessing a freehold of the value of twenty pounds, within the said county, or have rented a tenement therein of the yearly value of forty shillings, and been rated and actually paid taxes to this State: Provided always, That every person who now is afreeman of the city of Albany, or who was made a freeman of the city of New York on or before the fourteenth day of October, in the year of our Lord one thousand seven hundred and seventy-five, and shall be actually and usually resident in the said cities, respectively, shall be entitled to vote for representatives in assembly within his said place of residence.[8]

Council of Revision

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One of the most notable innovations of the 1777 Constitution was the creation of theCouncil of Revision, a unique institution tasked with reviewing and potentially vetoing legislation passed by the state’s bicameral legislature. The Council of Revision was composed of the governor, the chancellor, and the justices of the Supreme Court, reflecting a blend of executive and judicial authority. The governor presided over the council and cast a deciding vote in case of a tie.[9]

Under the Constitution, the council held significant oversight powers. All bills passed by the legislature were required to be submitted to the council for review. If the council found a bill improper, it could veto the legislation by returning it to the legislature with written objections. This veto, however, was not absolute, as the legislature could override the council’s objections with a two-thirds majority in both houses. During its existence, the council reviewed 6,590 bills, vetoing 128, of which 17 were enacted despite objections.

The Council of Revision’s influence extended beyond New York. It served as a model for aspects ofJames Madison'sVirginia Plan, introduced at the Constitutional Convention in 1787. The Virginia Plan proposed a similar council for the federal government, composed of thenational executive (the president) and members of thejudiciary, to review and veto legislation passed by Congress. James Madison, a proponent of the plan, saw the Council of Revision as a mechanism to check legislative overreach while maintaining the separation of powers.[10]

Constitutional Convention of 1801

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The Constitutional Convention of 1801 was not convened to propose a new Constitution. Instead, it formed purely to resolve differences of interpretation of §23 of the 1777 Constitution, which provided for aCouncil of Appointment.Governor John Jay sent a special message to the lower chamber (New York State Assembly) on February 26, 1801, and the same message to the upper chamber (New York State Senate) on the following day, in relation to the Council of Appointment, reciting the differences which had existed between Council and Governor, not only during his own term, but during the term of his predecessor,Governor George Clinton. Governor Jay claimed that under the Constitution the Governor had the exclusive right of nomination, but some members of the Council of Appointment claimed a concurrent right of nomination. This, the Governor denied, and in this message he recommends that it be settled in some way.

Since the original Constitution had no provisions as to how to amend it, on April 6, 1801, the legislature passed a law with the title"An Act Recommending a Convention" for the purpose of considering the question of the interpretation of §23 of the Constitution, and also that part of the Constitution relating to the number of members of both Senate and Assembly. The Senate was originally composed of twenty-four members, and the Assembly of seventy members, and provision was made for an increase in each chamber at stated periods, until the maximum should be reached, which was fixed at one hundred senators and three hundred members of assembly. The increase in membership had apparently been more rapid than was at first anticipated. At that time the Senate had increased to forty-three members, and the Assembly to one hundred and twenty-six members.

The election of the delegates took place in August; the Convention met on the second Tuesday in October at Albany. It ended two weeks later on October 27, 1801.

Among the delegates wereDeWitt Clinton (future governor),James Clinton,William Floyd,Ezra L'Hommedieu,Smith Thompson,Daniel D. Tompkins,John Vernon Henry,William P. Van Ness, andVice President of the United StatesAaron Burr, who presided. Tompkins was one of the 14 who voted against the right of nomination being given to the members of the Council of Appointments and the Governor concurrently, a minority which was defeated by 86 votes for this compromise. Previously, both motions, to vest the right of nomination either exclusively in the governor or exclusively in the Council members, were defeated.

The changes in this version of the Constitution were:

  • The number of senators was permanently fixed at 32.
  • The assembly was given 100 members, and provision was made for a possible increase to 150, by additions to be made after each census.
  • The right of nomination, formerly vested in the governor only (asJohn Jay, the original author/contributor of the 1777 Constitution, meant it), was given now to each member of theCouncil of Appointment and the Governor concurrently.

New York State Constitutional Conventions

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Constitutional Convention of 1821

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EnglishWikisource has original text related to this article:

In 1821, the power struggle between GovernorDeWitt Clinton and theBucktails faction of theDemocratic-Republican Party led to the call for a Constitutional Convention by the Bucktail members of the legislature, against Clinton's fierce opposition. Their intention was to transfer powers from the executive to the legislative branch of the government.In November 1820, the legislature passed a bill which authorized the holding of a convention with unlimited powers. Governor Clinton cast the deciding vote in theCouncil of Revision to veto the bill. The Bucktails did not have a two-thirds majority in the legislature to override the veto. During the regular session (beginning in January 1821), the Legislature passed a new bill that put the question to the people. At the state election in April 1821, the people voted in favor of the convention.

The convention met from August to November inAlbany. U.S. Vice PresidentDaniel D. Tompkins presided. Between January 15 and 17, 1822, the new constitution, as amended by the convention, was put before the voters for ratification as a whole, and was accepted: for 74,732; against 41,402.

There was deep division among New Yorkers over the merits of the amended constitution. Those who opposed it and who did not sign included:

Supporters who signed the new constitution included:

Peter R. Livingston,Alexander Sheldon,Jacob Radcliff,Peter Sharpe,Rufus King, andNathaniel Pitcher were also among the delegates.

The changes in this version of the constitution were:

  • State elections were moved from the last week in April to the first week in November. Beginning in 1823, the terms of the governor (two-year term), lieutenant governor (two-year term), state senators (four-year term) and assemblymen (one-year term) coincided with the calendar year.
  • Thelieutenant governor was to succeed to the governor's office "for the residue of the term" whenever a vacancy occurred, unlikeJohn Tayler, who in 1817 became "Acting Governor" only until the election of a successor.
  • TheCouncil of Appointment was abolished and the vast majority of formerly appointive offices were made elective. State officeholders were elected by joint ballot of theAssembly andState Senate; others by local popular or legislative elections.
  • TheCouncil of Revision was abolished. Its power to veto new legislation was transferred to the governor, whose veto could be overcome by a two-thirds vote of the legislature.
  • The Governor's right to prorogue (dismiss) the legislature at will was abolished.
  • Property qualifications for white men to vote were removed.
  • Black men were granted the vote, but with a property qualification which effectively disfranchised nearly all of them. It was at this time thatPeter Augustus Jay, one of the delegates and also the son ofJohn Jay gave an impassioned speech at the Convention arguing that the right to vote should be extended to free African Americans. "Peter Augustus Jay, one of a minority of advocates of universal manhood suffrage, insisted that the idea that black people were naturally inferior had long been 'completely refuted and universally exploded.'"[11]
  • ACanal Board was to be formed by the Commissioners of the Canal Fund (the State Cabinet officers) and the Canal Commissioners
  • EightCircuit Courts were created, one in each senatorial district. Until then, the justices of theNew York State Supreme Court had held travelingcircuit court.

Constitutional Convention of 1846

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EnglishWikisource has original text related to this article:
Manual for the use of the Convention, first page of list of delegates

The delegates convened atAlbany on June 1, 1846, and adjourned on October 9. The new Constitution was put before the voters at the nextstate election in November and was adopted. Yes: 221,528 votes, No: 92,436 votes.

John Tracy presided.Ira Harris,George W. Patterson,Ambrose L. Jordan,Charles H. Ruggles,David R. Floyd-Jones,Charles O'Conor,Samuel J. Tilden (futureNew York Governor and1876 presidential candidate who won popular vote but lost in electoral college toRutherford B. Hayes),Levi S. Chatfield,William B. Wright,Michael Hoffman andWilliam C. Bouck were among the delegates.[12]

The changes in this version of the constitution were:

Constitutional Convention of 1867–1868

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According to the Constitution of 1846, twenty years after its elaboration the electorate was asked if they wanted a constitutional convention to be held, which was answered in the affirmative at theNew York state election, 1866 with 352,854 votes for, and 256,364 against the convention. On April 23, 1867, the delegates were elected, and the convention had a smallRepublican majority.[14] The convention met in June atAlbany, New York, adjourned on September 23, met again on November 12,[15] and adjourned again in February 1868. Afterwards the draft was discussed in theNew York State Legislature for another year and a half, the questions being if to vote for the whole Constitution or separately for some or all articles. In the end, the new Constitution was rejected by the voters at theNew York state election, 1869, with 223,935 votes for and 290,456 against it. The Republican Party advocated the adoption, theDemocrats the rejection of the new proposed Constitution of 1867-68, and by 1869 the Democrats had a majority in the State. Only the "Judicial Article" which re-organized theNew York Court of Appeals was adopted by a small majority, with 247,240 for and 240,442 against it.

William A. Wheeler presided.Waldo Hutchins,William M. Evarts,George Opdyke,Augustine J. H. Duganne,George William Curtis,Horace Greeley,Ira Harris,Martin I. Townsend,Charles Andrews,Tracy Beadle,Charles J. Folger,Erastus S. Prosser,Augustus Frank,Augustus Schell,George Law,Henry C. Murphy,Homer A. Nelson,David L. Seymour,Jacob Hardenbergh,Smith M. Weed,Alonzo C. Paige,Francis Kernan,George F. Comstock,John Magee,Sanford E. Church,Joseph G. Masten,Marshall B. Champlain,Selah B. Strong,Erastus Brooks,Teunis G. Bergen,William D. Veeder,John G. Schumaker,Stephen J. Colahan,Charles P. Daly,Samuel B. Garvin,Abraham R. Lawrence Jr.,Elbridge T. Gerry,Frederick W. Loew,Gideon J. Tucker,Samuel J. Tilden,Edwards Pierrepont,James Brooks,John E. Develin,William Hitchman,Abraham B. Conger,Abraham B. Tappen,William H. Morris,B. Platt Carpenter,John Stanton Gould,John M. Francis,Adolphus F. Hitchcock,Erastus Corning,Amasa J. Parker,Marius Schoonmaker,Matthew Hale,Edwin A. Merritt,Leslie W. Russell,James A. Bell,Richard U. Sherman,Theodore W. Dwight,Benjamin N. Huntington,Ezra Graves,Elias Root,M. Lindley Lee,Thomas G. Alvord,Frank Hiscock,[16]Horatio Ballard,Elizur H. Prindle,Samuel F. Miller,Hobart Krum,Charles E. Parker,Milo Goodrich,George O. Rathbun,Elbridge G. Lapham,David Rumsey,Jerome Fuller,Freeman Clarke,Seth Wakeman,Thomas T. Flagler,Israel T. Hatch,George W. Clinton,Augustus F. Allen, andNorman M. Allen were among the delegates.[17]

The changes in this version of the constitution were:

  • TheNew York Court of Appeals was totally re-organized. Instead of eight Judges, four elected statewide and four selected from theNew York Supreme Court, it had now oneChief Judge of the New York Court of Appeals and six Associate Judges, all elected statewide.
  • TheClerk of the New York Court of Appeals was not elected statewide anymore.
  • The term of office of the Judges of the Court of Appeals and the Justices of theNew York Supreme Court was extended from 8 to 14 years, and the rotative renewal (every two years one Judge or Justice had been elected to an eight-year term; in case of a vacancy, a special election was held to fill the remainder of the term only) was abolished. Instead, vacancies were filled as they occurred (by death, resignation, or term expiration), always to a full 14-year term.

Constitutional Commission of 1872–1873

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After the rejection of all amendments proposed by the Convention of 1867–68, except the judicial article,GovernorJohn T. Hoffman suggested to the Legislature that a non-partisan Constitutional Commission of 32 members should be formed. The Commission had four members from each senatorial district, appointed by the Governor, and confirmed by the State Senate, equally divided between the two major political parties. The Commission met from December 4, 1872, to March 15, 1873. They proposed amendments to the Constitution of 1846, which was still in force with amendments which were then approved or rejected by the Legislature, and those approved were then submitted to the voters for ratification.

Among the members were:Robert H. Pruyn who presided;George Opdyke,Augustus Schell,John D. Van Buren,Erastus Brooks,Benjamin D. Silliman,George C. Burdett,Francis Kernan,Elias W. Leavenworth,Daniel Pratt,John F. Hubbard Jr.,Barna R. Johnson,Lucius Robinson,George B. Bradley,Van Rensselaer Richmond,Lysander Farrar,Lorenzo Morris andSherman S. Rogers.[18]

Major changes:

Constitutional Convention of 1894

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On January 27, 1893, the Legislature passed "An Act to amend chapter 398, of the Laws of 1892, entitled 'An Act to provide for a convention to revise and amend the Constitution'", calling a Constitutional Convention to meet in 1894.[19] The 175 delegates were elected at theNew York state election, 1893, five in each senatorial district, and 15 at-large. The Convention met on May 8, 1894, at theNew York State Capitol in Albany; and adjourned on September 29. The revised Constitution was submitted for ratification at theNew York state election, 1894, in three parts: the new legislative apportionment; the proposed canal improvements; and 31 miscellaneous amendments to the Constitution; which were all adopted by the voters.

Among the delegates were:Joseph H. Choate, President;Thomas G. Alvord, First Vice President;William H. Steele, Second Vice President;Elihu Root;Edward Lauterbach;Jesse Johnson;Frederick William Holls;Michael H. Hirschberg;John T. McDonough;John M. Francis;Commodore P. Vedder;John I. Gilbert;Augustus Frank;Daniel H. McMillan;Frederic Storm;John G. Schumaker;John B. Meyenborg;Almet F. Jenks;Charles B. Morton;William D. Veeder;John Cooney;Thomas W. Fitzgerald;Wright Holcomb,De Lancey Nicoll;John Bigelow;Frank T. Fitzgerald;Leonard A. Giegerich;Joseph Koch;Gideon J. Tucker;M. Warley Platzek;Jacob Marks;Andrew H. Green;Joseph I. Green;Stephen S. Blake;William Church Osborn;Willard H. Mase;Roswell A. Parmenter;A. Bleecker Banks;Abram B. Steele;Chester B. McLaughlin;Elon R. Brown;Henry J. Cookinham;John C. Davies;Louis Marshall;Milo M. Acker;Merton E. Lewis;I. Sam Johnson;Henry W. Hill;George Allen Davis; andCharles J. Kurth.

Major changes:[20]

  • The term of the governor and lieutenant governor was shortened from three to two years.
  • The election of state officers (Secretary of State, Comptroller, Attorney General; Treasurer; State Engineer) and state senators was moved from odd-numbered years to even-numbered years, henceforth coinciding with the gubernatorial election.
  • The number of state senators was increased from 32 to 50; and the number of assemblymen from 128 to 150. Legislative voting districts were allocated among counties based on citizen population, not total population, so as to exclude the flow of immigrants through Ellis Island. A complex allocation formula was used to ensure that upstate areas would receive senate and assembly districts far in excess of their share of the overall population. Before the Supreme Court's influentialone person, one vote decisions of the 1960s, the Republican Party would control the state assembly for sixty-six years and the state senate for fifty-seven.[21]
  • TheState Forest Preserve was given perpetual protection as wild land.[22]
  • The State-ownedOnondaga Salt Springs Reservation was allowed to be sold.
  • Convict labor inpenal institutions was abolished.
  • The use ofvoting machines was allowed.
  • The first meeting of the annual legislative session was moved from the first Tuesday to the first Wednesday in January.

Constitutional Convention of 1915

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Under the 1894 Constitution, the people were to vote on the holding of a seventh Constitutional Convention in 1916. However, the Governor proposed that the Convention be moved up to 1915 so that it would not be overshadowed by other issues. Thus, in April 1914, a referendum approved a Constitutional Convention to be held in 1915.[23] There were 168 delegates to the 1915 Convention. The delegates included:Elihu Root (the President of the Convention),Edgar T. Brackett,Jacob Brenner,Alphonso T. Clearwater,Patrick W. Cullinan,Seth Low,Louis Marshall,John Lord O'Brian,Herbert Parsons,Adolph J. Rodenbeck,Jacob Gould Schurman,Henry L. Stimson,George W. Wickersham,Franklin A. Coles,Harry E. Lewis,Meier Steinbrink,Harry Heyman,John F. Ahearn,Abraham Harawitz,Alfred E. Smith,Harry E. Oxford,Morgan J. O'Brien,John B. Stanchfield,James A. Foley,De Lancey Nicoll,William F. Sheehan,Thomas Francis Smith,Thomas Maurice Mulry,John Thomas Dooling,John Godfrey Saxe II,Robert F. Wagner,Courtlandt Nicoll,Frederick C. Tanner,Mark Eisner,William M. K. Olcott,Martin Saxe,J. Sidney Bernstein,Nathan Burkan,Anthony J. Griffin,Louis F. Haffen,Francis W. Martin,George A. Blauvelt,Eugene Lamb Richards,Francis A. Winslow,Frank L. Young,Caleb H. Baumes,Lemuel E. Quigg,William Barnes Jr.,Harold J. Hinman,Victor M. Allen,W. Barlow Dunlap,Louis M. Martin,Ray B. Smith,Israel T. Deyo,George E. Green,Jesse S. Phillips,James Wolcott Wadsworth,Frank M. Jones,Benjamin Rush Rhees,Homer E. A. Dick,Charles B. Sears,Matthias Endres,Frank W. Standart, andJames S. Whipple.

Proposed changes included:

  • A reorganization of state government leaving it with 17 departments, reducing the number of elected officials, and providing for the appointment of others
  • Removing from the State Legislature the power to review local matters and private claims
  • Budgetary regulation
  • Improvements in the ways the State could become indebted
  • Home rule for cities
  • Giving the State Legislature the authority, with voters' consent, to alter county government
  • Simplification of the court system
  • State control over tax assessment
  • Establishing a conservation commission to oversee natural resources
  • Expanded rights for workers[24]

All of the proposals from the seventh Constitutional Convention of 1915 were grouped into five questions, all of which were rejected by the people. However, all was not lost. In 1925, a revised Article 5, containing many proposals from the Fifth Convention of 1915, was submitted to the people/voters and accepted in a referendum/election. In 1927, the budget proposal from the Fifth Convention was also accepted.[25]

1921 Judiciary Convention

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Originally, the 1915 Convention proposed numerous overhauls to the judicial system. The Legislature rejected this article and it was not sent to the voters. However, in 1921, the Legislature authorized a group of thirty people to revise the judiciary article of the 1894 Constitution. However, the proposed article included many proposals from the 1915 Convention, and was again rejected by the Legislature.[26]

Constitutional Convention of 1938

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The Constitution established in 1894 required the voters to vote on the necessity of a subsequent constitutional convention in 1936. On November 3, 1936, the voters approved the holding of a Convention which was held two years later in 1938.[2]

There were 168 delegates to the Eighth Constitutional Convention of 1938. These includedAlfred E. Smith (former Governor and presidential candidate),Hamilton Fish III (U.S. Representative),Robert F. Wagner, (U.S. senator), andRobert Moses (major builder as head of theTriborough Bridge Authority). The Convention was chaired byFrederick E. Crane, the Chief Judge of the State Court of Appeals. GovernorHerbert Lehman appointedCharles Poletti to head a committee to gather information for the convention's use. The twelve-volume report they produced is called the "Poletti Report".[27]

The 1938 Convention did not actually adopt a new Constitution, but it did propose changes (57 amendments in all) to the continuing Constitution of 1894, which were bundled into nine questions for the voters; only six questions of amendments were approved. Changes approved were:

  • The State Legislature was now authorized to enact a Social Security program
  • The State Legislature could provide funding to eliminate railroad crossings
  • New York City was excluded from debt limits in order to finance a public rapid transport system
  • An amendment setting out the rights of public works projects workers
  • A number of non-controversial amendments
  • Permission for the State Legislature to fund transportation to parochial schools[28]

Constitutional Convention of 1967

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In the 1960s, with the increasing changes and expansions of populations with the changing society, demand grew for a new Constitution. Thus, in 1965, the State Legislature put the question to the voters on the holding of a constitutional convention in 1967, and the voters approved it. A committee was established to gather information for the Convention. In 1966, 186 people were elected to become members in the 9th Constitutional Convention. Unlike all of the other Conventions, the candidates for membership ran in partisan elections of which theDemocrats won a majority.[29] The Convention was chaired byAnthony Travia, the Speaker of the State Assembly.

Proposed changes included:

  • Expansion of individual citizens' rights
  • Repealing of the 19th CenturyBlaine Amendment, which prohibited the State from funding parochial schools
  • State takeover of costs for the court system, and the administration of welfare programs
  • Allowing the legislature to incur debt without referendum
  • The addition of a "statute of restrictions," or "two-part constitution," whereby a short Constitution would be enacted, with other provisions being placed in a separate document that differed from normal statute, as it took two years to amend[30]

The proposed changes were bundled into one document and were met with stiff opposition. Thus, in November 1967, the voters rejected the new Constitution, with no county voting in favor.[31][32]

2024 November amendment

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In November 2024, 62.5% of voters approved of adding sexual orientation and gender identity - plus abortion protections to the New York State Constitution itself.[33][34]

Amending the Constitution

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The current New York State Constitution of 1894/1938 can be amended in two main ways:

  • By a proposal of an amendment in the Legislature, subject to voter approval, or
  • Through a Convention, also subject to voter approval, which can be called in one of two ways:
  • By proposal of the Legislature, subject to voter approval
  • Through the automatic referendum every twenty years

Any legislative proposal must be approved by two successive Legislatures before being submitted for voter approval. If a convention is called, fifteen at-large members and three members per Senate district will be elected. These members will be compensated on the level of an Assembly member. The Convention will meet continuously in the Capitol until they conclude their work from the first Tuesday of April following their election.

Whether or not a limited-call convention dealing with specific issues is constitutional or not remains unclear. Proponents argue that because the Constitution is a limiting, and not a granting, document, then it is. They point to the fact that the 1801 Convention was a limited-call one. Opponents argue that because the Constitution does not expressly provide for such a Convention, any such convention would be unconstitutional.[35]

See also

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References

[edit]
  1. ^"Schaffer Law Library's Guide on the New York State Constitution"(PDF).Albany Law School. Archived fromthe original(PDF) on 2013-05-26. Retrieved2010-04-26.
  2. ^abNew York State Archives and Records Administration."The Constitutional Convention of 1938". The Historical Society of the Courts of the State of New York. RetrievedAugust 2, 2012.
  3. ^New York State Constitution(PDF). Department of State, Division of Administrative Rules. 2025-01-01. pp. 4–6.
  4. ^"Constitution of The State of New York".www.dos.ny.gov. Archived fromthe original on 2020-10-16. Retrieved2020-07-10.
  5. ^Adams, Willi Paul (2001).The First American Constitutions: Republican Ideology and the Making of the State Constitutions in the Revolutionary Era (Expanded ed.). Rowman & Littlefield Publishers, Inc. p. 83.
  6. ^Journals of the Provincial Congress, Provincial Convention, Committee of Safety, and Council of Safety of the State of New York, 1775, 1776 1777. Vol. I. Albany. 1842. pp. 892–898.
  7. ^Nunez 1968, p. 366.
  8. ^Thorpe, Francis Newton (1909).The Federal and State Constitutions Colonial Charters, and Other Organic Laws of the States, Territories, and Colonies Now or Heretofore Forming the United States of America, Compiled and Edited Under the Act of Congress of June 30, 1906. Washington, D.C.: Government Printing Office. [USMARC Cataloging Record]
  9. ^III, James (1989-01-01)."The Council of Revision and the Limits of Judicial Power".University of Chicago Law Review.56 (1).doi:10.2307/1599689.ISSN 0041-9494.JSTOR 1599689.
  10. ^"Founders Online: John Jay and the New York State Constitution of 1777 Editorial …".founders.archives.gov. Retrieved2024-12-21.
  11. ^Wilder, Craig Steven, A covenant with Color: Race and Social Power in Brooklyn 1636 – 1990, Columbia University Press, 2000.
  12. ^Google BooksThe New York Civil List compiled by Franklin Benjamin Hough (Weed, Parsons and Co., 1858)
  13. ^Miller, Douglas T. (1967).Jacksonian Aristocracy: Class and Democracy in New York, 1830–1860. New York: Oxford University Press. pp. 66–69.
  14. ^Result inThe Tribune Almanac for 1868 compiled byHorace Greeley of the"New York Tribune"
  15. ^The Constitutional Convention in NYT on November 19, 1867
  16. ^Frank Hiscock took the seat to which had been elected his brotherL. Harris Hiscock who was murdered on June 4, 1867.
  17. ^Complete list of delegates inNew York Convention Manual issued by the Secretary of State's office, New York, 1867
  18. ^Courts and Lawyers of New York: A History, 1609–1925 by Alden Chester & Edwin Melvin Williams (Vol. I; pg. 713ff, "The Constitutional Commission of 1872")
  19. ^Journal of the Constitutional Convention of the State of New York 1894 (Albany, 1895; pg. 1)
  20. ^seeThe Constitutional Convention of 1894 inThe Evening Journal Almanac (1895; pg. 64f)
  21. ^Seabrook, Nick (2022).One Person, One Vote: A Surprising History of Gerrymandering in America. New York: Pantheon Books. pp. 233–234.ISBN 9780593315866.
  22. ^Article XIV of the New York State ConstitutionArchived 2016-09-21 at theWayback Machine begins: "The lands of the state, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be forever kept as wild forest lands. They shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed."
  23. ^Nunez 1968, p. 369.
  24. ^Documents of the Constitutional Convention of the State of New York, 1915, begun and held at the Capitol in the City of Albany on Tuesday the sixth day of April. Albany: J.B. Lyon Company. 1915.LCCN 16027146.
  25. ^Nunez 1968, p. 370.
  26. ^Nunez 1968, pp. 370–371.
  27. ^Campbell, Douglas W. (1943).Constitution Making In A Democracy Theory And Practice In New York State. London: Oxford University Press.
  28. ^Nunez 1968, p. 372.
  29. ^Nunez 1968, p. 374.
  30. ^Nunez 1968, p. 375.
  31. ^Nunez 1968, p. 376.
  32. ^New York State Archives and Records Administration."The Constitutional Convention of 1967". The Historical Society of the Courts of the State of New York. RetrievedAugust 2, 2012.
  33. ^[1]
  34. ^"New York Amends Constitution to Expand Equal Protection". 8 November 2024.
  35. ^Benjamin, Gerald;Briffault, Richard (March 2005)."Amending the New York State Constitution - Current Reform Issues"(PDF).The Philip Weinberg Forum. Albany: The Nelson A. Rockefeller Institute of Government. RetrievedAugust 2, 2012.

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