Malcolm Rivera
The State of New York has held nine Constitutional Conventions since 1776, with four de novo constitutions in its history. The first was drafted by John Jay in 1776-1777, replacing the former colonial charter. New York ratified the US Constitution in 1788, becoming the 11th state to do so. The Federalists, led by Alexander Hamilton, supported ratification, while the Anti-Federalists, led by Governor George Clinton, opposed it. The Federalists ultimately prevailed, but the Anti-Federalists attached a list of proposed additions, including a Bill of Rights, to be considered before New York's full participation in the new government.
| Characteristics | Values |
|---|---|
| Date of ratification of the US Constitution | July 26, 1788 |
| New York's position in ratification | 11th state to ratify the Constitution |
| Vote count | 30-27 |
| Date of the New York Ratifying Convention | Mid-June 1788 |
| New York's ratification message | Proposed 25 items in a Bill of Rights and 31 amendments to the Constitution |
| Date of the draft federal constitution submission to the states | September 17, 1787 |
| New York's stance on the ratification debate | Anti-Federalists vs. Federalists |
| Leaders of the Anti-Federalists | Governor George Clinton |
| Leaders of the Federalists | Alexander Hamilton |
| Number of Constitutional Conventions held by New York | 9 |
| Number of de novo constitutions in New York's history | 4 |
| Date of the last amendment to New York's constitution | January 1, 2025 |
| Number of articles in New York's constitution | 20 |
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What You'll Learn
New York ratified the US Constitution on July 26, 1788
The Anti-Federalists argued that the new and more powerful national government operating under a constitution that did not include a Bill of Rights would seriously endanger the rights of individual citizens and the rights of the states. They clamored for a Bill of Rights and fought to preserve the autonomy of the state against federal encroachments. Hamilton and the Federalists, on the other hand, contended that a stronger central government would provide a solid base for New York's growth and prosperity.
To ensure ratification, the Federalists agreed that a series of amendments protecting individual rights would be introduced at the first Congress convened under the new Constitution. Of these 12 amendments, 10 were ratified by the states and became the Bill of Rights. New York's ratification message was the longest of any of the state conventions, proposing 25 items in a Bill of Rights and 31 amendments to the Constitution.
The New York Ratifying Convention, which approved the Constitution, also voted unanimously to prepare a circular letter to the other states, asking them to support a second general convention to consider amendments to the Constitution. The letter was drafted by John Jay, with revisions by Alexander Hamilton and John Lansing, Jr. It was printed in seven New York newspapers and in more than 30 newspapers in other states.
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The Federalists and Anti-Federalists disagreed over ratification
The Federalists and Anti-Federalists had differing views on the ratification of the US Constitution. The Federalists supported the ratification, while the Anti-Federalists opposed it. The Federalists believed that the nation might not survive without the passage of the Constitution and that a stronger national government was necessary after the failed Articles of Confederation. They argued that the national government only had the powers specifically granted to it under the Constitution and was prohibited from certain actions. They also believed in the separation of powers, with the basic powers of government divided into three equal branches, and no one branch or person having too much power.
The Anti-Federalists, on the other hand, argued that the Constitution gave too much power to the federal government, taking away power from state and local governments. They believed that the federal government would be too far removed to represent the average citizen and that the nation was too large for the national government to respond to local concerns. They also wanted a Bill of Rights included in the Constitution to protect individual liberties. The Anti-Federalists in crucial states like Massachusetts, Virginia, and New York made their ratification of the Constitution contingent on the inclusion of a Bill of Rights.
The Federalists, to ensure ratification, agreed to introduce a series of amendments protecting individual rights at the first Congress under the new Constitution. James Madison, who had initially argued against having a Bill of Rights, eventually drafted a list of rights that the new federal government could not encroach upon. These included rights such as free speech, the right to a speedy trial, and protections against cruel and unusual punishments.
The Federalist Papers, a collection of essays written by Alexander Hamilton, John Jay, and Madison, defended the US Constitution. The Anti-Federalist Papers, authored by Cato and other writers, also played a significant role in American political history and led to the adoption of the Bill of Rights. The Constitution was ratified in 1788 and went into effect in 1789.
New York has had a complex history with its state constitution, holding nine Constitutional Conventions since 1776, with the most recent amendments in 2025. The state constitution establishes the structure of New York's government and enumerates the basic rights of its citizens. There was deep division among New Yorkers during the ratification process, with some refusing to sign due to concerns over individual and states' rights.
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New York has held nine Constitutional Conventions
The State of New York has held nine Constitutional Conventions, with four resulting in de novo constitutions. The first Constitutional Convention was held in 1776-1777, resulting in the adoption of a new constitution that replaced the former colonial charter. The second and third conventions took place in 1801 and 1821, respectively, with the latter leading to the state's second constitution. The fourth convention in 1846 produced the third constitution, which abolished feudal land ownership and extended protection to local governments.
The fifth and sixth conventions were held in 1867-1868 and 1894, respectively, with the latter resulting in the fourth and most recent constitution. The seventh convention in 1915 did not lead to a new constitution but proposed changes that were later adopted in 1925 and 1927. The eighth convention in 1938 also did not adopt a new constitution but proposed 57 amendments to the continuing 1894 Constitution, of which six were approved. The ninth and most recent convention took place in 1967.
The Constitutional Conventions in New York have played a significant role in shaping the state's government and protecting the rights of its citizens. The 1777 Constitution, for example, established a system of checks and balances by vesting legislative power in two separate bodies, the Assembly and the Senate, and creating a Council of Revision to review bills passed by the legislature. The 1846 Convention addressed issues related to land grants and voting rights, with Peter Augustus Jay advocating for universal suffrage and the extension of voting rights to free African Americans.
The 1938 Convention, held during a time of social distress and economic hardship, proposed amendments that addressed labour rights, housing, social welfare, civil liberties, and equal protection under the law. The most recent convention in 1967 was called to address legal issues concerning the state's legislative apportionment. While New York has held nine Constitutional Conventions, the state has only adopted four essentially new constitutions, indicating that some conventions resulted in modifications to existing constitutions rather than completely new frameworks.
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The 1938 Convention proposed 57 amendments
The State of New York has held nine Constitutional Conventions, with the eighth one taking place in 1938. Unlike the previous seven conventions, the 1938 Convention did not propose an entirely new constitution but suggested substantial modifications to the 1894 Constitution, which was still in force.
- The State Legislature was authorised to enact a Social Security program.
- The State Legislature could provide funding to eliminate railroad crossings.
- New York City was excluded from debt limits to finance a public rapid transport system.
- An amendment setting out the rights and wages of employees on public works projects.
The 1938 Convention's most significant accomplishment was adding authorisation for an expanded state government responsibility for social welfare programs. The delegates declared that the state government was responsible for aiding the needy, promoting public health, educating children, and caring for the physically and mentally handicapped. This clarification of the state government's role helped avoid problems when it began to take over added responsibility for social programs.
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The New York Constitution was last amended on January 1, 2025
The State of New York has held nine Constitutional Conventions since 1776, with the last de novo constitution being adopted in 1894. The New York Constitution was last amended on January 1, 2025, with the most recent changes being bundled into nine questions for voters, of which six were approved. The amendments included the establishment of the rights and personal freedoms of the people of New York, as well as the responsibilities and limitations of the government.
The New York Constitution was first adopted on April 20, 1777, and was drafted by John Jay. The 1777 Constitution established the supreme legislative power within the state, vesting it in two separate bodies: the assembly of the State of New York and the senate of the State of New York. It also declared that no member of the state could be deprived of the rights or privileges secured by the Constitution without due process.
The 1777 Constitution was replaced by a new constitution in 1821, which was amended in 1822 and ratified by popular vote. This was followed by another new constitution in 1846, and then in 1894, which is still in force today. The 1894 Constitution was drafted by a convention of 175 delegates, elected at the New York state election the previous year. The 1894 Constitution has been amended and modified several times since its adoption, including in 1915, 1925, 1927, 1938, 1941, 1967, and 2001.
The New York Constitution establishes the structure of the state government and enumerates the basic rights of its citizens. It consists of a preamble and 20 articles, many of which are similar to those in the Constitution of the United States. Some of the provisions in the New York Constitution include freedom of speech, the right to a trial by jury, freedom of worship, habeas corpus, and security against unreasonable searches and seizures.
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Frequently asked questions
Yes, New York ratified the US Constitution on July 26, 1788, becoming the 11th state to do so.
New York voted 30-27 in favour of ratifying the Constitution.
The ratification was preceded by a struggle between the Anti-Federalist contingent, led by Governor George Clinton, and the Federalists, led by Alexander Hamilton, the only New York member of the Constitutional Convention to have signed the Constitution.
The Anti-Federalists argued that a new and more powerful national government operating without a Bill of Rights would endanger the rights of individual citizens and the rights of the states.
Yes, to ensure ratification, the Federalists agreed to introduce a series of amendments protecting individual rights, which became the Bill of Rights.
