Isabella Carter
New York has had four state constitutions (1777, 1821, 1846, and 1894) and held eight constitutional conventions (1801, 1821, 1846, 1867, 1894, 1915, 1938, and 1967). The current New York Constitution, which consists of a preamble and 20 articles, was last amended on January 1, 2025, and has been amended over 207 times since 1996. The state's constitution is the fundamental document that outlines its framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. New York's first Constitution was drafted soon after its Fourth Provincial Congress declared independence from Great Britain in 1776. It was adopted on April 20, 1777, and has since been amended and replaced several times.
| Characteristics | Values |
|---|---|
| Number of state constitutions | 4 |
| Years of adoption of state constitutions | 1777, 1821, 1846, 1894 |
| Number of constitutional conventions | 8 |
| Years of constitutional conventions | 1801, 1821, 1846, 1867, 1894, 1915, 1938, 1967 |
| Number of amendments | Over 207 |
| Number of amendments since 1996 | 20 |
| Date of last amendment | January 1, 2025 |
| Date of last approved amendment | November 5, 2024 |
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What You'll Learn
New York's first constitution
The constitution provided for a bicameral legislature, consisting of an Assembly and a Senate. The Assembly was to be chosen by the people, with each member having a two-year term. The Senate was to consist of 24 members, chosen by freeholders of the state who possessed freeholds of at least 100 pounds in value. The members of the Senate were to be elected for four-year terms and divided by lot into four classes, with six members in each class. The legislature was to meet at least once a year and was responsible for passing laws.
The first constitution also established a council of revision, consisting of the governor, chancellor, and judges of the supreme court, responsible for reviewing bills passed by the legislature. The Assembly and Senate could not adjourn for more than two days without each other's consent, and whenever they disagreed, a conference was to be held, managed by committees chosen by ballot. The doors of the Assembly and Senate were to be kept open to all persons, except when the welfare of the state required secrecy.
The first constitution was replaced by a second constitution in 1821, followed by subsequent constitutions in 1846, 1894, and 1938. The current New York Constitution has been amended over 200 times since 1938.
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The 1938 convention
The 1938 Constitutional Convention of New York, also known as the eighth Constitutional Convention, did not adopt an entirely new constitution. Instead, it proposed substantial modifications to the existing 1894 Constitution, which was still in force.
President Crane's opening address set the tone for the convention, emphasizing the need to demonstrate the effectiveness and efficiency of their form of government in addressing the challenges of the modern world. He highlighted the importance of reaffirming and expanding traditional political values, such as freedom of speech, that were under attack from both the left and the right.
The 1938 Constitution remains the central governing document of the state and has been amended several times since its adoption.
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The 1967 convention
The 1967 Constitutional Convention in New York, also known as Question No. 1, was the ninth and, to date, the last State Constitutional Convention held in the state. It took place in Albany from April 4 to September 26, 1967.
In the 1960s, New York's population was growing and changing, and there was a demand for a new Constitution. In 1965, the State Legislature asked voters if they wanted to hold a constitutional convention in 1967, and the voters approved. A committee was formed to gather information for the convention, and in 1966, 186 people were elected to be members of the 9th Constitutional Convention. Unlike previous conventions, candidates for membership ran in partisan elections, with the Democrats winning a majority. The convention was chaired by Anthony Travia, the Speaker of the State Assembly.
The proposed constitution was submitted to the voters on November 7, 1967, at a general election. All of the 1967 Convention's proposals were rejected by the voters, with no county voting in favour. The proposed changes were bundled into one document and met with stiff opposition.
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The constitution's 20 articles
New York has had four state constitutions (1777, 1821, 1846, and 1894) and held eight constitutional conventions since 1801. The current New York Constitution, consisting of a preamble and 20 articles, was last amended on January 1, 2025, and has been amended over 207 times. Here is an overview of the 20 articles of the New York Constitution:
Article I: Bill of Rights
Article I of the New York Constitution consists of 18 sections, three of which have been repealed. It establishes the rights and personal freedoms of the people of New York State.
Article II: Suffrage
Article II, consisting of nine sections, outlines the rules and regulations regarding voting rights and the election process in New York State.
Article III: Legislature
Article III, the longest of the 20 articles, consists of 25 sections. It outlines the powers, structure, and responsibilities of the New York State Legislature.
Article IV: Executive
Article IV, consisting of eight sections, details the roles and responsibilities of the executive branch of New York State, including the Governor, Lieutenant Governor, and other executive officers.
Article V: Officers and Civil Departments
Article V has seven sections, one of which has been repealed. It covers the various civil service positions and departments within New York State, outlining their roles and responsibilities.
Article VI: Judiciary
Consisting of 37 sections, Article VI establishes the powers, structure, and functions of the New York State court system, including the Supreme Court, Court of Appeals, and other lower courts.
Article VII: State Finances
Article VII, with 19 sections, outlines the financial management and fiscal policies of New York State, including revenue generation, budgeting, and accounting practices.
Article VIII: Local Finances
This article, with 12 sections, focuses on financial matters specific to local governments within New York State, such as counties, cities, and towns.
Article IX: Education
Article IX, consisting of 17 sections, outlines the state's commitment to education and the management of the public school system in New York.
Article X: Public Officers
This article covers the qualifications, election or appointment processes, and terms of office for various public officers in New York State, such as state senators, assembly members, and local officials.
Article XI: Public Lands
Article XI, with 13 sections, deals with the management and disposition of public lands owned by New York State, including state parks, forests, and other properties.
Article XII: Corporations
Consisting of 11 sections, Article XII outlines the regulations and policies regarding the formation and operation of corporations within New York State.
Article XIII: Public Service
Article XIII, with 14 sections, covers the rights and responsibilities of public servants, including civil servants and employees of the state and local governments.
Article XIV: Cities, Towns, and Villages
This article outlines the powers, duties, and functions of municipalities within New York State, including the creation, governance, and dissolution of cities, towns, and villages.
Article XV: Amendment and Revision
Article XV, with seven sections, sets forth the procedures for amending or revising the New York State Constitution, including the role of the legislature and voters in the amendment process.
Article XVI: Indebtedness
Article XVI, consisting of six sections, establishes the state's authority to incur debt and issue bonds, as well as the regulations and limitations on state and local indebtedness.
Article XVII: Social Security
This article, added in 1938, consists of three sections and authorises the state legislature to enact a social security program for the residents of New York.
Article XVIII: Forest Preserve
Article XVIII, with four sections, deals with the protection and preservation of New York's forest lands and natural resources.
Article XIX: General Provisions
This article covers various miscellaneous provisions and topics not specifically addressed in other articles, such as the state seal, the state flag, and other symbolic representations of the state.
Article XX: When This Constitution Takes Effect
The final article, consisting of two sections, outlines the transition process and the date when the current or amended constitution takes effect.
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The constitution's amendments
New York has had four state constitutions (1777, 1821, 1846, and 1894) and held eight constitutional conventions (1801, 1821, 1846, 1867, 1894, 1915, 1938, and 1967). The current New York Constitution has been amended over 200 times, with 20 constitutional amendments adopted since 1996.
The first New York Constitution was adopted by the Convention of Representatives of the State of New York on April 20, 1777, soon after New York's Fourth Provincial Congress declared New York independent of Great Britain in 1776. The 1777 Constitution ordained that the supreme legislative power within the state would be vested in two separate and distinct bodies: the assembly of the State of New York and the senate of the State of New York, who together would form the legislature. It also stated that no member of the state could be deprived of any rights or privileges secured by the constitution unless by the law of the land or the judgment of their peers.
The second constitution was adopted in 1821, the third in 1846, and the fourth in 1894. The 1894 Constitution is New York's present constitution, though it has been amended several times since its adoption. The 1938 Convention proposed changes to the 1894 Constitution in the form of 57 amendments, of which only six questions of amendments were approved. These amendments authorized the State Legislature to enact a Social Security program and provide funding to eliminate railroad crossings, excluded New York City from debt limits to finance a public rapid transport system, and set out the rights of public works projects workers.
The most recent amendment to the New York Constitution was approved by voters on November 5, 2024.
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Frequently asked questions
New York has had four state constitutions, adopted in 1777, 1821, 1846, and 1894.
New York has held eight constitutional conventions in 1801, 1821, 1846, 1867, 1894, 1915, 1938, and 1967.
The current New York Constitution has been amended over 207 times since 1894.
Yes, during the 20th century, two out of three proposed constitutions were rejected by the New York State electorate.
