Malcolm Rivera
The New York State Constitution has been amended several times since its adoption in 1777. The state has held nine Constitutional Conventions, resulting in four de novo constitutions in 1777, 1821, 1846, and 1894. The most recent amendment was approved by voters on November 5, 2024, and the constitution now consists of a preamble and 20 articles. Amendments can be made through constitutional conventions or by proposal and approval of amendments in two consecutive legislative sessions. The New York Constitution establishes the rights and freedoms of its people, as well as the responsibilities and limitations of the government.
| Characteristics | Values |
|---|---|
| Number of Amendments | Over 207 |
| Number of Constitutions Adopted | 4 (in 1777, 1821, 1846, and 1894) |
| Number of Constitutional Conventions | 9 |
| Number of Constitutional Conventions since 1801 with no new Constitution proposed | 1 (in 1938) |
| Number of Constitutional Amendments since 1996 | 20 |
| Last Amendment | January 1, 2025 |
| Number of Articles | 20 |
| Voter Approval for Amendments | Required |
| Governor Signature for Amendments | Not required |
| Minimum Votes in New York State Assembly | 126 |
| Minimum Votes in New York State Senate | 32 |
| Amendment to Include | Prohibition of discrimination based on sex, sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy |
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What You'll Learn
- The New York Constitution has been amended over 200 times
- Amendments can be made via constitutional convention or legislative proposal
- The constitution outlines citizens' rights and freedoms
- It also outlines the responsibilities and limitations of the government
- The constitution covers state and local finances, local governments, and corporations
The New York Constitution has been amended over 200 times
The State of New York has held nine Constitutional Conventions: in 1776–1777, 1801, 1821, 1846, 1867–1868, 1894, 1915, 1938, and 1967. Despite this, the state has had only four essentially de novo constitutions in its history, those of 1777, 1821, 1846, and 1894. The constitution was last amended on January 1, 2025, and voters approved a new amendment on November 5, 2024.
There are two methods to amend the New York State Constitution. The first method is via a constitutional convention followed by voter approval or rejection of any amendments approved by the convention’s delegates. The second method is via proposal and approval of an amendment in two consecutive sessions of the Legislature. A simple majority vote is required during two successive legislative sessions for the New York State Legislature to place a constitutional amendment on the ballot. Amendments do not require the governor's signature to be referred to the ballot.
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Amendments can be made via constitutional convention or legislative proposal
The New York State Constitution has been amended several times since its first adoption in 1777. The state has held nine Constitutional Conventions since then, resulting in four essentially new constitutions in 1777, 1821, 1846, and 1894. The most recent amendment to the New York Constitution was on November 5, 2024, and before that on January 1, 2025.
Amendments to the New York State Constitution can be made through two methods: a constitutional convention or a legislative proposal. The first method involves a convention where delegates propose amendments, which are then put before the voters for approval or rejection. New York is one of 14 states that provides for an automatic constitutional convention question to appear on the state's ballot every 20 years, with the first instance of this occurring in 1957.
The second method of amending the constitution is through a legislative proposal, which requires proposal and approval of an amendment across two consecutive sessions of the Legislature. This process begins with the proposal of an amendment in the state Senate and Assembly, after which it is referred to the New York State Attorney General. Within 20 days, the Attorney General must provide an opinion to the Legislature on the amendment's effects on other constitutional provisions. Following this, both houses of the Legislature may consider the proposal, and if adopted by a majority in both houses, it proceeds to the next regular legislative session for a second proposal.
The New York State Constitution's amendment procedure has recently gained significant interest due to a court decision in 2022. The court removed a proposed amendment from the November ballot, which had aimed to expand the discrimination prohibition to include "sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy."
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The constitution outlines citizens' rights and freedoms
The New York State Constitution has been amended over 200 times since 1777, with the most recent amendment taking place on January 1, 2025. The constitution outlines citizens' rights and freedoms, including freedom of speech, freedom of worship, and security against unreasonable searches and seizures. It also establishes the rights of citizens to clean air and water and a healthful environment.
The Constitution of the State of New York establishes the structure and functions of the government and enumerates the basic rights of New York citizens. The constitution consists of a preamble and 20 articles, with the first constitution being adopted in 1777. New York has adopted four constitutions since then, in 1821, 1846, and 1894, with the latest constitution being amended in 1938 and still in force.
The state has held nine Constitutional Conventions, with the efforts of two of the 20th-century conventions being rejected by the New York State electorate. The eighth Constitutional Convention of 1938 modified the 1894 Constitution rather than proposing an entirely new one. The Constitution can be amended through two methods: via a constitutional convention followed by voter approval or rejection of amendments, or via proposal and approval of an amendment in two consecutive sessions of the Legislature.
The New York Constitution establishes the rights and personal freedoms of the people, as well as the responsibilities and limitations of the government. It includes provisions similar to those in the Constitution of the United States, such as freedom of speech, trial by jury, and freedom of worship. The Constitution also outlines the rights and requirements involved in voting, including absentee ballots, voter registration, and election procedures. It ensures that all citizens over the age of eighteen who have been residents for at least 30 days before an election are allowed to vote and prohibits any form of bribery or compensation to influence voting decisions.
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It also outlines the responsibilities and limitations of the government
The New York State Constitution establishes the structure and powers of the state government, as well as the basic rights of its citizens. The constitution has been amended several times since its adoption in 1777, with the most recent amendment taking place on January 1, 2025.
The document outlines the responsibilities and limitations of the government to secure the freedoms and rights of the people of New York State. For instance, it establishes the rights to freedom of speech, freedom of worship, and security against unreasonable searches and seizures. It also permits the use of eminent domain, collective bargaining, and gambling in the form of the state lottery, horse racing bets, and casinos.
In addition, the constitution defines the rights and requirements involved in voting. It grants all citizens over the age of eighteen the right to vote, provided they have been residents for at least 30 days before an election. The document prohibits any form of bribery or compensation to influence voting and establishes the use of absentee ballots, voter registration procedures, and bi-partisan election boards.
The constitution also addresses state and local finances, local governments, corporations, education, and defense. These topics are covered in separate articles, each consisting of several sections.
Amending the New York State Constitution can be done through two methods. The first method involves a constitutional convention, where delegates propose amendments that are then subject to voter approval or rejection. The second method is through the proposal and approval of an amendment by the state Legislature across two consecutive sessions. This process does not require the governor's signature but must follow specific procedures outlined in the constitution.
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The constitution covers state and local finances, local governments, and corporations
The New York State Constitution has been amended over 200 times since its adoption, with the most recent amendment being approved by voters on November 5, 2024. This constitution covers various aspects of governance, including state and local finances, local governments, and corporations.
Article VII of the New York State Constitution, consisting of 19 sections, specifically addresses "State Finances." This article outlines the financial framework and policies pertaining to the state of New York, ensuring responsible management of state funds and resources.
Article VIII, entitled "Local Finances," comprises 12 sections. It focuses on financial matters at the local level, including revenue generation, budgeting, and expenditure for municipalities and counties within the state. This article ensures that local governments have the necessary fiscal autonomy and guidelines to manage their finances effectively.
Article IX, "Local Governments," contains three sections that delineate the structure, powers, and responsibilities of local governmental entities in New York State. It establishes the framework for the organization and operation of cities, towns, and villages, including the roles and obligations of local officials.
Article X, consisting of eight sections, is dedicated to "Corporations." This article provides the legal framework for the formation, operation, and regulation of corporations within the state. It covers aspects such as incorporation procedures, shareholder rights, corporate governance, and the relationship between corporations and the state. The article aims to promote economic development while also ensuring accountability and compliance within the corporate sector.
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Frequently asked questions
Yes, the New York State Constitution has been amended over 207 times.
New York has adopted four constitutions—in 1777, 1821, 1846, and 1894—and held nine constitutional conventions.
The New York State Constitution tends to be amended more often than its federal counterpart.
There are two methods of amending the New York State Constitution. The first is via a constitutional convention followed by voter approval or rejection of any amendments approved by the convention’s delegates. The second is via proposal and approval of an amendment in two consecutive sessions of the Legislature.
Amendments cover topics such as freedom of speech, trial by jury, freedom of worship, security against unreasonable search and seizures, and the right to "clean air and water, and a healthful environment."
