Omar Bennett
The New York Constitution is the fundamental document outlining the state's 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 in 1777, and the state has since adopted four constitutions and held eight constitutional conventions. 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. The constitution was last amended on January 1, 2025, to include protections for sexual orientation, gender identity, and abortion.
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What You'll Learn
New York Constitution Amendments
The New York Constitution is the fundamental document outlining the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. New York has adopted four constitutions (in 1777, 1821, 1846, and 1894) and held eight constitutional conventions (in 1801, 1821, 1846, 1867, 1894, 1915, 1938, and 1967). 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:
This method involves proposing and approving an amendment during two consecutive sessions of the Legislature. First, the amendment must be proposed in the State Senate and Assembly and referred to the New York State Attorney General. Within 20 days, the Attorney General must provide an opinion on the amendment's effect on other constitutional provisions. If adopted by a majority in both houses ("first passage"), the proposed amendment is presented again to the Legislature during the next regular legislative session. If adopted by a majority again ("second passage"), the amendment is placed on the ballot for voter approval. A simple majority vote is required during these two successive legislative sessions, amounting to a minimum of 126 votes in the State Assembly and 32 votes in the State Senate.
Through a Convention, also subject to voter approval:
A constitutional convention can be called in two ways: by a proposal from the Legislature, subject to voter approval, or through an automatic referendum every twenty years. If a convention is called, fifteen at-large members and three members per Senate district will be elected. The convention's delegates propose amendments, which are then subject to voter approval or rejection.
It's worth noting that amendments do not require the governor's signature to be referred to the ballot. The New York Constitution was last amended on January 1, 2025, with the most recent voter-approved amendment being added on November 5, 2024, to include protections for sexual orientation, gender identity, and abortion.
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New York Constitution Articles
The current New York Constitution has been amended over 207 times and consists of a preamble and 20 articles. Here is an overview of the New York Constitution Articles:
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, such as freedom of speech, freedom of worship, and security against unreasonable searches and seizures.
Article II: Suffrage
Article II, consisting of nine sections, outlines the requirements and regulations for voting in New York State.
Article III: Legislature
Article III, the longest article, consists of 25 sections and details the structure and functions of the New York State Legislature, including the assembly and the senate.
Article IV: Executive
Article IV, consisting of eight sections, focuses on the executive branch of New York State, outlining the roles and responsibilities of the governor, lieutenant governor, and other executive officers.
Article V: Officers and Civil Departments
Article V consists of seven sections, one of which has been repealed. It covers the various officers and civil departments within New York State, such as the secretary of state, attorney general, and civil service commissions.
Article VI: Judiciary
Article VI, consisting of 37 sections, outlines the structure and jurisdiction of the New York State court system, including the roles of judges and other judicial officers.
Article VII: State Finances
Article VII, with 19 sections, details the financial management of New York State, including revenue, expenditures, and state debt.
Article VIII: Local Finances
Article VIII, with 12 sections, focuses on the financial aspects of local governments within New York State, including budgeting, taxation, and fiscal oversight at the county, city, and town levels.
Article IX: Local Governments
Article IX, with three sections, outlines the structure and powers of local governments in New York State, including counties, cities, towns, and villages.
Article X: Corporations
Article X, consisting of eight sections, deals with the formation, regulation, and governance of corporations in New York State.
Article XI: Education
Article XI, with three sections, outlines the state's role in education, including provisions for the establishment and maintenance of public schools.
Article XII: Defense
Article XII, the shortest article, consists of a single section focused on defense and public safety in New York State.
Article XIII: Public Officers
Article XIII, with 14 sections, covers the selection, qualifications, and duties of public officers in New York State, excluding those addressed in other articles.
Article XIV: Conservation
Article XIV, consisting of five sections, addresses environmental conservation and natural resources in New York State.
Article XV: Canals
Article XV, with four sections, deals with the management and operations of canals in New York State, including funding, maintenance, and revenue.
Article XVI: Amendments and Revisions
This article outlines the processes for amending or revising the New York Constitution, including the roles of the legislature and voters in proposing and ratifying amendments.
Article XVII: Miscellaneous
Article XVII contains various provisions that do not fit within the other articles, covering topics such as the state seal, state flag, and other symbolic representations of New York State.
Article XVIII: Transitional
Article XVIII provides guidance on the transition from previous constitutional provisions to those established by the current constitution.
Article XIX: Schedule of Local Laws
Article XIX presents a schedule of local laws and how they relate to the constitution, outlining any necessary adjustments or exceptions to ensure compliance with the constitution.
Article XX: Effective Date
Article XX specifies the date on which the constitution takes effect, which was January 1, 1939.
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New York Constitution Voting Rights
The New York Constitution is the fundamental document outlining the state's framework for governance, including the rights and freedoms of the people and the responsibilities and limitations of the government. The current New York State Constitution, adopted in 1894 and amended in 1938, consists of a preamble and 20 articles, with the latest amendment being added in 2025.
The New York Constitution guarantees the right to vote for all citizens over the age of eighteen who have been residents of the state for at least 30 days before an election. This includes the right to vote for candidates and answer questions on the ballot, with sufficient time being provided for voting. The constitution also ensures secrecy in voting and freedom from coercion or intimidation by election officers or any other person. Once registered, voters remain qualified to vote from any address within their county or city.
The New York Constitution also establishes the general operation of absentee ballots, voter registration, and elections, providing for bipartisan election boards. It permits the use of eminent domain, collective bargaining, the New York State Lottery, parimutuel betting on horse racing, and up to seven commercial casinos.
The New York Constitution can be amended in two ways: through a proposal by the Legislature, subject to voter approval, or through a Convention, also subject to voter approval. A constitutional amendment requires a simple majority vote during two successive legislative sessions, amounting to a minimum of 126 votes in the State Assembly and 32 votes in the State Senate. Amendments do not require the governor's signature. A question about holding a state constitutional convention automatically appears on the state's ballot every 20 years, with the next one scheduled for 2037.
The New York Voting Rights Act (NYVRA) strengthens the voting rights of all eligible New Yorkers, including historically marginalised and disenfranchised communities. It removes barriers and ensures fair, open, and equal access to voting. The NYVRA prohibits practices that harm the right to vote and requires certain jurisdictions to provide language assistance for voters with limited English proficiency, such as translating ballots and voter-registration materials.
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New York Constitution Conventions
New York has adopted four constitutions (1777, 1821, 1846, and 1894) and held eight constitutional conventions (1801, 1821, 1846, 1867, 1894, 1915, 1938, and 1967). The first Constitutional Convention in New York's history took place in Kingston, New York, on April 20, 1777, resulting in the adoption of a new Constitution with only one dissenting vote. This Constitution was drafted by John Jay, Robert R. Livingston, and Gouverneur Morris, serving as a Declaration of Independence from Great Britain and establishing a weak bicameral legislature and a strong executive branch led by a governor.
The second Constitution was adopted in 1821, following the Constitutional Convention of the same year. This Constitution included a bill of rights and removed property qualifications for white male voters, while expanding them for African Americans. The 1821 Constitution was also notable for its approval of several amendments through formal procedures.
The third Constitution was established in 1846, after voters overwhelmingly approved the call for a constitutional convention. This convention abolished feudal land ownership, extended constitutional protection to local governments, and reorganised the judicial system.
The Constitutional Convention of 1894 resulted in revisions to the third Constitution, which remains in force today. Unlike other conventions, the 1938 convention did not propose a new Constitution but substantially modified the existing 1894 Constitution. The most recent Constitutional Convention in 1967 was rejected by voters, with no county voting in favour of the proposed changes.
The New York Constitution can be amended in two ways: through a proposal in the Legislature, subject to voter approval, or via a Convention, also subject to voter approval. The state legislature can propose a constitutional convention at any time, and the question of holding a convention must be submitted to the electorate every twenty years.
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New York Constitution History
The New York Constitution is the fundamental document that outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. New York has adopted four constitutions, in 1777, 1821, 1846, and 1894, and has held eight constitutional conventions.
The first New York Constitution was adopted on April 20, 1777, after the state joined the Union on July 26, 1788. The 1777 Constitution established the state's legislative bodies, the Assembly and the Senate, and outlined the rights and privileges of the state's subjects, including voting rights for male inhabitants of full age who resided in the state for at least six months preceding the election. It also abrogated any parts of the common law that established or maintained allegiance to the King of Great Britain and his predecessors.
The second New York Constitution was adopted in 1821, and the state held constitutional conventions in 1801 and 1821 to discuss revisions and amendments. The third Constitution was adopted in 1846, with another constitutional convention held that year in Albany to revise the state's constitution. The fourth and current Constitution was adopted in 1894 and was amended in 1938, remaining the central governing document of the state.
The New York Constitution has been amended several times since its adoption, with the most recent amendment approved by voters on November 5, 2024. 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. According to the New York Constitution, a question about holding a state constitutional convention automatically appears on the state's ballot every 20 years since 1957.
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Frequently asked questions
The New York Constitution is the fundamental document that outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
The New York Constitution 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.
According to Section 2 of Article XIX of the New York Constitution, a question about whether to hold a state constitutional convention is to automatically appear on the state's ballot every 20 years starting in 1957.
Examples of amendments to the New York Constitution include the addition of protections for sexual orientation, gender identity, and abortion in 2024, and a 2021 amendment stating that residents of the state are entitled to "clean air and water, and a healthful environment."
