Malcolm Rivera
The State of New York has adopted four constitutions to date: 1777, 1821, 1846, and 1894. The current constitution, adopted in 1894, has been amended over 200 times, with the most recent amendment occurring in 2024. New York has also held eight constitutional conventions: 1801, 1821, 1846, 1867, 1894, 1915, 1938, and 1967. The constitution of 1894, revised in 1938, remains in place today.
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What You'll Learn
New York's constitution history
The State of New York has had four constitutions in its history, those of 1777, 1821, 1846, and 1894. The first constitution was drafted by John Jay, Robert R. Livingston, and Gouverneur Morris, who would subsequently help write the U.S. Constitution. This constitution was a combination document, containing its own "Declaration of Independence" from Great Britain, and its Constitutional Law. It was adopted by the Convention of Representatives of the State of New York on April 20, 1777, with just one dissenting vote. The constitution was not submitted to the people for ratification due to the war situation at the time. The British had occupied five counties in the state, along with New York City itself from 1776 until 1783.
The second constitution was adopted in 1821. Despite the approval of several amendments by formal procedures included in the 1821 constitution, voters approved the call for a constitutional convention in 1846, which resulted in the drafting of the third constitution. This constitution abolished all remnants of feudal land ownership, extended constitutional protection to local governments, and reorganized the judiciary. The question of equal suffrage for African Americans was submitted to voters as a separate referendum and was rejected.
The fourth constitution was adopted in 1894 and revised in 1938 by a constitutional convention. This constitution, consisting of a preamble and 20 articles, is still in place today. It has been amended over 200 times, with the latest amendment being added in 2025. The constitution establishes the rights and personal freedoms of the people, as well as the responsibilities and limitations of the government. It also permits the use of eminent domain, collective bargaining, the New York State Lottery, parimutuel betting on horse racing, and up to seven commercial casinos.
In addition to the four constitutions, New York has held eight constitutional conventions (1801, 1821, 1846, 1867, 1894, 1915, 1938, and 1967). The efforts of two of these conventions were rejected by the New York State electorate. However, portions of the 1915 convention's proposals were adopted separately in 1925 and 1927. The 1938 convention did not propose an entirely new constitution but instead modified the 1894 constitution.
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The Constitution of 1894
The State of New York has adopted four constitutions: in 1777, 1821, 1846, and 1894. The Constitution of 1894, revised in 1938 and amended over 200 times, remains in place today.
Article XIX of the Constitution of 1894 provides for two methods of amending the Constitution: a proposal by the legislature or a proposal by a constitutional convention. Both methods require approval by the voters.
The 1938 Convention proposed changes (57 amendments in all) to the Constitution of 1894, which were bundled into nine questions for the voters; only six questions of amendments were approved. The approved changes included authorizing the State Legislature to enact a Social Security program and providing funding to eliminate railroad crossings.
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State constitutions vs. the national constitution
The United States Constitution, also known as "the supreme Law of the Land", outlines the structure of the national government and dictates the scope and limitations of its powers. Each of the 50 states in the US also has its own constitution, and therefore its own body of constitutional law. While state constitutions serve functions parallel to the national constitution, there are several differences between the two.
State constitutions resemble the federal Constitution in that they outline the state government's structure of legislative, executive, and judicial branches, as well as contain a bill of rights. However, state constitutions tend to be much longer and more detailed than the federal Constitution. They often address topics unique to the state. For example, the New York State Constitution permits the use of eminent domain, collective bargaining, the New York State Lottery, parimutuel betting on horse racing, and up to seven commercial casinos.
State constitutions also focus more on limiting rather than granting power since their general authority has already been established. They are more open to amendments than the federal constitution, which can only be amended through a lengthy process. For instance, the constitution of Massachusetts has been amended 120 times, while the federal Constitution has only been amended 17 times since the adoption of the Bill of Rights in 1791.
State constitutions can also differ from each other. For example, 27 state constitutions have some version of a Free Elections Clause mandating that elections be "free", "equal", or "open", which has no federal counterpart. Some state constitutions also explicitly protect both the civil service and public employee unions.
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 Constitution of 1894, revised in 1938 and amended over 200 times, remains in place today.
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The First Constitution of 1777
New York has adopted four constitutions—in 1777, 1821, 1846, and 1894—and held eight constitutional conventions. The First Constitution of 1777, which replaced the Colonial Charter with its royal authority, was framed by a convention that assembled at White Plains, New York, on July 10, 1776. The convention was forced to adjourn and change locations multiple times due to the increasingly desperate war situation with the British, who occupied five counties in the state and New York City itself from 1776 to 1783. Despite these challenges, the work of creating a democratic and independent state constitution continued through the winter.
The New York State Archives holds a manuscript draft of the first state constitution, containing numerous strikeouts, additions, and corrections. Constitutional scholars have noted that the document's provisions for a strong executive and institutional checks and balances foreshadowed and influenced the thought process that produced the federal Constitution in 1787. The first census under the 1777 constitution was taken in 1790.
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The rights and responsibilities outlined in the constitution
The State of New York has adopted four constitutions—in 1777, 1821, 1846, and 1894—and held eight constitutional conventions. The Constitution of 1894, revised in 1938 and amended over 200 times, is still in place today.
The Constitution of New York 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 the Constitution of the United States. Some of the rights outlined in the New York Constitution include freedom of speech, a trial by jury, freedom of worship, habeas corpus, and security against unreasonable searches and seizures. The constitution also permits the use of eminent domain, collective bargaining, the New York State Lottery, parimutuel betting on horse racing, and up to seven commercial casinos.
A 2021 amendment to the New York Constitution noted that residents of the state are entitled to "clean air and water, and a healthful environment." This amendment further underscores the government's responsibility to protect the environment and ensure that residents have access to basic necessities like clean air and water.
The New York Constitution also describes the rights and requirements involved in voting. For example, Article VII of the constitution outlines the requirements for enfranchisement, stating that any male inhabitant of full age who has resided in one of the counties of the state for six months before an election is entitled to vote for that county's representatives in the assembly. The constitution also specifies the property ownership or rental requirements that qualify an individual for voting rights.
In addition to these rights and responsibilities, the New York Constitution also addresses the management and funding of canal lands and operations. It states that the legislature must authorize the sale or disposal of canal lands that are no longer useful for navigation and that the revenue generated from canal lands or usage must be allocated to a special fund for canal-related projects.
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Frequently asked questions
There are four New York State constitutions: 1777, 1821, 1846, and 1894. The current constitution, adopted in 1894, has been amended over 200 times.
The first New York Constitution was adopted by the Convention of Representatives of the State of New York on April 20, 1777.
The state legislature can propose a constitutional convention at any time, subject to approval by the voters. The question of whether to hold a convention must also be submitted to the electorate every 20 years.
