Omar Bennett
The New York State Constitution is a lengthy document that outlines the state's framework for governance, encompassing the powers, structure, and limitations of the state government, as well as civil rights and other matters. Since its inception in 1777, New York has adopted four constitutions, with the current version established in 1894 and revised in 1938. This article will delve into the intricacies of the New York State Constitution, exploring its history, key provisions, and impact on the state's legal landscape. We will also examine the amendments that have been made over time and the processes by which they were implemented.
| Characteristics | Values |
|---|---|
| Number of pages | 2623-2741 |
| Number of articles | 20 |
| Number of sections in Article I | 18 |
| Number of sections in Article II | 9 |
| Number of sections in Article III | 25 |
| Number of amendments | Over 207 |
| Number of constitutional conventions | 8 |
| Number of state constitutions | 4 |
| First constitution adopted | 1777 |
| Current constitution adopted | 1894 |
| Current constitution revised | 1938 |
| Constitution effective date | January 1, 1939 |
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What You'll Learn
The NYS Constitution's history
The New York Constitution is the state constitution of New York. The current New York Constitution, which has been amended over 207 times, was adopted in 1894 and revised in 1938 by a constitutional convention. 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 first New York Constitution was adopted by the Convention of Representatives of the State of New York on April 20, 1777. This was drafted by John Jay, Robert R. Livingston, and Gouverneur Morris, who would subsequently help write the U.S. Constitution. The 1777 Constitution was a combination document, containing its own "Declaration of Independence" from Great Britain, and its Constitutional Law.
The second New York Constitution was adopted in 1821. Slavery was legal in New York until 1827. The 1821 Constitution retained provisions from the Colonial Charter, such as the substantial property qualification for voting and the ability of the Governor to prorogue (dismiss) the Legislature. This imbalance of power between the branches of state government kept the elite firmly in control and disenfranchised the majority of the male New York population.
The third New York Constitution was adopted in 1846. The delegates convened at Albany on June 1, 1846, and adjourned on October 9. The new Constitution was put before the voters at the next state election in November and was adopted.
The fourth and current New York Constitution was adopted in 1894. This Constitution was amended in 1938 and remains the central governing document of the state. The Constitution established in 1894 required the voters to vote on the necessity of a subsequent constitutional convention in 1936. The amendments made in 1938 included the addition of a Bill of Rights and provisions for Suffrage and the Legislature. The constitution came into effect on January 1, 1939.
The New York Constitution establishes the structure of the government of the State of New York and enumerates the basic rights of the citizens of New York. Many of the provisions in this article are similar to those in the Constitution of the United States. Some provisions included are freedom of speech, a trial by jury, freedom of worship, habeas corpus, and security against unreasonable search and seizures.
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Amendments and revisions
The New York Constitution, also known as the New York State Constitution, is the state constitution of New York. It 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 current New York Constitution was adopted in 1894 and has been amended over 207 times since then, with 20 constitutional amendments adopted since 1996. The constitution was last revised in 1938 by a constitutional convention, and voters approved a new amendment as recently as November 5, 2024.
The New York Constitution can be amended through legislatively referred constitutional amendments or through constitutional conventions. A legislatively referred constitutional amendment begins with the introduction of a proposed amendment by legislative sponsors in both the New York State Senate and the New York State Assembly. These legislative bodies are commonly referred to as "houses." After introduction, the proposed amendment is assigned a bill number and sent to the appropriate committees within each house for initial reviews. The Attorney General must also review the bill and provide a legal opinion on its impact on the state constitution within 20 days. If the proposed amendment passes both houses, it is referred to as the first passage. After the first passage, the amendment is presented to the Legislature during the next regular legislative session. This extra step ensures careful consideration by the newly elected legislature. Depending on the timing of the election, the second vote on the amendment can take place one or two years after the first passage. Once both houses of the Legislature pass the amendment during the second legislative session, the proposed amendment is placed on the ballot for approval by New York voters. If the majority of voters approve, the amendment is officially adopted and typically takes effect on January 1 of the following year.
A constitutional convention is another method for amending the New York Constitution. According to Article XIX, a question about holding a state constitutional convention automatically appears on the state's ballot every 20 years, starting in 1957. New York is one of 14 states that provide for an automatic constitutional convention question. The last constitutional convention took place in 1967, and the next one is scheduled for 2027.
The process of amending the New York State Constitution is carefully designed to ensure broad legislative support and public involvement. One notable example is the Forever Wild Clause (Article XIV), added during the 1894 Constitutional Convention. This clause protects the Forest Preserve, maintaining state-owned lands in the Adirondacks and Catskills as untouched forest lands. Any significant changes or projects on these lands require an amendment to Article XIV, ensuring that projects like infrastructure development receive formal approval through the constitutional amendment process.
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Rights and freedoms
The New York State Constitution, first adopted in 1777, has been amended over 207 times and revised in 1938. It is the fundamental document outlining the state's framework for governance, including the powers, structure, and limitations of the state government, as well as individual and civil rights.
Article I of the New York State Constitution is entitled "Bill of Rights" and consists of 18 sections, three of which have been repealed. This article establishes the rights and personal freedoms of the people of New York State, including:
- Freedom of speech and press, with protections against criminal prosecutions for libel (Section 8).
- The right to assemble and petition, with provisions related to divorce, lotteries, and gambling (Section 9).
- Freedom of worship.
- Habeas corpus.
- Security against unreasonable searches and seizures.
- The right to a trial by jury.
- The right to organize and bargain collectively (Section 17).
The New York State Constitution also permits the use of eminent domain, collective bargaining, the state lottery, and parimutuel betting on horse racing. A notable amendment in 2021 stated that residents of the state are entitled to "clean air and water and a healthful environment."
The constitution also describes the rights and requirements involved in voting. Historically, this has been a contentious issue, with Peter Augustus Jay, one of the delegates at the 1846 convention, arguing passionately for extending the right to vote to free African Americans.
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Structure and limitations
The New York Constitution is the state constitution of New York and 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 current New York Constitution was adopted in 1894 and revised in 1938, and it remains the central governing document of the state. New York has had four state constitutions (1777, 1821, 1846, and 1894) and has held eight constitutional conventions. The constitution has been amended over 207 times, including a 2021 amendment that guarantees residents "clean air and water and a healthful environment."
The New York Constitution is structured with a preamble and 20 articles. The preamble establishes the rights and personal freedoms of the people of New York State and sets out 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, including freedom of speech, freedom of worship, and security against unreasonable searches and seizures.
Article I of the New York Constitution is entitled "Bill of Rights" and consists of 18 sections, three of which have been repealed. This article establishes the rights and requirements involved in voting. Article II is entitled "Suffrage" and consists of nine sections. Article III is entitled "Legislature" and consists of 25 sections.
The New York Constitution also includes provisions related to the state's canal system. For example, Article XX describes the day that the constitution will take effect (January 1, 1939) and outlines the responsibilities of the legislature regarding the funding and maintenance of the canals. It also specifies that any revenue from canal lands or usage must go into a special revenue fund dedicated to canal-related projects.
The New York Constitution can be amended through two methods: a proposal by the legislature or a proposal by a constitutional convention. Both methods require approval by the voters. The Historical Society of the Courts of New York maintains a record of votes cast for and against proposed constitutional conventions and amendments from 1821 to 1987.
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Voting and requirements
The New York Constitution, first adopted in 1777, has been amended over 207 times and revised in 1938. The constitution 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 right to vote in New York includes voting for candidates and questions on the ballot, and having sufficient time to vote. Voters are guaranteed secrecy in voting, and freedom from coercion or intimidation by election officers or any other person. Once registered to vote, an individual remains qualified to vote from any address within their county or city.
The state ensures non-discriminatory equal access to the election system for all voters, including the elderly, disabled, alternative language minorities, military personnel, and overseas citizens. Voters who are blind, disabled, or unable to read or write may request assistance. Before voting, individuals can view a sample ballot and request help in understanding how to mark and/or cast their ballot.
All elections by citizens are to be by ballot, or another method prescribed by law, as long as secrecy in voting is preserved. The legislature provides for the identification of voters through their signatures in cases where personal registration is required. This also applies to all persons voting in person by ballot or voting machine, whether or not they registered in person, except in cases of illiteracy or physical disability.
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Frequently asked questions
The New York State Constitution spans 119 pages in print.
The New York State Constitution is the state constitution of New York. It establishes the rights and personal freedoms of the people, as well as the responsibilities and limitations of the government.
The current New York Constitution has 20 articles.
