Simone Lawson
The New York State Constitution can be amended in two ways: through a constitutional convention or by proposal and approval of an amendment in two consecutive sessions of the Legislature. The process of amending the constitution is a careful, multi-step procedure designed to ensure broad legislative support and public involvement. Amendments to the constitution may be proposed by the Legislature at any time and, if adopted, referred to the next regular legislative session for consideration and passage. Proposed amendments must be approved by New York voters during a general election before they can become part of the Constitution.
| Characteristics | Values |
|---|---|
| Number of methods to amend the constitution | 2 |
| First method | Proposal by the Legislature |
| Second method | Proposal by a constitutional convention |
| Requirements for both methods | Approval by voters |
| When can voters approve a constitutional convention? | Every 20 years |
| Legislative method | Proposed amendments carry bill numbers and can be located using bill-locating tools |
| Constitutional convention method | Proposed amendments are printed in publications where session laws are printed |
| Attorney General's role | To review the bill and provide a legal opinion regarding how the amendment will impact the state constitution within 20 days |
| Public involvement | The process of amending the New York State Constitution is designed to ensure broad legislative support and public involvement |
Explore related products
$9.99 $9.99
What You'll Learn
Two methods to amend the NYS Constitution
The New York State Constitution provides for two methods to amend it. The first method is through a constitutional convention, where any changes proposed by the convention's delegates must be approved or rejected by the voters. This method can be employed when voters approve the convening of a convention, which occurs once every 20 years.
The second method is through a proposal and approval process in the Legislature. This involves the following steps:
- A proposed amendment is introduced by legislative sponsors in both the New York State Senate and the New York State Assembly (also known as "houses").
- The proposed amendment is assigned a bill number and sent to the appropriate committees within each house for initial reviews.
- The Attorney General must review the bill and provide a legal opinion on its impact on the state constitution within 20 days.
- Upon receiving the opinion or after 20 days without it, both houses of the Legislature may consider the proposal.
- If the amendment is adopted by a majority vote in both houses during the second legislative session, it must be submitted to the voters for approval.
- The proposed amendment is placed on the ballot and presented to voters during a general election.
- If approved by a majority of voters, the amendment becomes part of the Constitution and typically takes effect on January 1 of the following year.
It is important to note that the amendment process in New York is designed to ensure broad legislative support and public involvement, with amendments requiring approval by the people before becoming part of the Constitution.
Amendment Impact: Thirteenth's Legacy on the Constitution
You may want to see also
Legislative proposal of amendments
The New York State Constitution can be amended in two ways, one of which is through a legislative proposal of amendments. Amendments to the Constitution may be proposed by the Legislature at any time. Proposed amendments must carry bill numbers and can be located using bill-locating tools.
The process 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.
Next is the Attorney General Review. The Attorney General must review the bill and provide a legal opinion on how the amendment will impact the state constitution within 20 days. Upon receiving the opinion of the Attorney General, or if no opinion is received within 20 days, both houses of the Legislature may consider the proposal.
Once the amendment is passed in identical form by both houses of the Legislature during the second legislative session, it is placed on the ballot for approval by New York voters. The proposed amendment is typically presented to voters during a general election. If a majority of voters approve the amendment, it becomes part of the New York State Constitution and typically takes effect on January 1 of the following year.
The Second Amendment: Right to Bear Arms
You may want to see also
Constitutional convention
The New York State Constitution can be amended in two ways: through a proposal by the Legislature or a proposal by a constitutional convention. Both methods require approval by the voters.
A constitutional convention is a gathering of delegates who propose changes to the Constitution. In New York, voters have the opportunity to approve the convening of a constitutional convention every 20 years. If a constitutional convention is approved, any amendments proposed by the convention's delegates must be put to a vote and approved by the people before becoming part of the Constitution.
The process of amending the New York State Constitution through a constitutional convention is as follows:
- A proposed amendment is introduced by legislative sponsors in both the New York State Senate and the New York State Assembly (the "houses").
- The proposed amendment is assigned a bill number and sent to the appropriate committees within each house for initial reviews.
- The Attorney General must review the bill and provide a legal opinion on its impact on the state constitution within 20 days.
- Upon receiving the opinion of the Attorney General (or after 20 days if no opinion is received), both houses of the Legislature may consider the proposal.
- If the proposed amendment is adopted by a majority vote in both houses during the second legislative session, it must be submitted to the voters.
- The proposed amendment is placed on the ballot for approval by New York voters, typically during a general election.
- If approved by a majority of voters, the amendment becomes part of the New York State Constitution and typically takes effect on January 1 of the following year.
The New York State Constitution has a long history of amendments through constitutional conventions. One notable example is the addition of the Forever Wild Clause (Article XIV) during the 1894 Constitutional Convention. This clause protects the Forest Preserve, ensuring that state-owned lands in the Adirondacks and Catskills are maintained as untouched wilderness areas.
The 1920 Amendment: Women's Right to Vote
You may want to see also
Explore related products
$35.95 $35.95
Attorney General review
The Attorney General plays a crucial role in the process of amending the New York State Constitution, which can be done in two ways. The first method involves a constitutional convention, while the second method involves the proposal and approval of an amendment in two consecutive sessions of the Legislature.
In the second method, after a proposed amendment is introduced in the New York State Senate and Assembly, it is referred to the Attorney General for review. The Attorney General must provide a legal opinion on how the amendment will impact the State Constitution within 20 days. This opinion is crucial in ensuring the amendment's compatibility with existing constitutional provisions.
The Attorney General's role in this process is significant, as highlighted by a recent court case. In this case, the Legislature adopted an amendment without giving the Attorney General the required time to submit their analysis. The trial court found the amendment "null and void," emphasizing the importance of adhering to the established amendment procedure.
The Attorney General's opinion serves as a check and balance in the amendment process, providing legal expertise and ensuring that any proposed changes align with the State Constitution. This step helps to safeguard the integrity of the Constitution and prevent any potential conflicts or inconsistencies that may arise from amendments.
While the Attorney General's opinion is essential, it is not the sole determining factor in the amendment process. Ultimately, it is up to the Legislature and, ultimately, the voters of New York State to decide whether to approve or reject a proposed amendment. However, the Attorney General's legal perspective helps inform and guide this decision-making process, ensuring a well-considered and constitutionally sound outcome.
The Second Amendment: Right to Keep and Bear Arms
You may want to see also
Voter approval
The New York State Constitution can be amended in two ways, and both methods require voter approval.
The first method is via a constitutional convention. Every 20 years, voters have the opportunity to approve the convening of a convention to propose changes to the Constitution. If approved, any amendments approved by the convention’s delegates are put to a public vote. The proposed amendment is typically presented to voters during a general election. If the majority of voters approve the amendment, it is officially adopted and becomes part of the Constitution.
The second method is via proposal and approval of an amendment in two consecutive sessions of the Legislature. Amendments to the Constitution may be proposed by the Legislature at any time. A proposed amendment is introduced by legislative sponsors in both the New York State Senate and the New York State Assembly. 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 within 20 days. Upon receiving the opinion of the Attorney General, or if no opinion is received within 20 days, both houses of the Legislature may consider the proposal. Once both houses of the Legislature pass the amendment in identical form during the second legislative session, the proposed amendment is placed on the ballot for approval by New York voters. If approved by the voters, the amendment becomes effective on January 1 of the following year.
Understanding the Limits of the Second Amendment
You may want to see also
Frequently asked questions
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.
Any amendment must first be proposed in the state Senate and Assembly.
The proposed amendment is then assigned a bill number and sent to the appropriate committees within each house for initial reviews.
