Simone Lawson
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 Constitution of 1894, revised in 1938 and amended over 200 times, remains in place today. Under New York's constitution, every 20 years, voters get the opportunity to decide if they wish to overhaul or amend their state constitution. The last time New Yorkers voted against calling a constitutional convention was in 2017. Governor Hochul, the current governor of New York, has signed the Climate Change Superfund Act into law, making New York the second state in the nation to hold Big Oil companies accountable for costs resulting from climate change.
| Characteristics | Values |
|---|---|
| Number of Constitutions adopted | 4 (1777, 1821, 1846, 1894) |
| Number of Constitutional Conventions held | 8 (1801, 1821, 1846, 1867, 1894, 1915, 1938, 1967) |
| Current Constitution | Adopted in 1894, revised in 1938 |
| Number of Amendments | Over 207 |
| Last Amendment | November 5, 2024 |
| Number of Articles | 20 |
| Frequency of ballot question on holding a convention | Every 20 years since 1957 |
| Governor | Kathy Hochul |
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What You'll Learn
New York has adopted four constitutions
The second constitution was adopted in 1821. This was approved by a wide margin and included a bill of rights. It removed property qualifications for white male voters, expanded property qualifications for African Americans, redistributed appointment power, and placed veto power in the hands of the governor.
The third constitution was adopted in 1846. This abolished all remnants of feudal land ownership, extended constitutional protection to local governments, and reorganized the judiciary. Provisions for tenants' rights were added, abolishing feudal tenures and outlawing leases lasting longer than twelve years.
The fourth constitution was drafted in 1894 and remains in place today, although it has been amended over 200 times. This constitution reorganized the state's appellate court system and created the Appellate Division of the Supreme Court. It also stipulated that the state forest preserve be kept "forever wild", erected a merit-based civil service system, and introduced measures aimed at reducing electoral fraud.
New York has held eight constitutional conventions, in 1801, 1821, 1846, 1867, 1894, 1915, 1938, and 1967. The convention in 1938 did not propose an entirely new constitution, but substantially modified the 1894 constitution.
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The Council of Revision
The idea for the Council of Revision was first proposed at the Constitutional Convention by James Madison and the other Virginia delegates. Madison envisioned a body that would review the work of Congress and exercise a qualified veto over congressional acts with which it disagreed. This proposal was influenced by the Council of Revision of New York and was included in Madison's Virginia Plan, introduced at the Constitutional Convention in 1787. However, Madison's proposal for a national Council of Revision was ultimately rejected at the convention.
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The Constitutional Convention of 1801
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 Constitutional Convention of 1801 was not convened to propose a new constitution. Instead, it was formed to resolve differences in interpretation of §23 of the 1777 Constitution, which provided for a Council of Appointment.
Governor John Jay sent a message to the lower chamber (New York State Assembly) on February 26, 1801, and the same message to the upper chamber (New York State Senate) on February 27, 1801, regarding the Council of Appointment. In his message, he recited the differences that had existed between the Council and the Governor during his own term and that of his predecessor, Governor George Clinton. Governor Jay claimed that, under the Constitution, the Governor had the exclusive right of nomination, but some members of the Council of Appointment claimed a concurrent right of nomination.
On April 6, 1801, the legislature passed a law titled "An Act Recommending a Convention" to consider the question of the interpretation of §23 of the Constitution and the part of the Constitution relating to the number of members of both the Senate and the Assembly. The Senate was originally composed of 24 members, and the Assembly of 70 members, with provision for an increase in each chamber at stated periods until a maximum of 100 senators and 300 members of the assembly was reached. The election of the delegates took place in August, and the Convention met in Albany on the second Tuesday in October. It ended two weeks later.
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The Constitutional Convention of 1821
New York has adopted four constitutions: in 1777, 1821, 1846, and 1894. The state has also held eight constitutional conventions, in 1801, 1821, 1846, 1867, 1894, 1915, 1938, and 1967. The Constitutional Convention of 1821 resulted in the first submission of a new constitution for approval by the state's electorate. The new constitution was approved by a wide margin and included a bill of rights. It removed property qualifications for white male voters, yet expanded property qualifications for African Americans. The document redistributed appointment power and placed veto power in the hands of the governor. It also established a formal mechanism for amending the state constitution. The State Archives hold the engrossed copy of the 1821 constitution and a roll of delegates to the convention.
The 1821 convention resulted in the drafting of what would become the second constitution of the State of New York, following voter approval by a margin of 2.5 to 1. The 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 Massachusetts Constitutional Convention of 1820–1821 met to consider amendments to the Constitution of Massachusetts. It resulted in the adoption of the first nine amendments, while several other proposals were rejected. Modernization and demographic changes put a severe strain on the system set up in the 1780 constitution. New England was the epicentre of the American Industrial Revolution, and urbanization in mill towns and coastal ports led to cities several times larger than ever seen before in Massachusetts. Apportionment of the General Court was one of the biggest issues leading to calls for a convention. Under the old constitution, all towns in Massachusetts were entitled to a representative, with the most populous towns entitled to a few extra representatives. The growth of larger urban towns like Boston caused greater disproportionality within this system, and the continual increase in the number of towns in the western part of the state meant the legislature had reached a large size.
The Constitutional Convention presented fourteen articles for the people's consideration. It changed the constitutional support of public worship and the appointment of public teachers to include all Christian denominations, not just Protestant. It provided that all church taxes raised in the State could go to the denomination of one's choosing, instead of only to the Congregational Church. It also provided that no person may be imprisoned or brought to trial without an indictment by a Grand Jury. Finally, it moved the start of the political year from the first Wednesday of May to the first Wednesday of January, with all elected officials starting their yearly term on that date in January.
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The Constitutional Convention of 1846
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 Constitutional Convention of 1846 resulted in the drafting of the third state constitution, which was approved by voters by a margin of 2.5 to 1. The third 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 1846 convention was held in response to petitions from voters in twenty-four counties in 1844, requesting legislation that would allow them to vote on the question of calling a Constitutional Convention. The legislature passed such an act on May 13, 1845, and the voters approved the Constitutional Convention at the polls in November of that year. The delegates to the convention produced a major reorganization of the judiciary article of the constitution. Other issues debated at the convention included land tenure, suffrage, liquidation of canal debts, limiting state debts, state aid to private enterprise, corporations, and banking. The proposed constitution retained only eleven sections from the 1821 Constitution and was submitted to the voters for approval in November 1846.
The struggle for ratification of the 1846 constitution continued until 1847, as documented in "The convention of 1846, and The struggle for ratification, 1846–1847," edited by Milo M. Quaife and published by the State Historical Society of Wisconsin.
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Frequently asked questions
Every 20 years, New York voters can decide if they want to revise their state constitution.
New York has adopted four constitutions: in 1777, 1821, 1846, and 1894.
New York has held eight constitutional conventions: in 1801, 1821, 1846, 1867, 1894, 1915, 1938, and 1967.
