Eleanor Finch
The New York State Constitution establishes the structure of the government of the State of New York and outlines the basic rights of its citizens. The current constitution has been amended over 207 times since its adoption in 1777, with the most recent amendment taking place on January 1, 2025. Amendments to the New York State Constitution can be proposed through two methods: a legislatively referred constitutional amendment or a convention-referred constitutional amendment. The process involves majority votes, consideration by the New York State Attorney General, and potential approval by the voters. The state has held several constitutional conventions and commissions throughout its history to review and revise its governing document.
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What You'll Learn
The process of amending the constitution
The New York State Constitution, first adopted in 1777, has been amended over 207 times. The process of amending the constitution is a careful, multi-step procedure designed to ensure broad legislative support and public involvement. There are two methods to amend the constitution:
Constitutional Convention
The first method involves a constitutional convention, followed by voter approval or rejection of any amendments approved by the convention's delegates. This is a three-part process spanning three election cycles:
- At a general election, voters either approve or reject holding a convention.
- If the voters approve holding a convention, delegates to that convention are chosen in the following year's general election.
- Any changes or additions to the Constitution made by the delegates are then submitted for voter approval or rejection in the third year of the process at a general election.
Proposal and Approval of Amendment
The second method involves proposing and approving an amendment in two consecutive sessions of the Legislature. Here is a step-by-step breakdown of this process:
- A proposed amendment is introduced by legislative sponsors in both the New York State Senate and the New York State Assembly ("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 how the amendment will impact the state constitution within 20 days.
- If the proposed amendment is approved by the committees in both the Senate and Assembly, it moves to the floor of each house.
- The proposed amendment is then debated and voted on by members of the Senate and Assembly. If both houses approve the amendment, this is referred to as the "first passage."
- After the first passage, the proposed amendment is presented to the Legislature during the next regular legislative session, ensuring that any amendment receives careful consideration by the newly elected legislature.
- The second vote on the amendment can take place either one or two years after the first passage, depending on when the election occurs.
- 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.
- The proposed constitutional 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 New York State Constitution, typically taking effect on January 1 of the following year.
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The role of the governor
The Governor of New York is the supreme executive power and authority of the State. The position of governor dates back to the British takeover of New Amsterdam, when it replaced the former Dutch offices of director or director-general.
The governor is directly elected every four years in even-numbered years when there is no presidential election. They must be a United States citizen and a resident of New York for the five years preceding their election.
The governor acts as commander-in-chief of the State's military and naval forces and directs the legislature with an annual message concerning the condition of the State. They can recommend action to the legislature and approve or veto actions proposed by the legislature. The governor can also convene extraordinary sessions of the legislature or the senate when necessary.
Constitutional amendments in 1925 and 1927 significantly consolidated administrative offices and expanded the power of the executive office. The 1925 amendment reduced the number of elective officials to four: governor, lieutenant governor, comptroller, and attorney general. It also provided for the consolidation of all administrative agencies into no more than 20 State departments. The governor was authorized to establish, consolidate, or abolish additional executive department divisions and bureaus.
Amendments in 1874 increased the term of office to three years, allowed the governor to veto individual items in appropriation bills, and provided that extraordinary sessions of the legislature could only consider matters recommended by the governor. In 1937, a constitutional amendment increased the governor's term of office to four years.
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State and local finances
The New York State Constitution has been amended over 207 times since its adoption, with the most recent amendment taking place on January 1, 2025. It establishes the structure and functions of the state government and outlines the basic rights of New York citizens.
Article VII of the New York State Constitution is dedicated to "State Finances" and consists of 19 sections. On the other hand, Article VIII, "Local Finances," comprises 12 sections. While the specific provisions within these articles are not publicly available, their titles suggest that they outline the financial management and responsibilities of the state and local governments in New York.
The New York Constitution's provisions tend to be more detailed and amended more frequently than the federal constitution. This is partly because New York, like many other states, holds constitutional conventions to propose changes and amendments. These conventions have played a significant role in shaping the state's finances and governance over time.
The state's finances are also influenced by other articles within the constitution. For example, Article XVI, "Taxation," and Article XVII, "Social Welfare," likely contain provisions related to revenue generation and expenditure. Similarly, Article XI, "Education," and Article XII, "Defense," involve significant financial considerations for the state.
While the New York Constitution does not require the governor's signature to refer an amendment to the ballot, a simple majority vote is necessary during two successive legislative sessions for the New York State Legislature to place a constitutional amendment up for a vote. This process allows for direct voter participation in shaping the state's finances and other critical areas of governance.
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Civil rights and freedoms
The New York State Constitution establishes the structure of the government of the State of New York and enumerates the basic rights of its citizens. The Constitution of New York consists of a preamble and 20 articles. It was last amended on January 1, 2025, to include the Equal Rights Amendment (ERA).
The ERA expands New Yorkers' civil rights and prohibits discrimination in civil rights based on sex, sexual orientation, gender, gender identity, and other classifications. The amendment clarifies that Article I, § 11 of the New York State Constitution does not invalidate or prevent any future law, program, or practice from preventing or dismantling discrimination. It also does not infringe on the free exercise of religion under Article I, § 3 of the New York State Constitution.
Prior to the ERA, the New York State Constitution only protected against discrimination based on race, color, creed, and religion. The ERA expands these protections to include "race, color, ethnicity, national origin, age, disability, creed, religion, or sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy."
In addition to the ERA, the New York State Constitution includes other provisions that protect civil rights and freedoms. These include freedom of speech, the right to 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.
Amending the New York State Constitution is a rigorous process. Any repeal of the protections enshrined in the ERA would require the proposal to be approved twice by the legislature and by a majority of the voting public. This process helps to ensure that the civil rights and freedoms of New Yorkers are protected and upheld.
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History of amendments
The State of New York has held nine Constitutional Conventions: in 1776–1777, 1801, 1821, 1846, 1867–1868, 1894, 1915, 1938, and 1967. The state has had four de novo constitutions in its history, adopted in 1777, 1821, 1846, and 1894. The first constitution was adopted on April 20, 1777, by the Convention of Representatives of the State of New York.
The original constitution had no provisions for how to amend it, so in 1801 the legislature passed a law titled "An Act Recommending a Convention" to consider how to interpret a specific section of the constitution. The constitution was amended in 1821 after the legislature passed a bill authorizing the holding of a convention with unlimited powers. The people voted in favor of the convention in April 1821, and the amended constitution was ratified by popular vote in January 1822.
In 1867, a convention was held, but all amendments proposed by the convention were rejected except for the judicial article. As a result of this convention, the New York Court of Appeals was reorganized. The term length for judges was extended from 8 to 14 years, and rotative renewal was abolished.
The constitution was amended again in 1938, and this version remains the central governing document of the state today. Since 1996, 20 additional amendments have been adopted, and voters last approved a new amendment on November 5, 2024. The New York Constitution was last amended on January 1, 2025, and now includes provisions for clean air, water, and a healthful environment.
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Frequently asked questions
The current New York Constitution has been amended over 207 times. Since 1996, 20 constitutional amendments have been adopted. The constitution was last amended on January 1, 2025.
A simple majority vote is required during two successive legislative sessions for an amendment to be placed on the ballot. This amounts to a minimum of 126 votes in the New York State Assembly and 32 votes in the New York State Senate. Amendments do not require the governor's signature to be referred to the ballot. Following its proposal, the amendment must be referred to the New York State Attorney General. Within 20 days, the Attorney General must issue an opinion to the Legislature on the effect of the amendment. Upon receiving the opinion, or if no opinion is received within 20 days, both houses of the Legislature may consider the proposal. If adopted by a majority of members of both houses, the proposed amendment must be presented a second time to the Legislature during the next regular legislative session.
One example is a proposed amendment to Article I, Section 11, of the New York State Constitution, which aimed to expand the prohibition of discrimination based on "race, color, creed or religion" to include "sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy.". Another amendment, in 2021, noted that residents of the state are entitled to "clean air and water, and a healthful environment.".
