Simone Lawson
New York's first state constitution, drafted in 1777, preceded and influenced the development of the United States Constitution. It established a tradition of dual constitutionalism, with state constitutions serving functions parallel to the national constitution, such as establishing the basic framework of state government and protecting the rights of individuals. New York has adopted four constitutions (in 1777, 1821, 1846, and 1894) and held several constitutional conventions, with the current constitution being the 1894 version, which has been revised and amended numerous times.
| Characteristics | Values |
|---|---|
| Date of the first state constitution | 20 April 1777 |
| Date of the current constitution | 1894/1938 |
| Number of constitutions adopted | 4 or 5 |
| Number of constitutional conventions held | 8 or 9 |
| Number of amendments | 200+ |
| Number of articles in the current constitution | 20 |
| Provisions | Strong executive, institutional checks and balances, basic framework of state government, and protection of individual rights |
| Redistribution of appointment power | Yes |
| Veto power | Given to the governor |
| Suffrage | Restricted to male inhabitants who have resided in the state for 6 months prior to the election and meet certain property qualifications |
| Legislative process | Bills passed by the legislature must be submitted to the council for review |
| Legislative override of council veto | Requires a two-thirds majority in both houses |
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What You'll Learn
The first New York Constitution
New York's first state constitution, drafted in 1777, was a conservative document with some innovative features. It was a combination document, containing its own "Declaration of Independence" from Great Britain, and its Constitutional Law. It was drafted by John Jay, Robert R. Livingston, and Gouverneur Morris, who would all go on to help write the U.S. Constitution. The constitution was not submitted to the people for ratification because of the war situation.
The constitution established that the supreme legislative power within the state would be vested in two separate and distinct bodies: the assembly of the State of New York and the senate of the State of New York, who together would form the legislature and meet at least once a year. It also established that the senate of the State of New York would consist of 24 freeholders, chosen by the freeholders of the state.
New York has adopted four constitutions (in 1777, 1821, 1846, and 1894) and held several constitutional conventions. The Constitution of 1894, revised in 1938 and amended over 200 times, remains in place today.
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The US Constitution
New York's first constitution, also known as the First Constitution of the State of New York, played a significant role in shaping the development of the United States Constitution. It established the basic framework of state government and the rights of individuals, serving a function parallel to the national constitution. The provisions in New York's constitution for a strong executive and institutional checks and balances are believed to have influenced the federal Constitution. Additionally, the Council of Revision established by New York's constitution served as a model for aspects of James Madison's Virginia Plan, which was introduced at the Constitutional Convention in 1787.
New York has had four constitutions in its history, adopted in 1777, 1821, 1846, and 1894, with the current constitution being the one from 1894, as amended. The state has held several constitutional conventions to propose new documents or amendments, with the most recent major amendments being the inclusion of protections for sexual orientation, gender identity, and abortion in 2024.
In summary, New York's first state constitution had a significant influence on the development of the US Constitution. The ideas and frameworks established in New York's constitutional traditions shaped the structure and principles of the national government outlined in the US Constitution.
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The Council of Revision
New York's first state constitution, established in 1777, influenced the development of the United States Constitution. It established a tradition of dual constitutionalism, with state constitutions serving functions parallel to the national constitution. New York has adopted four constitutions—in 1777, 1821, 1846, and 1894—and held several constitutional conventions.
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The 1894 Constitution
New York's first state constitution, drafted in 1777, preceded and influenced the development of the United States Constitution. It established a tradition of dual constitutionalism, with state constitutions functioning alongside the national constitution to establish the basic framework of state government and protect the rights of individuals.
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Dual constitutionalism
New York's first state constitution, drafted in 1777, preceded and influenced the development of the United States Constitution. This established a tradition of dual constitutionalism, where state constitutions exist alongside the national constitution, each serving to establish the basic framework of government and protect the rights of individuals.
The first New York Constitution was drafted by John Jay, Robert R. Livingston, and Gouverneur Morris, who would all go on to help write the U.S. Constitution. This document contained its own "`Declaration of Independence" from Great Britain, as well as its Constitutional Law. It was not submitted for popular ratification due to the ongoing war, but it was adopted with only one dissenting vote.
The New York State Archives holds a manuscript draft of this first constitution, containing numerous strikeouts, additions, and corrections. The document's provisions for a strong executive and institutional checks and balances are thought to have influenced the thought process that produced the federal Constitution in 1787.
New York has adopted four constitutions (in 1777, 1821, 1846, and 1894) and held nine constitutional conventions (in 1801, 1821, 1846, 1867, 1894, 1915, 1938, and 1967, and 2024). The Constitution of 1894, revised in 1938, remains in place today, having been amended over 200 times.
The New York Constitution establishes the structure of the state government and enumerates the basic rights of its citizens. Like most state constitutions, it tends to be more detailed and amended more often than the U.S. Constitution. This has led to differences in interpretation between the New York Court of Appeals and the U.S. Supreme Court.
The New York Constitution goes further than the U.S. Constitution in certain areas, such as protecting individual rights and the environment. For example, a 2021 amendment states that residents are entitled to "clean air and water, and a healthful environment." The state constitution also permits the use of eminent domain, collective bargaining, the New York State Lottery, and betting on horse racing, and it allows for up to seven commercial casinos.
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Frequently asked questions
The United States Constitution was heavily influenced by New York's first state constitution, which was drafted in 1777.
New York's first constitution established a stable government after the turmoil of the American Revolution. It also served as a model for aspects of James Madison's Virginia Plan, which was introduced at the Constitutional Convention in 1787.
New York has had four essentially de novo constitutions in its history, adopted in 1777, 1821, 1846, and 1894. The current constitution is the 1894 version, which has been amended numerous times.
New York's first constitution established a supreme legislative power vested in two separate bodies: the assembly of the State of New York and the senate of the State of New York. It also included provisions for a strong executive and institutional checks and balances, as well as protections for the rights of citizens.
