Isabella Carter
The New York State Constitution establishes the structure of the government of the State of New York and enumerates the basic rights of the citizens of New York. The first New York Constitution was adopted in 1777, and since then, the state's constitution has been rewritten four times, in 1821, 1846, 1894, and 1938. The current constitution is from 1938 and was modified by amendments to the 1894 Constitution. Over the years, various sections of the New York Constitution have been repealed or amended, including provisions related to tenants' rights, the Court of Chancery, suffrage, and more.
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What You'll Learn
- The NYS Constitution has been rewritten four times
- The NYS Constitution establishes the structure of the government
- The NYS Constitution enumerates the basic rights of citizens
- The NYS Constitution is amended more often than its federal counterpart
- The NYS Constitution has had nine Constitutional Conventions
The NYS Constitution has been rewritten four times
The State of New York has held nine Constitutional Conventions since 1776, but its constitution has been rewritten only four times in its history. The NYS Constitution has been amended more often than its federal counterpart.
The first Constitution of New York was adopted in 1777, replacing the Colonial Charter with its royal authority. It was drafted after New York's Fourth Provincial Congress declared independence from Great Britain in 1776. The British occupied the city of New York from 1776 until 1783, and the work of creating an independent state continued through the winter of 1776. The 1777 Constitution declared the possibility of reconciliation with Britain, and the need for a new New York government to preserve internal peace, virtue, and good order.
The second version of the NYS Constitution was written in 1821. This version had several flaws, including the disenfranchisement of free African American men, who were required to own at least $250 worth of property to vote. It also did not grant women the right to vote. However, it set the stage for significant social and political change, as the state's economy shifted from agriculture to industry, and immigrants arrived from around the world.
The third version of the NYS Constitution was written in 1846 and included several changes. Notably, the Court of Chancery, the Court for the Correction of Errors, and the New York State Circuit Courts were abolished, and jurisdiction was moved to the New York Supreme Court. The Attorney General, Secretary of State, Comptroller, Treasurer, and State Engineer offices became elected officials, rather than appointed cabinet offices.
The fourth and current version of the NYS Constitution was written in 1894 and modified in 1938. Unlike the previous conventions, the eighth Constitutional Convention of 1938 did not propose an entirely new constitution but made substantial modifications to the 1894 version.
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The NYS Constitution establishes the structure of the government
The New York State Constitution establishes the structure and organisation of the government of the State of New York and enumerates the basic rights of the citizens of New York. It consists of a preamble and 20 articles, the first of which is entitled "Bill of Rights" and consists of 18 sections, three of which have been repealed.
The New York Constitution was first adopted in 1777, and since then, it has been rewritten four times, in 1821, 1846, 1894, and 1938. The current constitution is from 1938 and is a modified version of the 1894 Constitution. The constitution was last amended on January 1, 2025.
The New York Constitution is more detailed and amended more frequently than its federal counterpart. It establishes the rights and personal freedoms of the people and outlines the responsibilities and limitations of the government. The constitution also covers a range of topics, including suffrage, the legislature, the executive branch, officers and civil departments, corporations, education, defence, public officers, conservation, canals, taxation, social welfare, housing, and amendments.
The New York Constitution has provisions that are interpreted differently from the federal constitution. For example, the New York Court of Appeals interprets analogous provisions differently from the United States Supreme Court's interpretation of federal provisions. The New York Constitution also provides for emergency powers, granting the legislature the power to enact measures to ensure government continuity in the event of an emergency caused by an enemy attack or natural disaster.
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The NYS Constitution enumerates the basic rights of citizens
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. It was first drafted in 1776, after New York's Fourth Provincial Congress declared independence from Great Britain. It was formally adopted in 1777, and has since been rewritten three more times, in 1821, 1846, and 1894. The current NYS Constitution is from 1938, which was not a rewrite but a modification of the 1894 Constitution.
The NYS Constitution has been amended more frequently than its federal counterpart. The state has held nine Constitutional Conventions, in 1776–1777, 1801, 1821, 1846, 1867–1868, 1894, 1915, 1938, and 1967; a Constitutional Commission in 1872–1873; and a Judicial Convention in 1921. Despite this, the state has had only four de novo constitutions in its history.
The 1821 NYS Constitution had several flaws. It did not grant women the right to vote and effectively disenfranchised free African American men by requiring them to own at least $250 worth of property to vote. However, it set the stage for significant social and political change. The 1846 rewrite of the NYS Constitution brought about several notable changes, including the abolishment of the Court of Chancery, the Court for the Correction of Errors, and the New York State Circuit Courts. Jurisdiction was moved to the New York Supreme Court, and appellate jurisdiction to the New York Court of Appeals.
The NYS Constitution has provisions that deal with emergency powers. Section 25 grants the legislature the power to enact measures to ensure the continuity of government in the event of an emergency caused by "enemy attack or by disasters (natural or otherwise)". It also abolishes prison labour contracts and prohibits an individual from simultaneously holding a civil or military position and serving as a state or local legislator.
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The NYS Constitution is amended more often than its federal counterpart
The New York State Constitution establishes the structure of the government of the State of New York and enumerates the basic rights of the citizens of New York. The first New York Constitution was adopted in 1777, and since then, the state's constitution has been rewritten four times, including in 1821, 1846, 1894, and 1938. The current NYS Constitution is from 1938, which was modified by amendments to the 1894 Constitution. The state has held nine Constitutional Conventions, a Constitutional Commission in 1872-1873, and a Judicial Convention in 1921.
The 1846 rewrite of the NYS Constitution brought about several changes, including the abolishment of the Court of Chancery, the Court for the Correction of Errors, and the New York State Circuit Courts. Jurisdiction was then transferred to the New York Supreme Court, and appellate jurisdiction to the New York Court of Appeals. The 1846 Constitution also transformed the Attorney General, Secretary of State, Comptroller, Treasurer, and State Engineer offices from appointed cabinet offices to elected officials.
The 1938 Constitutional Convention did not propose an entirely new Constitution but instead modified the 1894 Constitution. The most recent amendment to the NYS Constitution occurred on January 1, 2025. This amendment included provisions for tenants' rights, the abolition of feudal tenures, and the outlawing of leases exceeding twelve years. Additionally, the Court of Chancery and the Court for the Correction of Errors were abolished, and jurisdiction was transferred to the New York Supreme Court and the New York Court of Appeals, respectively.
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The NYS Constitution has had nine Constitutional Conventions
The State of New York has held nine Constitutional Conventions, with four de novo constitutions in its history. The Constitutional Conventions were held in 1776–1777, 1801, 1821, 1846, 1867–1868, 1894, 1915, 1938, and 1967. The four de novo constitutions were adopted in 1777, 1821, 1846, and 1894.
The 1801 convention was convened to resolve differences in the interpretation of §23 of the 1777 Constitution, which concerned the Council of Appointment. The convention resulted in a reorganisation of the state legislature and a confirmation of the powers of the Council of Appointment. The 1821 convention resulted in the first submission of a new constitution for approval by the state's electorate. This new constitution included a bill of rights and removed property qualifications for white male voters, while expanding property qualifications for African Americans.
The 1938 convention did not adopt a new constitution but proposed 57 amendments to the 1894 Constitution, with nine questions bundled for the voters, and six approved. The approved amendments addressed labor rights, housing, social welfare, civil liberties, and equal protection under the law. The 1967 convention's proposals were all rejected by voters.
The state legislature can propose a constitutional convention at any time, subject to approval by the electorate. Additionally, the question of whether to hold a convention is mandated to be submitted to the electorate every 20 years, starting in 1957.
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Frequently asked questions
The New York State Constitution establishes the structure of the government of the State of New York and enumerates the basic rights of the citizens of New York.
The NYS Constitution has been rewritten four times, in 1777, 1821, 1846, and 1894. The current NYS Constitution is from 1938, which modified the 1894 version through amendments.
The 1846 rewrite of the NYS Constitution abolished the Court of Chancery, the Court for the Correction of Errors, and the New York State Circuit Courts. Jurisdiction was moved to the New York Supreme Court, and appellate jurisdiction to the New York Court of Appeals.
The NYS Constitution establishes the rights and personal freedoms of the people, as well as the responsibilities and limitations of the government. It also includes provisions for tenants' rights, abolishing feudal tenures, and outlawing leases lasting longer than twelve years.
