Simone Lawson
The New York State Constitution was first adopted on April 20, 1777, by the Fourth Provincial Congress, New York's only government at the time. The constitution was a combination document, with its own Declaration of Independence from Great Britain and its Constitutional Law. It established a weak bicameral legislature (Assembly and State Senate) and a strong executive branch with a governor. The document retained provisions from the Colonial Charter, such as substantial property qualifications for voting and the ability of the Governor to prorogue (dismiss) the Legislature. Since its first constitution, New York has held eight constitutional conventions and adopted four constitutions in 1777, 1821, 1846, and 1894. The current constitution has been amended over 207 times, with the most recent amendment being approved by voters on November 5, 2024.
| Characteristics | Values |
|---|---|
| Date of the first NYS Constitution | April 20, 1777 |
| Date of the current NYS Constitution | 1894 |
| Date of the last amendment to the NYS Constitution | January 1, 2025 |
| Number of NYS Constitutional Conventions | 9 |
| Number of NYS Constitutions | 4 |
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What You'll Learn
- New York's first constitution was adopted on April 20, 1777
- The constitution was a combination document with a Declaration of Independence
- It limited the governor's powers, established a two-house legislature, and balanced power
- The constitution has been amended over 207 times
- New York has held eight constitutional conventions
New York's first constitution was adopted on April 20, 1777
The constitution of 1777 was a combination document, containing a "Declaration of Independence" from Great Britain and its Constitutional Law. It called for a weak bicameral legislature, consisting of an Assembly and a State Senate, and a strong executive branch led by a governor. The constitution limited the powers of the governor, balanced power among the three branches of state government, and continued the colonial laws and courts.
One of the notable features of the 1777 constitution was its approach to voting rights and electoral processes. It retained the substantial property qualification for voting, requiring voters to own real property. However, it also introduced the secret ballot at elections, marking a significant innovation. Additionally, the constitution addressed the naturalization of aliens, continuing the practice introduced by the colonial general assembly in 1717 until the adoption of the Federal Constitution in 1789.
The first constitution of New York played a crucial role in shaping the state's governance and political landscape. It outlined the structure and powers of the state government, including the roles of the legislature and the executive branch. The constitution also established the foundation for future democratic processes and civil rights within the state.
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The constitution was a combination document with a Declaration of Independence
The New York State Constitution was first adopted on April 20, 1777, by the Fourth New York Provincial Congress, which had resolved itself as the Convention of Representatives of the State of New York. This constitution was a combination document, serving as both a Declaration of Independence from Great Britain and a Constitutional Law.
The Declaration of Independence asserted New York's independence from the British Crown and dissolved all political connections with Great Britain. It established the State of New York as a free and independent state, with the power to levy war, make peace, establish commerce, and conduct other affairs as an independent entity.
The Constitutional Law component of the document established the structure of the New York state government, with a weak bicameral legislature consisting of an Assembly and a State Senate, and a strong executive branch led by a governor. This power imbalance maintained elite control and disenfranchised most male New York citizens. The constitution also retained provisions from the Colonial Charter, such as substantial property qualifications for voting and the governor's ability to prorogue (dismiss) the legislature.
The 1777 Constitution was drafted by John Jay, Robert R. Livingston, and Gouverneur Morris, who later helped write the U.S. Constitution. It replaced the former Colonial Charter, which had been established under the authority of the Monarch of the Kingdom of England and, later, Great Britain. The new constitution outlined the rights and responsibilities of citizens and the limitations of the government, setting the foundation for a democratic and independent New York state.
Since its adoption in 1777, the New York State Constitution has undergone several amendments and revisions. The state has held nine Constitutional Conventions, resulting in four de novo constitutions in 1777, 1821, 1846, and 1894. The current constitution, adopted in 1894, has been substantially modified, most recently in 1938, with the addition of protections for sexual orientation, gender identity, and abortion rights.
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It limited the governor's powers, established a two-house legislature, and balanced power
The New York State Constitution, one of the oldest in the United States, has its roots in the late 18th century. It was first drafted and adopted in 1777, just a year after the Declaration of Independence, and has since been revised and amended multiple times. The constitution played a pivotal role in shaping New York's governance, notably in limiting the governor's powers, establishing a bicameral legislature, and creating a system of balanced powers.
At the time of its writing, the constitution aimed to curtail the governor's authority and prevent the concentration of power in a single individual. To achieve this, it outlined a set of checks and balances, ensuring that the legislative and executive branches could keep each other in check. For instance, while the governor was given the power to appoint judicial officers and veto legislation, the legislature was empowered to override these decisions under certain circumstances.
The creation of a two-house legislature was another key feature of this power-balancing act. The New York State Senate, with its longer terms and smaller size, was designed to provide stability and continuity, while the directly elected Assembly represented the people more directly and responded to their immediate needs. This bicameral system ensured that legislation would be thoroughly considered and that the interests of all citizens, regardless of geographic location or social standing, would be taken into account.
Furthermore, the constitution also established a system of home rule, which granted local governments a degree of autonomy and authority over their own affairs. This not only ensured that decisions affecting local communities were made at the local level but also further distributed power away from the state's central authorities, including the governor. Over time, amendments and revisions have been made to the constitution to adapt to changing circumstances and the evolving needs of New Yorkers, but the foundational principles of limited executive power, a bicameral legislature, and balanced powers remain integral to New York's system of governance.
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The constitution has been amended over 207 times
The New York State Constitution was first adopted on April 20, 1777, by the Fourth New York Provincial Congress, which was acting as the Convention of Representatives of the State of New York. This was the first of four de novo constitutions in the state's history, with the others being ratified in 1821, 1846, and 1894.
The New York State Constitution has been amended over 207 times, with the most recent amendment occurring on January 1, 2025. The state has held nine Constitutional Conventions, during which the constitution has been modified and updated. The most recent convention was held in 1967.
The process of amending the constitution involves proposing and ratifying changes. Amendments can be proposed by the U.S. Congress or by a national convention called by Congress in response to requests from two-thirds of the state legislatures. To become part of the Constitution, an amendment must be ratified by three-quarters of the states, typically within seven years of being proposed.
The New York Constitution's provisions tend to be more detailed and amended more frequently than the federal constitution. This has resulted in differences in interpretation by the New York Court of Appeals and the United States Supreme Court.
The Constitutional Convention of 1938 is a notable example of the amendment process. Unlike previous conventions, it did not propose an entirely new constitution but instead made substantial modifications to the existing 1894 Constitution. This convention is also known for its Poletti Reports, which provide valuable insights into the state's constitutional history.
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New York has held eight constitutional conventions
The 1821 constitution was the second in the state's history. This constitution was more progressive than its predecessor, abolishing slavery and making several other changes. The third constitution was adopted in 1846. This constitution made further changes to the state's government, including the expansion of suffrage to free African American males. The fourth and current constitution was adopted in 1894. This constitution made further expansions to suffrage, including the removal of racial and religious restrictions on voting.
The fifth constitutional convention was held in 1915. This convention proposed several changes to the state's government, some of which were adopted in 1925 and 1927. The sixth convention was held in 1938 and proposed substantial modifications to the 1894 Constitution, which was still in force. The seventh convention was held in 1967 and proposed several changes to the state's government, including the creation of a new executive branch and the expansion of suffrage to 18-year-olds. The most recent constitutional convention was held in 1938. This convention did not propose an entirely new constitution but made substantial modifications to the 1894 Constitution.
The New York State Constitution has been amended over 207 times since its original adoption. These amendments have covered a wide range of topics, including individual rights, civil rights, and the powers of the state government. The most recent amendment was made on January 1, 2025.
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Frequently asked questions
The first NYS Constitution was written on April 20, 1777.
The NYS Constitution was written at the Ulster County Courthouse in Kingston.
The first NYS Constitution was a combination document, containing its own "Declaration of Independence" from Great Britain, and its Constitutional Law. It called for a weak bicameral legislature (Assembly and State Senate) and a strong executive branch with a governor.
The first NYS Constitution also retained provisions from the Colonial Charter, such as the substantial property qualification for voting and the ability of the Governor to prorogue (dismiss) the Legislature.
There have been four NYS Constitutions (1777, 1821, 1846, and 1894).
