Isabella Carter
The New York State Constitution was first written and adopted in 1777, soon after New York declared independence from Great Britain. The constitution has been amended several times since its creation, with the most recent amendment taking place on January 1, 2025. The New York Constitution establishes the structure of the state government and outlines the basic rights of its citizens. Amendments to the constitution can be made through legislatively referred constitutional amendments or through constitutional conventions, with the latter being a unique feature among state constitutions.
| Characteristics | Values |
|---|---|
| First Constitution | Adopted on April 20, 1777 |
| Second Constitution | Adopted in 1821 |
| Third Constitution | Adopted in 1846 |
| Fourth Constitution | Adopted in 1894 |
| Fifth Constitution | Adopted in 1938 |
| Number of Amendments | Over 207 times |
| Last Amendment | January 1, 2025 |
| Number of Articles | 20 |
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What You'll Learn
New York's first constitution was adopted in 1777
New York's first constitution was adopted on April 20, 1777, by the Convention of Representatives of the State of New York. This occurred soon after New York's Fourth Provincial Congress declared New York independent of Great Britain in 1776. The constitution was adopted at the Ulster County Courthouse in Kingston, which served as the meeting place for New York's newly organized State Senate. The British burned down this courthouse in October of the same year, viewing Kingston as a hotbed of revolution.
The constitution of 1777 was a conservative document with some innovative features. It continued colonial laws and courts but limited the governor's powers and established a two-house legislature, balancing power among the three branches of state government. It required voters to own real property but also instituted the secret ballot at elections.
Since the original constitution did not outline a process for its amendment, the legislature passed a law titled "An Act Recommending a Convention" in 1801 to address this issue. This led to the state's second constitution, which was adopted in 1821. Subsequent constitutions were adopted in 1846, 1894, and 1938, with the 1894 version serving as the basis for the present constitution.
The New York Constitution has been amended numerous times, with over 207 amendments made since its inception. The most recent amendment occurred on January 1, 2025, affirming the residents' right to "clean air and water and a healthful environment." The constitution can be amended through legislatively referred constitutional amendments or constitutional conventions, with both methods requiring voter approval.
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The constitution has been amended over 200 times
The New York State Constitution has been amended over 200 times since its inception in 1777. The first New York Constitution was adopted by the Convention of Representatives of the State of New York on April 20, 1777. This was a significant step towards establishing the state's independence from Great Britain, which had been declared by New York's Fourth Provincial Congress in 1776. The 1777 Constitution was a conservative document that continued colonial laws and courts, but it also introduced some innovative features. For instance, it limited the powers of the governor, established a two-house legislature, and balanced power among the three branches of state government.
However, as the state of New York evolved, it became necessary to update the constitution to reflect the changing needs and values of its citizens. The second constitution was adopted in 1821, followed by subsequent versions in 1846, 1894, and 1938. Each new constitution addressed the issues and concerns of its time, ensuring that the foundation of New York's governance remained relevant and responsive to the people it served.
The process of amending the constitution is outlined in Article XIX of the New York Constitution, which provides for two methods of amendment: a proposal by the legislature or a proposal by a constitutional convention. Both methods require approval by the voters, ensuring that any changes to the constitution are made with the consent of the governed. This democratic process allows for a direct say in how their state is governed and their rights are protected.
The amendments to the New York Constitution have covered a wide range of topics and issues. For example, the 1821 constitution, which was accepted with 74,732 votes for and 41,402 against, led to the reorganization of the New York Court of Appeals. It changed the composition of the court from eight judges to one Chief Judge and six Associate Judges, all elected statewide. Additionally, the term of office for these judges and the Justices of the New York Supreme Court was extended from 8 to 14 years.
The most recent amendment to the New York Constitution occurred on January 1, 2025. This amendment affirmed the residents' right to "clean air and water and a healthful environment." This demonstrates how the constitution continues to be a living document, adapting to the needs and priorities of New Yorkers in the 21st century.
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Amendments can be proposed by the legislature or constitutional convention
The New York State Constitution has been amended over 200 times since 1777. The original constitution was silent on how it could be amended, so in 1801, the legislature passed a law titled "An Act Recommending a Convention" to address this issue. Since then, amendments have been proposed through two methods: by the legislature or by a constitutional convention.
The New York Constitution provides for these two methods of proposing amendments in Article XIX, which consists of three sections. The first method, a proposal by the legislature, involves the New York State Legislature placing a constitutional amendment on the ballot with a simple majority vote during two successive legislative sessions. This requires a minimum of 126 votes in the New York State Assembly and 32 votes in the New York State Senate. Notably, amendments proposed through this method do not require the governor's signature to be referred to the ballot. These proposed amendments, also known as legislative methods, carry bill numbers and can be easily located using bill-locating tools.
The second method is a proposal by a constitutional convention. New York is one of 14 states that provides for an automatic constitutional convention question on the state's ballot every 20 years, with the first appearance in 1957. The constitutional convention method allows for amendments to be proposed by a convention of representatives, as seen in the state's first constitution, which was adopted by the Convention of Representatives of the State of New York on April 20, 1777.
Both methods of proposing amendments require approval by the voters. For instance, the 1821 constitution, amended by a convention, was put before the voters for ratification as a whole between January 15 and 17, 1822, and was accepted with 74,732 votes in favour and 41,402 against. The most recent amendment to the New York Constitution occurred on January 1, 2025, with voters approving a new amendment on November 5, 2024.
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The constitution establishes the structure of the government
The Constitution of the State of New York 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 by the Convention of Representatives of the State of New York on April 20, 1777. This constitution continued colonial laws and courts, but it also limited the powers of the governor, established a two-house legislature, and balanced power among the three branches of state government. It required that voters own real property but also instituted the secret ballot at elections.
The current New York Constitution has been amended over 207 times. The constitution can be amended through legislatively referred constitutional amendments or through constitutional conventions. The constitution amended in 1938 by a constitutional convention remains the central governing document of the state.
New York 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 essentially de novo constitutions in its history, those of 1777 (replacing the former colonial charter), 1821, 1846, and 1894. The changes in the 1867-1868 convention included the reorganization of the New York Court of Appeals, with a new composition of one Chief Judge and six Associate Judges, all elected statewide. The term of office for these judges and the Justices of the New York Supreme Court was also extended from 8 to 14 years.
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. A 2021 amendment noted that residents of the state are entitled to "clean air and water, and a healthful environment."
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The constitution outlines basic rights and freedoms of citizens
The Constitution of the State of New York establishes the structure of the government of the State of New York and outlines the basic rights and freedoms of its citizens. The first New York Constitution was adopted by the Convention of Representatives of the State of New York on April 20, 1777. This was soon after New York's Fourth Provincial Congress declared New York independent of Great Britain in 1776. The constitution of 1777 was a conservative document with some innovative features. It continued the colonial laws and courts but limited the powers of the governor, established a two-house legislature, and balanced power among the three branches of state government.
The current New York Constitution has been amended over 207 times since 1938. The constitution can be amended through legislatively referred constitutional amendments or through constitutional conventions. The state has held nine Constitutional Conventions: in 1776–1777, 1801, 1821, 1846, 1867–1868, 1894, 1915, 1938, and 1967. Despite this, the state has had only four essentially de novo constitutions in its history, those of 1777 (replacing the former colonial charter), 1821, 1846, and 1894. The constitution was last amended on January 1, 2025.
The New York Constitution consists of a preamble and 20 articles. Many of the provisions in this article are similar to those in the Constitution of the United States. Some provisions included are freedom of speech, a trial by jury, freedom of worship, habeas corpus, and security against unreasonable search and seizure. This article 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.
A 2021 amendment noted that residents of the state are entitled to "clean air and water, and a healthful environment." This amendment highlights the dynamic nature of the New York Constitution, which has evolved over time to reflect the changing needs and priorities of its citizens.
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Frequently asked questions
The first New York State Constitution was written in 1777, soon after New York declared independence from Great Britain in 1776.
The current New York State Constitution has been amended over 207 times. The most recent amendment was on January 1, 2025.
The NYS Constitution can be amended through legislatively referred constitutional amendments or through constitutional conventions. Amendments do not require the governor's signature to be referred to the ballot.
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