Isabella Carter
The Constitution of the State of New York was first adopted on April 20, 1777, at the Ulster County Courthouse in Kingston, New York. Since then, the state has held eight more constitutional conventions and adopted four essentially new constitutions in 1777, 1821, 1846, and 1894. The constitution establishes the structure of the state government and enumerates the basic rights of New York citizens.
| Characteristics | Values |
|---|---|
| Date written | 20th of April 1777 |
| Location | Ulster County Courthouse, Kingston |
| First constitution adopted by | Convention of Representatives of the State of New York |
| Number of constitutions | 5 |
| Number of amendments to the 1894 constitution | Over 200 |
| Number of constitutional conventions | 9 |
| Number of de novo constitutions | 4 |
| Date of last amendment | 1st of January 2025 |
| Number of articles | 20 |
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What You'll Learn
- New York's first constitution was adopted in 1777
- The constitution has been amended several times since 1938
- The Council of Revision had significant oversight powers
- The constitution was drafted at the Ulster County Courthouse
- The constitution establishes the structure of the government of the State of New York
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. The constitution was drafted and adopted at the Ulster County Courthouse in Kingston, which served as the meeting place for New York's newly organised State Senate. The courthouse was later burned down by the British in October of the same year.
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 constitution required voters to own real property but also instituted the secret ballot at elections.
The document established the basic framework of state government and protected the rights of individuals. It included provisions such as freedom of speech, freedom of worship, habeas corpus, and security against unreasonable searches and seizures. The constitution also outlined the legislative process, requiring all bills passed by the legislature to be submitted to a council for review. This council, known as the Council of Revision, held significant oversight powers and could veto legislation by returning it to the legislature with written objections. However, the legislature could override the council's veto with a two-thirds majority in both houses.
New York's first constitution 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 while being able to go further in protecting certain individual rights and the environment. Since the adoption of the first constitution in 1777, New York has held several constitutional conventions and adopted subsequent constitutions in 1821, 1846, and 1894. The constitution of 1894, revised in 1938, remains in force today with various amendments.
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The constitution has been amended several times since 1938
The State of New York has held nine Constitutional Conventions since 1776, with the first New York Constitution being adopted by the Convention of Representatives of the State of New York on April 20, 1777. The eighth Constitutional Convention of 1938 modified the 1894 Constitution, which is still in force today. The 1938 Convention proposed 57 amendments, with only six questions of amendments being approved by voters. The approved changes included the authorization of the State Legislature to enact a Social Security program and provide funding to eliminate railroad crossings. New York City was also excluded from debt limits to finance a public rapid transport system, and an amendment was set out regarding the rights of public works projects workers.
The New York Constitution can be amended through legislatively referred constitutional amendments or through constitutional conventions. A simple majority vote is required during two successive legislative sessions for the New York State Legislature to place a constitutional amendment on the ballot. Interestingly, amendments do not require the governor's signature to be referred to the ballot. The constitution was last amended on January 1, 2025, and voters approved a new amendment on November 5, 2024, to include sexual orientation, gender identity, and abortion protections within the New York State Constitution.
The New York Constitution has been amended over 207 times, with 20 constitutional amendments being adopted since 1996. The constitution establishes the structure of the government of the State of New York and outlines the basic rights of its citizens. It consists of a preamble and 20 articles, with Article I being the "Bill of Rights" and Article II being "Suffrage".
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The Council of Revision had significant oversight powers
The first Constitution of the State of New York was adopted on April 20, 1777, by the Convention of Representatives of the State of New York. The constitution established the structure of the government of the State of New York and enumerated the basic rights of the citizens of New York.
The Council of Revision was a powerful legal body under the provisions of the 1777 Constitution of the U.S. State of New York. It was composed of the governor, the chancellor, and the justices of the supreme court—or any two of them. The governor presided over the council, only casting a vote in the case of a tie. The council held significant oversight powers, requiring all bills passed by the legislature to be submitted for review. The council could veto any legislation it deemed improper by returning it to the legislature with written objections. However, the council's veto was not absolute, as the legislature could override the council's objections with a two-thirds majority in both houses.
During its existence, the Council of Revision reviewed 6,590 bills, vetoing 128, of which 17 were enacted despite their objections. The Council's influence extended beyond New York, serving as a model for aspects of James Madison's Virginia Plan, introduced at the U.S. Constitutional Convention in 1787. The Virginia Plan proposed a similar council for the federal government, composed of the national executive (the president) and members of the judiciary, to review and veto legislation passed by Congress.
The Council of Revision's significant oversight powers were a response to the fear that the majority-directed legislature would overpower the decision-making and oversight abilities of the executive and judiciary. This concern was expressed by Virginia delegate James Madison, who proposed the creation of a body capable of reining in any laws put out by the House and Senate. Despite its influence, the Council of Revision was abolished by the New York State Constitutional Convention of 1821, transferring the power of veto to the governor alone.
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The constitution was drafted at the Ulster County Courthouse
The first New York Constitution was drafted at the Ulster County Courthouse in Kingston, New York, on April 20, 1777. The courthouse was the meeting place of the Fourth Provincial Congress, which was New York's only government at the time. The constitution was conservative in nature, continuing colonial laws and courts, but it also contained some innovative features. For example, it limited the powers of the governor, established a two-house legislature, and balanced power among the three branches of state government. It also required that voters own real property and instituted the secret ballot at elections.
The constitution declared that the supreme legislative power of the state would be vested in two bodies: the Assembly of the State of New York and the Senate of the State of New York. These two bodies would form the legislature and meet at least once a year. The constitution also established a council, which held significant oversight powers. All bills passed by the legislature were required to be submitted to the council for review, and the council could veto legislation by returning it to the legislature with written objections. However, the legislature could override the council's veto with a two-thirds majority in both houses.
The adoption of the first New York Constitution established Kingston as a hotbed of revolution in British eyes, and they attacked the city in October of the same year. The New York Constitution of 1777 was the first of four essentially de novo constitutions in the state's history, with the others being adopted in 1821, 1846, and 1894. The state has held nine Constitutional Conventions, with the most recent one being in 1967, and the constitution has been amended numerous times since its original adoption.
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The constitution establishes the structure of the government of the State of New York
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 its citizens. The first New York Constitution was adopted by the Convention of Representatives of the State of New York on April 20, 1777, at the Ulster County Courthouse in Kingston. This convention declared that the supreme legislative power within the state shall be vested in two separate bodies: the assembly of the State of New York and the senate of the State of New York, together forming the legislature. The constitution also established a system of checks and balances, with a council holding significant oversight powers over the legislature. The council, composed of the governor, chancellor, and judges of the supreme court, reviewed all bills passed by the legislature and could veto any improper legislation.
The 1777 Constitution 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. It required voters to own real property but also instituted the secret ballot at elections. The document also declared that no member of the state shall be deprived of the rights or privileges secured by the constitution without due process.
Since 1777, New York has adopted three more constitutions, in 1821, 1846, and 1894, and held nine Constitutional Conventions. The current constitution, adopted in 1894, has been amended over 200 times, most recently on January 1, 2025. The state legislature can propose a constitutional convention at any time, subject to voter approval. The constitution of New York, like those of other states, tends to be more detailed and amended more often than the US Constitution. It includes provisions similar to those in the US Constitution, such as freedom of speech, freedom of worship, and security against unreasonable searches and seizures. However, it also goes beyond the US Constitution in certain areas, such as protecting the environment and ensuring clean air and water for residents.
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Frequently asked questions
The first Constitution of New York was written in the old Senate House in Kingston, Ulster County, New York.
The first Constitution of New York was written and adopted on April 20, 1777.
New York has held nine Constitutional Conventions and adopted four de novo constitutions in its history, in 1777, 1821, 1846, and 1894.
The Constitution of 1894, revised in 1938, is the current constitution of New York and has been amended over 200 times.
