Eleanor Finch
The New York State Constitution has a long and complex history, with several conventions and amendments over the years. The First Constitution of 1777, which replaced the Colonial Charter, was framed by a Convention that assembled at White Plains, New York, on July 10, 1776. John Jay is noted as the original author/contributor of the 1777 Constitution. The Constitutional Convention of 1821, 1846, 1915, 1938, and 1967 also played significant roles in shaping the constitution. The 1938 Convention, for example, proposed 57 amendments to the 1894 Constitution, with only six questions of amendments approved by voters. The NYS Constitutional Convention Reports of 1938, known as the Poletti Reports, provide valuable insights into the constitutional history of New York.
| Characteristics | Values |
|---|---|
| Year of the First Constitution | 1777 |
| Author/contributor of the First Constitution | John Jay |
| Number of senators | 32 |
| Number of assembly members | 100, with provision for an increase to 150 |
| Date the constitution took effect | January 1, 1939 |
| Number of delegates to the Eighth Constitutional Convention of 1938 | 168 |
| Chair of the Eighth Constitutional Convention of 1938 | Frederick E. Crane |
| Number of volumes in the Poletti Report | 12 |
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What You'll Learn
The First Constitution of 1777
The first Constitution of New York State was adopted on April 20, 1777, by the Fourth Provincial Congress, also known as the Convention of Representatives of the State of New York. The constitution was drafted by John Jay, along with Robert R. Livingston, the new Chancellor of the State of New York, and Gouverneur Morris, who would later help write the U.S. Constitution. The convention assembled at White Plains, New York, on July 10, 1776, and, after several changes of location, concluded its work at Kingston on the evening of April 20, 1777, when the constitution was adopted with just one dissenting vote. It was not submitted to the people for ratification due to the ongoing war with Britain.
The 1777 Constitution 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 for elections.
One notable innovation of the 1777 Constitution was the creation of the Council of Revision, a body with the power to review and potentially veto legislation passed by the state's bicameral legislature. The Council was composed of the governor, the chancellor, and the justices of the Supreme Court, reflecting a blend of executive and judicial authority. The governor presided over the council and held the deciding vote in the case of a tie. 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 1777 Constitution also included provisions for the naturalization of foreign-born persons settling in the state of New York. These individuals were required to take an oath of allegiance to the state and renounce all allegiance to any foreign powers or entities.
The first constitution of New York replaced the former colonial charter and established a framework for the newly independent "State of New York." It reflected the ongoing struggle for independence from Great Britain, as the convention that drafted it was located in Kingston, which was considered a hotbed of revolution by the British, who attacked and burned the meeting place later that year.
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The Constitutional Convention of 1938
The New York State Constitutional Convention of 1938, also known as the Eighth Constitutional Convention, was held amid challenging economic and political developments. The world was experiencing an economic downturn, with unemployment in the United States rising to around 20%. Additionally, the number of democracies worldwide had declined to pre-World War I levels, and Fascism and Communism were attracting millions of followers. Recognising these global challenges, the convention's chair, Chief Judge Frederick E. Crane, emphasised the need to reaffirm traditional political values such as freedom of speech and freedom of religion.
The 1938 convention played a unique role in New York's constitutional history. While it did not adopt a new constitution, it proposed significant changes to the continuing Constitution of 1894. These changes included 57 amendments, bundled into nine questions for voters, out of which six amendment questions were approved. The approved changes included authorising the State Legislature to enact a Social Security program and fixing the number of senators at 32, with a provision for a possible increase to 150 based on census results.
The convention was attended by 168 delegates, including notable figures such as former Governor and presidential candidate Alfred E. Smith, U.S. Representative Hamilton Fish III, U.S. Senator Robert F. Wagner, and Robert Moses, who played a significant role in New York's infrastructure as the head of the Triborough Bridge Authority. Governor Herbert Lehman appointed Charles Poletti to lead a committee that produced a comprehensive twelve-volume report, known as the "Poletti Report", for the convention.
The New York Constitutional Convention Amendment, also known as Proposed Amendment No. 1, was on the ballot in New York on November 8, 1938, and was approved by the voters. This amendment was submitted by the 1938 Constitutional Convention, demonstrating the direct impact of the convention on shaping the state's constitutional framework.
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John Jay, author of the 1777 Constitution
John Jay, the author of the 1777 Constitution, was born on December 23, 1745, and passed away on May 17, 1829. He was an American statesman, diplomat, and Founding Father of the United States. Jay was born into a wealthy family of merchants and New York City government officials of French Huguenot and Dutch descent. He was educated in Rye by his mother until the age of eight, after which he studied under an Anglican priest in New Rochelle. At 14, Jay enrolled at King's College (later Columbia College) in New York City.
Jay was a proponent of a strong, centralized government. He played a role in ratifying the United States Constitution in New York in 1788 and co-authored The Federalist Papers with Alexander Hamilton and James Madison. He wrote five of the eighty-five essays included in the Papers. After the establishment of the new federal government, George Washington appointed Jay as the first Chief Justice of the United States, a position he held from 1789 to 1795. During his tenure, he negotiated the controversial Jay Treaty with Britain in 1794.
Jay also served as the governor of New York from 1795 to 1801. Notably, he passed gradual emancipation legislation during his governorship, despite owning five slaves himself as late as 1800. Prior to his role as governor, Jay was a member of the Continental Congress from 1774 to 1776 and again from 1778 to 1779. During the intervening period, he was a delegate to the New York Convention of 1776-77, where he played a pivotal role as one of the principal drafters of the New York State Constitution of 1777.
The 1777 Constitution, also known as the First Constitution, was a significant document for the newly independent "State of New York." It replaced the Colonial Charter with its royal authority and established a democratic and free independent state. The work on this Constitution was challenging due to the ongoing war with Britain, which resulted in repeated adjournments and changes of location for the Convention. Despite these obstacles, Jay and his colleagues persevered, and the final Constitution was approved on April 20, 1777.
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The Poletti Report
The Eighth Constitutional Convention of 1938 was attended by 168 delegates, including Alfred E. Smith, Hamilton Fish III, Robert F. Wagner, and Robert Moses. Chaired by Frederick E. Crane, the Chief Judge of the State Court of Appeals, the convention did not adopt a new constitution but proposed 57 amendments to the Constitution of 1894. Ultimately, only six questions of amendments were approved, including authorizing the State Legislature to enact a Social Security program.
In conclusion, the Poletti Report is a significant contribution to New York's constitutional history, providing a detailed record of the considerations and proposals presented during the 1938 Constitutional Convention. It serves as a testament to the state's dedication to a thoughtful and deliberate process of constitutional amendment, involving a diverse range of delegates and experts.
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Constitutional Convention of 1967
The New York State Constitution has a long and complex history, with several conventions held over the years to revise and update the document. The Constitutional Convention of 1967 was a significant gathering in this ongoing story of democratic development.
The 1967 Convention was held in Albany from April 4 to September 26, 1967. It was a significant event as it was the last State Constitutional Convention held in New York to date. The proposed constitution, crafted over those months, was then submitted to the voters of New York State on November 7, 1967, at a general election. Unfortunately, all of the proposals put forward by the convention were rejected by the people.
This convention was part of a long tradition of constitutional gatherings in New York, dating back to the state's earliest days. The First Constitution of 1777, which established the "State of New York," was framed by a convention that assembled in the face of British occupation during the Revolutionary War. This convention, which experienced repeated adjournments and changes of location due to the war, resulted in a constitution that included notable innovations. For instance, it established voting rights for male inhabitants of full age who had resided in the state for six months prior to the election.
Over the subsequent centuries, New York continued to hold constitutional conventions to amend and update its governing document. In 1821, for example, a convention was called due to a power struggle between Governor DeWitt Clinton and the Bucktails faction of the Democratic-Republican Party. This convention aimed to transfer powers from the executive to the legislative branch. Later, in 1915, the seventh New York State Constitutional Convention was held, once again in Albany. And in 1938, the Eighth Constitutional Convention, chaired by Frederick E. Crane, proposed 57 amendments to the continuing Constitution of 1894, of which six questions of amendments were approved by voters.
The 1967 Convention was the latest in this series of gatherings aimed at shaping and refining New York's constitution. While its proposals were ultimately rejected, it stands as a reminder of the dynamic and evolving nature of constitutional governance in the state.
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Frequently asked questions
John Jay is the original author/contributor of the 1777 NYS Constitution.
The NYS Constitution was formed on April 20, 1777.
The NYS Constitution was created to establish a democratic and free independent state.
The 1777 NYS Constitution established a legislative branch consisting of an assembly and a senate, with the right of nomination vested in the governor. It also addressed voting rights, census guidelines, and relations with the Indians within the state.
Yes, there have been several amendments to the NYS Constitution over time. One notable example is the changes proposed during the 1938 Constitutional Convention, which resulted in 57 amendments bundled into nine questions for voters, out of which six questions of amendments were approved.
