The Constitution of the State of New York establishes the structure of the government of the

State of New York New York, officially the State of New York, is a state in the Northeastern United States. It is often called New York State to distinguish it from its largest city, New York City. With a total area of , New York is the 27th-largest U.S. state ...

, and enumerates the basic rights of the citizens of New York. Like most state constitutions in the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...

, New York's constitution's provisions tend to be more detailed and amended more often than its federal counterpart. Because the history of the state constitution differs from the federal constitution, the New York Court of Appeals has seen fit to interpret analogous provisions differently from

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

's interpretation of federal provisions. The State of 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. During the 20th century, the State held three constitutional conventions, the efforts of two of which were rejected by the New York State electorate. However, portions of the seventh Convention's proposals of 1915 were adopted separately later in 1925 and 1927. The eighth Constitutional Convention of 1938, unlike all other state constitutional conventions since 1801, did not actually propose an entirely new Constitution, but just substantially modified the 1894 Constitution, from the sixth Convention, which was (and is) still in force.

Current Constitution

New York's constitution consists of a preamble and 20 articles. It was last amended on January 1, 2018.

Preamble

We The People of the State of New York, grateful to Almighty God for our Freedom, in order to secure its blessings, DO ESTABLISH THIS CONSTITUTION.

Article I: Bill of Rights

Article I establishes the rights and personal freedoms of the people, as well as the responsibilities and limitations of the government. Many of the provisions in this article are similar to those in the

Constitution of the United States The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...

. Some provisions included are freedom of speech, a

trial by jury A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions. Jury trials are used in a significan ...

freedom of worship Freedom of religion or religious liberty is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It also includes the freedo ...

habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...

, and security against unreasonable search and seizures.

Article II: Suffrage

Article II describes the rights and requirements involved in voting. All citizens over eighteen are allowed to vote if they have been a resident at least 30 days before the date of an election. Any form of bribery or compensation to compel the giving or withholding of a vote is not allowed. The article also establishes the general operation of absentee ballots, voter registration, and elections.

Article III: Legislature

Article III establishes the powers and limitations of the bicameral

New York State Legislature The New York State Legislature consists of the two houses that act as the state legislature of the U.S. state of New York: The New York State Senate and the New York State Assembly. The Constitution of New York does not designate an officia ...

, which consists of a Senate containing 50 members initially, and an Assembly containing 150 members. Except for Senators elected in 1895 who served three-year terms, every legislative member is elected to two-year terms. The current number of Senators is set by State Law §123, and the number of Senate districts is set at 63 by State Law §124; currently, there are 63 Senate seats. The legislative process, such as the passage of bills, is also described in this article. The article includes rules and processes for drawing legislative districts and making apportionments. The United States Census is used to determine the number of inhabitants; if it is not carried out or fails to provide this information, then the state Legislature has the power to enumerate its inhabitants. Whenever districts must be amended, an "independent redistricting commission" composed of ten members (two appointed by the temporary president of the Senate, two appointed by the Speaker of the Assembly, two appointed by the Senate Minority Leader, two appointed by the Assembly Minority Leader, and two appointed by the eight other appointed members) is created. Drawing of district lines must not violate racial or language minority voting rights. Each district must contain "as nearly as may be an equal number of inhabitants"; if it does not the commission must provide a reason. Additionally, districts must consist of a contiguous territory and be "as compact in form as practicable". Emergency powers are described in Section 25. The legislature is granted the power to enact measures allowing the continuity of government, and "provide for prompt and temporary succession" of public offices if they were to become unavailable in the event of an emergency caused by "enemy attack or by disasters (natural or otherwise)". The final paragraph states: "Nothing in this article shall be construed to limit in any way the power of the state to deal with emergencies arising from any cause".

Article IV: Executive

Article IV states that executive branch powers are vested in the governor and lieutenant governor, who are elected jointly to serve four-year terms. The governor can

veto A veto is a legal power to unilaterally stop an official action. In the most typical case, a president or monarch vetoes a bill to stop it from becoming law. In many countries, veto powers are established in the country's constitution. Veto ...

legislative bills, is the commander-in-chief of the state's military, can convene the legislature "on extraordinary occasions", and has the power to grant pardons for all offenses except treason and impeachment. The

order of succession An order of succession or right of succession is the line of individuals necessitated to hold a high office when it becomes vacated such as head of state or an honour such as a title of nobility.comptroller and

attorney-general In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...

as well as the operation of the civil departments, of which there can be at most 20.

Article VI: Judiciary

Article VI describes the judicial branch, including the

court systems The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...

, the operation of trials, and the conditions for appointing and removing judges and justices. It contains 37 sections, more than any other article.

Article VII: State Finances

Article VIII: Local Finances

Article IX: Local Governments

Article X: Corporations

Article XI: Education

Article XII: Defense

Article XIII: Public Officers

Article XIV: Conservation

Article XV: Canals

Article XVI: Taxation

Article XVII: Social Welfare

Article XVIII: Housing

Article XIX: Amendments to Constitution

Article XX: When to Take Effect

Article XX describes the day that the constitution will take effect, which is January 1, 1939.

Constitution of New York, 1777

The Fourth New York Provincial Congress, resolving itself as the ''Convention of Representatives of the State of New York'', adopted the first constitution of the state of New York on April 20, 1777. The

Province of New York The Province of New York (1664–1776) was a British proprietary colony and later royal colony on the northeast coast of North America. As one of the Middle Colonies, New York achieved independence and worked with the others to found the U ...

was established after the naval invasion and absorption of the previous

Dutch Dutch commonly refers to: * Something of, from, or related to the Netherlands * Dutch people () * Dutch language () Dutch may also refer to: Places * Dutch, West Virginia, a community in the United States * Pennsylvania Dutch Country People E ...

Colony of

New Netherlands New Netherland ( nl, Nieuw Nederland; la, Novum Belgium or ) was a 17th-century colonial province of the Dutch Republic that was located on the east coast of what is now the United States. The claimed territories extended from the Delmarva P ...

. The original proprietor was the Duke of York, the future

James II of England James VII and II (14 October 1633 16 September 1701) was King of England and King of Ireland as James II, and King of Scotland as James VII from the death of his elder brother, Charles II, on 6 February 1685. He was deposed in the Glorious Re ...

and

James VII of Scotland James VII and II (14 October 1633 16 September 1701) was King of England and King of Ireland as James II, and King of Scotland as James VII from the death of his elder brother, Charles II, on 6 February 1685. He was deposed in the Glorious Re ...

and younger brother of the then- King of England, Charles II. Its Colonial Charter was under authority from the

Monarch A monarch is a head of stateWebster's II New College DictionarMonarch Houghton Mifflin. Boston. 2001. p. 707. for life or until abdication, and therefore the head of state of a monarchy. A monarch may exercise the highest authority and power i ...

, (the King or Queen of Great Britain) of the

Kingdom of England The Kingdom of England (, ) was a sovereign state on the island of Great Britain from 12 July 927, when it emerged from various History of Anglo-Saxon England, Anglo-Saxon kingdoms, until 1 May 1707, when it united with Kingdom of Scotland, ...

and later of

Great Britain Great Britain is an island in the North Atlantic Ocean off the northwest coast of continental Europe. With an area of , it is the largest of the British Isles, the largest European island and the ninth-largest island in the world. It i ...

, after the Act of Union of 1707 which united

England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...

and the formerly independent

kingdom Kingdom commonly refers to: * A monarchy ruled by a king or queen * Kingdom (biology), a category in biological taxonomy Kingdom may also refer to: Arts and media Television * ''Kingdom'' (British TV series), a 2007 British television drama s ...

Scotland Scotland (, ) is a Countries of the United Kingdom, country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a Anglo-Scottish border, border with England to the southeast ...

The First Constitution of 1777, which replaced this Colonial Charter with its royal authority, for the newly independent "

" was framed by a Convention which assembled at

White Plains, New York (Always Faithful) , image_seal = WhitePlainsSeal.png , seal_link = , subdivision_type = List of sovereign states, Country , subdivision_name = , subdivision_type1 = U.S. state, State , su ...

, (just north of

New York City New York, often called New York City or NYC, is the most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the most densely populated major city in the Un ...

) on Sunday evening, July 10, 1776. The city was then threatened with a

British British may refer to: Peoples, culture, and language * British people, nationals or natives of the United Kingdom, British Overseas Territories, and Crown Dependencies. ** Britishness, the British identity and common culture * British English, ...

occupation by an invading

British Army The British Army is the principal land warfare force of the United Kingdom, a part of the British Armed Forces along with the Royal Navy and the Royal Air Force. , the British Army comprises 79,380 regular full-time personnel, 4,090 Gurk ...

landing on Staten Island. There were repeated adjournments and changes of location, caused by the increasingly desperate war situation, with General

George Washington George Washington (February 22, 1732, 1799) was an American military officer, statesman, and Founding Father who served as the first president of the United States from 1789 to 1797. Appointed by the Continental Congress as commander of ...

's ragged Continental Army, forced out of

by crushing defeats in the New York and New Jersey campaign. The work of creating a democratic and free independent state continued by the Convention through the bitter winter with the British quartered in the City of New York and Washington's few thousand troops camped in winter quarters to the southwest in Morristown, New Jersey. The first Constitutional Convention in New York's history terminated its labors at

Kingston, New York Kingston is a city in and the county seat of Ulster County, New York, United States. It is north of New York City and south of Albany. The city's metropolitan area is grouped with the New York metropolitan area around Manhattan by the United ...

, on Sunday evening, April 20, 1777, when the new Constitution was adopted with but one dissenting vote, and then adjourned. The site is now Senate House State Historic Site. The constitution was not submitted to the people for ratification, however because of the war situation. It was drafted by

John Jay John Jay (December 12, 1745 – May 17, 1829) was an American statesman, patriot, diplomat, abolitionist, signatory of the Treaty of Paris, and a Founding Father of the United States. He served as the second governor of New York and the f ...

Robert R. Livingston Robert Robert Livingston (November 27, 1746 (Old Style November 16) – February 26, 1813) was an American lawyer, politician, and diplomat from New York, as well as a Founding Father of the United States. He was known as "The Chancellor", afte ...

, (new Chancellor of the State of New York), and

Gouverneur Morris Gouverneur Morris ( ; January 31, 1752 – November 6, 1816) was an American statesman, a Founding Father of the United States, and a signatory to the Articles of Confederation and the United States Constitution. He wrote the Preamble to th ...

, noted financier for the Revolutionary Colonial war effort. This Constitution was a combination document, containing its own "Declaration of Independence" from

, and its

Constitutional Law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in fe ...

. It called for a weak bicameral legislature (Assembly and State Senate) and a strong executive branch with a

governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...

. It 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. This imbalance of power between the branches of state government kept the elite firmly in control, and

disenfranchised Disfranchisement, also called disenfranchisement, or voter disqualification is the restriction of suffrage (the right to vote) of a person or group of people, or a practice that has the effect of preventing a person exercising the right to vote. D ...

the majority of the male New York population.

Slavery Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...

was legal in New York until 1827. Under this Constitution, the lower chamber Assembly had a provision for a maximum of 70 Members, with the following apportionment: #For the City and County of New York (that is, Manhattan Island), nine. #The City and County of Albany (Now Albany, Columbia, Rensselaer, Saratoga, Greene, Schoharie, and Schenectady Counties), ten # Dutchess County (now Dutchess and Putnam counties), seven. #

Westchester County Westchester County is located in the U.S. state of New York. It is the seventh most populous county in the State of New York and the most populous north of New York City. According to the 2020 United States Census, the county had a population ...

(now Bronx and Westchester counties), six. #

Ulster County Ulster County is a county in the U.S. state of New York. It is situated along the Hudson River. As of the 2020 census, the population was 181,851. The county seat is Kingston. The county is named after the Irish province of Ulster. History ...

, (now Ulster and Sullivan Counties, and the northern part of Orange County) six. # Suffolk County, five. # Queens County (now Queens and Nassau Counties), four. #

Orange County Orange County most commonly refers to: *Orange County, California, part of the Los Angeles metropolitan area Orange County may also refer to: U.S. counties *Orange County, Florida, containing Orlando *Orange County, Indiana *Orange County, New ...

(now the southern part of Orange County, as well as Rockland County), four. # Kings County, two. #

Richmond County Richmond County may refer to places: Australia *Richmond County, New South Wales, a cadastral division Canada *Richmond County, Nova Scotia United Kingdom *Richmondshire, the original Richmond County in Yorkshire, England United States ...

, two. # Tryon County (now Montgomery County; included all of New York State to the west, to

Lake Ontario Lake Ontario is one of the five Great Lakes of North America. It is bounded on the north, west, and southwest by the Canadian province of Ontario, and on the south and east by the U.S. state of New York. The Canada–United States border ...

and

Lake Erie Lake Erie ( "eerie") is the fourth largest lake by surface area of the five Great Lakes in North America and the eleventh-largest globally. It is the southernmost, shallowest, and smallest by volume of the Great Lakes and therefore also h ...

). # Charlotte County (now Washington County; included the present Clinton, Essex, Franklin, and St. Lawrence counties), four. #

Cumberland County Cumberland County may refer to: Australia * Cumberland County, New South Wales * the former name of Cumberland Land District, Tasmania, Australia Canada *Cumberland County, Nova Scotia United Kingdom * Cumberland, historic county *Cumberla ...

(seceded January 15, 1777 to the Vermont Republic), three. # Gloucester County (seceded January 15, 1777 to the Vermont Republic), two. This apportionment stood unchanged until seven years after the end of the Revolutionary War, in 1790, when the First United States Census was held to correct apportionments. On the subject of

enfranchisement Suffrage, political franchise, or simply franchise, is the right to vote in public, political elections and referendums (although the term is sometimes used for any right to vote). In some languages, and occasionally in English, the right to v ...

, Article VII of the new constitution said: :VII. That every male inhabitant of full age, who shall have personally resided within one of the counties of this State for six months immediately preceding the day of election, shall, at such election, be entitled to vote for representatives of the said county in assembly; if, during the time aforesaid, he shall have been a freeholder, possessing a freehold of the value of twenty pounds, within the said county, or have rented a tenement therein of the yearly value of forty shillings, and been rated and actually paid taxes to this State: Provided always, That every person who now is a freeman of the city of Albany, or who was made a freeman of the city of New York on or before the fourteenth day of October, in the year of our Lord one thousand seven hundred and seventy-five, and shall be actually and usually resident in the said cities, respectively, shall be entitled to vote for representatives in assembly within his said place of residence.

Constitutional Convention of 1801

The Constitutional Convention of 1801 was not convened to propose a new Constitution. Instead, it formed purely to resolve differences of interpretation of §23 of the 1777 Constitution, which provided for a

Council of Appointment The Council of Appointment (sometimes also Council of Appointments) was a body of the Government of New York that existed from 1777 to 1822. History Under the New York Constitution of 1777, the Council of Appointment consisted of the Governor of N ...

. Governor John Jay sent a special message to the lower chamber ( New York State Assembly) on February 26, 1801, and the same message to the upper chamber ( New York State Senate) on the following day, in relation to the Council of Appointment, reciting the differences which had existed between Council and Governor, not only during his own term, but during the term of his predecessor,

Governor George Clinton George Clinton (July 26, 1739April 20, 1812) was an American soldier and statesman, considered one of the Founding Fathers of the United States. A prominent Democratic-Republican, Clinton served as the fourth vice president of the United States f ...

. Governor Jay claimed that under the Constitution the Governor had the exclusive right of nomination, but some members of the Council of Appointment claimed a concurrent right of nomination. This, the Governor denied, and in this message he recommends that it be settled in some way. Since the original Constitution had no provisions as to how to amend it, on April 6, 1801, the legislature passed a law with the title ''"An Act Recommending a Convention"'' for the purpose of considering the question of the interpretation of §23 of the Constitution, and also that part of the Constitution relating to the number of members of both Senate and Assembly. The Senate was originally composed of twenty-four members, and the Assembly of seventy members, and provision was made for an increase in each chamber at stated periods, until the maximum should be reached, which was fixed at one hundred senators and three hundred members of assembly. The increase in membership had apparently been more rapid than was at first anticipated. At that time the Senate had increased to forty-three members, and the Assembly to one hundred and twenty-six members. The election of the delegates took place in August; the Convention met on the second Tuesday in October at Albany. It ended two weeks later on October 27, 1801. Among the delegates were DeWitt Clinton (future governor),

James Clinton Major General James Clinton (August 9, 1736 – September 22, 1812) was an American Revolutionary War officer who, with John Sullivan, led in 1779 the Sullivan Expedition in what is now western New York to attack British-allied Seneca and ...

William Floyd William Floyd (December 17, 1734 – August 4, 1821) was an American Founding Father, wealthy farmer, and political leader from New York. Floyd served as a delegate to the Continental Congress and was a signer of the Continental Association and ...

, Ezra L'Hommedieu,

Smith Thompson Smith Thompson (January 17, 1768 – December 18, 1843) was a US Secretary of the Navy from 1819 to 1823 and a US Supreme Court Associate Justice from 1823 to his death. Early life and the law Born in Amenia, New York, Thompson graduated ...

Daniel D. Tompkins Daniel D. Tompkins (June 21, 1774 – June 11, 1825) was an American politician. He was the fifth governor of New York from 1807 to 1817, and the sixth vice president of the United States from 1817 to 1825. Born in Scarsdale, New York, Tompkins ...

, John Vernon Henry,

William P. Van Ness William Peter Van Ness (February 13, 1778 – September 6, 1826) was a United States federal judge, United States district judge of the United States District Court for the District of New York and the United States District Court for the Souther ...

, and

Vice President of the United States The vice president of the United States (VPOTUS) is the second-highest officer in the executive branch of the U.S. federal government, after the president of the United States, and ranks first in the presidential line of succession. The vice ...

Aaron Burr, who presided. Tompkins was one of the 14 who voted against the right of nomination being given to the members of the Council of Appointments and the Governor concurrently, a minority which was defeated by 86 votes for this compromise. Previously, both motions, to vest the right of nomination either exclusively in the governor or exclusively in the Council members, were defeated. The changes in this version of the Constitution were: *The number of senators was permanently fixed at 32. *The assembly was given 100 members, and provision was made for a possible increase to 150, by additions to be made after each census. *The right of nomination, formerly vested in the governor only (as

, the original author/contributor of the 1777 Constitution, meant it), was given now to each member of the

and the Governor concurrently.

Constitutional Convention of 1821

In 1821, the power struggle between Governor DeWitt Clinton and the

Bucktails The Bucktails (1818–1826) were the faction of the Democratic-Republican Party in New York State opposed to Governor DeWitt Clinton. It was influenced by the Tammany Society. The name derives from a Tammany insignia, a deer's tail worn in the ha ...

faction of the

Democratic-Republican Party The Democratic-Republican Party, known at the time as the Republican Party and also referred to as the Jeffersonian Republican Party among other names, was an American political party founded by Thomas Jefferson and James Madison in the earl ...

led to the call for a Constitutional Convention by the Bucktail members of the legislature, against Clinton's fierce opposition. Their intention was to transfer powers from the executive to the legislative branch of the government. In November 1820, the legislature passed a bill which authorized the holding of a convention with unlimited powers. Governor Clinton cast the deciding vote in the Council of Revision to veto the bill. The Bucktails did not have a two-thirds majority in the legislature to override the veto. During the regular session (beginning in January 1821), the Legislature passed a new bill that put the question to the people. At the state election in April 1821, the people voted in favor of the convention. The convention met from August to November in Albany. U.S. Vice President

presided. Between January 15 and 17, 1822, the new constitution, as amended by the convention, was put before the voters for ratification as a whole, and was accepted: for 74,732; against 41,402. There was deep division among New Yorkers over the merits of the amended constitution. Those who opposed it and who did not sign included: * Vice President Daniel D. Tompkins *

Ambrose Spencer Ambrose Spencer (December 13, 1765March 13, 1848) was an American lawyer and politician. Early life Ambrose Spencer was born on December 13, 1765 in Salisbury in the Connecticut Colony. He was the son of Philip Spencer and Mary ( née Moore) S ...

, Chief Justice of New York * James Kent. Chancellor of the

New York Court of Chancery The New York Court of Chancery was the highest court in the State of New York from 1701 to 1847. History The New York Court of Chancery was established during the British colonial administration on August 28, 1701, with the colonial governor actin ...

* William W. Van Ness, Justice of the New York Supreme Court *

Jacob R. Van Rensselaer Jacob Rutsen Van Rensselaer (September 27, 1767 – September 22, 1835) was an American lawyer and Federalist politician who served as Speaker of the New York State Assembly from 1812 to 1813, and Secretary of State of New York, from 1813 to ...

* Stephen Van Rensselaer * James Tallmadge, Jr. *

Jonas Platt Jonas Platt (June 30, 1769 – February 22, 1834) was an American lawyer and politician from New York. He was a member of the United States House of Representatives. Early life Platt was born on June 30, 1769, in Poughkeepsie, Province of New Yor ...

* Peter A. Jay Supporters who signed the new constitution included: *

Martin Van Buren Martin Van Buren ( ; nl, Maarten van Buren; ; December 5, 1782 – July 24, 1862) was an American lawyer and statesman who served as the eighth president of the United States from 1837 to 1841. A primary founder of the Democratic Party, he ...

, future Vice President and President *

Erastus Root Erastus Root (March 16, 1773 – December 24, 1846) was an American lawyer and politician from New York. He is most notable for serving four separate non-consecutive terms in the U.S. House of Representatives in the early 19th Century. ...

Samuel Nelson Samuel Nelson (November 10, 1792 – December 13, 1873) was an American attorney and appointed as judge of New York State courts. He was appointed as a Justice of the Supreme Court of the United States, serving from 1845 to 1872. He concu ...

* Nathan Sanford * Samuel Young * Ogden Edwards Peter R. Livingston,

Alexander Sheldon Alexander Sheldon (October 23, 1766 in Suffield, Hartford County, Connecticut – September 10, 1836 in Montgomery County, New York) was an American physician and politician. Life He was the son of Phineas Sheldon (1717–1807) and Ruth Harmon ...

Jacob Radcliff Jacob Radcliff or Radclift (April 20, 1764 – May 6, 1844) was a jurist, lawyer and politician. He served as Mayor of New York City from 1810 to 1811, and from 1815 to 1818. Early life and education He was born on April 20, 1764, in Rhine ...

Peter Sharpe Peter Sharpe (December 10, 1777 in New York City – August 3, 1842 in Brooklyn, New York) was an American politician who served as a United States representative from New York. Life He "was a Maiden-lane whip-maker, of the average intell ...

, Rufus King, and Nathaniel Pitcher were also among the delegates. The changes in this version of the constitution were: * State elections were moved from the last week in April to the first week in November. Beginning in 1823, the terms of the governor (two-year term), lieutenant governor (two-year term), state senators (four-year term) and assemblymen (one-year term) coincided with the calendar year. * The lieutenant governor was to succeed to the governor's office "for the residue of the term" whenever a vacancy occurred, unlike

John Tayler John Tayler (July 4, 1742 – March 19, 1829) was a merchant and politician. He served nine years as Lieutenant Governor of New York, four months acting as the sixth Governor of New York, and also in both houses of the New York State Legislatur ...

, who in 1817 became "Acting Governor" only until the election of a successor. * The

was abolished and the vast majority of formerly appointive offices were made elective. State officeholders were elected by joint ballot of the

Assembly Assembly may refer to: Organisations and meetings * Deliberative assembly, a gathering of members who use parliamentary procedure for making decisions * General assembly, an official meeting of the members of an organization or of their representa ...

and

State Senate A state legislature in the United States is the legislative body of any of the 50 U.S. states. The formal name varies from state to state. In 27 states, the legislature is simply called the ''Legislature'' or the ''State Legislature'', whil ...

; others by local popular or legislative elections. * The Council of Revision was abolished. Its power to veto new legislation was transferred to the governor, whose veto could be overcome by a two-thirds vote of the legislature. * The Governor's right to prorogue (dismiss) the legislature at will was abolished. * Property qualifications for white men to vote were removed. * Black men were granted the vote, but with a property qualification which effectively disfranchised nearly all of them. It was at this time that Peter Augustus Jay, one of the delegates and also the son of

gave an impassioned speech at the Convention arguing that the right to vote should be extended to free African Americans. "Peter Augustus Jay, one of a minority of advocates of universal manhood suffrage, insisted that the idea that black people were naturally inferior had long been 'completely refuted and universally exploded.'" * A Canal Board was to be formed by the Commissioners of the Canal Fund (the State Cabinet officers) and the Canal Commissioners * Eight Circuit Courts were created, one in each senatorial district. Until then, the justices of the

New York State Supreme Court The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. (Its Appellate Division is also the highest intermediate appellate court.) It is vested with unlimited civ ...

had held traveling circuit court.

Constitutional Convention of 1846

The delegates convened at Albany on June 1, 1846, and adjourned on October 9. The new Constitution was put before the voters at the next state election in November and was adopted. Yes: 221,528 votes, No: 92,436 votes. John Tracy presided. Ira Harris, George W. Patterson, Ambrose L. Jordan, Charles H. Ruggles, David R. Floyd-Jones, Charles O'Conor, Samuel J. Tilden (future

New York Governor The governor of New York is the head of government of the U.S. state of New York. The governor is the head of the executive branch of New York's state government and the commander-in-chief of the state's military forces. The governor ha ...

and 1876 Presidential candidate who won popular vote but lost in electoral college to

Rutherford B. Hayes Rutherford Birchard Hayes (; October 4, 1822 – January 17, 1893) was an American lawyer and politician who served as the 19th president of the United States from 1877 to 1881, after serving in the U.S. House of Representatives and as governo ...

), Levi S. Chatfield, William B. Wright, Michael Hoffman and William C. Bouck were among the delegates. The changes in this version of the constitution were: *The

Court of Chancery The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness (or "inequity") of the common law. The Chancery had jurisdiction over all matters of equ ...

and the Court for the Correction of Errors were abolished. Jurisdiction on equity was transferred to the New York Supreme Court, jurisdiction on appeal to the New York Court of Appeals. *The

New York State Circuit Courts The New York circuit courts were circuit courts created by the New York State Constitution of 1821, and abolished by the Constitution of 1846. History Under the provisions of the Constitution of New York, 1777, the justices of the New York Supre ...

were abolished, and replaced by the district benches of the New York Supreme Court. *The New York Court of Appeals was established in July 1847, consisting of four statewide elected judges and four justices chosen annually from the New York Supreme Court. *The state cabinet officers ( Attorney General, Secretary of State, Comptroller,

Treasurer A treasurer is the person responsible for running the treasury of an organization. The significant core functions of a corporate treasurer include cash and liquidity management, risk management, and corporate finance. Government The treasury ...

and State Engineer) who had been chosen by joint ballot of the Legislature, were now elected by the voters at the state elections in odd years. The incumbents were legislated out of office on December 31, 1847. The successors were elected at the state election in November and took office on January 1, 1848. From 1848 on, the state officers served a two-year term, one year in the second half of the term of the incumbent Governor, the other year in the first half of the term of the succeeding Governor.

Constitutional Convention of 1867–1868

According to the Constitution of 1846, twenty years after its elaboration the electorate was asked if they wanted a constitutional convention to be held, which was answered in the affirmative at the

New York state election, 1866 The 1866 New York state election was held on November 6, 1866, to elect the governor, the lieutenant governor, a Canal Commissioner and an Inspector of State Prisons, as well as all members of the New York State Assembly. Besides, the voters w ...

with 352,854 votes for, and 256,364 against the convention. On April 23, 1867, the delegates were elected, and the convention had a small

Republican Republican can refer to: Political ideology * An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law. ** Republicanism, the ideology in support of republics or agains ...

majority. The convention met in June at

Albany, New York Albany ( ) is the capital of the U.S. state of New York, also the seat and largest city of Albany County. Albany is on the west bank of the Hudson River, about south of its confluence with the Mohawk River, and about north of New York C ...

, adjourned on September 23, met again on November 12, and adjourned again in February 1868. Afterwards the draft was discussed in the

for another year and a half, the questions being if to vote for the whole Constitution or separately for some or all articles. In the end, the new Constitution was rejected by the voters at the

New York state election, 1869 The 1869 New York state election was held on November 2, 1869, to elect the Secretary of State, the State Comptroller, the Attorney General, the State Treasurer, the State Engineer, two Judges of the New York Court of Appeals, a Canal Commis ...

, with 223,935 votes for and 290,456 against it. The Republican Party advocated the adoption, the Democrats the rejection of the new proposed Constitution of 1867-68, and by 1869 the Democrats had a majority in the State. Only the "Judicial Article" which re-organized the New York Court of Appeals was adopted by a small majority, with 247,240 for and 240,442 against it. William A. Wheeler presided.

Waldo Hutchins Waldo Hutchins (September 30, 1822 – February 8, 1891) was a New York attorney, businessman and politician. He served in the New York State Assembly and as a Member of Congress. Biography Born in Brooklyn, Connecticut, Hutchins graduated from ...

William M. Evarts William Maxwell Evarts (February 6, 1818February 28, 1901) was an American lawyer and statesman from New York who served as U.S. Secretary of State, U.S. Attorney General and U.S. Senator from New York. He was renowned for his skills as a li ...

George Opdyke George Opdyke (December 7, 1805 – June 12, 1880) was an entrepreneur and the 76th Mayor of New York City (1862 to 1864) during the American Civil War. The New York City draft riots occurred during his tenure. Early life Opdyke was born on Dec ...

George William Curtis George William Curtis (February 24, 1824 – August 31, 1892) was an American writer and public speaker born in Providence, Rhode Island. An early Republican, he spoke in favor of African-American equality and civil rights both before and after ...

, Horace Greeley, Ira Harris, Martin I. Townsend, Charles Andrews, Charles J. Folger,

Augustus Frank Augustus Frank (July 17, 1826 – April 29, 1895) was an American merchant, railroad executive, banker and politician. He served as a United States representative from the U.S. state of New York during the American Civil War. Early life ...

, Augustus Schell, Henry C. Murphy, Homer A. Nelson, David L. Seymour,

George F. Comstock George Franklin Comstock (1811–1892) was an American lawyer and politician. He was Chief Judge of the New York Court of Appeals from 1860 to 1861. Personal life Comstock was born on August 24, 1811, in Williamstown, New York. He graduated fro ...

, John Magee, Sanford E. Church, Marshall B. Champlain, Teunis G. Bergen, William D. Veeder, John G. Schumaker, Stephen J. Colahan,

Elbridge T. Gerry Elbridge Gerry (; July 17, 1744 – November 23, 1814) was an American Founding Father, merchant, politician, and diplomat who served as the fifth vice president of the United States under President James Madison from 1813 until his death in 18 ...

, Gideon J. Tucker, Samuel J. Tilden, Edwards Pierrepont, James Brooks, William Hitchman, Abraham B. Tappen, B. Platt Carpenter,

Erastus Corning Erastus Corning (December 14, 1794 – April 9, 1872) was an American businessman and politician from Albany, New York. A Democrat, he was most notable for his service as mayor of Albany from 1834 to 1837, in the New York State Senate from 1842 ...

, Amasa J. Parker, Marius Schoonmaker, Edwin A. Merritt, Leslie W. Russell, Thomas G. Alvord, Horatio Ballard,

Hobart Krum Hobart Krum (January 12, 1833 – May 4, 1914) was an American lawyer and politician from New York. Life He was born on January 12, 1833, in Fulton, Schoharie County, New York, the son of Jonas Krum (1790–1867) and Mary (Bixby) Krum (1793– ...

, Ezra Graves, Elbridge G. Lapham,

Frank Hiscock Frank Hiscock (September 6, 1834June 18, 1914) was a U.S. Representative and Senator from New York. He served in the United States Congress from 1877 to 1893. Hiscock was a native of Pompey, New York, and graduated from Pompey Academy. Af ...

, Seth Wakeman, and Israel T. Hatch were among the delegates. The changes in this version of the constitution were: *The New York Court of Appeals was totally re-organized. Instead of eight Judges, four elected statewide and four selected from the New York Supreme Court, it had now one

Chief Judge of the New York Court of Appeals Chief Judge of the New York Court of Appeals refers to the position of chief judge on the New York Court of Appeals. They are also known as the Chief Judge of New York. The chief judge supervises the seven-judge Court of Appeals. In addition, th ...

and six Associate Judges, all elected statewide. *The

Clerk of the New York Court of Appeals The Clerk of the New York Court of Appeals was one of the statewide elected officials in New York from 1847 to 1870. He was also ex officio a clerk of the New York Supreme Court. The office was created by the New York State Constitution of 1846 ...

was not elected statewide anymore. *The term of office of the Judges of the Court of Appeals and the Justices of the New York Supreme Court was extended from 8 to 14 years, and the rotative renewal (every two years one Judge or Justice had been elected to an eight-year term; in case of a vacancy, a special election was held to fill the remainder of the term only) was abolished. Instead, vacancies were filled as they occurred (by death, resignation, or term expiration), always to a full 14-year term.

Constitutional Commission of 1872–1873

After the rejection of all amendments proposed by the Convention of 1867–68, except the judicial article,

Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...

John T. Hoffman suggested to the Legislature that a non-partisan Constitutional Commission of 32 members should be formed. The Commission had four members from each senatorial district, appointed by the Governor, and confirmed by the State Senate, equally divided between the two major political parties. The Commission met from December 4, 1872, to March 15, 1873. They proposed amendments to the Constitution of 1846, which was still in force with amendments which were then approved or rejected by the Legislature, and those approved were then submitted to the voters for ratification. Among the members were: Robert H. Pruyn who presided;

, Augustus Schell, John D. Van Buren,

Erastus Brooks Erastus Brooks (January 31, 1815 – November 25, 1886) was an American newspaper editor and politician from New York. Life He was born on January 31, 1815, in Portland, then in the District of Maine, Massachusetts, the son of Capt. James Brook ...

, Benjamin D. Silliman, George C. Burdett, Francis Kernan, Elias W. Leavenworth, Daniel Pratt, John F. Hubbard Jr., Barna R. Johnson,

Lucius Robinson Lucius Robinson (November 4, 1810March 23, 1891) was an American lawyer and politician. He was the 26th Governor of New York from 1877 to 1879. Life He graduated from Delaware Academy in Delhi, New York. Afterwards he studied law in the offic ...

, George B. Bradley, Van Rensselaer Richmond, Lysander Farrar, Lorenzo Morris and Sherman S. Rogers. Major changes: *The terms of the Governor and lieutenant Governor was increased from two to three years. *The statewide elective offices of three Inspectors of State Prisons and three Canal Commissioners were abolished, and were succeeded by a Superintendent of State Prisons and a Superintendent of Public Works, appointed by the governor, and confirmed by the State Senate.

Constitutional Convention of 1894

On January 27, 1893, the Legislature passed "An Act to amend chapter 398, of the Laws of 1892, entitled 'An Act to provide for a convention to revise and amend the Constitution'", calling a Constitutional Convention to meet in 1894. The 175 delegates were elected at the New York state election, 1893, five in each senatorial district, and 15 at-large. The Convention met on May 8, 1894, at the

New York State Capitol The New York State Capitol, the seat of the New York state government, is located in Albany, the capital city of the U.S. state of New York. The capitol building is part of the Empire State Plaza complex on State Street in Capitol Park. Housi ...

in Albany; and adjourned on September 29. The revised Constitution was submitted for ratification at the New York state election, 1894, in three parts: the new legislative apportionment; the proposed canal improvements; and 31 miscellaneous amendments to the Constitution; which were all adopted by the voters. Among the delegates were: Joseph H. Choate, President; Thomas G. Alvord, First Vice President; William H. Steele, Second Vice President; Elihu Root; Edward Lauterbach; Jesse Johnson; Frederick William Holls; Michael H. Hirschberg; John T. McDonough; John M. Francis; Commodore P. Vedder; John I. Gilbert;

; Daniel H. McMillan; Frederic Storm; John G. Schumaker; John B. Meyenborg; Almet F. Jenks; Charles B. Morton; William D. Veeder; John Cooney; Thomas W. Fitzgerald; Wright Holcomb,

De Lancey Nicoll De Lancey Nicoll (June 24, 1854 – March 31, 1931) was a New York County District Attorney. Early life De Lancey Nicoll was born on Shelter Island on June 24, 1854. He was the son of Solomon Townsend Nicoll (1813–1864) and Charlotte Anne Ni ...

;

John Bigelow John Bigelow Sr. (November 25, 1817 – December 19, 1911) was an American lawyer, statesman, and historian who edited the complete works of Benjamin Franklin and the first autobiography of Franklin taken from Franklin's previously lost origina ...

; Frank T. Fitzgerald; Leonard A. Giegerich; Joseph Koch; Gideon J. Tucker; M. Warley Platzek;

Jacob Marks Jacob Marks (June 24, 1861 – March 20, 1965) was a Jewish-American lawyer, politician, and judge from New York. Life Marks was born on June 24, 1861 in New York City, New York, the son of Wolff Marks and Henrietta Rothschild. Marks attended ...

; Andrew H. Green; Joseph I. Green; Stephen S. Blake; William Church Osborn; Willard H. Mase; Roswell A. Parmenter; A. Bleecker Banks; Chester B. McLaughlin; Elon R. Brown; Henry J. Cookinham; John C. Davies;

Louis Marshall Louis Marshall (December 14, 1856 – September 11, 1929) was an American corporate, constitutional and civil rights lawyer as well as a mediator and Jewish community leader who worked to secure religious, political, and cultural freedom for a ...

; Milo M. Acker; Merton E. Lewis; I. Sam Johnson; Henry W. Hill; George Allen Davis; and Charles J. Kurth. Major changes: *The term of the governor and lieutenant governor was shortened from three to two years. *The election of state officers (Secretary of State, Comptroller, Attorney General; Treasurer; State Engineer) and state senators was moved from odd-numbered years to even-numbered years, henceforth coinciding with the gubernatorial election. *The number of state senators was increased from 32 to 50; and the number of assemblymen from 128 to 150. *The State Forest Preserve was given perpetual protection as wild land. *The State-owned Onondaga Salt Springs Reservation was allowed to be sold. * Convict labor in penal institutions was abolished. *The use of

voting machine A voting machine is a machine used to record votes in an election without paper. The first voting machines were mechanical but it is increasingly more common to use '' electronic voting machines''. Traditionally, a voting machine has been defi ...

s was allowed. *The first meeting of the annual legislative session was moved from the first Tuesday to the first Wednesday in January.

1915 Convention

Under the 1894 Constitution, the people were to vote on the holding of a seventh Constitutional Convention in 1916. However, the Governor proposed that the Convention be moved up to 1915 so that it would not be overshadowed by other issues. Thus, in April 1914, a referendum approved a Constitutional Convention to be held in 1915. There were 168 delegates to the 1915 Convention. The delegates included: Elihu Root (the President of the Convention), Edgar T. Brackett,

Jacob Brenner Jacob Brenner (April 8, 1857 – October 16, 1921) was a Jewish-American lawyer and judge from New York. Life Brenner was born on April 8, 1857, in New York City, New York, the son of Simon Brenner and Caroline Alexander. He attended public schoo ...

, Patrick W. Cullinan,

Seth Low Seth Low (January 18, 1850 – September 17, 1916) was an American educator and political figure who served as the mayor of Brooklyn from 1881 to 1885, the president of Columbia University from 1890 to 1901, a diplomatic representative of t ...

, John Lord O'Brian, Herbert Parsons,

Jacob Gould Schurman Jacob Gould Schurman (May 2, 1854 – August 12, 1942) was a Canadian-born American educator and diplomat, who served as President of Cornell University and United States Ambassador to Germany. Early life Schurman was born at Freetown, Prince Ed ...

Henry L. Stimson Henry Lewis Stimson (September 21, 1867 – October 20, 1950) was an American statesman, lawyer, and Republican Party politician. Over his long career, he emerged as a leading figure in U.S. foreign policy by serving in both Republican and D ...

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, Franklin A. Coles, Harry E. Lewis,

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, Harry Heyman, John F. Ahearn, Abraham Harawitz, Alfred E. Smith, Harry E. Oxford, Morgan J. O'Brien, John B. Stanchfield, James A. Foley,

, William F. Sheehan,

Thomas Francis Smith Thomas Francis Smith (July 24, 1865 – April 11, 1923) was a lawyer, newspaperman, and politician from New York. From 1917 to 1921, he served two terms in the U.S. House of Representatives. Biography Smith was born in New York City on July 24, ...

, Thomas Maurice Mulry, John Thomas Dooling, John Godfrey Saxe II, Robert F. Wagner, Courtlandt Nicoll, Frederick C. Tanner, Mark Eisner, William M. K. Olcott,

Martin Saxe Martin Saxe (August 28, 1874 in New York City – February 5, 1967 in Manhattan, New York City) was an American lawyer and politician from New York. Life He was the son of Fabian Saxe and Theresa (Helburn) Saxe. He graduated from Princeton Univer ...

, J. Sidney Bernstein,

Nathan Burkan Nathan Burkan (November 8, 1879 – June 6, 1936) was a Romanian-born Jewish-American lawyer from New York. Life Burkan was born on November 8, 1879 in Iași, Romania, the son of Moritz Burkan and Tillie Armm. Burkan immigrated to America in 18 ...

Anthony J. Griffin Anthony Jerome Griffin (April 1, 1866 – January 13, 1935) was an American lawyer, war veteran, and politician from New York. He served ten terms in the U.S. House of Representatives from 1918 to 1935. Life He attended City College, Cooper Un ...

, Louis F. Haffen, Francis W. Martin, George A. Blauvelt, Eugene Lamb Richards, Francis A. Winslow,

Frank L. Young Frank L. Young (October 31, 1860 – May 21, 1930) was an American lawyer and politician from New York. Life He was born on October 31, 1860, in Port Byron, Cayuga County, New York. He attended Oakwood Seminary in Union Springs. He graduate ...

, Caleb H. Baumes, Lemuel E. Quigg, William Barnes Jr., Harold J. Hinman, Victor M. Allen, Louis M. Martin, Ray B. Smith, Israel T. Deyo, George E. Green, Jesse S. Phillips,

James Wolcott Wadsworth James Wolcott Wadsworth (October 12, 1846 in Philadelphia, Pennsylvania – December 24, 1926 in Washington, D.C.) was an American farmer, soldier and statesman. Early life He was the son of Civil War General James Samuel Wadsworth (1 ...

, Frank M. Jones,

Benjamin Rush Rhees Benjamin Rush Rhees ( 08 February 1860–05 January 1939) was the third president of the University of Rochester, serving from 1900 to 1935. Education Rhees, great-grandson of radical Baptist minister Morgan John Rhys, earned his undergraduate d ...

, Homer E. A. Dick,

Charles B. Sears Charles Brown Sears (October 16, 1870 Brooklyn, Kings County, New York – December 17, 1950 Buffalo, Erie County, New York) was an American lawyer and politician from New York. Life He graduated from Adelphia Academy in Brooklyn in 1888, and A ...

, Matthias Endres, and James S. Whipple. Proposed changes included: *A reorganization of state government leaving it with 17 departments, reducing the number of elected officials, and providing for the appointment of others *Removing from the State Legislature the power to review local matters and private claims *Budgetary regulation *Improvements in the ways the State could become indebted *Home rule for cities *Giving the State Legislature the authority, with voters' consent, to alter county government *Simplification of the court system *State control over tax assessment *Establishing a conservation commission to oversee natural resources *Expanded rights for workers All of the proposals from the seventh Constitutional Convention of 1915 were grouped into five questions, all of which were rejected by the people. However, all was not lost. In 1925, a revised Article 5, containing many proposals from the Fifth Convention of 1915, was submitted to the people/voters and accepted in a referendum/election. In 1927, the budget proposal from the Fifth Convention was also accepted.

1921 Judiciary Convention

Originally, the 1915 Convention proposed numerous overhauls to the judicial system. The Legislature rejected this article and it was not sent to the voters. However, in 1921, the Legislature authorized a group of thirty people to revise the judiciary article of the 1894 Constitution. However, the proposed article included many proposals from the 1915 Convention, and was again rejected by the Legislature.

Constitutional Convention of 1938

The Constitution established in 1894 required the voters to vote on the necessity of a subsequent constitutional convention in 1936. On November 3, 1936, the voters approved the holding of a Convention which was held two years later in 1938. There were 168 delegates to the Eighth Constitutional Convention of 1938. These included Alfred E. Smith (former Governor and Presidential candidate),

Hamilton Fish III Hamilton Fish III (born Hamilton Stuyvesant Fish and also known as Hamilton Fish Jr.; December 7, 1888 – January 18, 1991) was an American soldier and politician from New York State. Born into a family long active in the state, he served in t ...

(U.S. Representative), Robert F. Wagner, (U.S. senator), and Robert Moses (major builder as head of New York and New Jersey Port Authority). The Convention was chaired by Frederick E. Crane, the Chief Judge of the State Court of Appeals. Governor

Herbert Lehman Herbert Henry Lehman (March 28, 1878 – December 5, 1963) was an American Democratic Party politician from New York. He served from 1933 until 1942 as the 45th governor of New York and represented New York State in the U.S. Senate from 194 ...

appointed

Charles Poletti Charles Poletti (July 2, 1903 – August 8, 2002) was an American lawyer and politician. He became the 46th governor of New York in December 1942, and was the first Italian-American governor in the United States. Born in Barre, Vermont to Ital ...

to head a committee to gather information for the convention's use. The twelve-volume report they produced is called the "Poletti Report". The 1938 Convention did not actually adopt a new Constitution, but it did propose changes (57 amendments in all) to the continuing Constitution of 1894, which were bundled into nine questions for the voters; only six questions of amendments were approved. Changes approved were: *The State Legislature was now authorized to enact a Social Security program *The State Legislature could provide funding to eliminate railroad crossings *New York City was excluded from debt limits in order to finance a public rapid transport system *An amendment setting out the rights of public works projects workers *A number of non-controversial amendments *Permission for the State Legislature to fund transportation to parochial schools

1967 Convention

In the 1960s, with the increasing changes and expansions of populations with the changing society, demand grew for a new Constitution. Thus, in 1965, the State Legislature put the question to the voters on the holding of a constitutional convention in 1967. The voters approved. A committee was established to gather information for the Convention. In 1966, 186 people were elected to become members in the 9th Constitutional Convention. Unlike all the other Conventions, the candidates for membership ran in partisan elections, of which the Democrats won a majority. The Convention was chaired by

Anthony Travia Anthony John Travia (February 26, 1911 – December 7, 1993) was a United States district judge of the United States District Court for the Eastern District of New York. Education and career Born in Milwaukee, Wisconsin, Travia received a Bach ...

, the Speaker of the State Assembly. Proposed changes included: *Expansion of individual citizens' rights *Repealing of the 19th Century James G. Blaine Amendment, which prohibited the State from funding parochial schools *State takeover of costs for the court system, and the administration of welfare programs *Allowing the legislature to incur debt without referendum *The addition of a "statute of restrictions", or "two-part constitution", whereby a short Constitution would be enacted, and other provisions would be placed in a separate document that differed from normal statute as it took two years to amend. The proposed changes were bundled into one document, and were met with stiff opposition. Thus, in November 1967, the voters rejected the new Constitution, with no county voting in favor.

Amending the Constitution

The current New York State Constitution of 1894/1938 can be amended in two main ways: *By a proposal of an amendment in the Legislature, subject to voter approval, or *Through a Convention, also subject to voter approval, which can be called in one of two ways: :*By proposal of the Legislature, subject to voter approval :*Through the automatic referendum every twenty years Any legislative proposal must be approved by two successive Legislatures before being submitted for voter approval. If a convention is called, fifteen at-large members and three members per Senate district will be elected. These members will be compensated on the level of an Assembly member. The Convention will meet continuously in the Capitol until they conclude their work from the first Tuesday of April following their election. Whether or not a limited-call convention dealing with specific issues is constitutional or not remains unclear. Proponents argue that because the Constitution is a limiting, and not a granting, document, then it is. They point to the fact that the 1801 Convention was a limited-call one. Opponents argue that because the Constitution does not expressly provide for such a Convention, any such convention would be unconstitutional.

References

External links

Current Constitution (PDF)

''Reports of the Proceedings and Debates of the Convention of 1821''
{{Authority control Politics of New York (state) New York Legal history of New York (state) John Jay New York (state) law