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Constitution 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 the citizens of New York. Like most state constitutions in the United States, 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's interpretation of federal provisions.

Constitution of the State of New York
Overview
JurisdictionState of New York
Subordinate toSupreme law of the United States
Full text
New York Constitution at Wikisource

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.[1] 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.[2]

Current Constitution edit

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

Preamble edit

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 edit

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. Some provisions included are freedom of speech, a trial by jury, freedom of worship, habeas corpus, and security against unreasonable search and seizures.

Article II: Suffrage edit

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 edit

Article III establishes the powers and limitations of the bicameral New York State Legislature, 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 edit

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 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 has the lieutenant governor first in line, and then the temporary president of the Senate.

Article V: Officers and Civil Departments edit

Article V describes the roles of the comptroller and attorney-general as well as the operation of the civil departments, of which there can be at most 20.

Article VI: Judiciary edit

Article VI describes the judicial branch, including the court systems, 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 edit

Article VIII: Local Finances edit

Article IX: Local Governments edit

Article X: Corporations edit

Article XI: Education edit

Article XII: Defense edit

Article XIII: Public Officers edit

Article XIV: Conservation edit

Article XV: Canals edit

Article XVI: Taxation edit

Article XVII: Social Welfare edit

Article XVIII: Housing edit

Article XIX: Amendments to Constitution edit

Article XX: When to Take Effect edit

Article XX describes the day that the constitution will take effect, which is January 1, 1939.[3]

Constitution of New York, 1777 edit

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 was established after the naval invasion and absorption of the previous Dutch Colony of New Netherlands. The original proprietor was the Duke of York, the future James II of England and James VII of Scotland and younger brother of the then-King of England, Charles II. Its Colonial Charter was under authority from the Monarch, (the King or Queen of Great Britain) of the Kingdom of England and later of Great Britain, after the Act of Union of 1707 which united England and Wales and the formerly independent kingdom of Scotland

The First Constitution of 1777, which replaced this Colonial Charter with its royal authority, for the newly independent "State of New York" was framed by a Convention which assembled at White Plains, New York, (just north of New York City) on Sunday evening, July 10, 1776. The city was then threatened with a British occupation by an invading British Army landing on Staten Island. There were repeated adjournments and changes of location, caused by the increasingly desperate war situation, with General George Washington's ragged Continental Army, forced out of New York City 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, 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, Robert R. Livingston, (new Chancellor of the State of New York), and Gouverneur Morris, noted financier for the Revolutionary Colonial war effort.[4][5]

This Constitution was a combination document, containing its own "Declaration of Independence" from Great Britain, and its Constitutional Law. It called for a weak bicameral legislature (Assembly and State Senate) and a strong executive branch with a governor. 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 the majority of the male New York population. Slavery 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:

  1. For the City and County of New York (that is, Manhattan Island), nine.
  2. The City and County of Albany (Now Albany, Columbia, Rensselaer, Saratoga, Greene, Schoharie, and Schenectady Counties), ten
  3. Dutchess County (now Dutchess and Putnam counties), seven.
  4. Westchester County (now Bronx and Westchester counties), six.
  5. Ulster County, (now Ulster and Sullivan Counties, and the northern part of Orange County) six.
  6. Suffolk County, five.
  7. Queens County (now Queens and Nassau Counties), four.
  8. Orange County (now the southern part of Orange County, as well as Rockland County), four.
  9. Kings County, two.
  10. Richmond County, two.
  11. Tryon County (now Montgomery County; included all of New York State to the west, to Lake Ontario and Lake Erie).
  12. Charlotte County (now Washington County; included the present Clinton, Essex, Franklin, and St. Lawrence counties), four.
  13. Cumberland County (seceded January 15, 1777, to the Vermont Republic), three.
  14. 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, 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.[6]

Constitutional Convention of 1801 edit

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. 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. 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, William Floyd, Ezra L'Hommedieu, Smith Thompson, Daniel D. Tompkins, John Vernon Henry, William P. Van Ness, and Vice President of the United States 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 John Jay, the original author/contributor of the 1777 Constitution, meant it), was given now to each member of the Council of Appointment and the Governor concurrently.

Constitutional Convention of 1821 edit

In 1821, the power struggle between Governor DeWitt Clinton and the Bucktails faction of the Democratic-Republican Party 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 Daniel D. Tompkins 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:

Supporters who signed the new constitution included:

Peter R. Livingston, Alexander Sheldon, Jacob Radcliff, Peter Sharpe, 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, who in 1817 became "Acting Governor" only until the election of a successor.
  • The Council of Appointment was abolished and the vast majority of formerly appointive offices were made elective. State officeholders were elected by joint ballot of the Assembly and State Senate; 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 John Jay 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.'" [7]
  • 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 had held traveling circuit court.

Constitutional Convention of 1846 edit

 
Manual for the use of the Convention, first page of list of delegates

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 and 1876 presidential candidate who won popular vote but lost in electoral college to Rutherford B. Hayes), Levi S. Chatfield, William B. Wright, Michael Hoffman and William C. Bouck were among the delegates.[8]

The changes in this version of the constitution were:

Constitutional Convention of 1867–1868 edit

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 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 majority.[10] The convention met in June at Albany, New York, adjourned on September 23, met again on November 12,[11] and adjourned again in February 1868. Afterwards the draft was discussed in the New York State Legislature 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, 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, William M. Evarts, George Opdyke, George William Curtis, Horace Greeley, Ira Harris, Martin I. Townsend, Charles Andrews, Charles J. Folger, Augustus Frank, Augustus Schell, Henry C. Murphy, Homer A. Nelson, David L. Seymour, George F. Comstock, John Magee, Sanford E. Church, Marshall B. Champlain, Teunis G. Bergen, William D. Veeder, John G. Schumaker, Stephen J. Colahan, Elbridge T. Gerry, Gideon J. Tucker, Samuel J. Tilden, Edwards Pierrepont, James Brooks, William Hitchman, Abraham B. Tappen, B. Platt Carpenter, Erastus Corning, Amasa J. Parker, Marius Schoonmaker, Edwin A. Merritt, Leslie W. Russell, Thomas G. Alvord, Horatio Ballard, Hobart Krum, Ezra Graves, Elbridge G. Lapham, Frank Hiscock,[12] Seth Wakeman, and Israel T. Hatch were among the delegates.[13]

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 and six Associate Judges, all elected statewide.
  • The Clerk of the New York Court of Appeals 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 edit

After the rejection of all amendments proposed by the Convention of 1867–68, except the judicial article, Governor 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; George Opdyke, Augustus Schell, John D. Van Buren, Erastus Brooks, Benjamin D. Silliman, George C. Burdett, Francis Kernan, Elias W. Leavenworth, Daniel Pratt, John F. Hubbard Jr., Barna R. Johnson, Lucius Robinson, George B. Bradley, Van Rensselaer Richmond, Lysander Farrar, Lorenzo Morris and Sherman S. Rogers.[14]

Major changes:

Constitutional Convention of 1894 edit

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.[15] 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 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; Augustus Frank; 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; John Bigelow; Frank T. Fitzgerald; Leonard A. Giegerich; Joseph Koch; Gideon J. Tucker; M. Warley Platzek; Jacob Marks; Andrew H. Green; Joseph I. Green; Stephen S. Blake; William Church Osborn; Willard H. Mase; Roswell A. Parmenter; A. Bleecker Banks; Abram B. Steele; Chester B. McLaughlin; Elon R. Brown; Henry J. Cookinham; John C. Davies; Louis Marshall; Milo M. Acker; Merton E. Lewis; I. Sam Johnson; Henry W. Hill; George Allen Davis; and Charles J. Kurth.

Major changes:[16]

  • 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. Legislative voting districts were allocated among counties based on citizen population, not total population, so as to exclude the flow of immigrants through Ellis Island. A complex allocation formula was used to ensure that upstate areas would receive senate and assembly districts far in excess of their share of the overall population. Before the Supreme Court's influential one person, one vote decisions of the 1960s, the Republican Party would control the state assembly for sixty-six years and the state senate for fifty-seven.[17]
  • The State Forest Preserve was given perpetual protection as wild land.[18]
  • The State-owned Onondaga Salt Springs Reservation was allowed to be sold.
  • Convict labor in penal institutions was abolished.
  • The use of voting machines was allowed.
  • The first meeting of the annual legislative session was moved from the first Tuesday to the first Wednesday in January.

1915 Convention edit

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.[19] There were 168 delegates to the 1915 Convention. The delegates included: Elihu Root (the President of the Convention), Edgar T. Brackett, Jacob Brenner, Alphonso T. Clearwater, Patrick W. Cullinan, Seth Low, Louis Marshall, John Lord O'Brian, Herbert Parsons, Adolph J. Rodenbeck, Jacob Gould Schurman, Henry L. Stimson, George W. Wickersham, Franklin A. Coles, Harry E. Lewis, Meier Steinbrink, Harry Heyman, John F. Ahearn, Abraham Harawitz, Alfred E. Smith, Harry E. Oxford, Morgan J. O'Brien, John B. Stanchfield, James A. Foley, De Lancey Nicoll, William F. Sheehan, Thomas Francis Smith, 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, J. Sidney Bernstein, Nathan Burkan, Anthony J. Griffin, Louis F. Haffen, Francis W. Martin, George A. Blauvelt, Eugene Lamb Richards, Francis A. Winslow, Frank L. Young, Caleb H. Baumes, Lemuel E. Quigg, William Barnes Jr., Harold J. Hinman, Victor M. Allen, W. Barlow Dunlap, Louis M. Martin, Ray B. Smith, Israel T. Deyo, George E. Green, Jesse S. Phillips, James Wolcott Wadsworth, Frank M. Jones, Benjamin Rush Rhees, Homer E. A. Dick, Charles B. Sears, Matthias Endres, Frank W. Standart, 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[20]

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.[21]

1921 Judiciary Convention edit

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.[22]

Constitutional Convention of 1938 edit

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.[2]

There were 168 delegates to the Eighth Constitutional Convention of 1938. These included Alfred E. Smith (former Governor and presidential candidate), Hamilton Fish III (U.S. Representative), Robert F. Wagner, (U.S. senator), and Robert Moses (major builder as head of the Triborough Bridge Authority). The Convention was chaired by Frederick E. Crane, the Chief Judge of the State Court of Appeals. Governor Herbert Lehman appointed Charles Poletti to head a committee to gather information for the convention's use. The twelve-volume report they produced is called the "Poletti Report".[23]

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[24]

1967 Convention edit

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, and the voters approved it. 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 of the other Conventions, the candidates for membership ran in partisan elections of which the Democrats won a majority.[25] The Convention was chaired by Anthony Travia, the Speaker of the State Assembly.

Proposed changes included:

  • Expansion of individual citizens' rights
  • Repealing of the 19th Century 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, with other provisions being placed in a separate document that differed from normal statute, as it took two years to amend[26]

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.[27][28]

Amending the Constitution edit

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.[29]

See also edit

References edit

  1. ^ (PDF). Albany Law School. Archived from the original (PDF) on 2013-05-26. Retrieved 2010-04-26.
  2. ^ a b New York State Archives and Records Administration. "The Constitutional Convention of 1938". The Historical Society of the Courts of the State of New York. Retrieved August 2, 2012.
  3. ^ . www.dos.ny.gov. Archived from the original on 2020-10-16. Retrieved 2020-07-10.
  4. ^ Journals of the Provincial Congress, Provincial Convention, Committee of Safety, and Council of Safety of the State of New York, 1775, 1776 1777. Vol. I. Albany. 1842. pp. 892–898.
  5. ^ Nunez 1968, p. 366.
  6. ^ Thorpe, Francis Newton (1909). The Federal and State Constitutions Colonial Charters, and Other Organic Laws of the States, Territories, and Colonies Now or Heretofore Forming the United States of America, Compiled and Edited Under the Act of Congress of June 30, 1906. Washington, D.C.: Government Printing Office. [USMARC Cataloging Record]
  7. ^ Wilder, Craig Steven, A covenant with Color: Race and Social Power in Brooklyn 1636 – 1990, Columbia University Press, 2000.
  8. ^ Google Books The New York Civil List compiled by Franklin Benjamin Hough (Weed, Parsons and Co., 1858)
  9. ^ Miller, Douglas T. (1967). Jacksonian Aristocracy: Class and Democracy in New York, 1830–1860. New York: Oxford University Press. pp. 66–69.
  10. ^ Result in The Tribune Almanac for 1868 compiled by Horace Greeley of the "New York Tribune"
  11. ^ The Constitutional Convention in NYT on November 19, 1867
  12. ^ Frank Hiscock took the seat to which had been elected his brother L. Harris Hiscock who was murdered on June 4, 1867.
  13. ^ Complete list of delegates in New York Convention Manual issued by the Secretary of State's office, New York, 1867
  14. ^ Courts and Lawyers of New York: A History, 1609–1925 by Alden Chester & Edwin Melvin Williams (Vol. I; pg. 713ff, "The Constitutional Commission of 1872")
  15. ^ Journal of the Constitutional Convention of the State of New York 1894 (Albany, 1895; pg. 1)
  16. ^ see The Constitutional Convention of 1894 in The Evening Journal Almanac (1895; pg. 64f)
  17. ^ Seabrook, Nick (2022). One Person, One Vote: A Surprising History of Gerrymandering in America. New York: Pantheon Books. pp. 233–234. ISBN 9780593315866.
  18. ^ Article XIV of the New York State Constitution 2016-09-21 at the Wayback Machine begins: "The lands of the state, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be forever kept as wild forest lands. They shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed."
  19. ^ Nunez 1968, p. 369.
  20. ^ Documents of the Constitutional Convention of the State of New York, 1915, begun and held at the Capitol in the City of Albany on Tuesday the sixth day of April. Albany: J.B. Lyon Company. 1915. LCCN 16027146.
  21. ^ Nunez 1968, p. 370.
  22. ^ Nunez 1968, pp. 370–371.
  23. ^ Campbell, Douglas W. (1943). Constitution Making In A Democracy Theory And Practice In New York State. London: Oxford University Press.
  24. ^ Nunez 1968, p. 372.
  25. ^ Nunez 1968, p. 374.
  26. ^ Nunez 1968, p. 375.
  27. ^ Nunez 1968, p. 376.
  28. ^ New York State Archives and Records Administration. "The Constitutional Convention of 1967". The Historical Society of the Courts of the State of New York. Retrieved August 2, 2012.
  29. ^ Benjamin, Gerald; Briffault, Richard (March 2005). "Amending the New York State Constitution - Current Reform Issues" (PDF). The Philip Weinberg Forum. Albany: The Nelson A. Rockefeller Institute of Government. Retrieved August 2, 2012.
  • Nunez, Richard I. (1968). "New York State Constitutional Reform - Past Political Battles in Constitutional Language" (PDF). William & Mary Law Review. 2. 10: 366–377.

External links edit

  • Constitution (as of 2022) (PDF)
  • Reports of the Proceedings and Debates of the Convention of 1821

constitution, york, constitution, state, york, establishes, structure, government, state, york, enumerates, basic, rights, citizens, york, like, most, state, constitutions, united, states, york, constitution, provisions, tend, more, detailed, amended, more, of. 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 Like most state constitutions in the United States 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 s interpretation of federal provisions Constitution of the State of New YorkOverviewJurisdictionState of New YorkSubordinate toSupreme law of the United StatesFull textNew York Constitution at WikisourceThe 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 1 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 2 Contents 1 Current Constitution 1 1 Preamble 1 2 Article I Bill of Rights 1 3 Article II Suffrage 1 4 Article III Legislature 1 5 Article IV Executive 1 6 Article V Officers and Civil Departments 1 7 Article VI Judiciary 1 8 Article VII State Finances 1 9 Article VIII Local Finances 1 10 Article IX Local Governments 1 11 Article X Corporations 1 12 Article XI Education 1 13 Article XII Defense 1 14 Article XIII Public Officers 1 15 Article XIV Conservation 1 16 Article XV Canals 1 17 Article XVI Taxation 1 18 Article XVII Social Welfare 1 19 Article XVIII Housing 1 20 Article XIX Amendments to Constitution 1 21 Article XX When to Take Effect 2 Constitution of New York 1777 3 Constitutional Convention of 1801 4 Constitutional Convention of 1821 5 Constitutional Convention of 1846 6 Constitutional Convention of 1867 1868 7 Constitutional Commission of 1872 1873 8 Constitutional Convention of 1894 9 1915 Convention 10 1921 Judiciary Convention 11 Constitutional Convention of 1938 12 1967 Convention 13 Amending the Constitution 14 See also 15 References 16 External linksCurrent Constitution editNew York s constitution consists of a preamble and 20 articles It was last amended on January 1 2018 Preamble edit 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 edit 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 Some provisions included are freedom of speech a trial by jury freedom of worship habeas corpus and security against unreasonable search and seizures Article II Suffrage edit 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 edit Article III establishes the powers and limitations of the bicameral New York State Legislature 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 edit 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 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 has the lieutenant governor first in line and then the temporary president of the Senate Article V Officers and Civil Departments edit Article V describes the roles of the comptroller and attorney general as well as the operation of the civil departments of which there can be at most 20 Article VI Judiciary edit Article VI describes the judicial branch including the court systems 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 edit Article VIII Local Finances edit Article IX Local Governments edit Article X Corporations edit Article XI Education edit Article XII Defense edit Article XIII Public Officers edit Article XIV Conservation edit Article XV Canals edit Article XVI Taxation edit Article XVII Social Welfare edit Article XVIII Housing edit Article XIX Amendments to Constitution edit Article XX When to Take Effect edit Article XX describes the day that the constitution will take effect which is January 1 1939 3 Constitution of New York 1777 editThe 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 was established after the naval invasion and absorption of the previous Dutch Colony of New Netherlands The original proprietor was the Duke of York the future James II of England and James VII of Scotland and younger brother of the then King of England Charles II Its Colonial Charter was under authority from the Monarch the King or Queen of Great Britain of the Kingdom of England and later of Great Britain after the Act of Union of 1707 which united England and Wales and the formerly independent kingdom of ScotlandThe First Constitution of 1777 which replaced this Colonial Charter with its royal authority for the newly independent State of New York was framed by a Convention which assembled at White Plains New York just north of New York City on Sunday evening July 10 1776 The city was then threatened with a British occupation by an invading British Army landing on Staten Island There were repeated adjournments and changes of location caused by the increasingly desperate war situation with General George Washington s ragged Continental Army forced out of New York City 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 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 Robert R Livingston new Chancellor of the State of New York and Gouverneur Morris noted financier for the Revolutionary Colonial war effort 4 5 nbsp Wikisource has original text related to this article New York Constitution of 1777 This Constitution was a combination document containing its own Declaration of Independence from Great Britain and its Constitutional Law It called for a weak bicameral legislature Assembly and State Senate and a strong executive branch with a governor 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 the majority of the male New York population Slavery 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 now Bronx and Westchester counties six Ulster County 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 now the southern part of Orange County as well as Rockland County four Kings County two Richmond County two Tryon County now Montgomery County included all of New York State to the west to Lake Ontario and Lake Erie Charlotte County now Washington County included the present Clinton Essex Franklin and St Lawrence counties four Cumberland County 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 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 6 Constitutional Convention of 1801 editThe 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 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 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 William Floyd Ezra L Hommedieu Smith Thompson Daniel D Tompkins John Vernon Henry William P Van Ness and Vice President of the United States 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 John Jay the original author contributor of the 1777 Constitution meant it was given now to each member of the Council of Appointment and the Governor concurrently Constitutional Convention of 1821 edit nbsp Wikisource has original text related to this article New York Constitution of 1821 In 1821 the power struggle between Governor DeWitt Clinton and the Bucktails faction of the Democratic Republican Party 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 Daniel D Tompkins 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 Chief Justice of New York James Kent Chancellor of the New York Court of Chancery William W Van Ness Justice of the New York Supreme Court Jacob R Van Rensselaer Stephen Van Rensselaer James Tallmadge Jr Jonas Platt Peter A Jay Supporters who signed the new constitution included Martin Van Buren future Vice President and President Erastus Root Samuel Nelson Nathan Sanford Samuel Young Ogden EdwardsPeter R Livingston Alexander Sheldon Jacob Radcliff Peter Sharpe 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 who in 1817 became Acting Governor only until the election of a successor The Council of Appointment was abolished and the vast majority of formerly appointive offices were made elective State officeholders were elected by joint ballot of the Assembly and State Senate 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 John Jay 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 7 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 had held traveling circuit court Constitutional Convention of 1846 edit nbsp Wikisource has original text related to this article New York Constitution of 1846 nbsp Manual for the use of the Convention first page of list of delegatesThe 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 and 1876 presidential candidate who won popular vote but lost in electoral college to Rutherford B Hayes Levi S Chatfield William B Wright Michael Hoffman and William C Bouck were among the delegates 8 The changes in this version of the constitution were Provisions for tenants rights were added abolishing feudal tenures and outlawing leases lasting longer than twelve years See Article I Sections 12 and 14 These constitutional changes took place in response to the Anti Rent War 9 The Court of Chancery 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 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 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 editAccording 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 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 majority 10 The convention met in June at Albany New York adjourned on September 23 met again on November 12 11 and adjourned again in February 1868 Afterwards the draft was discussed in the New York State Legislature 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 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 William M Evarts George Opdyke George William Curtis Horace Greeley Ira Harris Martin I Townsend Charles Andrews Charles J Folger Augustus Frank Augustus Schell Henry C Murphy Homer A Nelson David L Seymour George F Comstock John Magee Sanford E Church Marshall B Champlain Teunis G Bergen William D Veeder John G Schumaker Stephen J Colahan Elbridge T Gerry Gideon J Tucker Samuel J Tilden Edwards Pierrepont James Brooks William Hitchman Abraham B Tappen B Platt Carpenter Erastus Corning Amasa J Parker Marius Schoonmaker Edwin A Merritt Leslie W Russell Thomas G Alvord Horatio Ballard Hobart Krum Ezra Graves Elbridge G Lapham Frank Hiscock 12 Seth Wakeman and Israel T Hatch were among the delegates 13 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 and six Associate Judges all elected statewide The Clerk of the New York Court of Appeals 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 editAfter the rejection of all amendments proposed by the Convention of 1867 68 except the judicial article Governor 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 George Opdyke Augustus Schell John D Van Buren Erastus Brooks Benjamin D Silliman George C Burdett Francis Kernan Elias W Leavenworth Daniel Pratt John F Hubbard Jr Barna R Johnson Lucius Robinson George B Bradley Van Rensselaer Richmond Lysander Farrar Lorenzo Morris and Sherman S Rogers 14 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 editOn 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 15 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 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 Augustus Frank 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 John Bigelow Frank T Fitzgerald Leonard A Giegerich Joseph Koch Gideon J Tucker M Warley Platzek Jacob Marks Andrew H Green Joseph I Green Stephen S Blake William Church Osborn Willard H Mase Roswell A Parmenter A Bleecker Banks Abram B Steele Chester B McLaughlin Elon R Brown Henry J Cookinham John C Davies Louis Marshall Milo M Acker Merton E Lewis I Sam Johnson Henry W Hill George Allen Davis and Charles J Kurth Major changes 16 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 Legislative voting districts were allocated among counties based on citizen population not total population so as to exclude the flow of immigrants through Ellis Island A complex allocation formula was used to ensure that upstate areas would receive senate and assembly districts far in excess of their share of the overall population Before the Supreme Court s influential one person one vote decisions of the 1960s the Republican Party would control the state assembly for sixty six years and the state senate for fifty seven 17 The State Forest Preserve was given perpetual protection as wild land 18 The State owned Onondaga Salt Springs Reservation was allowed to be sold Convict labor in penal institutions was abolished The use of voting machines was allowed The first meeting of the annual legislative session was moved from the first Tuesday to the first Wednesday in January 1915 Convention editUnder 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 19 There were 168 delegates to the 1915 Convention The delegates included Elihu Root the President of the Convention Edgar T Brackett Jacob Brenner Alphonso T Clearwater Patrick W Cullinan Seth Low Louis Marshall John Lord O Brian Herbert Parsons Adolph J Rodenbeck Jacob Gould Schurman Henry L Stimson George W Wickersham Franklin A Coles Harry E Lewis Meier Steinbrink Harry Heyman John F Ahearn Abraham Harawitz Alfred E Smith Harry E Oxford Morgan J O Brien John B Stanchfield James A Foley De Lancey Nicoll William F Sheehan Thomas Francis Smith 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 J Sidney Bernstein Nathan Burkan Anthony J Griffin Louis F Haffen Francis W Martin George A Blauvelt Eugene Lamb Richards Francis A Winslow Frank L Young Caleb H Baumes Lemuel E Quigg William Barnes Jr Harold J Hinman Victor M Allen W Barlow Dunlap Louis M Martin Ray B Smith Israel T Deyo George E Green Jesse S Phillips James Wolcott Wadsworth Frank M Jones Benjamin Rush Rhees Homer E A Dick Charles B Sears Matthias Endres Frank W Standart 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 20 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 21 1921 Judiciary Convention editOriginally 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 22 Constitutional Convention of 1938 editThe 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 2 There were 168 delegates to the Eighth Constitutional Convention of 1938 These included Alfred E Smith former Governor and presidential candidate Hamilton Fish III U S Representative Robert F Wagner U S senator and Robert Moses major builder as head of the Triborough Bridge Authority The Convention was chaired by Frederick E Crane the Chief Judge of the State Court of Appeals Governor Herbert Lehman appointed Charles Poletti to head a committee to gather information for the convention s use The twelve volume report they produced is called the Poletti Report 23 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 24 1967 Convention editIn 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 and the voters approved it 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 of the other Conventions the candidates for membership ran in partisan elections of which the Democrats won a majority 25 The Convention was chaired by Anthony Travia the Speaker of the State Assembly Proposed changes included Expansion of individual citizens rights Repealing of the 19th Century 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 with other provisions being placed in a separate document that differed from normal statute as it took two years to amend 26 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 27 28 Amending the Constitution editThe 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 yearsAny 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 29 See also editLaw of New YorkReferences edit Schaffer Law Library s Guide on the New York State Constitution PDF Albany Law School Archived from the original PDF on 2013 05 26 Retrieved 2010 04 26 a b New York State Archives and Records Administration The Constitutional Convention of 1938 The Historical Society of the Courts of the State of New York Retrieved August 2 2012 Constitution of The State of New York www dos ny gov Archived from the original on 2020 10 16 Retrieved 2020 07 10 Journals of the Provincial Congress Provincial Convention Committee of Safety and Council of Safety of the State of New York 1775 1776 1777 Vol I Albany 1842 pp 892 898 Nunez 1968 p 366 Thorpe Francis Newton 1909 The Federal and State Constitutions Colonial Charters and Other Organic Laws of the States Territories and Colonies Now or Heretofore Forming the United States of America Compiled and Edited Under the Act of Congress of June 30 1906 Washington D C Government Printing Office USMARC Cataloging Record Wilder Craig Steven A covenant with Color Race and Social Power in Brooklyn 1636 1990 Columbia University Press 2000 Google Books The New York Civil List compiled by Franklin Benjamin Hough Weed Parsons and Co 1858 Miller Douglas T 1967 Jacksonian Aristocracy Class and Democracy in New York 1830 1860 New York Oxford University Press pp 66 69 Result in The Tribune Almanac for 1868 compiled by Horace Greeley of the New York Tribune The Constitutional Convention in NYT on November 19 1867 Frank Hiscock took the seat to which had been elected his brother L Harris Hiscock who was murdered on June 4 1867 Complete list of delegates in New York Convention Manual issued by the Secretary of State s office New York 1867 Courts and Lawyers of New York A History 1609 1925 by Alden Chester amp Edwin Melvin Williams Vol I pg 713ff The Constitutional Commission of 1872 Journal of the Constitutional Convention of the State of New York 1894 Albany 1895 pg 1 see The Constitutional Convention of 1894 in The Evening Journal Almanac 1895 pg 64f Seabrook Nick 2022 One Person One Vote A Surprising History of Gerrymandering in America New York Pantheon Books pp 233 234 ISBN 9780593315866 Article XIV of the New York State Constitution Archived 2016 09 21 at the Wayback Machine begins The lands of the state now owned or hereafter acquired constituting the forest preserve as now fixed by law shall be forever kept as wild forest lands They shall not be leased sold or exchanged or be taken by any corporation public or private nor shall the timber thereon be sold removed or destroyed Nunez 1968 p 369 Documents of the Constitutional Convention of the State of New York 1915 begun and held at the Capitol in the City of Albany on Tuesday the sixth day of April Albany J B Lyon Company 1915 LCCN 16027146 Nunez 1968 p 370 Nunez 1968 pp 370 371 Campbell Douglas W 1943 Constitution Making In A Democracy Theory And Practice In New York State London Oxford University Press Nunez 1968 p 372 Nunez 1968 p 374 Nunez 1968 p 375 Nunez 1968 p 376 New York State Archives and Records Administration The Constitutional Convention of 1967 The Historical Society of the Courts of the State of New York Retrieved August 2 2012 Benjamin Gerald Briffault Richard March 2005 Amending the New York State Constitution Current Reform Issues PDF The Philip Weinberg Forum Albany The Nelson A Rockefeller Institute of Government Retrieved August 2 2012 Nunez Richard I 1968 New York State Constitutional Reform Past Political Battles in Constitutional Language PDF William amp Mary Law Review 2 10 366 377 External links editConstitution as of 2022 PDF Reports of the Proceedings and Debates of the Convention of 1821 Text of the 1777 Constitution Retrieved from https en wikipedia org w index php title Constitution of New York amp oldid 1190216303, wikipedia, wiki, book, books, library,

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