Amendments to the New York Constitution
Since 1777, the New York Constitution has been amended over 200 times. Some amendments affected more than one section of the constitution. Each square below represents when a section was changed by an amendment.
Scroll through the timeline to view amendments to the constitution by year and historical context for significant amendments.
Each block on this histogram represents a change—e.g., a substantive change, repeal & replace, or renumbering—to an individual section rather than an amendment. Some amendments result in multiple changes, resulting in multiple blocks being attributed to one amendment. Likewise, a section may be amended more than once in an year, but these amendments will only appear as one block on the histogram. When a block or blocks are marked red in a specific year, that means that a new constitution went into effect that year.
The New York Constitution & Its Amendments
Since 1777, New York has held eight constitutional conventions. Five of these conventions proposed significant changes to the entire constitution, while others proposed discrete constitutional amendments. Between conventions, voters have also adopted hundreds of amendments proposed by the legislature. The state has also regularly convened constitutional commissions to consider further amendments or prepare for conventions and convention votes.
The New York Constitution can be amended in two ways. First, the state legislature can refer proposed amendments to voters by passing them in two successive terms. The state’s voters can then choose to enact the proposals by majority vote. Second, New Yorkers have an opportunity every 20 years to vote on whether to call a constitutional convention, and the legislature can place a convention question on the ballot at other times as well. If voters approve the convention call, and the convention then proposes amendments or an entirely new constitution, those proposals are put on the ballot for New Yorkers to accept or reject by majority vote.
* Scholarly and government sources frequently refer to New York as having adopted four, or five, constitutions, depending on whether the result of the 1938 Convention is considered a new constitution. However, these post-1777 “constitutions” were never presented to voters as a new constitution; instead, these changes were proposed to voters as collections of amendments following constitutional conventions. At times, courts have referred to these post-convention changes as amendments; at other times, courts have described them as new constitutions. For more information, see 1821, 1846, 1894, and 1938.
New York State Capitol. Bluefill.
In 2026 the Constitution was Changed 1 Time
In 2025 the Constitution was Changed 1 Time
2024
State Equal Rights Amendment
In 2024, New Yorkers adopted an Equal Rights Amendment, which expanded the state’s Equal Protection Clause to bar discrimination based on ethnicity, national origin, age, disability, sex, sexual orientation, gender identity, gender expression, pregnancy status, pregnancy outcomes, reproductive healthcare, and autonomy. In expressly protecting pregnancy status, pregnancy outcomes, reproductive healthcare, and autonomy, New York joined a host of other states expressly constitutionalizing reproductive rights in the wake of the U.S. Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization.
National Woman's Party delegates of New York posed with Governor Al Smith. The delegation lobbied for national Equal Rights Amendment in 1924. Library of Congress.
In 2022 the Constitution was Changed 2 Times
2021
Green Amendment
In 2021, New York became the third state to include an environmental rights provision in its Bill of Rights (after Pennsylvania and Montana, other states include their environmental rights and protections provisions in other locations in their constitutions). The provision guarantees that "Each person shall have a right to clean air and water, and a healthful environment."
White Lake Brook in Sullivan County, New York. GK tramrunner RU.
In 2018 the Constitution was Changed 3 Times
Article Fourth. Section 7.
Membership in retirement systems; benefits not to be diminished nor impaired
Article XIV. Conservation Section 1.
Forest preserve to be forever kept wild; certain highways authorized
Article XIV. Conservation Section 6.
Public utility lines and bicycle paths in forest preserves
In 2015 the Constitution was Changed 4 Times
Article III. Section 4.
Readjustments and reapportionments; when federal census to control
Article III. Section 5.
Apportionment of assemblymen; creation of assembly districts
Article III. Section 5-b.
Independent redistricting commission
Article III. Section 15.
Manner of passing bills; message of necessity for immediate vote
2014
Redistricting Reform
Like other states, New York struggled with legislative control over redistricting and experienced growing public discontent about gerrymandering. The 1967 Constitutional Convention originally attempted to remedy this issue by proposing to create a bipartisan redistricting commission and to prohibit religious, racial, or political gerrymandering; however, voters rejected the constitution proposed by that convention. Nearly 50 years later, the electorate adopted an amendment establishing a bipartisan redistricting commission and an express anti-gerrymandering provision. The amendment was designed to “‘unequivocally’ reform the ‘redistricting process permanently’ by ‘providing transparency to a process cloaked in secrecy’ and respite from ‘legal challenges to partisan gerrymandering.’”
Despite this amendment, the 2022 redistricting process (the first to be conducted under the provisions enacted by the 2014 amendment) failed to live up the hopes of those who advocated for redistricting reform. The bipartisan redistricting commission deadlocked on party lines, allowing the Democrat-controlled legislature to adopt its own gerrymandered maps. The New York Court of Appeals ordered the trial court to adopt new maps to govern the 2022 mid-term elections. Following a second decision from the New York Court of Appeals holding that the commission failed to meet its constitutional obligations when it did not submit a second set of maps (due to the Republican members refusing to attend meetings, thus depriving the commission of quorum), new maps adopted in 2024. Despite a slight Democratic lean, Republicans did not challenge the maps in court.
In 2014 the Constitution was Changed 4 Times
Article I. Section 10.
Right to assemble and petition; divorce; lotteries; pool-selling and gambling; laws to prevent; pari-mutuel betting on horse races permitted; games of chance, bingo or lotto authorized under certain restrictions
Article Fourth. Section 6.
Civil service appointments and promotions; veterans’ credits
Article VIII. Section 5.
Ascertainment of debt-incurring power of counties, cities, towns and villages; certain indebtedness to be excluded
Article XIV. Conservation Section 1.
Forest preserve to be forever kept wild; certain highways authorized
In 2010 the Constitution was Changed 2 Times
In 2009 the Constitution was Changed 1 Time
In 2008 the Constitution was Changed 1 Time
In 2004 the Constitution was Changed 1 Time
In 2002 the Constitution was Changed 53 Times
Article I. Section 1.
Rights, privileges and franchise secured; power of legislature to dispense with primary elections in certain cases
Article I. Section 3.
Freedom of worship; religious liberty
Article I. Section 6.
Grand jury; protection of certain enumerated rights; duty of public officers to sign waiver of immunity and give testimony; penalty for refusal
Article I. Section 8.
Freedom of speech and press; criminal prosecutions for libel
Article I. Section 10.
Right to assembly and petition; divorces; lotteries, pool-selling and gambling, laws to prevent
Article I. Section 11.
Equal protection of laws; discrimination in civil rights prohibited
Article I. Section 17.
Labor not a commodity; hours and wages in public work; right to organize and bargain collectively
Article I. Section 19.
Workers' compensation
Article Second. Section II.
Persons excluded from the right of suffrage
Article Second. Section 3.
Certain occupations and conditions not to affect residence
Article Second. Section 6.
Permanent registration
Article Second. Section 9.
Presidential elections; special voting procedures authorized
Article III. Section 2.
Number and terms of senators and assemblymen
Article III. Section 6.
Compensation, allowances and traveling expenses of members
Article III. Section 15.
Manner of passing bills
Article III. Section 29.
Prison labor; contract system abolished
Article Third. Section II.
Qualifications of governor and lieutenant-governor
Article Third. Section IV.
Powers and duties of governor; compensation
Article Third. Section V.
Reprieves, commutations and pardons; powers and duties of governor relating to grants of
Article Third. Section VI.
When lieutenant-governor to act as governor
Article Third. Section VII.
Duties and compensation of lieutenant-governor; succession to the governorship
Article Third. Section 9.
Action by governor on legislative bills; reconsideration after veto
Article Fourth. Section 1.
Comptroller and attorney-general; payment of state moneys without audit void
Article Fourth. Section 6.
Civil service appointments and promotions
Article VI. Judiciary Section 2.
Court of appeals; organization; designations; vacancies, how filled; commission on judicial nomination
Article VI. Judiciary Section 3.
Court of appeals; jurisdiction
Article VI. Judiciary Section 4.
Judicial departments; appellate divisions, how constituted; governor to designate justices; temporary assignments; jurisdiction
Article VI. Judiciary Section 20.
Judges and justices; qualifications; eligibility for other office or service; restrictions
Article VI. Judiciary Section 22.
Commission on judicial conduct; composition; organization and procedure; review by court of appeals; discipline of judges or justices
Article VI. Judiciary Section 23.
Removal of judges
Article VI. Judiciary Section 24.
Court for trial of impeachments; judgment
Article VI. Judiciary Section 25.
Judges and justices; compensation; retirement
Article VI. Judiciary Section 26.
Temporary assignments of judges and justices
Article VI. Judiciary Section 27.
Supreme court; extraordinary terms
Article VI. Judiciary Section 28.
Administrative supervision of court system
Article VI. Judiciary Section 30.
Legislative power over jurisdiction and proceedings; delegation of power to regulate practice and procedure
Article VI. Judiciary Section 35.
Certain courts abolished; transfer of judges, court personnel, and actions and proceedings to other courts
Article VII. Section 1.
Estimates by departments, the legislature and the judiciary of needed appropriations; hearings
Article VII. Section 2.
Executive budget
Article VII. Section 3.
Budget bills; appearances before legislature
Article VII. Section 4.
Action on budget bills by legislature; effect thereof
Article VII. Section 9.
Gift or loan of state credit or money prohibited; exceptions for enumerated purposes
Article VII. Section 15.
Sinking funds; how kept and invested; income therefrom and application thereof
Article IX. Local Governments Section 1.
Bill of rights for local governments
Article IX. Local Governments Section 2.
Powers and duties of legislature; home rule powers of local governments; statute of local governments
Article XV. Section 8.
Vacancies in office; how filled; boards of education
Article XV. Section 12.
Compensation of officers
Article XV. Section 13.
Law enforcement and other officers
Article XVI. Taxation Section 5.
Compensation of public officers and employees subject to taxation
Article XVI. Taxation Section 6.
Public improvements or services; contract of indebtedness; creation of public corporations
Article XVII. Social Welfare Section 4.
Care and treatment of persons suffering from mental disorder or defect; visitation of institutions for
Article XIV. Section 1.
Amendments to constitution; how proposed, voted upon and ratified; failure of attorney-general to render opinion not to affect validity
Article XIV. Section 2.
Future constitutional conventions; how called; election of delegates; compensation; quorum; submission of amendments; officers; employees; rules; vacancies
2001
Gender-Neutral Language
Like the U.S. Constitution, the New York Constitution contained gendered language, including in the provisions describing the duties and powers of the governor and the election of and restrictions on members of the legislature. These provisions did not prevent women from enjoying the protections of the constitution or running of office—the first female state legislator was elected in New York in 1918, the same year women were first allowed to vote. Nonetheless, Assemblywoman Sandra Galef, who pushed for an amendment to make the constitution gender-neutral, called the gendered constitution “old-fashioned” and “so behind the times.” Voters approved the amendment, resulting in “more than 170 minor changes to the [constitution’s] wording.”
In 2000 the Constitution was Changed 1 Time
In 1998 the Constitution was Changed 1 Time
In 1996 the Constitution was Changed 5 Times
Article Second. Section I.
Qualifications of voters
Article Second. Section III.
Registration and election laws to be passed
Article Second. Section 6.
Permanent registration
Article Second. Section 6.
Bi-partisan registration and election boards
Article XIV. Conservation Section 1.
Forest preserve to be forever kept wild; certain highways authorized
In 1994 the Constitution was Changed 6 Times
Article VII. Section 12.
State debts generally; manner of contracting; referendum
Article VII. Section 12.
State debts generally; how paid; contribution to sinking funds; restrictions on use of bond proceeds
Article VII. Section 13.
Refund of state debts
Article VII. Section 16.
Payment of state debts; when comptroller to pay without appropriation
Article VIII. Section 2.
Restrictions on indebtedness of local subdivisions; contracting and payment of local indebtedness; exceptions
Article VIII. Section 5.
Ascertainment of debt-incurring power of counties, cities, towns and villages; certain indebtedness to be excluded
In 1992 the Constitution was Changed 5 Times
Article X. Corporations Section 7.
Liability of state on bonds of a public corporation to finance new industrial or manufacturing plants in depressed areas
Article XIV. Conservation Section 1.
Forest preserve to be forever kept wild; certain highways authorized
Article XV. Canals Section 1.
Disposition of canals and canal properties prohibited
Article XV. Canals Section 2.
Prohibition inapplicable to lands and properties no longer useful; disposition authorized
Article XV. Canals Section 3.
Contracts for work and materials; special revenue fund
In 1990 the Constitution was Changed 1 Time
In 1989 the Constitution was Changed 2 Times
In 1986 the Constitution was Changed 5 Times
Article VI. Judiciary Section 3.
Court of appeals; jurisdiction
Article VII. Section 9.
State credit not to be given
Article VIII. Section 2.
Restrictions on indebtedness of local subdivisions; contracting and payment of local indebtedness; exceptions
Article VIII. Section 10.
Limitations on amount to be raised by real estate taxes for local purposes; exceptions
Article X. Corporations Section 7.
Liability of state on bonds of a public corporation to finance new industrial or manufacturing plants in depressed areas
In 1985 the Constitution was Changed 2 Times
In 1984 the Constitution was Changed 7 Times
Article VI. Judiciary Section 11.
County court; jurisdiction
Article VI. Judiciary Section 15.
New york city; city-wide courts; jurisdiction
Article VI. Judiciary Section 16.
District courts; jurisdiction; judges
Article VI. Judiciary Section 26.
Temporary assignments of judges and justices
Article X. Corporations Section 3.
Savings bank charters; savings and loan association charters; special charters not to be granted
Article XIV. Conservation Section 1.
Forest preserve to be forever kept wild; certain highways authorized
Article XVI. Taxation Section 6.
Public improvements or services; contract of indebtedness; creation of public corporations
In 1982 the Constitution was Changed 2 Times
In 1980 the Constitution was Changed 1 Time
In 1978 the Constitution was Changed 17 Times
Article VI. Judiciary Section 1.
Unified court system; organization; process
Article VI. Judiciary Section 2.
Court of appeals; organization; designations; vacancies, how filled; commission on judicial nomination
Article VI. Judiciary Section 7.
Supreme court; jurisdiction
Article VI. Judiciary Section 8.
Appellate terms; composition; jurisdiction
Article VI. Judiciary Section 11.
County court; jurisdiction
Article VI. Judiciary Section 20.
Judges and justices; qualifications; eligibility for other office or service; restrictions
Article VI. Judiciary Section 22.
Commission on judicial conduct; composition; organization and procedure; review by court of appeals; discipline of judges or justices
Article VI. Judiciary Section 22.
Commission on judicial conduct; composition; organization and procedure; review by court of appeals; discipline of judges or justices
Article VI. Judiciary Section 26.
Temporary assignment of judges and justices
Article VI. Judiciary Section 28.
Administrative supervision of court system
Article VI. Judiciary Section 28.
Administrative supervision of court system
Article VI. Judiciary Section 29.
Expenses of court
Article VI. Judiciary Section 30.
Legislative power over jurisdiction and proceedings; delegation of power to regulate practice and procedure
Article VI. Judiciary Section 36-a.
Effective date of certain amendments to articles VI and VII
Article VII. Section 1.
Estimates by departments, the legislature and the judiciary of needed appropriations; hearings
Article VII. Section 9.
State credit not to be given
Article XV. Section 8.
Vacancies in office, how filled
1977
Judicial Reform & Other Amendments
In 1977, the constitution’s 200th anniversary, voters approved an amendment to make Court of Appeals judgeships appointed, rather than elected, positions. Four of the eight amendments on the ballot that year related to judicial reform, but the amendment to give the governor the power to appoint judges to the Court of Appeals was the “most controversial.” Proponents argued that the system, which also involved a judicial nominating commission and Senate confirmation, would “insure that the judges are qualified and ‘nonpolitical,’” while opponents worried that the amendment would simply encourage “powerful politicians, who have always controlled judicial elections,” to “shift their emphasis to the appointment process.” The amendment was proposed in the wake of several hotly contested elections in 1972, 1973, and 1974, during which judges were required to campaign and run television advertisements, something that supporters of the amendment thought turned judges into "commodities." Opponents argued that there was no evidence that appointments yielded better judges and that the political nature of the appointments would prevent the nomination of "people of top drawer talent."
Voters also approved amendments creating a commission on judicial conduct, increasing pension benefits to widows and widowers of those in the state retirement system, and allowing local governing bodies to fill vacancies on boards of education. They rejected four other amendments as well as the periodic call for a constitutional convention.
The New York Court of Appeals hearing oral argument in 2009. Tracy Collins.
In 1976 the Constitution was Changed 5 Times
Article I. Section 10.
Right to assembly and petition; divorces; lotteries, pool-selling and gambling, laws to prevent
Article III. Section 18.
Extraordinary sessions of the legislature; power to convene on legislative initiative
Article Third. Section IV.
Duties and powers of governor; compensation
Article VI. Judiciary Section 22.
Commission on judicial conduct; composition; organization and procedure; review by court of appeals; discipline of judges or justices
Article VI. Judiciary Section 36-c.
Effective date of certain amendments to article VI, section 22
In 1974 the Constitution was Changed 6 Times
Article I. Section 6.
Bill of rights
Article VI. Judiciary Section 13.
Family court; organization; jurisdiction
Article VII. Section 9.
State credit not to be given
Article VIII. Section 5.
Ascertainment of debt-incurring power of counties, cities, towns and villages; certain indebtedness to be excluded
Article XIV. Conservation Section 3.
Forest and wild life conservation; use or disposition of certain lands authorized
Article XVII. Social Welfare Section 5.
Institutions for detention of criminals; probation; parole; state commission of correction
In 1973 the Constitution was Changed 1 Time
In 1970 the Constitution was Changed 5 Times
Article III. Section 5-a.
Definition of inhabitants
Article X. Corporations Section 7.
Liability of state on bonds of a public corporation to finance new industrial or manufacturing plants in depressed areas
Article XIV. Conservation Section 4.
Protection of natural resources; development of agricultural lands
Article XIV. Conservation Section 4.
Violations of article; how restrained
Article XVII. Social Welfare Section 7.
Loans for hospital construction
1969
Environmental Protection
In 1969, the electorate approved an amendment originally proposed by the 1967 Constitutional Convention: a “Conservation Bill of Rights.” The amendment declared that the conservation and protection of the state’s natural resources and scenic beauty was the policy of the state. The amendment also altered the constitution’s “Forever Wild” provision to establish a state nature and historic preserve. Marking the constitution’s 200th anniversary in 1977, one commentator remarked that the document “protects all, even the mountains!”
In 2021, New York voters once again approved an amendment to protect the environment when the electorate approved the state’s “Green Amendment,” guaranteeing that “Each person shall have a right to clean air and water, and a healthful environment.”
Lake Kirsty, Tifft Nature Preserve, Buffalo, New York. Andre Carrotflower.
1967
Eighth Constitutional Convention
The 1967 Constitutional Convention—the state’s eighth—produced a new proposed constitution, intended to update the state’s constitutional law so that the state wouldn’t be “stuck with” an “archaic” document until the next time New Yorkers had the opportunity to vote on the automatic convention call. The Democratic majority at the convention favored drafting a new constitution while the Republican majority had favored making more discrete amendments to the existing constitution. Although Democrats won that battle, sentiment across the political spectrum was mixed on the final proposed constitution. As one newspaper put it, “Vote Maybe On Constitution.”
One of the most controversial differences between the existing constitution and the convention’s proposed constitution was the omission of the “Blaine Amendment,” which prohibited direct or indirect government aid to educational institutions “wholly or in part under the direction of any religious denomination.” Concerns about the projected growth of state expenditures and about allowing the legislature to take out bonds without voter approval also produced “a deeply divisive constitution debate.” In addition, despite restructuring the courts, the proposed constitution failed to satisfy proponents of court reform, with one observer commenting that “[t]he dream of wholesale court reform has been killed.” Of particular note was the failure to adopt a merit-based method of judicial selection.
Ultimately, voters rejected the proposed constitution by a three-to-one margin.
In 1967 the Constitution was Changed 5 Times
Article I. Section 10.
Right to assembly and petition; divorces; lotteries, pool-selling and gambling, laws to prevent
Article Second. Section I.
Qualification of voters
Article Second. Section III.
Registration and election laws to be passed
Article VI. Judiciary Section 25.
Judges and justices; compensation; retirement
Article VII. Section 9.
State credit not to be given
In 1966 the Constitution was Changed 5 Times
Article VIII. Section 1.
Gift or loan of property or credit of local subdivisions prohibited; exceptions for enumerated purposes
Article XV. Section 8.
Election and term of city and certain county officers
Article XIV. Conservation Section 1.
Forest preserve to be forever kept wild; certain highways authorized
Article XVIII. Housing Section 1.
Housing and nursing home accommodations for persons of low income; slum clearance
Article XVIII. Housing Section 2.
Idem; powers of legislature in aid of
In 1965 the Constitution was Changed 6 Times
Article I. Section 7.
Compensation for taking private property; private roads; drainage of agricultural lands
Article III. Section 6.
Compensation of members
Article III. Section 18.
Cases in which private or local bills shall not be passed
Article III. Section 19.
Private claims not to be audited by legislature; claims barred by lapse of time
Article Fourth. Section 6.
Civil service appointments and promotions
Article VII. Section 2.
Executive budget
In 1964 the Constitution was Changed 32 Times
Article I. Section 7.
Compensation for taking private property; private roads; drainage of agricultural lands
Article Second. Section 1a.
Absentee voting
Article Second. Section 9.
Presidential elections; special voting procedures authorized
Article III. Section 10.
Powers of each house
Article III. Section 18.
Restrictions on the legislature respecting the making or use of profits by municipal corporations operating certain utility services
Article III. Section 25.
Emergency governmental operations; legislature to provide for
Article Third. Section IV.
Duties and powers of governor; compensation
Article Third. Section VI.
When lieutenant-governor to act as governor
Article Third. Section VII.
Qualifications and duties of lieutenant-governor; succession to the governorship
Article VIII. Section 1.
Counties, cities and towns not to give or loan money or credit
Article VIII. Section 5.
Ascertainment of debt-incurring power of counties, cities, towns and villages; certain indebtedness to be excluded
Article VIII. Section 12.
Powers of local governments to be restricted; further limitations on contracting local indebtedness authorized
Article IX. Local Governments Section 1.
Counties; organization and government; restrictions on legislature with respect to laws affecting
Article IX. Local Governments Section 2.
Counties; alternative forms of government for; effect of adoption thereof
Article IX. Local Governments Section 3.
Existing laws to remain applicable
Article IX. Local Governments Section 4.
Further powers of local legislation and administration for counties; county auditors
Article IX. Local Governments Section 7.
Appointment or election of county officers when not provided for by constitution
Article IX. Local Governments Section 9.
Cities and villages; organization; powers to be restricted
Article IX. Local Governments Section 10.
Extra compensation prohibited
Article IX. Local Governments Section 11.
Passage of special city laws prohibited; exceptions
Article IX. Local Governments Section 12.
Powers of cities to enact local laws relating to property, affairs or government
Article IX. Local Governments Section 13.
Existing laws to remain applicable; reservation of power in legislature over certain matters
Article IX. Local Governments Section 14.
Annexation of territory to cities
Article IX. Local Governments Section 15.
Election of city officers and certain county officers to be held in odd-numbered years
Article IX. Local Governments Section 16.
Villages of five thousand or more; home rule for; duty of and restrictions on legislature respecting
Article IX. Local Governments Section 1.
Bill of rights for local governments
Article IX. Local Governments Section 2.
Powers and duties of the legislature; home rule powers of local governments; statute of local governments
Article IX. Local Governments Section 3.
Existing laws to remain applicable; construction; definitions
Article XV. Section 12.
Compensation of officers
Article XV. Section 13.
Law enforcement and other officers
Article XV. Section 14.
Employees of, and contractors for, the state and local governments; wages, hours and other provisions to be regulated by legislature
Article XIV. Conservation Section 1.
Forest preserve to be forever kept wild; certain highways authorized
In 1963 the Constitution was Changed 22 Times
Article I. Section 11.
Sovereignty in real property; escheats
Article I. Section 16.
Indian lands
Article I. Section 18.
Royal grants and charters preserved
Article III. Section 3.
Senate districts
Article III. Section 3.
Senate districts
Article Fourth. Section 8.
Certain offices abolished
Article IX. Section 1.
Education funds preserved; how applied
Article IX. Section 4.
Use of public property or money in aid of denominational schools prohibited; transportation of children authorized
Article XI.
Article XII. Defense
Defense
Article XII. Defense Section 1.
Defense; militia
Article XV. Section 1.
Bribery of public officers
Article XV. Section 2.
Bribery, how punished
Article XV. Section 3.
Accused a competent witness in his own behalf
Article XV. Section 5.
Free passes, franking privileges, etc., not to be received by public officers; penalty
Article XV. Section 6.
Duration of term of office
Article XV. Section 7.
Time of election
Article XV. Section 8.
Vacancies in office, how filled
Article XV. Section 9.
Political year and legislative term
Article XV. Section 10.
Removal from office for misconduct
Article XV. Section 11.
When office to be deemed vacant; legislature may declare
Article XV. Section 12.
Compensation of officers
In 1962 the Constitution was Changed 45 Times
Article Fourth. Section 2.
Civil departments in the state government
Article Fourth. Section 3.
Assignment of functions
Article Fourth. Section 4.
Departments heads
Article Fifth.
Article VI. Judiciary
Judiciary
Article VI. Judiciary Section 1.
Unified court system; organization; process
Article VI. Judiciary Section 2.
Court of appeals; organization; designations; vacancies, how filled; commission on judicial nomination
Article VI. Judiciary Section 3.
Court of appeals; jurisdiction
Article VI. Judiciary Section 4.
Judicial departments; appellate divisions, how constituted; governor to designate justices; temporary assignments; jurisdiction
Article VI. Judiciary Section 5.
Appeals from judgment or order; new trial
Article VI. Judiciary Section 6.
Judicial districts; how constituted; supreme court
Article VI. Judiciary Section 7.
Supreme court; jurisdiction
Article VI. Judiciary Section 8.
Appellate terms; composition; jurisdiction
Article VI. Judiciary Section 9.
Court of claims; jurisdiction
Article VI. Judiciary Section 10.
County courts; judges
Article VI. Judiciary Section 11.
County court; jurisdiction
Article VI. Judiciary Section 12.
Surrogate's courts; judges; jurisdiction
Article VI. Judiciary Section 13.
Family court; organization; jurisdiction
Article VI. Judiciary Section 14.
Discharge of duties of more than one judicial office by same judicial officer
Article VI. Judiciary Section 15.
New york city; city-wide courts; jurisdiction
Article VI. Judiciary Section 16.
District courts; jurisdiction; judges
Article VI. Judiciary Section 17.
Town, village and city courts; jurisdiction; judges
Article VI. Judiciary Section 18.
Trial by jury; trial without jury; claims against state
Article VI. Judiciary Section 19.
Transfer of actions and proceedings
Article VI. Judiciary Section 20.
Judges and justices; qualifications; eligibility for other office or service; restrictions
Article VI. Judiciary Section 21.
Vacancies; how filled
Article VI. Judiciary Section 22.
Commission on judicial conduct; composition; organization and procedure; review by court of appeals; discipline of judges or justices
Article VI. Judiciary Section 23.
Removal of judges
Article VI. Judiciary Section 24.
Court for trial of impeachments; judgment
Article VI. Judiciary Section 25.
Judges and justices; compensation; retirement
Article VI. Judiciary Section 26.
Temporary assignments of judges and justices
Article VI. Judiciary Section 27.
Supreme court; extraordinary terms
Article VI. Judiciary Section 28.
Administrative supervision of court system
Article VI. Judiciary Section 29.
Expenses of courts
Article VI. Judiciary Section 30.
Legislative power over jurisdiction and proceedings; delegation of power to regulate practice and procedure
Article VI. Judiciary Section 31.
Inapplicability of article to certain courts
Article VI. Judiciary Section 32.
Custodians of children to be of same religious persuasion
Article VI. Judiciary Section 33.
Existing laws; duty of legislature to implement article
Article VI. Judiciary Section 34.
Pending appeals, actions and proceedings; preservation of existing terms of office of judges and justices
Article VI. Judiciary Section 35.
Certain courts abolished; transfer of judges, court personnel, and actions and proceedings to other courts
Article VI. Judiciary Section 36.
Pending civil and criminal cases
Article VI. Judiciary Section 37.
Effective date of article
Article VII. Section 9.
State credit not to be given
Article X. Corporations Section 7.
Liability of state for obligations of the port of New York authority for railroad commuter cars; limitations
Article X. Corporations Section 7.
Liability of state for obligations of the port of new york authority for railroad commuter cars; limitations
1961
Unified Court System
In 1961, voters adopted an amendment creating a unified court system. The amendment reduced the number of courts, consolidating some of the state’s more specialized courts and allowing District and City Courts to replace other lower courts. District and City Courts have concurrent jurisdiction with County Courts (unlimited criminal jurisdiction, civil jurisdiction limited to cases involving amount in controversy up to $25,000) and State Supreme Courts (unlimited jurisdiction), but they only hear cases with smaller amounts in controversy, small claims matters, and lesser crimes. The entire court system was to be governed by administrative policies established by a board of five judges, who also had the responsibility to make budget requests. All judges, except those serving on district or local courts, were required to serve full time and, non-lawyers could only serve in town and village courts.
Proponents of the amendment argued that the state’s existing system of courts, which varied by geography, jurisdiction, and administration, was needlessly fragmentary and confusing. They also contended that requiring most judges to serve full time would promote judicial expertise. Opponents warned that a unified system wouldn’t necessarily reduce delays (an ongoing challenge for the existing court system) and could make them worse during the transition, and they worried that the amendment’s changes might threaten judicial independence and replace town and village court judges with district court judges who may not be members of the community.
Executive Departments
Voters also adopted an amendment limiting the number of executive departments to 20 and allowing the legislature to "assign by law new powers and functions to departments, officers, boards, commissions or executive offices of the governor, and increase, modify or diminish their powers and functions." This resulted in no substantive change to the number of executive departments but provided flexibility on their names.
New York City Court. Norbert Nagel.
In 1960 the Constitution was Changed 8 Times
Article I. Section 1.
Persons not to be disfranchised
Article I. Section 6.
Bill of rights
Article III. Section 20.
Tax laws to state tax and object distinctly; definition of income for income tax purposes by reference to federal laws authorized
Article Fourth. Section 2.
Departments in state government
Article VIII. Section 1.
Counties, cities and towns not to give or loan money or credit
Article VIII. Section 1.
Counties, cities and towns not to give or loan money or credit
Article XIV. Conservation Section 1.
Forest preserve to be forever kept wild; certain highways authorized
Article XV. Canals Section 4.
Lease or transfer to federal government of barge canal system authorized
In 1959 the Constitution was Changed 9 Times
Article VII. Section 10.
Short term state debts in anticipation of taxes, revenues and proceeds of sale of authorized bonds
Article IX. Local Governments Section 1.
Counties; organization and government; restrictions on legislature with respect to laws affecting
Article IX. Local Governments Section 2.
Counties; alternative forms of government for; effect of adoption thereof
Article IX. Local Governments Section 3.
Existing laws to remain applicable
Article IX. Local Governments Section 4.
Further powers of local legislation and administration for counties; county auditors
Article IX. Local Governments Section 5.
Sheriffs, clerks of counties, district attorneys; registers; power of removal
Article IX. Local Governments Section 8.
Powers of the city of new york over certain county officers; restrictions on legislature; appointment or election of officers generally when not provided for by constitution
Article IX. Local Governments Section 9.
Cities and villages; organization; powers to be restricted
Article IX. Local Governments Section 13.
Existing laws to remain applicable; reservation of power in legislature over certain matters
In 1958 the Constitution was Changed 6 Times
Article I. Section 10.
Right to assembly and petition; divorces; lotteries, pool-selling and gambling, laws to prevent
Article VII. Section 19.
State debt for expansion of state university
Article XIV. Conservation Section 1.
Forest preserve to be forever kept wild; certain highways authorized
Article XIV. Conservation Section 3.
Wild life conservation and reforestation
Article XVIII. Housing Section 3.
Article VII to apply to state debts under this article, with certain exceptions; amortization of state debts; capital and periodic subsidies
Article XVIII. Housing Section 5.
Liability for certain loans made by the state to certain public corporations
In 1956 the Constitution was Changed 6 Times
Article Second. Section 1a.
Absent voters
Article Second. Section III.
Registration and election laws to be passed
Article Fourth. Section 1.
Comptroller and attorney-general; election, terms
Article Fifth. Section 19.
General provisions as to judges
Article VIII. Section 2-a.
Local indebtedness for water supply, sewage and drainage facilities and purposes; allocations and exclusions of indebtedness
Article XVIII. Housing Section 3.
Article VII to apply to state debts under this article, with certain exceptions; capital and periodic subsidies
In 1954 the Constitution was Changed 17 Times
Article Third. Section I.
Executive power; election and terms of governor and lieutenant-governor
Article Third. Section IV.
Duties and powers of governor; compensation
Article Third. Section VII.
Qualifications and duties of lieutenant-governor; succession to the governorship
Article Fourth. Section 1.
Comptroller and attorney-general; election, terms
Article Fifth. Section 1.
Supreme court; how constituted
Article Fifth. Section 2.
Judicial departments
Article Fifth. Section 14.
County courts
Article Fifth. Section 14a.
Article Fifth. Section 15a.
Article Fifth. Section 16.
Vacancies in office of certain judges, how filled
Article VIII. Section 2.
Restrictions on indebtedness of local subdivisions; contracting and payment of local indebtedness; exceptions
Article VIII. Section 5.
Ascertainment of debt-incurring power of counties, cities, towns and villages; certain indebtedness to be excluded
Article VIII. Section 7.
Debt incurring power of New York city; certain additional indebtedness to be excluded
Article VIII. Section 10.
Limitations on amount to be raised by real estate taxes for local purposes; exceptions
Article VIII. Section 10.
Limitations on amount to be raised by real estate taxes for local purposes; exceptions
Article VIII. Section 10a.
Application and use of revenues: certain public improvements
Article XIV. Conservation Section 2.
Reservoirs
1953
Joint Election of the Governor and Lieutenant Governor
In 1953, New Yorkers voted on nine amendments, one of which provided for the joint election of governor and lieutenant governor. Previously, these two offices were elected separately, which raised the possibility of the governor and lieutenant governor being affiliated with different political parties. Proponents of the amendment saw it as a “safeguard against confusion and divided councils if the office of Governor became vacant” and put “the responsibility on party in the event of emergency.”
In 1952 the Constitution was Changed 11 Times
Article Second. Section I.
Qualifications of voters
Article Second. Section III.
Registration and election laws to be passed
Article Fifth. Section 9.
Court of appeals; jurisdiction limited
Article Fifth. Section 15.
City court of new york city
Article Fifth. Section 19.
General provisions as to judges
Article VII. Section 9.
State credit not to be given
Article VIII. Section 4.
Limitations of local indebtedness
Article VIII. Section 5.
Ascertainment of debt-incurring power of counties, cities, towns and villages; certain indebtedness to be excluded
Article VIII. Section 7.
Debt incurring power of new york city; certain additional indebtedness to be excluded
Article VIII. Section 11.
Taxes for certain capital expenditures to be excluded from tax limitation
Article X. Corporations Section 6.
Liability of state for payment of bonds of public corporation to construct state thruways; use of state canal lands and properties
In 1950 the Constitution was Changed 13 Times
Article I. Section 6.
Bill of rights
Article Third. Section VI.
When lieutenant-governor to act as governor
Article Fourth. Section 9.
Civil service appointments and promotion
Article Fourth. Section 6.
Civil service appointments and promotions
Article Fifth. Section 23.
Board or court of claims
Article VII. Section 18.
Bonus on account of service of certain veterans in World War II
Article VIII. Section 2.
Restrictions on indebtedness of local subdivisions; contracting and payment of local indebtedness; exceptions
Article VIII. Section 5.
Ascertainment of debt-incurring power of counties, cities, towns and villages; certain indebtedness to be excluded
Article VIII. Section 7.
Debt incurring power of new york city; certain additional indebtedness to be excluded
Article VIII. Section 10.
Limitations on amount to be raised by real estate taxes for local purposes; exceptions
Article VIII. Section 10a.
Application and use of revenues: certain public improvements
Article VIII. Section 11.
Taxes for certain capital expenditures to be excluded from tax limitation
Article XVIII. Housing Section 4.
Powers of cities, towns and villages to contract indebtedness in aid of low rent housing and slum clearance projects; restrictions thereon
In 1948 the Constitution was Changed 6 Times
Article Second. Section 1a.
Absent voters
Article III. Section 6.
Compensation of members
Article Fifth. Section 1.
Supreme court; how constituted
Article Fifth. Section 9a.
Article VII. Section 18.
Bonus on account of service of certain veterans in World War II
Article XIV. Conservation Section 1.
Forest preserve to be forever kept wild; certain highways authorized
In 1946 the Constitution was Changed 6 Times
Article Second. Section I.
Qualification of voters
Article III. Section 4.
Enumerations and reapportionments
Article III. Section 5.
Apportionment of assemblymen; creation of assembly districts
Article Third. Section VII.
Qualifications and duties of lieutenant-governor; succession to the governorship
Article Fourth. Section 9.
Civil service appointments and promotions
Article IX. Local Governments Section 1.
Counties; organization and government; restrictions on legislature with respect to laws affecting
In 1944 the Constitution was Changed 5 Times
Article Second. Section I.
Qualification of voters
Article III. Section 7.
Qualifications of members; prohibitions on certain civil appointments; acceptance to vacate seat
Article Fourth. Section 2.
Departments in state government
Article Fifth. Section 9.
Court of appeals; jurisdiction limited
Article VII. Section 17.
Authorizing the legislature to establish a fund or funds for tax revenue stabilization reserves; regulating payments thereto and withdrawals therefrom
In 1942 the Constitution was Changed 3 Times
Article VII. Section 14.
State debt for elimination of railroad crossings at grade; expenses; how borne; construction and reconstruction of state highways and parkways
Article XIV. Conservation Section 1.
Forest preserve to be forever kept wild; certain highways authorized
Article XIV. Section 1.
Amendments to constitution; how proposed, voted upon and ratified
In 1940 the Constitution was Changed 1 Time
In 1939 the Constitution was Changed 184 Times
Article I. Section 2.
Trial by jury; how waived
Article I. Section 4.
Habeas corpus
Article I. Section 6.
Bill of rights
Article I. Section 7.
Compensation for taking private property; private roads; drainage of agricultural lands
Article I. Section 11.
Escheats
Article I. Section 12.
Feudal tenures abolished
Article I. Section 14.
Leases of agricultural lands limited
Article I. Section 15.
Restraints on alienation prohibited
Article I. Section 11.
Equal protection of laws; discrimination in civil rights prohibited
Article I. Section 12.
Security against unreasonable searches, seizures and interceptions
Article I. Section 16.
Purchase of lands of indians
Article I. Section 17.
Common law and acts of the colonial and state legislatures
Article I. Section 18.
Grants of land made by the king of great britain since 1775; prior grants
Article I. Section 18.
Damages for injuries causing death
Article I. Section 17.
Labor not a commodity; hours and wages in public work; right to organize and bargain collectively
Article I. Section 19.
Workmen's compensation
Article Second. Section I.
Qualifications of voters
Article Second. Section 1a.
Absent voters
Article Second. Section II.
Persons excluded from the right of suffrage
Article Second. Section 3.
Certain occupations and conditions not to affect residence
Article Second. Section III.
Registration and election laws to be passed
Article Second. Section 6.
Permanent registration
Article Second. Section IV.
Manner of voting; identification of voters
Article Second. Section 6.
Registration and election boards to be bi-partisan, except at town and village elections
Article III. Section 6.
Compensation of members
Article III. Section 7.
Members not to receive certain civil appointments
Article III. Section 8.
Certain federal officers disqualified as members
Article III. Section 8.
Persons disqualified from being members
Article III. Section 7.
Members; qualifications; not to receive certain civil appointments; acceptance to vacate seat
Article III. Section 9.
Time of elections of members
Article III. Section 10.
Powers of each house
Article III. Section 11.
Journals; open sessions; adjournments
Article III. Section 12.
Members not to be questioned for speeches
Article III. Section 13.
Bills may originate in either house; may be amended by the other
Article III. Section 14.
Enacting clause of bills; no law to be enacted except by bill
Article III. Section 15.
Manner of passing bills
Article III. Section 16.
Private or local bills to embrace only one subject, expressed in title
Article III. Section 17.
Existing law not to be made applicable by reference
Article III. Section 18.
Cases in which private and local bills shall not be passed; restrictions as to laws authorizing street railroads
Article III. Section 18.
Restrictions on the legislature respecting the making or use of profits by municipal corporations operating certain utility services
Article III. Section 19.
Private claims not to be audited by legislature
Article III. Section 23.
Certain sections not to apply to bills recommended by certain commissioners or public agencies
Article III. Section 20.
Tax bills to state tax distinctly
Article III. Section 21.
When yeas and nays necessary; three-fifths to constitute quorum
Article III. Section 17.
Boards of supervisors may be vested with legislative powers
Article III. Section 29.
Prison labor; contract system abolished
Article Third. Section I.
Executive power
Article Third. Section IV.
Duties and powers of governor; compensation
Article Third. Section V.
Reprieves, commutations, and pardons to be granted by governor
Article Third. Section VI.
When lieutenant-governor to act as governor
Article Third. Section VII.
Qualifications and duties of lieutenant-governor; succession to the governorship
Article Third. Section 8.
Lieutenant governor's compensation
Article Third. Section 9.
Bills to be presented to governor; approval; passage of bill by legislature if not approved
Article Third. Section 8.
Departmental rules and regulations; filing; publication
Article IV-A.
Article Fourth.
Officers and Civil Departments
Article Fourth. Section 1.
Comptroller and attorney-general; election, terms
Article Fourth. Section 2.
Departments in state government
Article Fourth. Section 3.
Assignment of functions to departments provided
Article Fourth. Section 4.
Heads of departments
Article Fourth. Section 7.
Membership in retirement systems; benefits not to be diminished or impaired
Article VII.
State Finances
Article VII. Section 1.
Estimates by departments, the legislature and the judiciary of needed appropriations; hearings
Article VII. Section 2.
Executive budget
Article VII. Section 3.
Budget bills; appearances before legislature
Article VII. Section 4.
Action on budget bills by legislature; effect thereof
Article VII. Section 5.
Restrictions on consideration of other appropriations
Article VII. Section 6.
Restrictions on content of appropriation bills
Article VII. Section 7.
Appropriation bills
Article VII. Section 9.
State credit not to be given
Article VII. Section 10.
State debts, power to contract
Article VII. Section 11.
State debts on account of invasion, insurrection, war and forest fires
Article VII. Section 12.
State debts generally; manner of contracting; referendum
Article VII. Section 12.
State debts generally; how paid; restrictions on use of land proceeds
Article VII. Section 13.
Refund of state debts
Article VII. Section 10.
Canal improvement, and cost thereof
Article VII. Section 14.
Creation of debts authorized
Article VII. Section 15.
Sinking fund, how kept and invested
Article VII. Section 16.
Payment of state debts
Article VIII.
Local Finances
Article VIII. Section 5.
Specie payments not to be suspended
Article VIII. Section 6.
Registry of bills and notes
Article VIII. Section 8.
Preference of billholders
Article VIII. Section 9.
Incorporation of cities and villages
Article VIII. Section 10-a.
Debts of new york city for rapid transit railroads
Article VIII. Section 12.
Boards appointed by governor
Article VIII. Section 1.
Counties, cities and towns not to give or loan money or credit
Article VIII. Section 2.
Restrictions on indebtedness of local subdivisions; contracting and payment of local indebtedness; exceptions
Article VIII. Section 3.
Restrictions on creation and indebtedness of certain corporations
Article VIII. Section 4.
Limitations of local indebtedness
Article VIII. Section 5.
Ascertainment of debt-incurring power of counties, cities, towns and villages; certain indebtedness to be excluded
Article VIII. Section 6.
Debt-incurring power of Buffalo, Rochester and Syracuse; certain additional indebtedness to be excluded
Article VIII. Section 7.
Debt incurring power of new york city; certain additional indebtedness to be excluded
Article VIII. Section 7-a.
Debt-incurring power of New York city; certain indebtedness for railroads and transit purposes to be excluded
Article VIII. Section 8.
Indebtedness not to be invalidated by operation of this article
Article VIII. Section 9.
When debt-incurring power of certain counties shall cease
Article VIII. Section 10.
Limitations on amount to be raised by real estate taxes for local purposes; exceptions
Article VIII. Section 11.
Taxes for certain capital expenditures to be excluded from tax limitation
Article VIII. Section 12.
Further limitations on contracting local indebtedness authorized
Article IX. Local Governments
Local Governments
Article IX. Local Governments Section 1.
Counties; organization and government; restrictions on legislature with respect to laws affecting
Article IX. Local Governments Section 2.
Counties; alternative forms of government for; effect of adoption thereof
Article IX. Local Governments Section 3.
Existing laws to remain applicable
Article IX. Local Governments Section 4.
Further powers of local legislation and administration for counties; county auditors
Article IX. Local Governments Section 5.
Sheriffs, clerks of counties, district attorneys; registers; power of removal
Article IX. Local Governments Section 6.
Removal of district attorney for failure to prosecute; expenses in prosecutions of bribery
Article IX. Local Governments Section 7.
Appointment or election of county officers when not provided for by constitution
Article IX. Local Governments Section 8.
Powers of the city of new york over certain county officers; restrictions on legislature; appointment or election of officers generally when not provided for by constitution
Article IX. Local Governments Section 9.
Cities and villages; organization; powers to be restricted
Article IX. Local Governments Section 10.
Extra compensation prohibited
Article IX. Local Governments Section 11.
Passage of special city laws prohibited; exceptions
Article IX. Local Governments Section 12.
Powers of cities to enact local laws relating to property, affairs or government
Article IX. Local Governments Section 13.
Existing laws to remain applicable; reservation of power in legislature over certain matters
Article IX. Local Governments Section 14.
Annexation of territory to cities
Article IX. Local Governments Section 15.
Election of city officers and certain county officers to be held in odd-numbered years
Article IX. Local Governments Section 16.
Villages of five thousand or more; home rule for; duty of and restrictions on legislature respecting
Article X. Corporations
Corporations
Article X. Corporations Section 1.
Corporations; formation of
Article X. Corporations Section 2.
Dues of corporations
Article X. Corporations Section 3.
Savings bank charters; restrictions on trusters; special charters not to be granted
Article X. Corporations Section 4.
Corporations; definition; right to sue and be sued
Article X. Corporations Section 5.
Public corporations; restrictions on creation and powers; accounts; obligations of
Article IX.
Education
Article IX. Section 1.
Common schools
Article IX. Section 2.
Regents of the University
Article IX. Section 1.
Common school, literature and the United States deposit funds
Article IX. Section 4.
Use of public property or money in aid of denominational schools prohibited; transportation of children authorized
Article XI.
Military
Article XI. Section 1.
State militia
Article XI. Section 2.
Enlistment
Article XI. Section 3.
Organization of militia
Article XI. Section 3.
Governor to appoint adjutant-general and major-generals
Article XI. Section 5.
Appointment of other officers
Article XI. Section 5.
Commissioned officers; removal
Article XV.
Public Officers
Article XV. Section 1.
Oath of office; no other test for public office
Article XV. Section 6.
Duration of term
Article XV. Section 7.
Time of election
Article XV. Section 8.
Vacancies in office, how filled
Article XV. Section 9.
Political year
Article XV. Section 10.
Removal from office for misconduct, etc
Article XV. Section 11.
Office deemed vacant
Article XV. Section 12.
Compensation of officers
Article XIV. Conservation
Conservation
Article XIV. Conservation Section 1.
Forest preserve to be forever kept wild; certain highways authorized
Article XIV. Conservation Section 2.
Reservoirs
Article XIV. Conservation Section 3.
Wild life conservation and reforestation
Article XIV. Conservation Section 4.
Violations of article; how restrained
Article XV. Canals
Canals
Article XV. Canals Section 1.
Disposition of canals and canal properties prohibited
Article XV. Canals Section 2.
Prohibition inapplicable to lands and properties no longer useful; disposition authorized
Article XV. Canals Section 3.
No tolls to be imposed; contracts for work and materials; no extra compensation
Article XVI. Taxation
Taxation
Article XVI. Taxation Section 1.
Power of taxation; exemptions from taxation
Article XVI. Taxation Section 2.
Assessments for taxation purposes
Article XVI. Taxation Section 3.
Status of intangible personal property; taxation of
Article XVI. Taxation Section 4.
Certain corporations not to be discriminated against
Article XVI. Taxation Section 5.
Compensation of public officers and employees subject to taxation
Article XVII. Social Welfare
Social Welfare
Article XVII. Social Welfare Section 1.
Public relief and care
Article XVII. Social Welfare Section 2.
State board of social welfare; powers and duties
Article XVII. Social Welfare Section 3.
Public health
Article XVII. Social Welfare Section 4.
Care and treatment of persons suffering from mental disorder or defect; visitation of institutions for
Article XVII. Social Welfare Section 5.
Institutions for detention of criminals; probation; parole; state commission of correction
Article XVII. Social Welfare Section 6.
Visitation and inspection
Article XVIII. Housing
Housing
Article XVIII. Housing Section 1.
Housing for persons of low income; slum clearance
Article XVIII. Housing Section 2.
Idem; powers of legislature in aid of
Article XVIII. Housing Section 3.
Article VII to apply to state debts under this article, with certain exceptions; capital and periodic subsidies
Article XVIII. Housing Section 4.
Powers of cities, towns and villages to contract indebtedness in aid of low rent housing and slum clearance projects; restrictions thereon
Article XVIII. Housing Section 5.
Liability for certain loans made by the state to certain public corporations
Article XVIII. Housing Section 6.
Loans and subsidies; restrictions on and preference in occupancy of projects
Article XVIII. Housing Section 7.
Liability arising from guarantees to be deemed indebtedness; method of computing
Article XVIII. Housing Section 8.
Excess condemnation
Article XVIII. Housing Section 9.
Acquisition of property for purposes of article
Article XVIII. Housing Section 10.
Power of legislature; construction of article
Article XIV.
Amendments to Constitution
Article XIV. Section 1.
Amendments to constitution; how proposed, voted upon and ratified
Article XIV. Section 2.
Future constitutional conventions; how called; election of delegates; compensation; quorum; submission of amendments; officers; employees; rules; vacancies
Article XIV. Section 3.
Amendments simultaneously submitted by convention and legislature
Article XV.
Article XV. Section 1.
Time of taking effect
Article XX. When to Take Effect
When to Take Effect
Article XX. When to Take Effect Section 1.
Time of taking effect
1938
In 1938, New York held its seventh constitutional convention and first constitutional convention where women could serve as delegates. Occurring against the backdrop of the Great Depression, the convention reflected new societal attitudes and increased mobilization around the role of government. Like most of the prior conventions, the 1938 convention offered a bundled set of proposed revisions plus a slate of separate amendments addressing specific topics. In total, voters considered nine ballot questions and approved six, including the main proposal package, which affected 14 of the constitution’s 15 articles and added four new articles (one of the other questions added a fifth).
Some of the most significant changes are detailed below:
Constitutional Amendment Process
The process for amending the constitution was altered to require the legislature, after first proposing an amendment, to submit it to the attorney general for an assessment of whether the amendment would impact other, unidentified sections of the New York Constitution. The provision was designed to prevent inconsistencies and preserve the constitution’s integrity. However, the attorney general’s assessment is only advisory, and the legislature may choose to send the proposed amendment to voters even if the attorney general identifies potential conflicts or inconsistencies.
Bill of Rights
Several provisions were added to the Bill of Rights, including:
• An equal protection clause, which barred discrimination based on race, color, or creed, and differed from its federal analogue by also prohibiting discrimination by private actors.
• Protection against unreasonable search and seizures.
• Allowing defendants accused of crimes not punishable by death to waive their right to a jury trial, if done in writing and in open court with the approval of the judge or justice of the court. (A mirror amendment allowing criminal defendants, other than those accused of crimes punishable by death or life imprisonment, to waive indictment by a grand jury was later added by amendment in 1973.)
• A provision declaring that labor is not a commodity, guaranteeing the right to organize and bargain collectively, and mandating a five-day work week of eight hours per day, along with prevailing wages, for all tradespeople on public work projects.
New Articles
Five new articles were added to the constitution including one addressing Social Welfare and another addressing Housing.
Article XVII (Social Welfare) established that the “aid, care and support of the needy are public concerns and shall be provided by the state and by such of its subdivisions,” that the state and its subdivisions had a responsibility to protect and promote public health, and authorizing the state and localities to address mental health needs. Courts have held that these provisions impose an affirmative duty on the state to provide for the needy and that the state, even when pursuing valid state objectives, cannot deny assistance to those in need “solely on the basis of criteria having nothing to do with need.”
Article XVIII (Housing) explicitly authorized the legislature to adopt laws to provide for affordable housing and neighborhood improvements. The article reflected delegates’ belief that safe housing was essential for participation in a constitutional democracy.
The Andrews Terrace Apartments in Rochester, New York, an affordable housing development constructed in 1975. Andre Carrotflower.
1937
Four-Year Terms for Statewide Elected Office
In 1927, voters rejected an amendment to increase the term of the governor, lieutenant governor, attorney general, and comptroller from two to four years. However, ten years later, voters changed their mind and approved an amendment establishing a four-year term for statewide elected executive officials. This change in voter sentiment reflected the expanding duties of state executives and growing recognition that “a two year term is too short to permit of a long range program by an incumbent” and prevented the governor from “discharge[ing] his full duties to the state.”
New York State Capitol Executive Chamber and former Governor's Office. Anthony Giorgio.
In 1936 the Constitution was Changed 5 Times
Article I. Section 2.
Trial by jury
Article III. Section 22.
Boards of supervisors
Article VIII. Section 7.
Liability of stockholders
Article X. Section 1.
Sheriffs, clerks of counties, district attorneys and registers; governor may remove
Article X. Section 2.
Appointment or election of officers, not provided for by this constitution
In 1932 the Constitution was Changed 8 Times
Article Second. Section III.
Registration and election laws to be passed
Article III. Section 4.
Enumerations and reapportionments
Article III. Section 5.
Apportionment of assemblymen; creation of assembly districts
Article Fourth. Section 2.
Departments in state government
Article VII. Section 16.
Acquisition of land for reforestation
Article VIII. Section 11.
State board of charities; inspections
Article VIII. Section 14.
Maintenance and support of inmates of charitable institutions
Article VIII. Section 15.
Commissioners continued in office
In 1930 the Constitution was Changed 5 Times
In 1928 the Constitution was Changed 15 Times
Article I. Section 7.
Compensation for taking private property; private roads; drainage of agricultural lands
Article III. Section 6.
Compensation of members
Article Third. Section IV.
Duties and powers of governor; compensation
Article Third. Section 8.
Salary of lieutenant-governor
Article IV-A.
Article IV-A. Section 1.
Submission of estimates by departments
Article IV-A. Section 2.
Submission of budget, etc., to legislature by governor
Article IV-A. Section 3.
Legislative hearings; powers of legislature
Article IV-A. Section 4.
Further appropriations
Article Fourth. Section 4.
Heads of departments
Article VII. Section 7.
Forest preserve
Article VII. Section 14.
Creation of debts authorized
Article VIII. Section 11.
Counties, cities and towns not to give or loan money or credit; limitation of indebtedness
Article VIII. Section 10-a.
Debts of new york city for rapid transit railroads
Article XII. Section 8.
Annexation of territories to cities
1927
State Budgeting Authority
In 1927, voters adopted an amendment adopting the executive-budget model, where the governor proposes a state budget that is then subject to legislative amendments. The legislature can only respond to the governor’s proposal in four ways: (1) approve the governor’s budget (at which point it would go into immediate effect), (2) eliminate proposed appropriations, (3) reduce proposed appropriations, and (4) add separate appropriations. Once the legislature passes its version of the budget bill, the budget for the executive branch generally goes into effect without further gubernatorial action while any additions and the budgets for the legislature and judiciary remaining subject to the governor’s line-item veto power. This model was designed to create a realistic and unified state budget by requiring the governor to coordinate and oversee the executive branch instead of leaving it up to individual departments to make requests directly to the legislature and by making it more difficult for the legislature to engage in logrolling or pork barrel legislation.
In 1926 the Constitution was Changed 41 Times
Article Fourth. Section 1.
Comptroller and attorney-general; election, terms
Article Fourth. Section 3.
Canal commissioners
Article Fourth. Section 4.
State prison inspectors
Article Fourth. Section 5.
Commissioners of land office and canal fund
Article Fourth. Section 6.
Powers and duties of boards
Article Fourth. Section 7.
Suspension of treasurer
Article Fourth. Section 2.
Departments in state government
Article Fourth. Section 3.
Assignment of functions to departments provided
Article Fourth. Section 4.
Heads of departments
Article Fourth. Section 8.
Certain offices abolished
Article Fourth. Section 9.
Civil service appointments and promotions
Article Fifth. Section 1.
Supreme court; how constituted
Article Fifth. Section 2.
Judicial departments
Article Fifth. Section 3.
Appellate terms; establishment, how constituted, justices
Article Fifth. Section 4.
Supreme court justices; terms; vacancies, how filled
Article Fifth. Section 6.
Circuit courts and courts of oyer and terminer abolished
Article Fifth. Section 2.
Court of appeals; how constituted
Article Fifth. Section 3.
Court of appeals; vacancies, how filled
Article Fifth. Section 9.
Court of appeals; jurisdiction limited
Article Fifth. Section 8.
Powers of appellate courts generally
Article Fifth. Section 11.
Removal of judicial officers
Article Fifth. Section 13.
Trial of impeachment
Article Fifth. Section 14.
County courts
Article Fifth. Section 12.
Special county judge or surrogate
Article Fifth. Section 14.
Surrogates' courts
Article Fifth. Section 14.
Court of general sessions; new york county; jurisdiction, judges
Article Fifth. Section 15.
City court of new york city
Article Fifth. Section 16.
Vacancies in office of certain judges, how filled
Article Fifth. Section 15.
Special county judge and surrogate
Article Fifth. Section 17.
Justices of the peace; election, terms, number, and duties
Article Fifth. Section 19.
Inferior local courts
Article Fifth. Section 19.
General provisions as to judges
Article Fifth. Section 20.
Testimony in equity cases, etc.
Article Fifth. Section 19.
Clerks of courts
Article Fifth. Section 20.
Fees to judicial officers prohibited
Article Fifth. Section 22.
Publication of statutes, rules, judicial statistics and opinions
Article Fifth. Section 23.
Board or court of claims
Article Fifth. Section 26.
Special sessions
Article VII. Section 14.
Creation of debts authorized
Article VII. Section 15.
Article VIII. Section 11.
State board of charities; inspections
1925
Short Ballot & Executive Reorganization
Based on the amendment originally proposed by the 1915 Constitutional Convention, the 1925 short ballot amendment eliminated several elective offices, such as Secretary of State, which became an appointed position, and Treasurer, which was merged with the Comptroller. (A later statutory provision created an appointed state treasurer position that serves as the head of the Treasury Division of the State Department of Taxation and Finance.) Although some commentators believed the 1915 short ballot proposal did not go far enough, the 1925 amendment did not eliminate any additional elected offices beyond those identified in the 1915 proposal.
At the same election, voters also adopted an amendment reorganizing the executive branch. The reorganization capped the number of executive branch departments at 20 (up from the 17 proposed by the 1915 Convention) and eliminated several commissions and boards.
Judicial Reorganization
In 1921, the governor convened a group of 30 individuals, consisting of judges, the attorney general, legislators, and attorneys, to revise the constitution’s judiciary article. Termed a “convention” by statute, the Judiciary Commission of 1921 was tasked with trying to reduce the backlog of cases that had plagued the judicial system for most of the state’s history. The commission recommended several changes to the Court of Appeals’ jurisdiction while maintaining the court’s primary focus on establishing law and correcting major lower-court errors. It also proposed minor tweaks to the structure of the supreme court and intermediate appellate courts. “However, the revised judiciary article, which included several proposals suggested by the Convention of 1915, was not [initially] adopted by the legislature, and badly needed court reform again was postponed.”
It wasn’t until 1925 that the legislature managed to put a revised judicial article before voters. The revision repealed obsolete provisions (such as those abolishing various courts), allowed for the temporary appointment of supreme court justices to serve as associate judges of the Court of Appeals when the court certifies that it is backlogged, clarified the jurisdiction of the Court of Appeals, and established new courts to serve the city and county of New York.
New York Court of Appeals. Tyler A. McNeil.
In 1924 the Constitution was Changed 8 Times
1923
Home Rule
The 1894 amendment giving localities a “veto” over special laws had the effect of “giv[ing] [cities] a large measure of freedom from positive [state legislative] interference but almost no measure of opportunity for constructive local action.” However, in 1923, the people adopted a true home rule provision that replaced the prior system of municipal classification and local vetoes with a prohibition on special legislation concerning the “property, affairs, or government” of cities, except when the governor and two-third of the legislature declared an emergency. The amendment also granted municipalities the power to enact local laws that did not conflict with state laws concerning certain local matters. The scope of these constraints on special laws and state regulation of local government operations remains contested.
In 1935, voters approved a similar amendment that allows counties to adopt certain state-authorized alternative forms of government. Once the county’s voters approve such a change, the state legislature is then barred from adopting special laws “relating to the property, affairs or government of such county.” Likewise, in 1963, voters adopted an amendment extending home rule to towns and villages and providing for a “Bill of Rights for Local Governments.”
In 1923 the Constitution was Changed 1 Time
In 1922 the Constitution was Changed 5 Times
1921
Literacy Voting Requirement
New Yorkers passed an amendment in 1921 limiting voting rights to those who, except for physical disability, were “able to read and write English.” The legislature referred the amendment to voters as a part of a broader effort to exclude immigrants from elections.
Implementation of this new English-language requirement was immediately beset with controversy and confusion: In 1922, the legislature passed a law providing for two methods of establishing literacy (providing proof of having completed the eighth grade or passing a literacy test). The next year, it eliminated the literacy test option, but almost simultaneously, it passed two other laws related to the conduct of literacy tests. The board of elections of the city of New York determined that the latter two bills meant that voter registration inspectors could continue to use literacy tests to establish literacy. This question eventually reached the Court of Appeals, which made two determinations: First, the bills detailing the conduct of literacy tests were obsolete because the law authorizing those tests had been impliedly repealed. Second, the single remaining method of establishing literacy was a constitutional means of implementing the 1921 amendment.
Although the federal Voting Rights Act of 1965 invalidated literacy tests nationwide, the language imposing the literacy requirement was not removed from the New York Constitution until 1996.
In 1921 the Constitution was Changed 5 Times
In 1920 the Constitution was Changed 2 Times
In 1919 the Constitution was Changed 4 Times
In 1918 the Constitution was Changed 2 Times
1915
Rejection of 1915 Convention Proposals
New York’s sixth constitutional convention met in 1915 after voters narrowly approved a convention call (the vote was delayed so that it took place 20 years after the last convention rather than 20 years after the regular convention call question appeared on the ballot). Despite gains in the state’s population (more than doubling between the 1880 and 1920 censuses), fewer than half as many votes were cast on the 1914 ballot question to call a convention as had been cast on the previous convention call question in 1886. Furthermore, while nearly 95% of 1886 votes were cast in favor of a convention, the 1914 call was approved by just 50.22% of those voting on the question. As with prior conventions, the 1915 convention chose to present most of their 33 proposed amendments to voters as a single package.
The 1915 convention’s proposals drew significant concern and opposition. More than four times as many New Yorkers voted on whether to approve the package of amendments as had voted the prior year on whether to call a convention, and the amendments were defeated by a margin of more than two to one. (Voters also rejected two legislatively-referred amendments—one extending the vote to women and the other authorizing the legislature to contract temporary debts without voter approval.) Opponents of the proposals were suspicious of the convention’s decision to submit most of the amendments together, asking, “Why should a man who objects to the Conservation article, for example, but who favors the Short Ballot article, be forced to take the Conservation article in order to get the Short Ballot article?” In particular, opponents criticized the decision to bundle a legislative salary increase with the other amendments when voters had rejected a legislatively-referred salary amendment just four years prior. They saw such bundling as “farcical,” particularly since several other proposals had been carved out for separate consideration. Proponents, meanwhile, unsuccessfully tried to rally support for the amendments by emphasizing the virtue of a document that was “too progressive for reactionaries” but “too soundly conservative for impractical enthusiasts.” On their telling, opposition to the amendments was rooted in self-interest or ignorance.
Even though the electorate originally rejected all the amendments on the 1915 ballot, many of the proposals were later adopted in some form, including allowing the state to contract debt in anticipation of the following year’s taxes and revenues without the prior authorization of the people (1920), home rule (1923), reorganization of the executive branch (1925), and transition to a “short ballot” (1925). As Elihu Root, president of the 1915 convention, later reflected, “I think it makes but little difference whether a man gives his life and his service to laying the foundation and building up the structure, or whether he is the man that floats a flag on the battlements and cried, ‘Victory.’”
Convention president Elihu Root (c. 1902). George Prince.
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In 1914 the Constitution was Changed 4 Times
In 1910 the Constitution was Changed 4 Times
Article III. Section 17.
Local legislative powers
Article Fifth. Section 12.
Compensation; age restriction; assignment by governor
Article VII. Section 12.
Limitation of legislative power to create debts
Article VIII. Section 11.
Counties, cities and towns not to give or loan money or credit; limitation of indebtedness
In 1908 the Constitution was Changed 2 Times
In 1906 the Constitution was Changed 7 Times
Article Fifth. Section 1.
Supreme court; how constituted; judicial districts
Article Fifth. Section 2.
Judicial departments; appellate division, how constituted; governor to designate justices; reporter; time and place of holding courts
Article VII. Section 12.
Limitation of legislative power to create debts
Article VII. Section 11.
Payment of state debts
Article VII. Section 12.
Improvement of highways
Article VIII. Section 11.
Counties, cities and towns not to give or loan money or credit; limitation of indebtedness
Article XII. Section 1.
Organization; restriction of powers
In 1902 the Constitution was Changed 1 Time
In 1900 the Constitution was Changed 4 Times
Article III. Section 22.
Boards of supervisors
Article Fifth. Section 2.
Judicial departments; appellate division, how constituted; governor to designate justices; reporter; time and place of holding courts
Article Fifth. Section 2.
Court of appeals
Article VIII. Section 11.
Counties, cities and towns not to give or loan money or credit; limitation of indebtedness
In 1895 the Constitution was Changed 160 Times
Preamble
Preamble
Article I. Section 2.
Trial by jury
Article I. Section 6.
Bill of rights
Article I. Section 7.
Compensation for taking private property; private roads; drainage of agricultural lands
Article I. Section 8.
Freedom of speech and press; criminal prosecutions for libel
Article I. Section 9.
Two-thirds bills
Article I. Section 10.
Right to assemble and petition; divorces; lotteries, pool-selling and gambling, laws to prevent
Article I. Section 11.
Escheats
Article I. Section 12.
Feudal tenures abolished
Article I. Section 13.
Allodial tenures
Article I. Section 14.
Leases of agricultural lands
Article I. Section 15.
Fines and quarter-sales abolished
Article I. Section 16.
Purchase of lands of indians
Article I. Section 17.
Common law and acts of the colonial and state legislatures
Article I. Section 18.
Grants of land made by the king of Great Britain since 1775; prior grants
Article I. Section 18.
Damages for injuries causing death
Article Second. Section I.
Qualification of voters
Article Second. Section II.
Persons excluded from the right of suffrage
Article Second. Section 3.
Certain occupations and conditions not to affect residence
Article Second. Section III.
Registration and election laws to be passed
Article Second. Section IV.
Manner of voting
Article Second. Section 6.
Registration and election boards to be bi-partisan, except at town and village elections
Article III. Section 1.
Legislative power
Article III. Section 2.
Number and terms of senators and assemblymen
Article III. Section 3.
Senate districts
Article III. Section 4.
Enumerations and reapportionments
Article III. Section 5.
Apportionment of assemblymen; creation of assembly districts
Article III. Section 6.
Compensation of members
Article III. Section 7.
Civil appointments of members void
Article III. Section 8.
Persons disqualified from being members
Article III. Section 9.
Time of elections
Article III. Section 10.
Powers of each house
Article III. Section 14.
Enacting clause of bills
Article III. Section 15.
Manner of passing bills
Article III. Section 18.
Cases in which private and local bills shall not be passed; restrictions as to laws authorizing street railroads
Article III. Section 20.
Two-thirds bills
Article III. Section 21.
Appropriation bills
Article III. Section 22.
Restrictions as to provisions in the appropriation or supply bills
Article III. Section 23.
Certain sections not to apply to commission bills
Article III. Section 20.
Tax bills to state tax distinctly
Article III. Section 21.
When yeas and nays necessary; three-fifths to constitute quorum
Article III. Section 22.
Boards of supervisors
Article III. Section 17.
Local legislative powers
Article III. Section 24.
Extra compensation prohibited
Article III. Section 29.
Prison labor; contract system abolished
Article Third. Section I.
Executive power
Article Third. Section II.
Qualifications of governor and lieutenant-governor
Article Third. Section III.
Election of governor and lieutenant-governor
Article Third. Section IV.
Duties and powers of governor; compensation
Article Third. Section V.
Reprieves, commutations, and pardons to be granted by governor
Article Third. Section VI.
When lieutenant-governor to act as governor
Article Third. Section VII.
Qualifications and duties of lieutenant-governor; succession to the governorship
Article Third. Section 8.
Salary of lieutenant-governor
Article Third. Section 9.
Bills to be presented to governor; approval; passage of bill by legislature if not approved
Article Fourth.
Article Fourth. Section 1.
State officers
Article Fourth. Section 2.
First election of state officers
Article Fourth. Section 3.
Superintendent of public works; appointment; powers and duties of
Article Fourth. Section 4.
Superintendent of state prisons, appointment, powers and duties of
Article Fourth. Section 5.
Commissioners of the land office; of the canal fund; canal board
Article Fourth. Section 6.
Powers and duties of boards
Article Fourth. Section 7.
State treasurer, suspension by governor
Article Fourth. Section 8.
Certain offices abolished
Article Fourth. Section 9.
Civil service appointments and promotion
Article Fifth. Section 1.
Supreme court; how constituted; judicial districts
Article Fifth. Section 2.
Judicial departments; appellate division, how constituted; governor to designate justices; reporter; time and place of holding courts
Article Fifth. Section 3.
Judge or justice not to sit in review; testimony in equity cases
Article Fifth. Section 4.
Terms of office; vacancies, how filled
Article Fifth. Section 5.
City courts abolished; judges become justices of supreme court; salaries; jurisdiction vested in supreme court
Article Fifth. Section 6.
Circuit courts and courts of oyer and terminer abolished
Article Fifth. Section 2.
Court of appeals
Article Fifth. Section 3.
Vacancy in court of appeals, how filled
Article Fifth. Section 9.
Jurisdiction of court of appeals
Article Fifth. Section 10.
Judges not to hold any other office
Article Fifth. Section 11.
Removal of judges
Article Fifth. Section 12.
Compensation; age restriction; assignment by governor
Article Fifth. Section 13.
Trial of impeachments
Article Fifth. Section 14.
County courts
Article Fifth. Section 14.
Surrogates' courts; surrogates, their powers and jurisdiction; vacancies
Article Fifth. Section 15.
Local judicial officers
Article Fifth. Section 17.
People may determine that judges shall be appointed
Article Fifth. Section 17.
Justices of the peace; district court justices
Article Fifth. Section 19.
Inferior local courts
Article Fifth. Section 19.
Clerks of courts
Article Fifth. Section 20.
No judicial officer, except justice of the peace, to receive fees; not to act as attorney or counselor
Article Fifth. Section 21.
Judgments of inferior courts may be removed to court of appeals
Article Fifth. Section 22.
Publication of statutes
Article Fifth. Section 25.
Terms of office of present justices of the peace and local judicial officers
Article Fifth. Section 26.
Courts of special sessions
Article Fifth. Section 28.
Commission of appeals
Article Fifth. Section 30.
Additional justices to the supreme court
Article Fifth. Section 30.
Additional justices to the supreme court
Article Fifth. Section 32.
Kings county court
Article VII. Section 1.
Canal sinking fund
Article VII. Section 2.
Canal appropriations; state debts
Article VII. Section 3.
Canal revenues
Article VII. Section 4.
Enforcement of state claims against corporations
Article VII. Section 5.
Appropriations for deficiency in canal revenues
Article VII. Section 7.
Salt springs not to be disposed of
Article VII. Section 8.
State moneys not to be expended without appropriation
Article VII. Section 9.
State credit not to be given
Article VII. Section 2.
State debts, power to contract
Article VII. Section 11.
State debts to repel invasions
Article VII. Section 12.
Limitation of legislative power to create debts
Article VII. Section 13.
Sinking fund, how kept and invested
Article VII. Section 14.
Claims barred by statute of limitations
Article VII. Section 7.
Forest preserve
Article VII. Section 8.
Canals, not to be sold; not applied to certain canals; disposition of funds
Article VII. Section 9.
No tolls to be imposed; contracts for work and materials no extra compensation
Article VII. Section 10.
Canal improvement, and cost thereof
Article VIII. Section 1.
Corporations, formation of
Article VIII. Section 3.
Corporation, definition of term
Article VIII. Section 4.
Savings bank charters; restrictions upon trustees; special charters not to be granted
Article VIII. Section 5.
Special payment
Article VIII. Section 7.
Liability of stockholders of banks
Article VIII. Section 8.
Billholders of insolvent bank, preferred creditors
Article VIII. Section 9.
Credit or money of the state not to be given
Article VIII. Section 11.
Counties, cities and towns not to give or loan money or credit; limitation of indebtedness
Article VIII. Section 11.
State board of charities; state commission in lunacy; state commission of prisons
Article VIII. Section 12.
Boards appointed by governor
Article VIII. Section 13.
Existing laws to remain in force
Article VIII. Section 14.
Maintenance and support of inmates of charitable institutions
Article VIII. Section 15.
Commissioners continued in office
Article IX. Section 1.
Common schools
Article IX. Section 2.
Regents of the University
Article IX. Section 1.
Common school, literature and the United States deposit funds
Article IX. Section 4.
No aid to denominational schools
Article X. Section 1.
Sheriffs, clerks of counties, district attorneys and registers; governor may remove
Article X. Section 2.
Appointment or election of officers, not provided for by this constitution
Article X. Section 3.
Duration of term
Article X. Section 6.
Political year
Article X. Section 7.
Removal from office for misconduct, etc.
Article X. Section 8.
Office deemed vacant
Article X. Section 9.
Compensation of officers
Article XI. Section 1.
Militia
Article XI. Section 2.
Militia officers, how chosen
Article XI. Section 1.
State militia
Article XI. Section 2.
Enlistment
Article XI. Section 3.
Organization of milita
Article XI. Section 3.
Appointment of military officers by the governor
Article XI. Section 5.
Manner of election of military officers prescribed by legislature
Article XI. Section 5.
Commissioned officers; their removal
Article XII.
Article XII. Section 1.
Organization; restriction of powers
Article XII. Section 2.
Classification of cities; general and special city laws; special city laws; how passed by legislature and acceptance by cities
Article XII. Section 3.
Election of city officers, when to be held; extension and abridgment of term
Article XIV.
Article XV.
Article XV. Section 1.
Oath of office
Article XV. Section 1.
Official bribery and corruption
Article XV. Section 2.
Offer or promise to bribe
Article XV. Section 3.
Person bribed or offering a bribe may be a witness
Article XV. Section 5.
Free passes, franking privileges, etc., not to be received by public officers; penalty
Article XV. Section 4.
Removal of district attorney for failure to prosecute; expenses of prosecutions for bribery
Article XIV.
Article XIV. Section 1.
Amendments to constitution, how proposed, voted upon and ratified
Article XIV. Section 2.
Future constitutional conventions; how called; election of delegates; compensation; quorum; submission of amendments; officers; rules; vacancies; taking effect
Article XIV. Section 3.
Amendments of convention and legislature submitted coincidently
Article XV.
Article XV. Section 1.
Time of taking effect
1894
In 1894, New York held its fifth constitutional convention. Eight years earlier, in 1886, voters considered the once-every-20-years question of whether to hold a convention. Nearly 95% of voters said yes. But partisan divisions over the method of selecting delegates led to a lengthy delay. In an age of growing industrialization and immigration, the “convention manifested, to a degree greater than at any previous time in New York’s history, the tension between urban and rural New York.” As with the 1867 convention, the 1894 convention proposed a set of consolidated amendments for a single yes-no vote as well as two separate amendments to be voted on individually. Voters approved the consolidated changes, both separate amendments, and two additional amendments that the legislature had referred outside the convention process (which never substantively went into effect).
Major changes that emerged from the convention included:
• Specifying that when voters approve competing legislatively-referred amendments and convention-proposed amendments at the same election, the convention-proposed amendments supersede the legislatively-referred amendments.
• Adopting an "absolute" ban on gambling.
• Providing that local elections are to be held in odd-number years so that they do not coincide with state and national elections.
• Requiring that all civil service appointments and promotions be “made according to merit and fitness to be ascertained, so far as practicable, by examinations, which, so far as practicable, shall be competitive.”
• Creating an appellate division of the supreme court; limiting the jurisdiction of the New York Court of Appeals to cases that involve pronouncing general principles or reconciling conflicts between lower-court decisions; and eliminating the circuit courts and Courts of Oyer and Terminer, transferring their jurisdiction to the supreme court.
• Classifying cities into three classes based on population and allowing the legislature to pass “special city laws,” which apply to just one city or any number of cities fewer than all cities in a class, either with the acceptance of the affected city or cities or over a city’s veto by passing the special city law a second time.
• Requiring that the state fund public education at the state’s common schools.
• Adopting a provision protecting state forest preserves; preventing the land from being leased, sold, or exchanged; and prohibiting the harvesting or destruction of timber from the land. (This provision is commonly referred to as the “Forever Wild” article.)
Adirondack Forest Preserve (c. 1973). Anne LaBastille.
In 1889 the Constitution was Changed 1 Time
In 1885 the Constitution was Changed 1 Time
In 1881 the Constitution was Changed 2 Times
In 1880 the Constitution was Changed 1 Time
In 1877 the Constitution was Changed 2 Times
1874
1874 Amendments to the Constitution
In 1874, New Yorkers adopted eleven constitutional amendments. These amendments were first proposed by a 32-member constitutional commission, the first of its kind to be established in New York. The commission, established by the legislature, recommended amendments to 13 articles of the constitution. Based on these recommendations, the legislature adopted, in two successive legislatures, 11 amendments eventually approved by voters, including:
• Eliminating the property requirement for voting that applied only to Black men, which brought the state in line with the Fifteenth Amendment to the U.S. Constitution, which was ratified four years earlier.
• Giving the governor 30 days after the adjournment of the legislature to approve or reject bills and line-item veto power over appropriations bills. The previous constitutional convention had rejected a proposed line-item veto out of concern that the power would “mak[e] the Governor the affirmative and sole law-making power of the State.”
• Provisions designed to eliminate election-related corruption, including allowing for the removal of district attorneys who fail to “faithfully prosecute” a person charged with bribery, requiring voters to affirm they have not bribed or been bribed to vote, and facilitating testimony against corrupt officials.
Photograph of Samuel J. Tilden, elected governor of New York in 1874. Unknown author.
In 1874 the Constitution was Changed 38 Times
Article Second. Section I.
Qualifications of voters
Article Second. Section II.
Bribery at elections
Article III. Section 5.
Assembly reapportionment
Article III. Section 6.
Compensation of members of legislature
Article III. Section 7.
Member of legislature not eligible to certain appointments
Article III. Section 8.
Certain federal and city officers disqualified as members
Article III. Section 17.
Existing laws not applicable by reference
Article III. Section 18.
Private and local bills limited; street railroads
Article III. Section 19.
Private claims not to be audited by legislature
Article III. Section 20.
Tax law to state amount and object of tax
Article III. Section 21.
Three-fifths bills
Article III. Section 22.
Boards of supervisors
Article III. Section 17.
Powers of boards of supervisors
Article III. Section 24.
Extra compensation prohibited
Article III. Section 25.
Statutory revision commission bills exempted from §§ 17 and 18
Article Third. Section I.
Governor and lieutenant governor
Article Third. Section II.
Qualifications of governor and lieutenant governor
Article Third. Section IV.
Governor's general powers; compensation
Article Third. Section 8.
Lieutenant governor's compensation
Article Third. Section 9.
Executive consideration of bills; subsequent legislative action
Article VII. Section 3.
Canal revenues
Article VII. Section 6.
Canals not to be disposed of; expenditures and revenues
Article VII. Section 13.
Tax law to state amount and object of tax
Article VII. Section 13.
State sinking funds to be kept separate
Article VII. Section 14.
Three-fifths bills
Article VII. Section 14.
Restriction on allowance of claims against state
Article VIII. Section 4.
Savings banks
Article VIII. Section 10.
No state aid to individuals or corporations
Article VIII. Section 11.
Municipal aid prohibited, except for public purposes
Article X. Section 9.
Constitutional officers not to receive extra compensation
Article XII. Section 1.
Oath of office
Article XV.
Article XV. Section 1.
Bribery of public officers
Article XV. Section 2.
Bribery, how punished
Article XV. Section 3.
Accused a competent witness in his own behalf
Article XV. Section 4.
Delinquent district attorney may be removed from office
Article XVI.
Article XVI. Section 1.
When amendments to take effect
In 1872 the Constitution was Changed 1 Time
1870
Fourth Constitutional Convention
In 1866, New Yorkers had their first opportunity to vote on whether to hold a constitutional convention pursuant to the provision adopted by the 1846 Convention that automatically put the question to the electorate every 20 years. The voters said yes, and New York convened its fourth constitutional convention from 1867 to 1868. The convention proposed an amended constitution and three separate amendments, but, in 1869, the state’s voters then rejected all of these proposals except for an amendment to the judicial article.
The judicial amendment reorganized the Court of Appeals; established a Commission of Appeals to hear cases still pending before the Court of Appeals on January 1, 1870; expanded the jurisdiction of the Supreme Court to include appellate cases; created new city courts in the city and county of New York, Buffalo, and Brooklyn; and raised the mandatory retirement age for judges from 60 to 70. The Commission of Appeals, created to help relieve the burden on the Court of Appeals, operated from 1870 to 1875, during which time the Commission heard 800 cases. It briefly operated again from 1889 to 1892 (during which time it was called the Second Division of the Court of Appeals).
New York Court of Appeals courtroom. Daniel Case.
In 1870 the Constitution was Changed 39 Times
Article Fifth. Section 1.
Assembly may impeach civil officers
Article Fifth. Section 2.
Court of appeals
Article Fifth. Section 3.
Supreme court
Article Fifth. Section 3.
Vacancies, how filled
Article Fifth. Section 4.
Judicial districts
Article Fifth. Section 4.
Transfer of causes; commission of appeals
Article Fifth. Section 5.
Legislature may alter jurisdiction and proceedings in law and equity
Article Fifth. Section 5.
Vacancies in commission
Article Fifth. Section 6.
General and special term; circuits; oyer and terminer
Article Fifth. Section 6.
Supreme court
Article Fifth. Section 7.
Compensation of judges
Article Fifth. Section 7.
General and special terms; circuits; oyer and terminer
Article Fifth. Section VII.
Chancellor and supreme court judges to hold no other office
Article Fifth. Section 8.
Judge not to sit in review of his own decisions; proceedings in law and equity
Article Fifth. Section 9.
Legislature to classify judges and fix terms of court
Article Fifth. Section 9.
Vacancies in supreme court
Article Fifth. Section 10.
Judges not to hold any other office
Article Fifth. Section 11.
Removal of judges
Article Fifth. Section 12.
Certain local courts continued
Article Fifth. Section 12.
Judges, how chosen; term of office
Article Fifth. Section 13.
Vacancies, how filled
Article Fifth. Section 14.
Compensation of judges
Article Fifth. Section 14.
County courts
Article Fifth. Section 15.
Special county judge and surrogate
Article Fifth. Section 16.
Reorganization of judicial districts
Article Fifth. Section 17.
People may determine that judges shall be appointed
Article Fifth. Section 17.
Justices of the peace
Article Fifth. Section 18.
Local judicial officers
Article Fifth. Section 19.
Inferior local courts
Article Fifth. Section 19.
Clerks of supreme court; clerk of court of appeals
Article Fifth. Section 20.
Judges not to receive fees or practice as attorneys
Article Fifth. Section 21.
Judgements of inferior courts may be removed to court of appeals for review
Article Fifth. Section 22.
Publication of statutes; supreme court reporters
Article Fifth. Section 23.
Tribunals of concilliation
Article Fifth. Section 24.
Commissioners to revise procedure
Article Fifth. Section 24.
First election of judges
Article Fifth. Section 25.
Certain officers to continue until expiration of term
Article Fifth. Section 26.
Special sessions
Article Fifth. Section 27.
Relief of surrogates' courts
In 1864 the Constitution was Changed 1 Time
In 1854 the Constitution was Changed 1 Time
1847
As with the amendments proposed by the 1821 Convention, the amendments proposed by the 1846 Convention covered a broad range of topics.
Future Constitutional Amendments
The package of amendments included one to give New Yorkers the opportunity to vote every 20 years on whether to hold a constitutional convention. This automatic question appeared on the ballot for the first time in 1866, and the practice has continued through today. This provision gives the people a pathway to seek constitutional change without going through the state legislature.
The 1846 Convention also made it easier for the legislature to propose constitutional amendments. Rather than requiring a two-thirds majority vote during the legislature’s second consideration of an amendment, the threshold was lowered to a simple majority vote.
Elected Officials
The amendments also turned some previously appointed positions into elected offices. The secretary of state, treasurer, attorney general, comptroller, canal commissioners, state engineer, and state prison inspectors were all made elected positions, as well as almost all state judicial and local offices. Governor John Young praised this amendment, noting that “Any appointing power, other than the people, may be either corrupted or subjected, unconsciously, to interested and pernicious influence.—Not so with the people. If they err to-day, they will correct the error to-morrow.”
The terms of state senators were also shortened from four to two years, and all legislators were to be elected from single-member districts, with the hope of allowing “the character and qualifications of candidates for office be fully known and appreciated by electors.” Despite voters’ rejection of the amendment expanding Black suffrage, one commentator described the amended constitution as “the apogee of participatory democracy in New York.”
Legislative Powers
For the first time, the constitution included a single-subject rule limiting legislation to just one topic. This was aimed at ending the practice of logrolling, which allowed legislators to combine unrelated provisions in one bill in an effort to drum up support. New York legislators had, up to this point, frequently attached matters of private or special concern to bills of a more general nature.
The convention also altered the balance of power between the legislature and local governments. As amended, the constitution authorized the legislature to regulate local governments by restricting their power in fiscal matters. At the same time, however, it allowed the legislature to delegate to county officials powers to deal with local matters.
Judiciary
Despite an attempt by the previous constitutional convention to reduce burdens on the court system, the state’s courts remained backlogged. To address this issue, the convention once again increased the number of judges, this time by creating eight judicial districts, with four Justices of the Supreme Court in each district (except the district comprised of the city and county of New York, which had eight justices), increasing the total number of justices from just three to 36. The amendment also replaced the Court of Impeachment and Correction of Errors with the Court of Appeals, which to this day remains New York’s highest court.
State Debt
In the early 1840s, eight states (Arkansas, Illinois, Indiana, Louisiana, Maryland, Michigan, Mississippi, and Pennsylvania) and the Territory of Florida defaulted on their debt obligations. States had incurred significant debt to build inter- and intra-state infrastructure, such as canals and railroads. New York only barely avoided default, and in response, New York became one of twenty states to adopt state constitutional public debt limits between 1840 and 1860. The amendment limited state debt to $1 million and required the state to seek voter approval for any additional debt, except for the purpose of state defense.
Jurors Listening to Counsel, Supreme Court, New York City Hall, New York. Harper's Weekly, Volume XIII (1869).
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In 1847 the Constitution was Changed 159 Times
Preamble
Preamble
Article First.
Article First. Section XVI.
Commencement of official term after first election
Article I.
Article I. Section 1.
Rights of citizens
Article I. Section 2.
Trial by jury preserved
Article I. Section 3.
Religious liberty
Article I. Section 4.
When writ of habeas corpus not to be suspended
Article I. Section 5.
Bail; fines; punishments; detention of witnesses
Article I. Section 6.
Rights of accused in criminal cases; taking private property for public use
Article I. Section 7.
Compensation for private property, how ascertained; private roads
Article I. Section 8.
Freedom of speech and press; evidence in libel cases
Article I. Section 9.
Two-thirds bills
Article I. Section 10.
Right to assemble and petition; divorces; lotteries prohibited
Article I. Section 11.
Sovereignty in real property; escheats
Article I. Section 12.
Feudal tenures abolished
Article I. Section 13.
Absolute ownership of estates
Article I. Section 14.
Leases of agricultural lands limited
Article I. Section 15.
Restraints on alienation prohibited
Article I. Section 16.
Indian lands
Article I. Section 17.
Common law continued
Article I. Section 18.
Royal grants and charters preserved
Article Second.
Article Second. Section I.
Qualifications of voters
Article Second. Section II.
Exclusion from right of suffrage
Article Second. Section 3.
Right of suffrage not affected by certain occupations and conditions
Article Second. Section III.
Registration of voters
Article Second. Section IV.
Elections to be by ballot
Article III.
Article III. Section 1.
Legislative power
Article III. Section 2.
Senate and assembly, how constituted
Article III. Section 3.
Senate districts
Article III. Section 4.
Census; reapportionment of senators
Article III. Section 5.
Apportionment of assembly
Article III. Section 6.
Compensation of members
Article III. Section 7.
Members not to receive certain civil appointments
Article III. Section 8.
Certain federal officers disqualified as members
Article III. Section 9.
Time of elections
Article III. Section 10.
Quorum; special powers of each house
Article III. Section 11.
Journals; public sessions; adjournments
Article III. Section 12.
Privileges of members
Article III. Section 13.
Bills may originate in either house
Article III. Section 14.
Enacting clause
Article III. Section 15.
Manner of passing bills
Article III. Section 16.
Private and local bills limited to one subject
Article III. Section 17.
Boards of supervisors may be vested with legislative powers
Article Third.
Article Third. Section I.
Governor and lieutenant governor; term of office
Article Third. Section II.
Qualifications of governor
Article Third. Section III.
Elections of governor and lieutenant governor
Article Third. Section IV.
Governor's general powers
Article Third. Section V.
Governor may grant pardons and reprieves
Article Third. Section VI.
When lieutenant governor to act as governor
Article Third. Section VII.
Qualifications of lieutenant governor; when president pro tem. to act as governor
Article Third. Section 8.
Lieutenant governor's compensation
Article Third. Section 9.
Legislature to present bills to governor for his action
Article Fourth.
Article Fourth. Section I.
Militia officers, how chosen
Article Fourth. Section IX.
District attorneys and clerks of courts; appointment and removal
Article Fourth. Section X.
Mayors, how appointed
Article Fourth. Section 1.
State officers; election and compensation
Article Fourth. Section 2.
State engineer and surveyor
Article Fourth. Section 3.
Canal commissioners
Article Fourth. Section 4.
State prison inspectors
Article Fourth. Section 5.
Commissioners of land office and canal fund
Article Fourth. Section 6.
Powers and duties of boards
Article Fourth. Section 7.
Suspension of treasurer
Article Fourth. Section 8.
Certain offices abolished
Article Fifth.
Article Fifth. Section 1.
Assembly may impeach civil officers
Article Fifth. Section 2.
Court of appeals
Article Fifth. Section 3.
Supreme court
Article Fifth. Section 4.
Judicial districts
Article Fifth. Section 5.
Legislature may alter jurisdiction and proceedings in law and equity
Article Fifth. Section 6.
General and special term; circuits; oyer and terminer
Article Fifth. Section 7.
Compensation of judges
Article Fifth. Section VII.
Judges to hold no other office
Article Fifth. Section 9.
Legislature to classify judges and fix terms of court
Article Fifth. Section 10.
Testimony in equity cases
Article Fifth. Section 11.
Removal of judges
Article Fifth. Section 12.
Election of judges
Article Fifth. Section 13.
Vacancies, how filled
Article Fifth. Section 14.
County judges and surrogates
Article Fifth. Section 15.
Special county judge and surrogate
Article Fifth. Section 16.
Reorganization of judicial districts
Article Fifth. Section 17.
Justices of the peace
Article Fifth. Section 18.
Local judicial officers
Article Fifth. Section 19.
Clerk of court of appeals; clerks of supreme court
Article Fifth. Section 20.
Fees to judicial officers prohibited
Article Fifth. Section 21.
Judgments of inferior courts may be removed to court of appeals
Article Fifth. Section 22.
Publication of statutes and decisions
Article Fifth. Section 23.
Tribunals of concilliation
Article Fifth. Section 24.
Commissioners to revise procedure
Article Fifth. Section 25.
Legislature to organize court of appeals; transfer of business of other courts
Article Sixth.
Article Seventh.
Article Seventh. Section IV.
Clergymen not eligible to office
Article VII.
Article VII. Section 1.
Canal sinking fund
Article VII. Section 2.
Canal appropriations; state debts
Article VII. Section 3.
Canal revenues
Article VII. Section 4.
Enforcement of state claims against corporations
Article VII. Section 5.
Appropriations for deficiency in canal revenues
Article VII. Section 6.
Canals not to be disposed of
Article VII. Section 7.
Salt springs not to be disposed of
Article VII. Section 8.
State moneys not to be expended without appropriation
Article VII. Section 9.
No state aid to individuals or corporations
Article VII. Section 10.
When state may contract debt
Article VII. Section 11.
Debts for state defense
Article VII. Section 12.
How other debts authorized
Article VII. Section 13.
Tax law to state amount and object of tax
Article VII. Section 14.
Three-fifths bills
Article VIII.
Article VIII. Section 1.
Corporations, how formed
Article VIII. Section 2.
Dues from corporations, how secured
Article VIII. Section 3.
Corporation defined
Article VIII. Section 4.
Banking corporations
Article VIII. Section 5.
Specie payments not to be suspended
Article VIII. Section 6.
Registry of bills and notes
Article VIII. Section 7.
Liability of stockholders
Article VIII. Section 8.
Preference of billholders
Article VIII. Section 9.
Incorporation of cities and villages
Article IX.
Article IX. Section 1.
Education funds preserved; how applied
Article X.
Article X. Section 1.
Election and removal of certain county officers
Article X. Section 2.
Local officers, how chosen
Article X. Section 3.
Duration of certain offices, how fixed
Article X. Section 4.
Legislature to prescribe time of elections
Article X. Section 5.
Vacancies
Article X. Section 6.
Political year and legislative term; opening of legislature
Article X. Section 7.
Removal of officers
Article X. Section 8.
Legislature may determine vacancies
Article XI.
Article XI. Section 1.
Militia
Article XI. Section 2.
Militia officers, how chosen
Article XI. Section 3.
Governor to appoint certain militia officers
Article XI. Section 4.
Election of militia officers
Article XI. Section 5.
Commissioned officers; removal
Article XI. Section 6.
Method of choosing militia officers may be changed
Article XII.
Article XII. Section 1.
Oath of office
Article XIII.
Article XIII. Section 1.
Constitution, how amended
Article XIII. Section 2.
Constitutional convention
Article XIV.
Article XIV. Section 1.
First election of legislature under this Constitution
Article XIV. Section 2.
First election of governor and lieutenant governor
Article XIV. Section 3.
State officers continued until expiration of term
Article XIV. Section 4.
First election of judges
Article XIV. Section 5.
Transfer of business of certain courts
Article XIV. Section 6.
Chancellor and supreme court to complete certain business
Article XIV. Section 7.
Governor to fill vacancies
Article XIV. Section 8.
Certain judicial offices abolished
Article XIV. Section 9.
Incumbents of abolished offices eligible to new office
Article XIV. Section 10.
County officers to continue until expiration of term
Article XIV. Section 11.
Judicial officers may continue to receive certain fees
Article XIV. Section 12.
Local courts continued
Article XIV. Section 13.
When Constitution to take effect
1846
Third Constitutional Convention
Although the amended constitution adopted in 1821 specified for the first time the process for making future amendments to the constitution, it did not explicitly lay out the process for calling a constitutional convention. Nonetheless, the legislature resolved in 1846 to call a constitutional convention rather than to continue its piecemeal efforts to modify the constitution by legislatively-referred amendments (which had yielded only eight amendments in the previous 25 years).
Like the 1821 Convention, the 1846 Convention presented its amendment proposals to voters as a package, explaining that “it was not practicable to separate” “the several amendments to the Constitution, agreed to by this convention” “into parts to be separately passed upon by the people” because the provisions were “often dependent on upon another.” The one exception was an amendment to repeal the property-owning requirement for Black suffrage. Although some voters, including the winning gubernatorial candidate John Young, might have objected to individual amendments had they been submitted separately, voters approved the bundled amendments. But they rejected the amendment expanding Black suffrage. The resulting document, which went into effect in 1847, was more than three times longer than the constitution as it was originally adopted in 1777.
To learn more about the substance of these amendments, see 1847.
List of delegates from the Manual for the use of the Convention to revise the constitution of the state of New York, convened at Albany, June 1, 1846. Walker and Craighead.
In 1839 the Constitution was Changed 1 Time
In 1835 the Constitution was Changed 1 Time
In 1833 the Constitution was Changed 2 Times
In 1826 the Constitution was Changed 3 Times
Amendments to the Constitution of the State of New York
Amendments to the Constitution of the State of New York
Amendments to the Constitution of the State of New York Amendment 1.
Justices of the peace, how chosen and classified
Amendments to the Constitution of the State of New York Amendment 2.
Qualifications of voters
1822
Voters approved the amendments proposed by the 1821 Constitutional Convention during a three-day election in January 1822, and the amendments took effect at the end of the year. As detailed below, these changes were significant and addressed some of the concerns repeatedly raised in the legislature over the previous two decades.
Constitutional Amendments
The 1777 Constitution lacked a provision describing the process for amending the constitution, leaving it up to the legislature to decide on ad hoc basis how to call a convention and whether to submit the convention’s proposals to the people for ratification. This apparent legislative prerogative drew criticism from the Council of Revision, which had the power to veto bills (though whether the council could exercise the vote for reasons other than a bill’s unconstitutionality was disputed). As one member of the Council observed after the legislature attempted to call a convention without first getting voter approval, “The Constitution is the will of the people expressed in their original charter. . . . [I]t is perfectly consonant to the republican theory, and to the declared sense and practice of this country, that it cannot be altered or changed in any degree without the expression of the same original will.”
The 1821 convention filled this gap by providing that future amendments would require the approval of two successive legislatures, first by a majority vote and then by a two-thirds vote, followed by a vote of the people.
Suffrage
The 1821 convention abolished the property ownership requirement for white men to vote, leaving the requirements that they paid taxes, served in the militia or as a fireman, or worked as a highway laborer—a move that “in practice proved to be unlimited suffrage for white males.” New York would remove these remaining qualifications for white males entirely through further amendment in 1826.
However, at the same time, the amendment increased the property and residency requirements for Black men to vote, requiring that they possess a freehold estate worth at least $250 and reside in the state for at least three years (compared to white men who only had to reside in the state for one year)—effectively disenfranchising all but a handful of Black New Yorkers. This marked the first time the New York Constitution expressly contained a provision referring to race.
Constitutional Structure and Separation of Powers
The convention also eliminated the Council of Revision and transferred the veto power to the governor. This significantly increased the governor’s power even though the convention simultaneously removed the governor’s power to adjourn the legislature (a power the governor had previously used to express disapproval of the legislature’s dealings) and shortened the governor’s term of office from three to two years.
The convention also imposed fiscal constraints on the legislature, including requiring two-thirds support for any bill appropriating money or property for local or private purposes. The requirement originated in scandals involving bank charters. “Early banks were popularly identified by their founders’ political affiliations” and soon became tools of the political parties. If a bank was controlled by a political party, “a bank could insure that party supporters were disproportionately advantaged with share ownership and, perhaps, access to credit.” Because the legislature limited the number of bank charters, prospective bankers employed various means of persuading the legislature to favor their petitions, including, allegedly, bribes.
Finally, despite the 1801 amendment clarifying the appointment power, relations between the governor and the other members of the Council of Appointments remained strained due to legislative control of the council. Then-council member Senator DeWitt Clinton, who had been “very persistent in pressing the claims of the council to a concurrent right of nomination,” became governor in 1817, at which point he changed his mind. As with the Council of Revision, the convention’s solution was to eliminate the Council of Appointments. Under the new system, the governor was authorized to appoint all judicial officers (except justices of the peace) with the consent of the senate and the legislature was empowered to make all other appointments, including the treasurer, attorney general, comptroller, and surveyor-general. Justices of the peace, sheriffs, county clerks, and coroners became elected positions. The power of removal was also split between the three branches. including by requiring senate approval of some gubernatorial removal recommendations.
Judiciary
By 1821, New York’s court system was unable to keep up with its expanding caseload given the state’s rapid population and economic growth, resulting in what one convention delegate described as “a denial of justice.” Many convention members also had concerns about who was on the bench, and they sought to push out sitting supreme court judges (who would otherwise remain in office until they turned 60) and replace them with new appointees.
The convention debated a number of proposals to increase the number of judges while also including provisions that one convention delegate characterized as having “no other object than that of pulling from the bench of our supreme court certain individuals who may have become odious to a portion of the community,” (but who had not engaged in the sort of misconduct that would justify removing them for cause). Proposals to change the size of the supreme court without immediately removing the incumbents were rejected.
The final amendment created a court for the trial of impeachments and correction of supreme court errors; divided the state into circuits, each with its own judge; decreased the number of supreme court justices from five to three (one chief justice and two associate justices) but increased the court’s capacity by having the circuit judges join the supreme court on some issues; terminated all incumbent supreme court justices; and prohibited judges from running for other elected office while sitting on the bench.
Bill of Rights
Voters also adopted a Bill of Rights, creating a separate article devoted to civil liberties. The Bill of Rights was based on both the English Bill of Rights (which had remained a part of state law following independence through a constitutional provision that kept English law in force, subject to legislative alteration), and the U.S. Constitution’s Bill of Rights. Some provisions, like those addressing habeas corpus, double jeopardy, and self-incrimination, were identical to their federal counterparts, but others—like freedom of speech or religion—contained distinctive language referencing collective responsibilities.
Broadway in New York City, 1820. Francis Guy.
In 1822 the Constitution was Changed 81 Times
Constitution of 1777 Article I.
Constitution of 1777 Article XXXI.
Article of Amendments
Article of Amendments
Preamble
Preamble
Article First.
Article First. Section I.
Legislative power
Article First. Section II.
Senate and assembly, how constituted
Article First. Section III.
Special powers of two houses
Article First. Section IV.
Journal of proceedings; public sessions; adjournments
Article First. Section V.
Senate districts
Article First. Section VI.
Census; reapportionment of senators
Article First. Section VII.
Apportionment of members of assembly
Article First. Section VIII.
Bills may originate in either house
Article First. Section IX.
Compensation of members
Article First. Section X.
Members not to receive civil appointment
Article First. Section XI.
Disqualification of members
Article First. Section XII.
Governor to approve bills
Article First. Section XIII.
Removals by legislature
Article First. Section XIV.
Political year; meeting of legislature
Article First. Section XV.
Elections, when held
Article First. Section XVI.
Commencement of official term after first election
Article Second.
Article Second. Section I.
Qualification of voters
Article Second. Section II.
Exclusion from right of suffrage
Article Second. Section III.
Registration of voters
Article Second. Section IV.
Elections to be by ballot
Article Third.
Article Third. Section I.
Governor and lieutenant governor; term of office
Article Third. Section II.
Qualifications of governor
Article Third. Section III.
Governor and lieutenant governor; election of
Article Third. Section IV.
Governor's general powers
Article Third. Section V.
Governor may grant pardons and reprieves
Article Third. Section VI.
When lieutenant governor to act as governor
Article Third. Section VII.
When president of senate to act as governor
Article Fourth.
Article Fourth. Section I.
Militia officers, how chosen
Article Fourth. Section II.
Governor to appoint certain militia officers
Article Fourth. Section III.
Legislature to regulate elections of militia officers
Article Fourth. Section IV.
Commissioned officers; how commissioned and removed
Article Fourth. Section V.
Legislature may prescribe other modes of appointment and removal
Article Fourth. Section VI.
State officers; how appointed
Article Fourth. Section VII.
Governor to appoint judicial officers, except justices of the peace
Article Fourth. Section VIII.
Sheriffs, clerks, and registers; election and removal
Article Fourth. Section IX.
District attorneys and clerks of courts; appointment and removal
Article Fourth. Section X.
Mayors, how appointed
Article Fourth. Section XI.
Coroners, election and removal
Article Fourth. Section XII.
Masters, examiners, and registers in chancery
Article Fourth. Section XIII.
Officers of other courts, how chosen
Article Fourth. Section XIV.
Justices' courts in New York
Article Fourth. Section XV.
Other officers, how chosen
Article Fourth. Section XVI.
Duration of offices not herein provided for
Article Fifth.
Article Fifth. Section I.
Court of impeachment, and for correction of errors
Article Fifth. Section II.
Assembly may impeach civil officers
Article Fifth. Section III.
Chancellor and supreme court justices, official term
Article Fifth. Section IV.
Supreme court, how constituted
Article Fifth. Section V.
Judicial circuits
Article Fifth. Section VI.
County judges and recorders
Article Fifth. Section VII.
Chancellor and supreme court judges to hold no other office
Article Sixth.
Article Sixth. Section I.
Official oath
Article Seventh.
Article Seventh. Section I.
Rights of citizens
Article Seventh. Section II.
Trial by jury preserved
Article Seventh. Section III.
Religious toleration
Article Seventh. Section IV.
Clergymen not eligible to office
Article Seventh. Section V.
Militia to be maintained; who may be excused from service
Article Seventh. Section VI.
Habeas corpus, when writ may be suspended
Article Seventh. Section VII.
Right of accused in criminal cases; taking private property for public use
Article Seventh. Section VIII.
Freedom of speech and press; evidence in libel cases
Article Seventh. Section IX.
Two-thirds bills
Article Seventh. Section X.
Common school funds; canals; salt springs
Article Seventh. Section XI.
Lotteries prohibited
Article Seventh. Section XII.
Indian lands
Article Seventh. Section XIII.
Common law continued
Article Seventh. Section XIV.
Royal grants and charters preserved
Article Eighth.
Article Eighth. Section I.
Constitution, how amended
Article Ninth.
Article Ninth. Section I.
Constitution, when to take effect
Article Ninth. Section II.
Existing election laws applicable to first election
1821
Second Constitutional Convention
In 1811, the assembly passed a bill recommending a convention to consider “the property qualifications of voters, the Council of Appointment, the election of sheriffs, and the appointment of clerks by the court of common pleas.” The assembly also debated whether to recommend that the convention address a number of other subjects, including for-cause protections for appointed officers, prohibitions on dual office holding, and single-member senate districts. The senate, however, failed to pass the assembly’s bill, so no convention was called. Around this same time, citizens from Ontario and Rensselaer Counties independently petitioned the legislature to pursue a constitutional amendment to remove the property qualifications on voters.
After additional legislative efforts to call a constitutional convention failed, the legislature ultimately put the question of holding a convention before voters in 1821. Just one year prior, the Council of Revision vetoed a convention bill on the grounds that it would have called the convention without first seeking voter approval.
Voters approved the 1821 convention call, and the convention then met from August through November. Although the convention had the option to present its proposed amendments to the state’s voters separately, it chose to submit the amendments all together for “convenience.” Voters approved the amendment package in early 1822, resulting in a document that is commonly considered the second constitution of the state even though it was presented to voters as an amended version of the 1777 constitution.
To learn more about the substance of these amendments, see 1822.
1801
First Amendments to the 1777 Constitution
The 1777 Constitution lacked a formal mechanism for making amendments or for calling a new constitutional convention. However, when issues with the size of the legislature and the power of appointment arose, the legislature passed a bill proposing a convention that would address only those two issues and provide for an election to select delegates. Although the legislature had considered putting the decision to call a convention to a popular vote, the final bill only gave the people the opportunity to elect delegates, not to approve or disapprove of the convention itself.
The convention adopted two amendments, neither of which were submitted to the voters for ratification.
First, the 1777 constitution had tied the number of state legislators to state’s population, which meant that the legislature’s size ballooned as the state grew. Originally, the senate had 24 members, split between four multi-member senate districts, and the assembly had 70, with each county serving as a multi-member assembly district. By 1801, the senate had 43 members, and the assembly had grown to 126 members. Further increases were on the horizon because the 1777 constitution authorized a senate of up to 100 members and an assembly of up to 300. The 1801 convention adopted an amendment fixing the number of senators at 32, apportioned by population, and providing for between 100 and 150 assembly members, with each county receiving at least one assembly member.
Second, the convention addressed a dispute over who had the authority to nominate appointees—the governor alone or also the Council of Appointments. The Council of Appointments was comprised of one senator from each of the four senate districts and the governor (or whoever was serving as the executive when the governor was absent from the state). It was clear under the 1777 constitution that the council could approve or reject appointees, but the governor and the rest of the council disagreed on whether the initial power to nominate appointees rested with the governor or with the council.
After rejecting a proposal that would have given the council both nomination and approval powers, the 1777 legislature adopted the version of the provision at issue, which separated the power of appointment from the other powers of the governor with a semi-colon. In a separate statement not expressly incorporated into the constitution, the legislature declared that “the appointment of officers in this state is, by the Constitution thereof, vested in the governor, by and with the advice and consent of the council of Appointment.” Despite the legislature’s instruction on construction, in 1794, the council nominated and approved the appointment of a judge to the supreme court over the protests of Governor George Clinton. This act sparked the dispute eventually resolved by the 1801 convention.
In 1795, Governor Clinton’s successor, John Jay, asked the legislature to step in to settle the disagreement, but the issue remained unsettled. By 1801, the work of the council had stalled as tensions between the governor and the rest of the council came to a head. Following another request from Governor Jay, the senate and assembly struggled for months to come to a consensus on the issue before directing the question to the constitutional convention, by which time George Clinton had retaken the office of governor. (Governor Jay had also requested the opinion of the judiciary, but the court declined to opine on the issue.)
The question was only settled when the 1801 Constitutional Convention adopted a resolution clarifying that the “true construction” of the provision vested both the governor and the council with the concurrent power to nominate appointees. By permitting the legislature to share nominating power with the governor, the convention paved the way for a system of political patronage and concentrated the power in the legislative members of the council, who held all but one seat on the council.
Gubernatorial portrait of George Clinton (c. 1802). Ezra Ames.
In 1801 the Constitution was Changed 6 Times
Article of Amendments
Article of Amendments
Article of Amendments Amendment I.
Assembly reorganized
Article of Amendments Amendment II.
Apportionment of new assembly
Article of Amendments Amendment III.
Senate reorganized
Article of Amendments Amendment IV.
Future appointments of legislature
Article of Amendments Amendment V.
Council of appointment, powers construed
1777
The First Constitution
After the start of the American Revolutionary War, a pro-independence legislature governed the parts of New York outside of British military control. Originally called the Provincial Congress of the Colony of New York, the body adopted the name Convention of the Representatives of the State of New York after it endorsed the Declaration of Independence.
Unlike the earlier legislative bodies, which were elected primarily to consider acts to provide for the welfare of the state in wartime, the new 1776 legislature was “elected with express authority to form a new plan of government”: “[T]he right of framing, creating, or remodeling Civil Government is and ought to be in the People.” Although the resulting constitution was not submitted to the people for ratification, it contained a proclamation that “no authority shall, on any pretence whatever, be exercised over the people or members of this State but such as shall be derived from and granted by them.”
The legislature drafted the state’s first constitution while also managing the state’s war effort. It had few other constitutions to reference as models except those being newly drafted and adopted in other states. Nonetheless, the 1777 Constitution laid the foundations for the state’s modern tripartite government. It created a bicameral legislature, a governor, a Council of Revision through which the governor and several judges could revise bills, a Council of Appointment through which the governor and several state senators appointed officials whose selection was not otherwise provided for in the constitution, and one court,the Court for the Trial of Impeachments and the Correction of Errors.
Although the 1777 Constitution lacked a formal bill of rights, it did contain a right to trial by jury, counsel in felony cases, due process, prohibition on bills of attainder, as well as a right to conscientious objection for Quakers, and provisions providing for religious freedom. It also permitted all men, regardless of race, to vote upon meeting certain property requirements.
"Vice-President Van Cortlandt with the members of the convention appeared in front of the court-house, and the secretary, Robert Benson mounted upon a barrel, read the immortal document to the assembled multitude" New York Public Library.