Constitution of New York


The Constitution of the State of New York establishes the structure of the government of the State of New York, and enumerates the basic rights of the citizens of New York. Like most state constitutions in the United States, New York's constitution's provisions tend to be more detailed and amended more often than its federal counterpart. Because the history of the state constitution differs from the federal constitution, the New York Court of Appeals has seen fit to interpret analogous provisions differently from United States Supreme Court's interpretation of federal provisions.

Constitutional conventions

The State of New York has held nine Constitutional conventions: in 1776–1777, 1801, 1821, 1846, 1867–1868, 1894, 1915, 1938, and 1967; a Constitutional Commission in 1872–1873; and a Judicial Convention in 1921. Despite this, the state has had only four essentially de novo constitutions in its history, those of 1777, 1821, 1846, and 1894.
During the 20th century, the State held three constitutional conventions, the efforts of two of which were rejected by the New York State electorate. However, portions of the seventh Convention's proposals of 1915, were adopted separately later in 1925 and 1927. The eighth Constitutional Convention of 1938, unlike all other state constitutional conventions since 1801, did not actually propose an entirely new Constitution, but just substantially modified the 1894 Constitution, from the sixth Convention, which was still in force.

Current Constitution

New York's constitution consists of a preamble and 20 articles. It was last amended on January 1, 2025.

Preamble

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

Article I: Bill of Rights

This article establishes the rights and personal freedoms of the people, as well as the responsibilities and limitations of the government. Many of the provisions in this article are similar to those in the Constitution of the United States. Some provisions included are freedom of speech, a trial by jury, freedom of worship, habeas corpus, and security against unreasonable search and seizures. This article also permits the use of eminent domain, collective bargaining, the New York State Lottery, parimutuel betting on horse racing, and up to seven commercial casinos. A 2021 amendment noted that residents of the state are entitled to "clean air and water, and a healthful environment."

Article II: Suffrage

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

Article III: Legislature

This article establishes the powers and limitations of the bicameral New York State Legislature, which consists of a Senate containing 50 members initially, and an Assembly containing 150 members. Except for Senators elected in 1895 who served three-year terms, every legislative member is elected to two-year terms. The current number of Senators is set by State Law §123, and the number of Senate districts is set at 63 by State Law §124; currently, there are 63 Senate seats. The legislative process, such as the passage of bills, is also described in this article.
The article includes rules and processes for drawing legislative districts and making apportionments. The United States Census is used to determine the number of inhabitants; if it is not carried out or fails to provide this information, then the state Legislature has the power to enumerate its inhabitants. Whenever districts must be amended, an "independent redistricting commission" composed of ten members is created. Drawing of district lines must not violate racial or language minority voting rights. Each district must contain "as nearly as may be an equal number of inhabitants"; if it does not the commission must provide a reason. Additionally, districts must consist of a contiguous territory and be "as compact in form as practicable".
Emergency powers are described in Section 25. The legislature is granted the power to enact measures allowing the continuity of government, and "provide for prompt and temporary succession" of public offices if they were to become unavailable in the event of an emergency caused by "enemy attack or by disasters ". The final paragraph states: "Nothing in this article shall be construed to limit in any way the power of the state to deal with emergencies arising from any cause".
This article also abolishes prison labor contracts and notes that no one can be a state or local legislature while also holding any civil or military position without having to vacate their seats.

Article IV: Executive

This article states that executive branch powers are vested in the governor and lieutenant governor, who are elected jointly to serve four-year terms. The governor can veto legislative bills, is the commander-in-chief of the state's military, can convene the legislature "on extraordinary occasions", and has the power to grant pardons for all offenses except treason and impeachment. The order of succession has the lieutenant governor first in line, and then the temporary president of the Senate.

Article V: Officers and Civil Departments

Article V describes the roles of the comptroller and attorney-general as well as the operation of the civil departments, of which there can be at most 20. This article also gives veterans an advantage in hiring and promotions for state officer positions, especially if they have been disabled due to service. In addition, this article protects public employee pension benefits from being diminished or impaired.

Article VI: Judiciary

Article VI describes the judicial branch, including the court systems, the operation of trials, and the conditions for appointing and removing judges and justices. It contains 37 sections, more than any other article. It describes the Court of Appeals, the Supreme Court and its Appellate Division as well as lesser courts. It also lays out special rules for the courts of New York City and the procedure by which the governor designates justices.
This article also provides for trial by jury, which is composed of six or of twelve persons depending on the circumstances.

Article VII: State Finances

This article describes a number of items related to state finances. It requires the heads of each department to prepare and have estimates for budgets presented to the governor by December 1 of each year. Department heads may also be required to attend hearings called by the governor as budget estimates are reviewed. The governor then submits their budget including any proposed bills for expenditures.
The state can loan money to lending institutions for loans to purchase manufacturing property but only up to 80% of the value. The state can not take on debt unless they can expect that amount to be paid back through taxes or new and existing bonds will provide funding for the year for that appropriation bill. However, the state can take on debt in the case of insurrection, invasion, or forest fire.

Article VIII: Local Finances

Counties, cities, towns, and villages can make provisions of aid for the care, support, maintenance, education, and health and welfare services for children, inmates, retired fire or police department workers, and widows of the fire department and police. It also provides for other rules for how counties, cities, towns, and villages can use money, and how they should pay their debts.

Article IX: Local Governments

Article X: Corporations

Article XI: Education

In this article, money is provided for the common schools and notes that all children have the right to be educated. In addition, it establishes the New York State Board of Regents and the University of the State of New York. It also prohibits the spending money on religious schools except for transportation.

Article XII: Defense

Article XIII: Public Officers

Article XIV: Conservation

Article XV: Canals

The legislature cannot sell, abandon or otherwise dispose of the barge canal system. However, if any canal lands are no longer useful for navigation, the legislature can authorize their sale or disposal. These assets must remain property of the state forever under state management.
Revocable permits and leases can be granted for the use of canal properties. In addition, the state can lease or transfer the entire canal system to the federal government for integration into the national system of inland waterways. This transfer can occur with or without compensation to New York State. If transferred the state can still fund canal operations for benefits like flood control and water management
The legislature must fund maintenance and improvements of the canals. Any revenue from canal lands or usage must go into a special revenue fund which can only be used for canal related projects.

Article XVI: Taxation

Article XVII: Social Welfare

Article XVIII: Housing

Article XIX: Amendments to Constitution

Article XX: When to Take Effect

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

Constitution of New York, 1777

The Fourth New York Provincial Congress, resolving itself as the Convention of Representatives of the State of New York, adopted the first constitution of the state of New York on April 20, 1777.
The Province of New York was established after the naval invasion and absorption of the previous Dutch Colony of New Netherlands. The original proprietor was the Duke of York, the future James II of England and James VII of Scotland and younger brother of the then-King of England, Charles II. Its Colonial Charter was under authority from the Monarch, of the Kingdom of England and later of Great Britain, after the Act of Union of 1707 which united England and Wales and the formerly independent kingdom of Scotland
The First Constitution of 1777, which replaced this Colonial Charter with its royal authority, for the newly independent "State of New York" was framed by a Convention which assembled at White Plains, New York, on Sunday evening, July 10, 1776. The city was then threatened with a British occupation by an invading British Army landing on Staten Island. There were repeated adjournments and changes of location, caused by the increasingly desperate war situation, with General George Washington's ragged Continental Army, forced out of New York City by crushing defeats in the New York and New Jersey campaign. The British went on to completely occupy 5 counties in the state, along with New York City itself from 1776 until 1783.
The work of creating a democratic and free independent state continued by the Convention through the bitter winter with the British quartered in the City of New York and Washington's few thousand troops camped in winter quarters to the southwest in Morristown, New Jersey. The first Constitutional Convention in New York's history terminated its labors at Kingston, New York, on Sunday evening, April 20, 1777, when the new Constitution was adopted with but one dissenting vote, and then adjourned. The site is now Senate House State Historic Site. The constitution was not submitted to the people for ratification, however because of the war situation. It was drafted by John Jay, Robert R. Livingston,, and Gouverneur Morris, who would subsequently help write the U.S. Constitution.
This Constitution was a combination document, containing its own "Declaration of Independence" from Great Britain, and its Constitutional Law. It called for a weak bicameral legislature and a strong executive branch with a governor. It retained provisions from the Colonial Charter such as the substantial property qualification for voting and the ability of the Governor to prorogue the Legislature. This imbalance of power between the branches of state government kept the elite firmly in control, and disenfranchised the majority of the male New York population. Slavery was legal in New York until 1827.
Under this Constitution, the lower chamber Assembly had a provision for a maximum of 70 Members, with the following apportionment:
  1. For the City and County of New York, nine.
  2. The City and County of Albany, ten
  3. Dutchess County, seven.
  4. Westchester County, six.
  5. Ulster County, six.
  6. Suffolk County, five.
  7. Queens County, four.
  8. Orange County, four.
  9. Kings County, two.
  10. Richmond County, two.
  11. Tryon County.
  12. Charlotte County, four.
  13. Cumberland County, three.
  14. Gloucester County, two.
This apportionment stood unchanged until seven years after the end of the Revolutionary War, in 1790, when the First United States Census was held to correct apportionments.
On the subject of enfranchisement, Article VII of the new constitution said: