Difference between revisions of "New York Constitution"

From Ballotpedia
Jump to: navigation, search
m
Line 1: Line 1:
{{NYConstitution}}{{TOCnestright}}The '''New York State Constitution''' is a [[state constitution]] and the fundamental governing document of the state of [[New York]].  It 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 constitution|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.
+
{{NYConstitution}}{{tnr}}The '''New York State Constitution''' is the fundamental governing document of the state of [[New York]].   
  
New York State has had five constitutions, adopted in 1777, 1821, 1846, 1894, and 1938. In the 20th century alone it held three constitutional conventions, the efforts of two of which (1915 and 1967) were rejected by the electorate. The constitution produced by the 1938 convention (itself substantially a modification of the 1894 constitution), as modified by subsequent amendments, the latest of 2002, now forms the fundamental law of the State.
+
==Features==
 +
The New York Constitution consists of a preamble followed by 20 articles.<ref name="ny">[http://www.dos.ny.gov/info/constitution.htm ''New York State'', "New York Constitution," accessed March 30, 2014]</ref>
  
Currently, the New York State Constitution has 55,326 words, omitting the title.
+
It 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 constitution|state constitutions]] in the United States, the New York 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 {{JP|State of New York Court of Appeals|New York Court of Appeals}} has seen fit to interpret analogous provisions differently from [[United States Supreme Court]]'s interpretation of federal provisions.
 +
 
 +
Currently, the New York State Constitution has 55,326 words, omitting the title.<ref>[http://www.thefullwiki.org/New_York_State_Constitution ''The Full Wiki'', "New York State Constitution," accessed March 30, 2014]</ref>
  
 
==[[Preamble, New York Constitution|Preamble]]==
 
==[[Preamble, New York Constitution|Preamble]]==
Line 9: Line 12:
 
:: ''See also: [[Preambles to state constitutions]]''
 
:: ''See also: [[Preambles to state constitutions]]''
  
The preamble of the New York Constitution is:
+
The preamble of the New York Constitution states:
  
:'' 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.''
+
{| style="width:40%; background:#F2F2F2; margin-top:.1em; border:.5px solid #cccccc; solid;"
 +
|color:#000"|
 +
|-
 +
|
 +
| <center>''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.''<ref name="ny"/></center>
 +
|}
  
==Articles==
+
==[[Article I, New York Constitution|Article I: Bill of Rights]]==
The New York Constitution consists of a preamble followed by 20 articles:
+
Article I of the New York Constitution is entitled "Bill of Rights" and consists of 18 sections, three of which have been repealed.
# [[Article I, New York Constitution|Bill of Rights]]
+
# [[Article II, New York Constitution|Suffrage]]
+
# [[Article III, New York Constitution|Legislature]]
+
# [[Article IV, New York Constitution|Executive]]
+
# [[Article V, New York Constitution|Officers and Civil Departments]]
+
# [[Article VI, New York Constitution|Judiciary]]
+
# [[Article VII, New York Constitution|State Finances]]
+
# [[Article VIII, New York Constitution|Local Finances]]
+
# [[Article IX, New York Constitution|Local Governments]]
+
# [[Article X, New York Constitution|Corporations]]
+
# [[Article XI, New York Constitution|Education]]
+
# [[Article XII, New York Constitution|Defense]]
+
# [[Article XIII, New York Constitution|Public Officers]]
+
# [[Article XIV, New York Constitution|Conservation]]
+
# [[Article XV, New York Constitution|Canals]]
+
# [[Article XVI, New York Constitution|Taxation]]
+
# [[Article XVII, New York Constitution|Social Welfare]]
+
# [[Article XVIII, New York Constitution|Housing]]
+
# [[Article XIX, New York Constitution|Amendments to Constitution]]
+
# [[Article XX, New York Constitution|When to Take Effect]]
+
  
==Constitutional amendments==
+
== [[Article II, New York Constitution|Article II: Suffrage]]==
 +
Article II of the New York Constitution is entitled "Suffrage" and consists of nine sections.
  
 +
==[[Article III, New York Constitution|Article III: Legislature]]==
 +
Article III of the New York Constitution is entitled "Legislature" and consists of 25 sections.
 +
 +
==[[Article IV, New York Constitution|Article IV: Executive]]==
 +
Article IV of the New York Constitution is entitled "Executive" and consists of eight sections.
 +
 +
==[[Article V, New York Constitution|Article V: Officers and Civil Departments]]==
 +
Article V of the New York Constitution is entitled "Officers and Civil Departments" and consists of seven sections.
 +
 +
==[[Article VI, New York Constitution|Article VI: Judiciary]]==
 +
Article VI of the New York Constitution is entitled "Judiciary" and consists of 40 sections.
 +
 +
==[[Article VII, New York Constitution|Article VII: State Finances]]==
 +
Article VII of the New York Constitution is entitled "State Finances" and consists of 19 sections.
 +
 +
==[[Article VIII, New York Constitution|Article VIII: Local Finances]]==
 +
Article VIII of the New York Constitution is entitled Local Finances and consists of 15 sections.
 +
 +
==[[Article IX, New York Constitution|Article IX: Local Governments]]==
 +
Article IX of the New York Constitution is entitled "Local Governments" and consists of three sections.
 +
 +
==[[Article X, New York Constitution|Article X: Corporations]]==
 +
Article X of the New York Constitution is entitled "Corporations" and consists of eight sections.
 +
 +
==[[Article XI, New York Constitution|Article XI: Education]]==
 +
Article XI of the New York Constitution is entitled "Education" and consists of three sections.
 +
 +
==[[Article XII, New York Constitution|Article XII: Defense]]==
 +
Article XII of the New York Constitution is entitled "Defense" and consists of one section.
 +
 +
==[[Article XIII, New York Constitution|Article XIII: Public Officers]]==
 +
Article XIII of the New York Constitution is entitled "Public Officers" and consists of 14 sections.
 +
 +
==[[Article XIV, New York Constitution|Article XIV: Conservation]]==
 +
Article XIV of the New York Constitution is entitled "Conservation" and consists of five sections.
 +
 +
==[[Article XV, New York Constitution|Article XV: Canals]]==
 +
Article XV of the New York Constitution is entitled "Canals" and consists of four sections.
 +
 +
==[[Article XVI, New York Constitution|Article XVI: Article XVI: Taxation]]==
 +
Article XVI of the New York Constitution is entitled "Taxation" and consists of six sections.
 +
 +
==[[Article XVII, New York Constitution|Article XVII: Social Welfare]]==
 +
Article XVII of the New York Constitution is entitled "Social Welfare" and consists of seven sections.
 +
 +
==[[Article XVIII, New York Constitution|Article XVIII: Housing]]==
 +
Article XVIII of the New York Constitution is entitled "Housing" and consists of ten sections.
 +
 +
==[[Article XIX, New York Constitution|Article XIX: Amendments to Constitution]]==
 +
Article XIX of the New York Constitution is entitled "Amendments to Constitution" and consists of three sections.
 +
 +
==[[Article XX, New York Constitution|Article XX: When to Take Effect]]==
 +
Article XX of the New York Constitution is entitled "When to Take Effect" and consists of one section.
 +
 +
==Constitutional amendments==
 
:: ''See also: [[Amending state constitutions]]''
 
:: ''See also: [[Amending state constitutions]]''
  
Line 45: Line 89:
 
* If both chambers of the legislature (the [[New York State Senate]] and the [[New York State Assembly]]) agree with the proposed amendment by a simple majority vote, the proposed amendment is then referred to "the next regular legislative session convening after the succeeding general election of members of the assembly."
 
* If both chambers of the legislature (the [[New York State Senate]] and the [[New York State Assembly]]) agree with the proposed amendment by a simple majority vote, the proposed amendment is then referred to "the next regular legislative session convening after the succeeding general election of members of the assembly."
 
* If that next session of the legislature agrees with the amendment by a simple majority vote of both chambers, "it shall be the duty of the legislature to submit each proposed amendment or amendments to the people for approval in such manner and at such times as the legislature shall prescribe."
 
* If that next session of the legislature agrees with the amendment by a simple majority vote of both chambers, "it shall be the duty of the legislature to submit each proposed amendment or amendments to the people for approval in such manner and at such times as the legislature shall prescribe."
* If a general statewide vote approves the amendment by a simple majority vote, it becomes a part of the constitution on the "day of January next after such approval."<ref>[http://www.senate.state.ny.us/lbdcinfo/senconstitution.html Article XIX of the New York Constitution]</ref>
+
* If a general statewide vote approves the amendment by a simple majority vote, it becomes a part of the constitution on the "day of January next after such approval."<ref>[http://www.dos.ny.gov/info/constitution.htm ''New York State'', "Article XIX, New York Constitution," accessed March 30, 2014]</ref>
  
 
The New York Constitution can also be amended through the [[constitutional convention]] process:
 
The New York Constitution can also be amended through the [[constitutional convention]] process:
Line 53: Line 97:
 
* The New York Constitution is the only state constitution that describes the constitutional convention process that specifically says what to do should a delegate to the convention die while the convention is still ongoing.
 
* The New York Constitution is the only state constitution that describes the constitutional convention process that specifically says what to do should a delegate to the convention die while the convention is still ongoing.
  
== External links ==
+
==History==
{{wikipedia}}
+
New York State has had five constitutions, adopted in 1777, 1821, 1846, 1894 and 1938. In the 20th century alone it held three [[constitutional convention]]s, the efforts of two of which (1915 and 1967) were rejected by the electorate. The constitution produced by the 1938 convention (itself substantially a modification of the 1894 constitution), as modified by subsequent amendments, now form the fundamental law of the state.<ref>[http://www.nysl.nysed.gov/scandocs/nyconstitution.htm ''NYSED.gov'', "New York State Constitutional Conventions and Constitutional History," accessed March 30, 2014]</ref>
*[http://www.senate.state.ny.us/lbdcinfo/senconstitution.html Current Constitution]
+
 
*[http://www.dos.state.ny.us/info/pdfs/cons2004.pdf New York State Constitution, As Amended and in Force Since January 1, 2002, Current through January 1, 2004] (PDF - text)
+
 
*[http://books.google.com/books?id=yX44AAAAIAAJ&printsec=titlepage&dq=new+york+constitution The Constitutional History of New York] (Google Book)
+
==See also==
* [http://en.wikisource.org/wiki/New_York_Constitution New York Constitution of 1777 from Wikipedia]
+
[[File:StateConstitutions Ballotpedia.jpg|right|175px]]
 +
* [[State constitution]]
 +
* [[Constitutional article]]
 +
* [[Constitutional amendment]]
 +
* [[Constitutional revision]]
 +
* [[Constitutional convention]]
 +
* [[Amendment|Amendments]]
 +
** [[Initiated constitutional amendment]]
 +
** [[Legislatively-referred constitutional amendment]]
 +
** [[Publication requirements for proposed state constitutional amendments]]
 +
** [[Rules about constitutional conventions in state constitutions]]
 +
** [[State constitutional articles governing state legislatures]]
 +
 
 +
==External links==
 +
{{submit a link}}
 +
*[http://www.dos.ny.gov/info/constitution.htm ''New York State'', "New York Constitution"]
 +
*[http://www.nysl.nysed.gov/scandocs/nyconstitution.htm ''NYSED.gov'', "New York State Constitutional Conventions and Constitutional History"]
 +
*[http://www.history.com/this-day-in-history/new-york-adopts-state-constitution ''History.com'', " Apr 20, 1777: New York adopts state constitution"]
 +
 
 +
==Additional reading==
 +
*[http://global.oup.com/academic/product/the-new-york-state-constitution-second-edition-9780199860562?cc=us&lang=en& Galie, Peter J., and Christopher Bopst. (2012). ''The New York State Constitution'', New York, New York: Oxford University Press]
 +
*[http://www.amazon.com/The-York-State-Constitution-Constitutions/dp/0313261563 Galie, Peter J. (1990). ''The New York State Constitution: A Reference Guide'', Westport, Connecticut: Greenwood Press]
 +
*[http://books.google.com/books?id=yX44AAAAIAAJ&printsec=titlepage&dq=new+york+constitution Lincoln, Charles Zebina. (1906). ''The Constitutional History of New York'', Lawyers Co-operative Publishing Company]  
  
 
==References==
 
==References==
{{reflist|2}}
+
{{reflist}}
 
{{New York Constitution}}
 
{{New York Constitution}}
 
{{State constitutions}}
 
{{State constitutions}}
 
{{New York}}
 
{{New York}}

Revision as of 12:03, 4 April 2014

New York Constitution
Seal of New York.png
Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIIXIIIXIVXVXVIXVIIXVIIIXIXXX
The New York State Constitution is the fundamental governing document of the state of New York.

Features

The New York Constitution consists of a preamble followed by 20 articles.[1]

It 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, the New York 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.

Currently, the New York State Constitution has 55,326 words, omitting the title.[2]

Preamble

See also: Preambles to state constitutions

The preamble of the New York Constitution states:

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.[1]

Article I: Bill of Rights

Article I of the New York Constitution is entitled "Bill of Rights" and consists of 18 sections, three of which have been repealed.

Article II: Suffrage

Article II of the New York Constitution is entitled "Suffrage" and consists of nine sections.

Article III: Legislature

Article III of the New York Constitution is entitled "Legislature" and consists of 25 sections.

Article IV: Executive

Article IV of the New York Constitution is entitled "Executive" and consists of eight sections.

Article V: Officers and Civil Departments

Article V of the New York Constitution is entitled "Officers and Civil Departments" and consists of seven sections.

Article VI: Judiciary

Article VI of the New York Constitution is entitled "Judiciary" and consists of 40 sections.

Article VII: State Finances

Article VII of the New York Constitution is entitled "State Finances" and consists of 19 sections.

Article VIII: Local Finances

Article VIII of the New York Constitution is entitled Local Finances and consists of 15 sections.

Article IX: Local Governments

Article IX of the New York Constitution is entitled "Local Governments" and consists of three sections.

Article X: Corporations

Article X of the New York Constitution is entitled "Corporations" and consists of eight sections.

Article XI: Education

Article XI of the New York Constitution is entitled "Education" and consists of three sections.

Article XII: Defense

Article XII of the New York Constitution is entitled "Defense" and consists of one section.

Article XIII: Public Officers

Article XIII of the New York Constitution is entitled "Public Officers" and consists of 14 sections.

Article XIV: Conservation

Article XIV of the New York Constitution is entitled "Conservation" and consists of five sections.

Article XV: Canals

Article XV of the New York Constitution is entitled "Canals" and consists of four sections.

Article XVI: Article XVI: Taxation

Article XVI of the New York Constitution is entitled "Taxation" and consists of six sections.

Article XVII: Social Welfare

Article XVII of the New York Constitution is entitled "Social Welfare" and consists of seven sections.

Article XVIII: Housing

Article XVIII of the New York Constitution is entitled "Housing" and consists of ten sections.

Article XIX: Amendments to Constitution

Article XIX of the New York Constitution is entitled "Amendments to Constitution" and consists of three sections.

Article XX: When to Take Effect

Article XX of the New York Constitution is entitled "When to Take Effect" and consists of one section.

Constitutional amendments

See also: Amending state constitutions

According to Article XIX, the New York State Legislature has the power to propose amendments to the constitution as follows:

  • Any proposed amendments must be referred to the New York Attorney General, who is required to provide a written opinion as to how the proposed amendment fits in with other provisions of the constitution.
  • If both chambers of the legislature (the New York State Senate and the New York State Assembly) agree with the proposed amendment by a simple majority vote, the proposed amendment is then referred to "the next regular legislative session convening after the succeeding general election of members of the assembly."
  • If that next session of the legislature agrees with the amendment by a simple majority vote of both chambers, "it shall be the duty of the legislature to submit each proposed amendment or amendments to the people for approval in such manner and at such times as the legislature shall prescribe."
  • If a general statewide vote approves the amendment by a simple majority vote, it becomes a part of the constitution on the "day of January next after such approval."[3]

The New York Constitution can also be amended through the constitutional convention process:

  • According to Section 2 of Article XIX, a question as to whether there shall be a convention is to appear on the statewide ballot every 20 years beginning in 1957.
  • The New York State Legislature can also refer a question to the ballot about whether to hold a convention.
  • The New York Constitution is the only state constitution that describes the constitutional convention process that specifically says what to do should a delegate to the convention die while the convention is still ongoing.

History

New York State has had five constitutions, adopted in 1777, 1821, 1846, 1894 and 1938. In the 20th century alone it held three constitutional conventions, the efforts of two of which (1915 and 1967) were rejected by the electorate. The constitution produced by the 1938 convention (itself substantially a modification of the 1894 constitution), as modified by subsequent amendments, now form the fundamental law of the state.[4]


See also

StateConstitutions Ballotpedia.jpg

External links

BallotpediaAvatar bigger.png
Suggest a link

Additional reading

References