Difference between revisions of "New York Constitution"

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==History==
 
==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 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>
 
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>
 
  
 
==See also==
 
==See also==

Revision as of 16:01, 24 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

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External links

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Additional reading

References