Citizendia

The New York State Constitution establishes the structure of the government of the state of New York, and enumerates the basic rights of the citizens of New York. New York ( is a state in the Mid-Atlantic and Northeastern regions of the United States and is the nation's third most populous 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. Every state in the United States possesses its own constitution The United States of America —commonly referred to as the The Constitution of the United States of America is the supreme Law of the United States. 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. New York Court of Appeals is the highest court in the US state of New York. The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary.

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. [1]

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

Contents

Constitution of New York, 1777

The Province of New York was established by its colonial charter. The Province of New York (1664-1776 (Provincie New York resulted from the capture of the Dutch Republic colony of Provincie Nieuw-Nederland by the A Colonial Charter is a Document that gave colonies the Legal rights to exist The constitution of 1777, which replaced the charter, was framed by a convention which assembled at White Plains, New York on July 10, 1776, and after repeated adjournments and changes of location, terminated its labors at Kingston, New York on Sunday evening, April 20, 1777, when the constitution was adopted with but one dissenting vote. Alternative meaning Constitutional convention (political custom A constitutional convention is a gathering for the purpose of writing a new The City of White Plains is the County seat of Westchester County New York. Events 48 BC - Battle of Dyrrhachium, Julius Caesar barely avoids a catastrophic defeat to Pompey in Macedonia. Year 1776 ( MDCCLXXVI) was a Leap year starting on Monday (link will display the full calendar of the Gregorian calendar (or a Kingston is a City in Ulster County, New York, United States. Events 1303 - The University of Rome La Sapienza is instituted by Pope Boniface VIII. Year 1777 ( MDCCLXXVII) was a Common year starting on Wednesday (link will display the full calendar of the Gregorian calendar (or a Common It was not submitted to the people for ratification. It was drafted by John Jay. John Jay (December 12 1745 – May 17 1829 was an American Politician, Statesman, revolutionary, Diplomat, a Supreme Court [2]

This constitution was a combination document, containing its Declaration of Independence from Great Britain, and its Constitutional Law. See also Kingdom of Great Britain Great Britain (Breatainn Mhòr Prydain Fawr Breten Veur Graet Breetain is the larger of the two main islands Constitutional law is the study of foundational or basic Laws of nation states and other political organizations It called for a weak bicameral legislature and a strong executive branch. In Government, bicameralism (bi + Latin la ''camera'' chamber is the practice of having two legislative or Parliamentary chambers Thus a bicameral 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 most New Yorkers who were fighting the Revolutionary War. Disenfranchisement or disfranchisement is the revocation of the right of Suffrage (the right to vote to a person or group of people or rendering a person's vote In this article the inhabitants of the thirteen colonies that supported the American Revolution are primarily referred to as "Americans" with occasional references to "Patriots" Slavery was legal in New York until 1827.

Under this constitution, the Assembly had a provision for a maximum of 70 Members, with the following apportionment:

  1. For the city and county of New York (at that time comprising only what is today Manhattan), nine.
  2. The city and county of Albany, ten
  3. Dutchess County, seven. Albany County is a County located in the US state of New York, generally located in the vicinity of Albany New York, the Capital Dutchess County is a County located in the US state of New York, in the state's Mid-Hudson Region of the Hudson Valley.
  4. Westchester County, six. Westchester County is a primarily Suburban county located in the U
  5. Ulster County, six. Ulster County is a County located in the state of New York, USA.
  6. Suffolk County (eastern Long Island), five. Suffolk County is a county located in the US state of New York.
  7. Queens County (now Queens and Nassau Counties), four.
  8. Orange County (now Orange and Rockland Counties), four. Orange County is a County located in the US state of New York.
  9. Kings County (Brooklyn), two. Brooklyn (named after the Dutch town Breukelen) is one of the five boroughs of New York City.
  10. Richmond County (Staten Island), two. Staten Island (ˌstætənˈaɪlənd is a borough of New York City situated primarily on the island of the same name
  11. Tryon County (now Montgomery County), six. Tryon County New York was a county in New York from 1772 to 1784 part of the Province of New York, named after Governor William Tryon. Montgomery County is a County located in the US state of New York.
  12. Charlotte County (now Washington County), four. Charlotte County in the colonial Province of New York was created in 1772 from Albany County. Washington County is a County located in the US state of New York.
  13. Cumberland County (partitioned January 15, 1777 for the creation of the State of Vermont), three. Cumberland County New York was a former county in the Province of New York that became part of the state of Vermont. Events 588 BC - Nebuchadrezzar II of Babylon lays siege to Jerusalem under Zedekiah 's reign Year 1777 ( MDCCLXXVII) was a Common year starting on Wednesday (link will display the full calendar of the Gregorian calendar (or a Common
  14. Gloucester County (partitioned January 15, 1777 for the creation of the State of Vermont), two. Events 588 BC - Nebuchadrezzar II of Babylon lays siege to Jerusalem under Zedekiah 's reign Year 1777 ( MDCCLXXVII) was a Common year starting on Wednesday (link will display the full calendar of the Gregorian calendar (or a Common

This apportionment stood unchanged until seven years after the end of the Revolution, when a census was held to correct the apportionment.

On the subject of enfranchisement, Article VII of the new constitution had the following to say:

VII. Suffrage (from the Latin suffragium, meaning "voting tablet" and figuratively "right to vote" probably from suffrago "hough" and originally That every male inhabitant of full age, who shall have personally resided within one of the counties of this State for six months immediately preceding the day of election, shall, at such election, be entitled to vote for representatives of the said county in assembly; if, during the time aforesaid, he shall have been a freeholder, possessing a freehold of the value of twenty pounds, within the said county, or have rented a tenement therein of the yearly value of forty shillings, and been rated and actually paid taxes to this State: Provided always, That every person who now is a freeman of the city of Albany, or who was made a freeman of the city of New York on or before the fourteenth day of October, in the year of our Lord one thousand seven hundred and seventy-five, and shall be actually and usually resident in the said cities, respectively, shall be entitled to vote for representatives in assembly within his said place of residence. Freedom of the City is an honour bestowed by some municipalities in Australia, Canada, Ireland, France, Italy, New Zealand

Sources

Constitutional Convention 1801

History

The Constitutional Convention of 1801 had its origin in differences of opinion concerning the proper interpretation of §23 of the Constitution, which provided for a Council of Appointment. From 1777 to 1822 there existed in the state of New York a Council of Appointment. Governor Jay sent a special message to the New York State Assembly on February 26, 1801, and the same message to the New York State Senate on the following day, in relation to the Council of Appointment, reciting the differences which had existed between council and governor, not only during his own term, but during the term of his predecessor, Governor Clinton. John Jay (December 12 1745 – May 17 1829 was an American Politician, Statesman, revolutionary, Diplomat, a Supreme Court The New York State Assembly is the Lower house of the New York Legislature, the state legislature of the U The New York State Senate is one of two houses in the New York State Legislature and has members each elected to two-year terms This page is for the US Vice President For others of that name see George Clinton. Governor Jay claimed that under the Constitution the governor had the exclusive right of nomination. Some members of the Council of Appointment claimed a concurrent right of nomination. This the Governor denied, and in this message he recommends that it be settled in some way.

Since the original Constitution had no provisions as to how to amend it, on April 6, the legislature passed a law with the title An Act Recommending a Convention for the purpose of considering the question of the interpretation of §23 of the Constitution, and also that part of the Constitution relating to the number of members of both Senate and Assembly. The Senate was originally composed of twenty-four members, and the Assembly of seventy members, and provision was made for an increase in each branch at stated periods, until the maximum should be reached, which was fixed at one hundred senators and three hundred members of assembly. The increase in membership had apparently been more rapid than was at first anticipated. At that time the Senate had increased to forty-three members, and the Assembly to one hundred and twenty-six members.

The election of the delegates took place in August, and the Convention met on the second Tuesday in October at Albany. It ended on October 27, 1801.

Delegates

Among the delegates were DeWitt Clinton, James Clinton, William Floyd, Ezra L'Hommedieu, Smith Thompson, Daniel D. Tompkins, John Vernon Henry, William P. DeWitt Clinton ( March 2, 1769 Little Britain New York February 11, 1828 Albany New York) was an early American politician James Clinton ( August 9, 1733 &ndash September 22 1812) was an American Revolutionary War soldier who obtained the rank of William Floyd (December 17 1734 August 4 1821 was a signer of the United States Declaration of Independence as a representative of New York. Ezra L'Hommedieu ( August 30, 1734 &ndash September 27, 1811) was an American lawyer and statesman from Southold New York Smith Thompson ( January 17, 1768 New York City - December 18, 1843) was a United States Secretary of the Navy and Daniel D Tompkins (June 21 1774 June 11 1825 was an entrepreneur jurist Congressman, Governor of New York, and the sixth Vice President of the United John Vernon Henry ( 1767 - October 22, 1829) was an American lawyer and politician Van Ness, and U.S. Vice President Aaron Burr who presided. The Vice President of the United States is the first person in the presidential line of succession, becoming the new President of the United States upon the death This article discusses Aaron Burr (1756-1836 the US politician Tompkins was one of the 14 who voted against the right of nomination being given to the members of the Council of Appointments and the Governor concurrently, a minority which was defeated by 86 votes for this compromise. Previously, both motions, to vest the right of nomination either exclusively in the gorvernor or exclusively in the council members, were defeated.

Changes

[3], [4]

Constitutional Convention 1821

History

In 1821, the power struggle between Governor DeWitt Clinton and the Bucktails faction of the Democratic-Republican Party led to the call for a constitutional convention by the Bucktail members of the legislature, against Clinton's fierce opposition, with the intention to transfer powers from the executive to the legislative branch of the government. DeWitt Clinton ( March 2, 1769 Little Britain New York February 11, 1828 Albany New York) was an early American politician The Bucktails may refer to one of two organizations that were particularly characterized and identified by the wearing of a Bucktail in their headgear In November 1820, the legislature passed a bill which authorized the holding of a convention with unlimited powers. Governor Clinton cast the deciding vote in the Council of Revision to veto the bill. The Council of Revision was under the provisions of the Constitution of the State of New York of 1777 the legal body that revised all new legislation made by the The Bucktails had not a majority of two thirds in the legislature to override the veto. During the regular session of the legislature which began in January 1821, a new bill was passed that put the question to the people. At the state election in April the people voted in favor of the convention, which convened between August and November at Albany. U.S. Vice President Daniel D. Tompkins presided. The Vice President of the United States is the first person in the presidential line of succession, becoming the new President of the United States upon the death Daniel D Tompkins (June 21 1774 June 11 1825 was an entrepreneur jurist Congressman, Governor of New York, and the sixth Vice President of the United Between January 15 and 17, 1822, the new Constitution, as amended by the Convention, was put before the voters for ratification as a whole, and was accepted: for 74,732; against 41,402. [5]

Delegates

Chancellor James Kent, Chief Justice Ambrose Spencer, U. The Court of Chancery was the court with jurisdiction on cases of equity in the state of New York between 1777 and 1847 James Kent ( July 31, 1763 Fredericksburg, then Dutchess, now Putnam County New York – December 12, 1847 New York Ambrose Spencer ( December 13, 1765 Salisbury, Litchfield County Connecticut - March 13, 1848 Lyons, Wayne S. Vice President Daniel D. Tompkins, Justice William W. Daniel D Tompkins (June 21 1774 June 11 1825 was an entrepreneur jurist Congressman, Governor of New York, and the sixth Vice President of the United Van Ness, Jacob R. Van Rensselaer, Stephen Van Rensselaer, James Tallmadge, Jr., Jonas Platt, and Peter A. Jacob Rutsen Van Rensselaer ( September 27, 1767 Claverack, Columbia County New York - September 22, 1835 New York Stephen Van Rensselaer III ( November 1 1764 &ndash January 26 1839) was Lieutenant Governor of New York as well James Tallmadge Jr ( January 28, 1778 Stanfordville, Dutchess County New York - September 29, 1853 New York City Jonas Platt ( June 30, 1769 Poughkeepsie New York, Dutchess County New York - February 22, 1834 Peru, Jay disapproved of the amendments, and did not sign the new Constitution.

Martin Van Buren, Erastus Root, Samuel Nelson, Nathan Sanford, Samuel Young and Ogden Edwards approved and signed. Martin Van Buren (December 5 1782 July 24 1862 was the eighth President of the United States from 1837 to 1841 Erastus Root ( March 16, 1773 Hebron, then Windham County, now Tolland County Connecticut - December 24, 1846 Samuel Nelson ( November 10, 1792 &ndash December 13, 1873) was an American Attorney and an Justice of the Nathan Sanford ( November 5, 1777 Bridgehampton, Suffolk County New York - October 17, 1838 Flushing, Queens Samuel Young (1779 Lenox, Berkshire County Massachusetts - November 3, 1850 Ballston, Saratoga County New York) was an

Peter R. Livingston, Alexander Sheldon, Jacob Radcliff, Peter Sharpe, Rufus King, and Nathaniel Pitcher were also among the delegates. Peter Robert Livingston ( October 3, 1766 - January 19, 1847 Rhinebeck New York) was an American Politician Alexander Sheldon ( October 23, 1766 Suffield, Hartford County Connecticut - September 10, 1836 Montgomery County Jacob Radcliff was Mayor of New York from 1810 - 1811 and 1815 - 1818. Peter Sharpe ( December 10, 1777 New York City - August 3, 1842 Brooklyn New York) was an American politician who served Rufus King ( March 24[[ 755]] - April 29[[ 827]] was an American lawyer politician and diplomat Nathaniel Pitcher ( November 30, 1777 Litchfield Connecticut - May 25, 1836 Sandy Hill New York, now Hudson Falls

Changes

[6]

Constitutional Convention 1846

History

The delegates convened at Albany on June 1, 1846, and adjourned on October 9. Albany is the Capital of the State of New York and the County seat of Albany County. The new Constitution was put before the voters at the next state election in November and was adopted. Yes: 221,528 votes, No: 92,436 votes.

Delegates

John Tracy presided. John Tracy ( October 26, 1783 Norwich, New London County Connecticut - June 18, 1864 Oxford, Chenango County George W. Patterson, Ambrose L. Jordan, Charles H. Ruggles, David R. Floyd-Jones, Charles O'Conor, Samuel J. Tilden, Levi S. Chatfield and William C. Bouck were among the delegates. George Washington Patterson ( November 11, 1799 Londonderry, Rockingham County New Hampshire - October 15, 1879 Westfield Ambrose Latting Jordan ( May 5, 1789 Hillsdale, Columbia County New York - July 16, 1865 New York City) was Charles Herman Ruggles ( February 10, 1789 &ndash June 16, 1865) was a U David Richard Floyd-Jones ( April 6, 1813 - January 8, 1871) was an American lawyer and Politician. Charles O'Conor ( January 22, 1804 &ndash May 12, 1884) was an American Lawyer who ran in the U Samuel Jones Tilden ( February 9, 1814 August 4, 1886) was the Democratic candidate for the U Levi Starr Chatfield ( March 7, 1808 Morris, Otsego County New York - 1884 was an American lawyer and politician William C Bouck ( January 7, 1786 - April 19, 1859) was governor of the U [7]

Changes

External links

Notes

  1. ^ http://www.albanylaw.edu/media/user/librarypdfs/guides/consti.pdf
  2. ^ "" (1842). Journals of the Provincial Congress, Provincial Convention Committee of Safety and Council of Safety of the State of New York, 1775, 1776 1777 Vol. I. Albany: 892–898. Printed by Thurlow Weed, printer to the State.  
  3. ^ [1] New York court history
  4. ^ John Stilwell Jenkins: History of Political Parties in the State of New-York (Alden & Markham, Auburn NY, 1846)
  5. ^ John Stilwell Jenkins: History of Political Parties in the State of New-York (Alden & Markham, Auburn NY, 1846)
  6. ^ [2] New York History
  7. ^ Google Book The New York Civil List compiled by Franklin Benjamin Hough (Weed, Parsons and Co. , 1858)
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