New York State Constitutions

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New York Constitution

The New York State constitution establishes the structure of the government of New York State, 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.

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

New York State has had a few constitutions since it gained independence with the other thirteen colonies in the American Revolutionary War:

Constitution of New York, 1777

New York was established by its colonial charter. This constitution 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. It was not submitted to the people for ratification. It was drafted by John Jay. ^[1]

This constitution was a combination document, containing its Declaration of Independence from Great Britain, and its Constitutional Law. It called for a weak bicameral legislature and a strong executive branch. It retained provisions from the colonial charter such as the substantial property qualification for voting and the ability of the governor to disband the elected legislature. This imbalance of power between the branches of state government kept the elite firmly in control, and disenfranchised most New Yorkers who would fight the Revolutionary War. 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:

For the city (at the time, New York City included only what is today Manhattan) and county of New York, nine.
The city and county of Albany, ten
The county of Dutchess, seven.
The county of Westchester, six.
The county of Ulster, six.
The county of Suffolk (eastern Long Island), five.
The county of Queens (now Queens and Nassau Counties), four.
The county of Orange (now Orange and Rockland Counties), four.
The county of Kings (Brooklyn), two.
The county of Richmond (Staten Island), two.
Tryon County (now Montgomery County), six.
Charlotte County (now Washington County), four.
Cumberland County (partitioned January 15, 1777 for the creation of the State of Vermont), three.
Gloucester County (partitioned January 15, 1777 for the creation of the State of Vermont), two.

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

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

VII. 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.