New York’s Constitution

This table summarizes the major changes to New York State’s Constitution

YearOutcomeParty with the Majority of Delegates
1777 Constitutional Convention – New York replaces the colonial charter with its first constitution while under British occupation.  On balance, established a strong executive, but institutionalized checks and balances.  Included individual rights.  Influenced the governmental framework for the US Constitution.
 
Main Drafter:  John Jay
Nonpartisan
1801Constitutional Convention – convened to amend amended the Constitution to resolve and clarify differing interpretations of the 1777 Constitution, especially with respect to the power of the governor to make appointments
Fixed number of senators and assembly, with provisions for increase in assembly members
Council of Appointments – appointment power shared with each Council member and the governor

President of the Convention:  Aaron Burr, U.S. Vice-President
n/a
1821Constitutional Convention- adopted new Constitution (15 pages long)

First submission of a new constitution for approval by voters.  
-Bill of Rights
-Removed property qualifications for white male voters
-Expanded property requirements for Black male voters
-State elections moved from April to November
Terms – governor (2 years), Lt. governor (2 years), senators (4 years), assemblymen (1 year)
-Placed veto with governor (abolished the Council of Revision) with override by two-thirds of the legislature
-Placed judicial appointments with governor (abolished the Council of Appointment)
-Vast majority of formerly appointive officers made elective by a joint ballot of the Assembly & Senate
-Eight Circuit Courts created, one in each senatorial district
-Formal mechanism for amending the Constitution 

Voters approved by a wide margin.

President of the Convention:  Daniel D. Tompkins (was U.S. vice-president)
Bucktail faction of the Democratic-Republicans won the majority of delegates.
1867-1868Constitutional Convention

Voters rejected all amendments to the new constitution except the judicial article, reorganizing the Court of Appeals.

President of the Convention:  William A. Wheeler
Republican
1894
Constitutional Convention
Adopted a new constitution, which is the basis of the current constitution. 
Innovations:
-Message of necessity instituted
-Reorganized the appellate court system
-Created the Appellate Division of the Supreme Court
-State forest preserve be kept “forever wild”
-Merit-based civil service system
-Measures to reduce electoral fraud
-Governor & Lt. Governor terms shortened from 3 to 2 years
-Increase in number of senators and assemblymen with voting districts based on citizen population (to exclude migrants).
-Rotten boroughs – allocation system for upstate areas to be granted more assembly and senate districts than their population would warrant
-Abolished convict labor
-Voting machines permitted for elections
-New York’s version of the Blaine Amendment2

Voters approved

President of the Convention:  Joseph H. Choate
Republican
1915Constitutional Convention called one year early by Governor Al Smith.  
-Reorganization of executive to 17 departments, reduced number of elected officials, appointment for others
-Removed power of legislature to review local matters and private claims
-Home rule for cities
-Legislature power, with voters’ consent, to alter county government
-State control over tax assessment
-Established Conservation Commission
-Workers’ rights
-Executive budget

Constitutional Convention’s amendments rejected by the voters, Many of the proposals accepted in 1925 referendum, including reorganization.  Executive budget approved in 1927 referendum.  

President of the Convention:  Elihu Root
Republican
1938Constitutional Convention
Amendments approved by the voters
-Article XVII (Social Welfare) 
-Article XVIII (Housing)
-Labor Rights
-Civil liberties
-Equal protection under the law regardless of race or religion 
-Funding to eliminate railroad crossings
-NYS excluded from debt limits to finance public rapid transportation
-Permission for legislature to fund transportation to public schools (Blaine Amendment)
-Public Authorities can only be established by a special act of the legislature

President of the Convention:  Frederick E. Crane
Republican
1957Voters reject seating a convention
1967Constitutional Convention

Voters approved after a call by the legislature

Proposed constitutional changes included civil rights, repeal of the Blaine Amendment, state takeover of court system costs, costs of administering welfare programs, allowing the Legislature to incur debt without referendum, legislative redistricting by an independent commission

Voters rejected all convention’s proposals by a 2 to 1 margin
1977
Voters reject seating a convention
1997Voters reject seating a convention
2017Voters reject seating a convention
1New York State’s Constitution requires the citizens to be asked every 20 years if they wish to convene a convention to revise and amend the constitution.  “Shall there be a convention to revise the constitution and amend the same?” If voters approve the convention, delegates are elected at the next general election.  The convention will be held the following year. Amendments proposed by the Convention will be presented to the voters for approval or rejection at the next general election (typically the same year as the Convention is seated). Voters can also approve a Convention at the call of the Legislature.
2 The Blaine Amendment was an attempt by Congress to pass a constitutional amendment prohibiting state funding for sectarian education. It failed to gain the two-thirds required majority in the US Senate.
3The 1894 Constitution was substantially revised and has been amended 200 times since the 1938 revisions.
 
Table Compiled by Laurie Buonanno (June 2024)

Table Sources:
Galie, P. J., & Bopst, C. (2017). New York State Constitutional Conventions: Back to the Future New York Archives Magazine, (1), 24-27. https://history.nycourts.gov/a-global-context-the-new-york-state-constitutional-convention-of-1938/#:~:text=The%20constitutional%20convention%20held%20in,revise%20and%20amend%20the%20constitution.

New York Civil Liberties Union. (2017). An Overview of the New York State Constitutional Convention Process.  https://www.nyclu.org/sites/default/files/wysiwyg/20170913_constitutionalconvention_overview.pdf

New York State Archives. (nd). Constitutions and Constitutional Conventions.  https://www.archives.nysed.gov/research/constitutions-and-constitional-conventions#:~:text=The%201894%20constitutional%20convention%20resulted,Division%20of%20the%20Supreme%20Court.