The State Constitution Chapter 4 Zimmerman

The First Constitution Meets as extra-legal [i.e. illegal] Fourth Provincial Congress. Without any prior authority from the electorate it declares itself the Convention of the Representatives of the State of New York. Passed April 20, 1877 Wrote a constitution which did not trust the executive, places most authority in the legislature – similar to federal Constitution.

Constitutional Provisions Assembly elected annually in apportioned districts. Senate elected every 4 years in “Great Districts.” Governor elected every 3 years. Executive powers vested in the Council of Appointment, the governor & 4 state senators. Veto powers belong to Council of Revision. Governor, Chancellor of the Court of Chancery and judges of the Supreme Court.

1801 Constitutional Convention Passes 5 amendments to existing constitution. No provision for electorate’s ratification. Assembly comprised of 100 apportioned seats. Assembly could be no larger than 150 seats. Senate would be comprised of 32 senators. The power of nomination was given to all members of the Council of Appointments. Governor Jay claimed only the governor had the right to nominate.

Constitution of 1821 Power struggle between the legislature and the government– legislature wants to limit governor. Abolishes Council of Appointment and Council of Revision. Gubernatorial appointments subject to Senate approval. Gubernatorial vetoes could be overridden. Governor’s term of office reduced to 2 years. Attorney General, Comptroller and Secretary of State were to be elected.

Provision for Constitutional Amendments Amendment could be proposed by a majority in one session of the legislature; it must pass by 2/3rds majority in the next session. Then it must be ratified by the electorate. Eight amendments were ratified by this protocol between 1825 and Property qualifications for holding office abolished. Male suffrage expanded when limits removed.

Constitution of 1846 Meets from June 1 through October 9, 1846 Judges to be elected. Popular election of: –Attorney General-- Comptroller –Canal Commissioners-- State Surveyor –Inspectors of Prisons-- State Engineer –Secretary of State Mandatory referendum on Constitutional Convention every 20 years. Legislators limited to $300 per session.

Constitutional Convention First called by voters via mandatory referendum. Voters ultimately reject constitution proposed by the convention. In 1872 the governor forms constitutional commission to propose amendments. Calls for constitutional reform. Proposes as if new many of the provisions of the rejected constitution. Eleven constitutional proposals are accepted.

1874 Amendments Governor granted line item veto. Legislature prohibited from passing private or local legislation on 13 topics. Forcing the legislature to deal with state as a whole. Some of the amendments dealt with bribery. Four year terms for Senators. No bills included in legislation by name only, the exact wording must be repeated. No act allowed to increase compensation.

1894 Constitution Population growth results in mandatory reapportionment every 10 years. Established boundaries for the State Senate. Specifies the number of Assembly members from each county. Establishes a state Bill of Rights. The New York must provide for the education of all the children of the state. The Adirondack Park is established as part of the new constitution. Establishes Civil Service system.

Today’s New York Constitution The nucleus is the 1894 Constitution. 217 Amendments added since Proposed constitutions defeated by electorate in –1915 –1937 –1967 Many provisions of rejected constitutions become approved amendments