New York Constitution

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The New York State Constitution establishes the government structure of the State of New York, and cites the fundamental rights of New Yorkers. Like most state constitutions in the United States, the provisions of the New York constitution tend to be more detailed, and more often than the federal counterparts. Because the history of the state constitution differs from the federal constitution, the New York Court of Appeals has seen fit to interpret the analogous provisions differently from the US federal interpretation by the Supreme Court.

The State of New York has organized nine Constitutional Conventions: in 1776-1777, 1801, 1821, 1846, 1867-1868, 1894, 1915, 1938, and 1967; Constitutional Commission on 1872-1873; and the Judicial Convention in 1921. Nevertheless, the state has only four constitutions essentially in its historical constitution, namely 1777 (replacing the previous colonial charter), 1821, 1846, and 1894.

During the twentieth century, the State entered into three constitutional conventions, two attempts rejected by New York State voters. However, part of the proposal of the seventh Convention of 1915 was adopted separately later in 1925 and 1927. The 1938 Constitution Convention of 1938, unlike all other constitutional conventions of the state since 1801, does not really propose a completely new Constitution, but only substantially modify the year 1894. The Constitution, of the sixth Convention, still (and still is) in effect.

Video New York Constitution

Konstitusi New York, 1777

The Fourth New York Provincial Congress, which completed itself as the New York State Representative Convention , adopted the first constitution of New York state on April 20, 1777.

The province of New York was established after the naval invasion and the uptake of Dutch Colonies of New Netherlands before. The original owner is Duke of York, the future of James II of England and James VII of Scotland and the younger brother of King of England Charles I. His Colonial Charter was under the authority of Monarch, (King or Queen of Great Britain of the United Kingdom and later United Kingdom, following the Act of Union of 1707 which unites England and Wales and the formerly independent Scottish empire

The First Constitution of 1777, which replaced the Colonial Charter with its royal authority, for the newly independent New York State was framed by the Convention assembled at White Plains, New York, just north of New York City on Sunday. night, July 10, 1776. The city was later threatened with the British occupation by an invading British Army landing at Staten Island. There were repeated delays and location changes, caused by an increasingly desperate war situation, with the ragged George Washington Continental Army being forced out of New York City by destroying defeats in New York and New Jersey campaigns.

The work of creating a free, democratic, free state was sustained by the Convention through bitter winter with New York-based New York City and several thousand Washington troops camped in winter to southwest in Morristown, New Jersey. The first Constitutional Convention in New York history ceased its work in Kingston, New York, on Sunday night, April 20, 1777, when the new Constitution was adopted but with one distinct vote, and then postponed. It is not left to the people for ratification, but because of the war situation. It was composed by John Jay, Robert R. Livingston, (New Chancellor of the State of New York), and Gouverneur Morris, noted the financiers for the Revolutionary Colonial war effort.

This constitution is a composite document, containing its own "Declaration of Independence" of Great Britain, and its Constitutional Law. It calls for a weak bicameral legislature (Assembly and State Senate) and a strong executive branch with a Governor. It maintains the provisions of the Colonial Charter such as substantial property qualification for voting and the Governor's ability to prorog (dismiss) the Legislature. The imbalance of power between the branches of government of this country keeps the elite in control, and deprives the majority of New York male population. Slavery was legal in New York until 1827.

Under this Constitution, the lower house Assembly has a provision for a maximum of 70 Members, with the following divisions:

This division did not change until seven years after the end of the Revolutionary War, in 1790, when the First US Census was held to correct the division.

Regarding the issue of granting rights, Article VII of the new constitution says:

VII. That any male resident of full age, who will personally reside in one of the territories of this State for six months immediately before the election day, shall, in the election, have the right to elect a representative of that area in the assembly; if, during the above time, he will become a rights holder, owns a twenty-pound property rights in that area, or has rented a tenement house in it an annual value of forty shillings, and has been given a value and actually paid the tax To this State: Provided always, That everyone who is now a free man from the city of Albany, or who was made free in New York City on or before the fourteenth of October, in the year of our Lord one thousand seven hundred seventy-five, and will be true and usually residents in those cities, respectively, have the right to elect representatives in the assembly within their residence.

Maps New York Constitution

1801 Constitution Convention

The Constitutional Convention 1801 did not convene to propose a new Constitution. Instead, he formed purely to settle the differences of interpretation §23 of the 1777 Constitution, which was reserved for the Council of Appointment. Governor John Jay sent a special message to the New York State Assembly on February 26, 1801, and the same message to the upper house (New York State Senate) the next day, in conjunction with the Appointment Board, recited the differences between the Council and the Governor, not only during his term, but during his predecessor, Governor George Clinton. Governor Jay claims that under the Constitution, the Governor has exclusive rights to nominations, but some members of the Council of Appointment claim nominations of rights simultaneously. This, the Governor denied, and in this message he recommended that it be resolved in several ways.

Since the original Constitution has no provision on how to amend it, on April 6, 1801, the legislature passed a law under the title "The Convention Recommends Convention" for the purpose of considering the question of interpretation §23 of the Constitution, part of the Constitution relating to the number of members of the Senate and the Assembly. The Senate was originally composed of twenty-four members, and the Assembly of seventy members, and the provision made for an increase in every space of the period mentioned, to the maximum to be attained, which is fixed on a hundred senators and three hundred members. assembly. Increased membership seems to be faster than originally anticipated. By that time, the Senate had risen to forty-three members, and the Assembly became one hundred and twenty-six members.

The election of delegates took place in August; The convention meets on the second Tuesday in October in Albany. It ended two weeks later on October 27, 1801.

Among the delegates are DeWitt Clinton (candidate governor), James Clinton, William Floyd, Ezra L'Hommedieu, Smith Thompson, Daniel D. Tompkins, John Vernon Henry, William P. Van Ness, and United States Vice President Aaron Burr, who lead. Tompkins is one of 14 people opposed to the nomination rights granted to members of the Council of Rapture and the Governor simultaneously, a minority defeated by 86 votes for this compromise. Previously, both movements, to retain nominations either exclusively in the governor or exclusively in Council members, were defeated.

Changes in this version of the Constitution are:

• The number of senators is permanently set at 32.
• The assembly is given 100 members, and provisions are made for possible increases of up to 150, in addition to being made after each census.
• The nomination right, previously granted only to the governor (such as John Jay, original author/contributor of the 1777 Constitution, means that), is granted now to every member of the Board of Appointments and the Governor simultaneously./li>

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Constitution Convention of 1821

In 1821, a power struggle between Governor DeWitt Clinton and the Democrat Party's Bucktails faction led to calls for the Constitutional Convention by members of the Bucktail legislature, against the violent opposition of Clinton. Their goal is to transfer power from the executive to the legislative branch of government. In November 1820, the legislature passed a bill authorizing the convention with unlimited power. Governor Clinton cast a decisive vote in the Revision Council to veto the bill. The Bucktails do not have a two-thirds majority in the legislature to rule out the veto. During regular sessions (starting in January 1821), the Legislature passed a new bill asking people. At the state election in April 1821, the people voted in favor of the convention.

The meetings meet from August to November in Albany. US Vice President Daniel D. Tompkins leads. Between 15 and 17 January 1822, the new constitution, as amended by convention, was placed before the electorate for the full ratification, and accepted: for 74.732; against 41402.

There is a deep division among New Yorkers on the grounds of the amended constitution. Those opposed include:

These people do not sign a new constitution. Supporters (who do sign) include:

• Martin Van Buren, Vice President and President of the future
• Erastus Root
• Samuel Nelson
• Nathan Sanford
• Samuel Young
• Ogden Edwards

Peter R. Livingston, Alexander Sheldon, Jacob Radcliff, Peter Sharpe, Rufus King, and Nathaniel Pitcher were also among the delegates.

Changes in this version of the Constitution are:

• Country elections moved from last week in April to first week in November. Beginning in 1823, the provisions of the governor (two-year term), lieutenant governor (two-year term), state senator (four-year term) and member of the assembly (one year) coincide with the calendar year.
• The lieutenant's governor will succeed to the governor's office "for the rest of the term" whenever a vacuum occurs, unlike John Tayler, who in 1817 became "Governor's Officer" only until the substitute election.
• The Appointment Board was removed and most of the previously designated offices were elected. State officials are elected by joint vote of the Assembly and the State Senate; others by popular local or legislative elections.
• Revision Board removed. His power to veto a new law was transferred to the governor, whose veto-rights could be overcome by two-thirds of the legislative vote.
• The governor's right to prorog (dismiss) the legislature will be abolished.
• The property qualification for white men to choose has been removed.
• Blacks are given votes, but with property qualifiers that effectively deprive almost everyone of their rights. It was at this point that Peter Augustus Jay, one of the delegates and also the son of John Jay gave an ardent speech at the Convention on the ground that the right to vote should be extended to liberate African Americans. "Peter Augustus Jay, one of the minority advocates of universal adult suffrage, insists that the notion that blacks are naturally inferior has long been 'totally disproved and universally explosive.'"
• The Canal Council was established by the Commissioner of the Channel Fund (State Cabinet official) and Channel Commissioner
• Eight Court Courts are created, one in each senatorial district. Until then, judges in the Supreme Court of New York had held a circuit court.

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William A. Wheeler memimpin. Waldo Hutchins, George Opdyke, George William Curtis, Horace Greeley, Ira Harris, Martin I. Townsend, Charles Andrews, Charles J. Folger, Augustus Frank, Augustus Schell, Henry C. Murphy, Homer A. Nelson, George F. Comstock, Sanford E. Church, Marshall B. Champlain, Elbridge T. Gerry, Gideon J. Tucker, Samuel J. Tilden, James Brooks, William Hitchman, Abraham B. Tappen, Erastus Corning, Amasa J. Parker, Edwin A. Merritt, Leslie W. Russell, Thomas G. Alvord, Horatio Ballard, Krum Hobart, Makam Ezra, Elbridge G. Lapham, Frank Hiscock, dan Israel T. Hatch termasuk di antara para delegasi.

Changes in this version of the Constitution are:

• The New York Complaints Court is completely rearranged. Instead of eight Judges, four elected states and four elected from the Supreme Court of New York, there is now a New York Appeals Court Judge and six Associate Judges, all elected throughout the state.
• The New York Court of Appeals Court is no longer elected in the state.
• The term of appellate Court Judges and Judge of the Supreme Court of New York is extended from 8 to 14 years, and rotational renewal (every two years one Judge or Judge has been elected to eight persons - for one year, in the case of vacancies, elections specifically held to fill in the remainder of the term only) is abolished. Conversely, the vacancy is filled when it occurs (with death, resignation, or expiration), always up to a full 14 years.

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Constitutional Commission 1872-1873

After the rejection of all amendments proposed by Convention 1867-68, except for the judicial article, Governor John T. Hoffman suggested to the Legislature that a non-partisan Constitutional Commission of 32 members should be established. The Commission has four members from each senatorial district, appointed by the Governor, and confirmed by the State Senate, also divided between two major political parties. The Commission met from December 4, 1872, until March 15, 1873. They proposed amendments to the 1846 Constitution, which remained in effect with amendments which were then approved or rejected by the Legislature, and which were approved later submitted to the electorate. for ratification.

Di antara anggota adalah: Robert H. Pruyn yang memimpin; George Opdyke, Augustus Schell, John D. Van Buren, Erastus Brooks, Benjamin D. Silliman, George C. Burdett, Francis Kernan, Elias W. Leavenworth, Daniel Pratt, John F. Hubbard Jr., Barna R. Johnson, Lucius Robinson , George B. Bradley, Van Rensselaer Richmond, Lysander Farrar, Lorenzo Morris dan Sherman S. Rogers.

Major changes:

• Provisions of the Governor and Lieutenant Governor were increased from two to three years.
• The statewide elective office of three State Prison Inspectors and three Channel Commissioners was abolished, and replaced by the State Prison Inspector and the Inspector General of Public Works, appointed by the governor, and confirmed by the State Senate.

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Constitution Convention of 1894

On 27 January 1893, the Legislature ratified "An Act to amend article 398, of the 1892 Act, entitled 'A law to provide a convention to revise and amend the Constitution'", which calls for the Constitutional Convention to meet at in 1894. 175 delegates were elected in New York state elections, 1893, five in each senator district, and 15 in general. The Convention met on May 8, 1894, at the New York State Capitol in Albany; and postponed on 29 September. The revised Constitution was submitted for ratification in New York state elections, 1894, in three parts: a new legislative division; improvement of the proposed channel; and 31 other amendments to the Constitution; all of which were adopted by voters.

Di antara para delegasi adalah: Joseph H. Choate, Presiden; Thomas G. Alvord, Wakil Presiden Pertama; Elihu Root; John T. McDonough; Commodore P. Vedder; John I. Gilbert; Augustus Frank; Daniel H. McMillan; Frederic Storm; Almet F. Jenks; John Cooney; Wright Holcomb, De Lancey Nicoll; Leonard A. Giegerich; Gideon J. Tucker; Andrew H. Green; Stephen S. Blake; William Church Osborn; Willard H. Mase; Roswell A. Parmenter; A. Bleecker Banks; Chester B. McLaughlin; Elon R. Brown; Henry J. Cookinham; John C. Davies; Milo M. Acker; Merton E. Lewis, I. Sam Johnson, Henry W. Hill, dan George Allen Davis.

Major changes:

• The term governor and lieutenant governor is shortened from three to two years.
• The election of state officials (Secretary of State, Superintendent of Finance, Attorney General, Treasurer, State Engineer) and state senator were transferred from odd years to even-numbered years, which subsequently coincided with the election of the governor.
• The number of state senators increased from 32 to 50; and the number of board members from 128 to 150.
• The State Forest Preserve is given lasting protection as wild land.
• The Onondaga Salt Water Place of the State is permitted for sale.
• Forced labor in prisons is abolished.
• Use of the voting machine is allowed.
• The first meeting of the annual legislative sessions was moved from the first Tuesday to the first Wednesday in January.

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1915 Convention

Under the Constitution of 1894, the people had to vote on the implementation of the seventh Constitutional Convention in 1916. However, the Governor proposed that the Convention be moved to 1915 so that it would not be overshadowed by other issues. Thus, in April 1914, the referendum approved the Constitution Convention to be held in 1915. There were 168 delegates to the 1915 Convention. Members include Elihu Root (future President Cabinet members and advisors), (President of the Convention), Seth Low, Henry L. Stimson (past and upcoming President Cabinet members), Alfred E. Smith, and Robert F. Wagner.

Proposed changes include:

All proposals of the seventh Constitutional Convention of 1915 are grouped into five questions, all rejected by the people. However, all that is not lost. In 1925, revision of Article 5, contains many proposals from the Fifth Convention of 1915, submitted to the people/voters and received in a referendum/election. In 1927, the budget proposal of the Fifth Convention was also accepted.

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1921 Judiciary Convention

Initially, the 1915 Convention proposed numerous checks on the judicial system. The legislature rejects this article and is not sent to voters. However, in 1921, the Legislature authorized a group of thirty people to revise the Constitutional court article of 1894. However, the proposed article included many proposals of the 1915 Convention, and again rejected by the Legislature.

1938 Constitution Convention

The Constitution, established in 1894, requires voters to vote on the necessity of subsequent constitutional conventions in 1936. On 3 November 1936, voters approved the adoption of a Convention held two years later in 1938.

There were 168 delegates to the Eighth Constitutional Convention of 1938. These included Alfred E. Smith (former Governor and presidential candidate), Hamilton Fish III (USRepresentative), Robert F. Wagner, New York Mayor in the future), and Robert Moses (main builder as head of New York and New Jersey Port Authority). The Convention is chaired by Frederick E. Crane, Chief Justice of the State Court of Appeals. Governor Herbert Lehman appointed Charles Poletti to lead the committee to gather information for the use of the convention. The twelve volume report they produce is called "Poletti Report".

The 1938 Convention did not actually adopt a new Constitution, but it proposed a change (57 amendments in all) to the sustainable Constitution of 1894, bundled into nine questions for voters; only six questions from approved amendments. Approved changes are:

• The State legislature is now permitted to enforce the Social Security program
• The State Legislature can provide funding to remove railway crossings
• New York City is expelled from the debt limit to finance the fast public transport system
• An amendment governing the rights of public works project workers
• A number of unsroversial amendments
• Permission for the State Legislature to fund transportation to the parish school

1967 1967 Convention

In the 1960s, with increasing changes and expansion of population with a changing society, growing demand for the new Constitution. Thus, in 1965, the State Legislature asked the voters about the implementation of the constitutional convention in 1967. The voters agreed. A committee was formed to gather information for the Convention. In 1966, 186 people were elected to become members of the 9th Constitutional Convention. Unlike all other Conventions, candidates for membership ran in partisan elections, in which Democrats won the majority. The convention is headed by Anthony Travia, Chairman of the State Assembly.

Proposed changes include:

• Extension of individual citizenship rights
• Revocation of the 19th Century James G. Blaine Amendment, which prohibits States from funding parochial schools
• The state takes over the costs of the court system, and the administration of the welfare program
• Allowing legislative to issue debt without referendum
• Addition of "restrictive legislation", or "two-part constitution", in which a brief Constitution will be enforced, and other provisions will be placed in separate documents that are different from ordinary laws because it takes two years to change.

The proposed changes bundled into one document, and met with rigid opposition. Thus, in November 1967, voters rejected the new Constitution, with no supportive county voting.

Changing Constitution

The New York State Constitution of 1894/1938 can be changed in two main ways:

• With an amendment proposal in the Legislature, subject to voter approval, or
• Through the Convention, it is also subject to voter consent, which can be called in one of two ways:

• With a proposal from the Legislature, subject to voter approval
• Through an automatic referendum every twenty years

Each legislative proposal must be approved by two successive Legislatives before being submitted for voter approval. If a convention is called, fifteen major members and three members per Senate district will be elected. These members shall be compensated at the level of the members of the Assembly. The convention will meet continuously on the Capitol until they conclude their work from the first Tuesday of April after their election.

Whether the limited conventions that deal with specific issues are constitutional or non-permanent is unclear. Proponents argue that because the Constitution is a limitation, and not a gift, a document, then it is. They point to the fact that the 1801 Convention is a limited calling. Opponents argue that since the Constitution does not expressly enforce such a Convention, such a convention would become unconstitutional.

See also

• New York Law

References

• Nunez, Richard I. (1968). "New York State Constitution Reform - Past Political Battle in the Constitution Language" (PDF) . William & amp; Mary Law Review . 2. 10 :. 366-377

External links

• Current Constitution (PDF)
• Event Report and Debate Convention 1821
• Constitution 1777

Source of the article : Wikipedia