This essay is part of 50 states series Regarding the national constitution. We asked state experts to jump into the constitution, tell them their history, identify their habits, and summarise the most important elements for our readers.
New York’s first constitution was written in the early stages of the Revolutionary War in early 1777 – “one state constitution that Madison had almost completely upheld.”
This is not surprising given that 33-year-old John Jay was the leading author of the New York document. He and James Madison, together with Alexander Hamilton, joined in writing a federalist treatise under a single pseudonym to promote ratification of the federal constitution. Other authors of the New York document included Gouverneur Morris, 25, and Robert R. Livingston, 31, (later the first prime minister of the state).
The Continental Congress passed a resolution on May 10, 1776, calling for “each meeting and custom of the united colony,” forming a new government “which would be optimal for the happiness and safety of their members, especially in America in general.” The New York State Legislature responded to the call by appointing a committee to report on new forms of government plans.
However, the Battle of Long Island pushed the new government’s operations aside. Fought from August 27-29, 1776, it was the first major battle after the Americans declared independence and brought about British rule over Long Island and the great losses of the Americans.
The committee presented the draft constitution to the Congress the following March, and received final approval in Ulster County Court on April 20, 1777. The document was first published two days later on the court frontline. After adoption, copies have been printed for public dissemination, and one of the few remaining from the original printing is on display at Ulster County Courthouse.
Rooted in rebellion
In the midst of a rebellion against the British Crown, the drafters created a point describing the general situation, including readings of abuse by the king and parliament.
“Many tyrannical and repressive seizing of the British kings and parliaments regarding the rights and freedoms of the American colonies reduced them to the need for them to introduce the government by Congress and committees as a temporary measure.
They went on to explain that the colonial citizens were “excluded from the protection of his crown.” The king had refused to deal with the colonial dissatisfaction, they said, and the settlers predicted that the “whole power” of the great Britain country would be used to destroy the colonial people.
The 1777 document in New York also cited Thomas Jefferson’s language in the Declaration of Independence on the Right, where people abolish or, in the case of the US, abolish abusive government.
Governance under the New York Constitution
Regarding autonomy, 18th-century constitutional writers in New York and elsewhere wrote in the clean slates, but over the centuries he drew numerous documents, political philosophies and cultural values.
Documents were established based on rules By peoplea concept at the heart of divorce from the British monarchy. Consider the language of the first article in New York’s 1777 constitution. “The authority shall not be exercised on the people or members of this state, however it may be derived from and not recognized.”
It sounds rational enough 230 years later, but when first written, they were revolutionary. The 1777 Constitution is the birthright of New Yorkers.
But even against the obvious anti-English background, the draft has moved the English legal system to a new state, a constitutional history written by Charles Zebina Lincoln. At the heart of the constitution’s governance provisions were ideas that were dismissed directly from the English model. For example, the concept of separation of legitimate procedures and principles of power was borrowed from the UK.
Regarding the role of executives, the New York constitution was like Goldilocks’ grain. It’s not cold enough to blame the role of the population, but not hot enough to exert all enforcement. It gave the governor’s power over the state’s military and, among other powers, received careful attention to the law being faithfully executed.
The New York constitution served as a model for provisions in the US Constitution related to enforcement. While American colonies met executive power in the form of kingship, Madison recognized that the constitution was too leaning in the opposite direction and incapacitated – was inefficient and dangerous. He deemed the New York Constitution to be just right for that time.
New York Bill of Rights
The assurance of articles after the original New York constitution is impressive. “A free movement and enjoyment of religious occupations and worship that do not discriminate or like, will now be permitted within this state for all humanity.”
However, the 1777 Constitution did not expand rights far beyond that provision, and it was not long before the population wanted written rights. In 1787, the New York Legislature adopted the “Law on the Rights and Citizens of this State,” the Legal Bill of Rights, the Ju trial, the right to petition, the protection of free speech, excessive bail and fines, cruel and extraordinary punishments, quarter punishment, and most notably the “legal process.”
By using these words in the Fifth Amendment to the US Constitution in 1791, Madison relied on New York’s statutory Bill of Rights of 1787 and the amendments proposed by the state of New York in the 1788 ratification treaty for the US Constitution.
“Body of a bill” – punishing someone without trial – was little known or used today, but in its heyday it was a powerful weapon. This practice dates back to the Lancastrians and Yochists of the 15th century. During the Wars of the Roses (1455–1487), those rival facts relied on acts of achievement to drive away those who were deemed dangerous to the ministers and states that the King no longer trusted. Evaluating the lessons of history, the drafters of the New York Constitution banned the bill for arrivals.
The Second Constitution of New York took place in 1821 and, like the statutory Bill of Rights of 1787, contained a completely corrupt Bill of Rights. The Bill of Rights was largely preserved in the current constitution of New York, adopted in 1894.
Judicial Interpretation of New Yorkers’ Rights
Although New York’s language is similar to the 1791 federal Bill of Rights, the New York High Court has interpreted it for decades as recognizing broader rights and freedoms than the federal interpretation of the US Constitution.
1986 Peoplev. PJ Videothe court found that articles in the New York Constitution impose stricter standards for issuing search warrants approving the seizure of obscene materials than the federal constitution. The examination criteria to be applied to protect the rights of New Yorkers impose a specific, religious burden on a magistrate on a court that requires him to determine the cause of the presumption, not the police, and requires his decision to be objectively verifiable.
Chapadeauv. Utica-Observer Dispatch In 1975, citizens complaining of honor and damage to speech related to issues of public interest must prove significant irresponsibility, as opposed to normal negligence – holds minimum standards under the U.S. Supreme Court. Bertzv. RobertWelch.
1968 Peoplev. Arthurthe court held that waiver of the rights of defense attorneys is valid under the federal constitutional law, but invalid under the New York constitution.
Unique regulations
In contrast to the US Constitution, the New York Constitution has conservatism concerns, care for the poor, and guarantees of public schools for sound basic education.
For example, Article XIV provides that “lands of the state currently owned or future acquired are constituted by law as currently fixed in the law and will be maintained forever as land of wild forests.” Thanks to this provision, New York is home to the 6 million acres of Adirondack Park, the largest publicly preserved wilderness in the United States.
Meanwhile, Article XVII assures that “assistance, care and support of the poor are public concerns and that Parliament can sometimes be decided by and in such a way.”
Article XI also provides that the state constitution “Congress shall provide the maintenance and support of the free general school system in which all children in this state may be educated.” This provision – Some versions of the constitution of all states are subject to multiple important cases, including appropriate funding, separation, and more.
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In all, New York adopted four constitutions (1777, 1821, 1846, and 1894) and held eight constitutional treaties (1801, 1821, 1846, 1867, 1894, 1915, 1938, and 1967). This rich constitutional history, which includes an early commitment to people’s rule and several unique provisions, should be a source of pride for New Yorkers across the state.
Albert M. Rosenblatt is a historian of New York’s unified court system and teaches at NYU Law School. He served as a judge in New York, including the Supreme Court of Appeals.
Suggested Quote: Albert M. Rosenblatt, New York’s first constitution was a response to British rule.sᴛᴛᴇcᴏᴜʀᴛrᴇᴘᴏʀᴛ (June 11, 2025), https://statecourtreport.org/our-work/analysis-opinion/new-yorks-first-was-rection-british-rule
