New York State Legislature

“ II. This convention doth further, in the name and by the authority of the good people of this State, ordain, determine, and declare that the supreme legislative power within this State shall be vested in two separate and distinct bodies of men; the one to be called the assembly of the State of New York, the other to be called the senate of the State of New York; who together shall form the legislature, and meet once at least in every year for the despatch of business. ”

“ The members of the assembly shall be chosen by single districts and shall be apportioned by the legislature at each regular session at which the senate districts are readjusted or altered, and by the same law, among the several counties of the state, as nearly as may be according to the number of their respective inhabitants, excluding aliens. Every county heretofore established and separately organized, except the county of Hamilton, shall always be entitled to one member of assembly, and no county shall hereafter be erected unless its population shall entitle it to a member. ”

“ The holding of party primaries in the cities is regulated by statute. The Legislature consists of a Senate of 50 members, chosen for two years, and an Assembly of 150 members, chosen annually. Of the latter, sixty are elected in New York City. The Assembly districts are single-member districts. Each county, except Fulton and Herkimer, has at least one representative. The more populous counties are formed into Assembly districts, but county lines are not crossed. The members of either House receive a salary of $1500 and mileage. The capital of the State is Albany. ”

“ No member of the legislature shall, during the time for which he or she was elected, receive any civil appointment from the governor, the governor and the senate, the legislature or from any city government, to an office which shall have been created, or the emoluments whereof shall have been increased during such time. ”

“ That the Legislature of New York is profoundly impressed with the value of the Union, and determined to preserve it unimpaired; that it greets with joy the recent firm, dignified and patriotic Special Message of the President of the United States, and that we tender to him through the Chief Magistrate of our own State, whatever aid in men and money may be required to enable him to enforce the laws and uphold the authority of the Federal Government ”

“ Where an alternative form of county government or any amendment thereof, by act of the legislature or by local law, provides for the transfer of any function or duty to or from any village or the abolition of any office, department, agency or unit of government of a village wholly contained in such county, such form or amendment shall not become effective unless it shall also be approved on the referendum by a majority of the votes cast thereon in all the villages so affected considered as one unit. ”

“ He has refused to pass other laws for the accommodation of large districts of people, unless those people would relinquish the right of representation in the legislature; a right inestimable to them, and formidable to tyrants only. ”

“ The legislature may regulate and fix the wages or salaries and the hours of work or labor, and make provisions for the protection, welfare and safety, of persons employed by the state or by any county, city, town, village or other civil division of the state, or by any contractor or subcontractor performing work, labor or services for the state or for any county, city, town, village or other civil division thereof. (New. Added by amendment approved by vote of the people November 5, 1963.) ”

“ The legislature may increase the number of justices of the supreme court in any judicial district, except that the number in any district shall not be increased to exceed one justice for fifty thousand, or fraction over thirty thousand, of the population thereof as shown by the last federal census or state enumeration. ”

“ New York state, with nearly fifty different administrative bureaus, has a larger number than any other state. In many states the most important of these officials are elected by the people at a general election, but some officials are either chosen by the legislature or appointed by the governor, the latter method applying mainly to offices of recent creation. ”

“ Of the 6663 civil officers whose appointment and removal by the council had for twenty years kept the State in turmoil, he recommended that 3643, being notaries, commissioners, masters and examiners in chancery, and other lesser officers, should be appointed under general laws to be enacted by the legislature; the clerks of courts and district attorneys should be appointed by the common pleas courts; mayors and clerks of cities should be appointed by their common councils, except in New York, where for years afterwards the mayors were appointed ”

“ It is not beyond reasonable assumption that the citizens of New York may amend their state constitution and forbid their legislature to enact any statutes interfering with the freedom of the citizens of New York, in any way, on the matter which is the subject of the Eighteenth Amendment. ”

“ The legislature shall enact laws excluding from the right of suffrage all persons convicted of bribery or of any infamous crime. (Formerly §2. Renumbered by Constitutional Convention of 1938 and approved by vote of the people November 8, 1938; amended by vote of the people November 7, 2001.)
[Certain occupations and conditions not to affect residence] §4. For the purpose of voting, no person shall be deemed to have gained or lost a residence, by reason of his or her presence or absence, while employed in the service of the United States ”

“ How constant was the interference of the State Legislature may be inferred from the fact, vouched for by a return presented to a State Commission on the Government of Cities, that in the ten years between 1880-9 no fewer than 399 different amending laws were passed at Albany affecting the Charter of New York City. A State Legislature which passes nearly forty laws every year changing or amending the City Charter is a factor to be reckoned with. ”

“ The legislature is empowered to make all laws which it shall deem necessary and proper for carrying into execution the foregoing powers. This article shall be construed as extending powers which otherwise might be limited by other articles of this constitution and shall not be construed as imposing additional limitations ”

“ And the seats of the first class shall be vacated at the end of the first year; of the second class, at the end of the second year; of the third class, at the end of the third year; of the fourth class, at the end of the fourth year; in order that one senator be annually elected in each senate district.
§ 6. [Census; reapportionment of senators.] —An enumeration of the inhabitants of the state shall be taken, under the direction of the legislature, in the year one thousand eight hundred and twenty-five, and at the end of every ten years thereafter ”

“ On the final passage, in either house of the legislature, of any act which imposes, continues or revives a tax, or creates a debt or charge, or makes, continues or revives any appropriation of public or trust money or property, or releases, discharges or commutes any claim or demand of the state, the question shall be taken by yeas and nays, which shall be duly entered upon the journals, and three-fifths of all the members elected to either house shall, in all such cases, be necessary to constitute a quorum therein [37] . ”

“ But, sir, Congress can alter as they please any mode adopted by the states. What discretion is there here? The gentleman instances the Constitution of New York, as opposed to my argument. I believe that there are now gentlemen in this house, who were members of the Convention of this state, and who were inclined for an amendment like this. It is to be regretted that it was not adopted. The fact is, as your Constitution stands, a man may have a seat in your legislature, who is not elected by a majority of his constituents. ”