New York Constitution - 1938 Convention

1938 Convention

The Constitution established in 1894 required the voters to vote on the necessity of a constitutional convention in 1936. On November 3 of that year, the voters approved the holding of a convention.

There were 168 delegates to the convention. These included Alfred E. Smith, Hamilton Fish III, Robert F. Wagner, and Robert Moses. The Convention was chaired by Frederick E. Crane, the Chief Judge of the State Court of Appeals. Governor Herbert Lehman appointed Charles Poletti to head a committee to gather information for the convention's use. The twelve-volume report they produced is called the Poletti Report.

The 1938 Convention did not actually adopt a new Constitution, but it did make major changes (57 amendments in all) to the Constitution, which were bundled into nine questions for the voters. However, only six questions were approved. Changes approved were:

• The State Legislature was now authorized to enact a Social Security program
• The State Legislature could provide funding to eliminate railroad crossings
• New York City was excluded from debt limits in order to finance a public rapid transport system
• An amendment setting out the rights of public works projects workers
• A number of non-controversial amendments
• Permission for the State Legislature to fund transportation to parochial schools