New York Constitution - Amending The Constitution

Amending The Constitution

The Constitution can be amended in two main ways:

• By a proposal of an amendment in the Legislature, subject to voter approval, or
• Through a convention, also subject to voter approval, which can be called in one of two ways:

• By proposal of the Legislature, subject to voter approval
• Through the automatic referendum every twenty years

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

Whether or not a limited-call convention dealing with specific issues is constitutional or not remains unclear. Proponents argue that because the Constitution is a limiting, and not a granting, document, then it is. They point to the fact that the 1801 Convention was a limited-call one. Opponents argue that because the Constitution does not expressly provide for such a convention, any such convention would be unconstitutional.