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Constitution of New York : ウィキペディア英語版
New York Constitution
(詳細はState of New York, and enumerates the basic rights of the citizens of New York. Like most state constitutions in the United States, New York's constitution's provisions tend to be more detailed, and amended more often than its federal counterpart. Because the history of the state constitution differs from the federal constitution, the New York Court of Appeals has seen fit to interpret analogous provisions differently from United States Supreme Court's interpretation of federal provisions.
New York State has held nine Constitutional Conventions: in 1776–1777; 1801; 1821; 1846; 1867–1868; 1894; 1915; 1938; and 1967; a Constitutional Commission in 1872–1873, and a Judicial Convention in 1921. Despite this fact, the state has had only four essentially ''de novo'' constitutions in its history, those of 1777 (replacing the former colonial charter), 1821, 1846 and 1894.
During the 20th century, the State held three constitutional conventions, the efforts of two of which were rejected by the New York State electorate.〔http://www.albanylaw.edu/media/user/librarypdfs/guides/nyconsti.pdf〕 However, portions of the seventh Convention's proposals of 1915 were adopted separately later in 1925 and 1927. The eighth Constitutional Convention of 1938, unlike all other state constitutional conventions since 1801, did not actually propose an entirely new Constitution, but just substantially modified the 1894 Constitution, from the sixth Convention, which was (and is) still in force.〔
==Constitution of New York, 1777==
The Province of New York, its original proprietor of the Duke of York, the future James II of England and James VII of Scotland and younger brother of the then-King of England, Charles I was established after the naval invasion and absorption of the previous Dutch Colony of New Netherlands by its Colonial Charter under authority from the Monarch, (the King or Queen of Great Britain) of the Kingdom of England and later of Great Britain, after the Act of Union of 1707 which united England and Wales and the formerly long-time independent kingdom in the north, Scotland.
The First Constitution of 1777, which replaced this Colonial Charter with its royal authority, for the newly independent "State of New York" was framed by a Convention which assembled at White Plains, New York, (just north of New York City on Sunday evening, July 10, 1776, which was then threatened by a British occupation by an invading British Army landing on Staten Island and soon Long Island, and after repeated adjournments and changes of location, caused by the increasingly desperate war situation, with General George Washington's ragged Continental Army, forced out of New York City by the crushing defeat that August 1776, at the Battle of Brooklyn (also known as Battle of Long Island, being pursued north out of New York suffering defeats at the Battles of Harlem Heights and White Plains through the Fall, across northern New Jersey and camping across the Delaware River after a daring midnight Christmas crossing into Pennsylvania. But the work of creating a democratic and free independent state continued by the Convention through the bitter winter with the British quartered in the City of New York and Washington's few thousand troops camped in winter quarters to the southwest in Morristown, New Jersey after its morale-raising victories at the Battles of Trenton and Princeton in New Jersey, until the first Constitutional Convention in New York's history terminated its labors at Kingston, New York, on Sunday evening, April 20, 1777, when the new Constitution was adopted with but one dissenting vote, and then adjourned. It was not submitted to the people for ratification, however because of the war situation. It was drafted by John Jay, (future diplomat, Supreme Court Chief Justice and New York Governor), Robert R. Livingston, (new Chancellor of the State of New York), and Gouverneur Morris, noted financier for the Revolutionary Colonial war effort.〔

(詳細はGreat Britain, and its Constitutional Law. It called for a weak bicameral legislature (Assembly and State Senate) and a strong executive branch with a Governor. It retained provisions from the Colonial Charter such as the substantial property qualification for voting and the ability of the Governor to prorogue (dismiss) the Legislature. This imbalance of power between the branches of state government kept the elite firmly in control, and disenfranchised the majority of the male New York population. Slavery was legal in New York until 1827.
Under this Constitution, the lower chamber Assembly had a provision for a maximum of 70 Members, with the following apportionment:
#For the City and County of New York (now Borough of Manhattan), nine.
#The City and County of Albany, ten
#Dutchess County (now Dutchess and Putnam counties), seven.
#Westchester County (now Borough of The Bronx and Westchester counties), six.
#Ulster County, six.
#Suffolk County, five.
#Queens County (now Borough of Queens and Nassau Counties), four.
#Orange County (now Orange and Rockland Counties), four.
#Kings County (now Borough of Brooklyn), two.
#Richmond County (now Borough of Staten Island), two.
#Tryon County (now Montgomery County), six.
#Charlotte County (now Washington County), four.
#Cumberland County (seceded January 15, 1777 to the Vermont Republic), three.
#Gloucester County (seceded January 15, 1777 to the Vermont Republic), two.
This apportionment stood unchanged until seven years after the end of the Revolutionary War, in 1790, when the United States Census was held to correct apportionments.
On the subject of enfranchisement, Article VII of the new constitution had the following to say:
VII. That every male inhabitant of full age, who shall have personally resided within one of the counties of this State for six months immediately preceding the day of election, shall, at such election, be entitled to vote for representatives of the said county in assembly; if, during the time aforesaid, he shall have been a freeholder, possessing a freehold of the value of twenty pounds, within the said county, or have rented a tenement therein of the yearly value of forty shillings, and been rated and actually paid taxes to this State: Provided always, That every person who now is a freeman of the city of Albany, or who was made a freeman of the city of New York on or before the fourteenth day of October, in the year of our Lord one thousand seven hundred and seventy-five, and shall be actually and usually resident in the said cities, respectively, shall be entitled to vote for representatives in assembly within his said place of residence.
〔 (Cataloging Record )〕

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
ウィキペディアで「New York Constitution」の詳細全文を読む



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