New York 's Forest Preserve , comprises almost all the lands owned by the state of New York within the Adirondack and Catskill parks. It is managed by the state Department of Environmental Conservation (DEC).
118-771: As of 2022, the Forest Preserve covers nearly 3 million acres (12,000 km), about 61% of all land managed by DEC. Around 2.7 million acres (11,000 km) are in the Adirondacks while 288,000 acres (1,170 km) are in the Catskills. Article XIV of the state constitution requires the Forest Preserve to "be forever kept as wild forest lands", thus providing the highest degree of protection of wild lands in any state. A constitutional amendment would be required to transfer any of this land to another owner or lessee . A later amendment to Article XIV also made
236-531: A Council of Appointment . Governor John Jay sent a special message to the lower chamber ( New York State Assembly ) on February 26, 1801, and the same message to the upper chamber ( New York State Senate ) on the following day, in relation to the Council of Appointment, reciting the differences which had existed between Council and Governor, not only during his own term, but during the term of his predecessor, Governor George Clinton . Governor Jay claimed that under
354-468: A committee to study the problem. In 1882, businessmen began lobbying the legislature in earnest. The Forest Preserve Act was passed three years later, prohibiting logging on state-owned land. Later that year, Ulster County 's representatives in the Assembly were trying to get the county out of a crushing property tax debt a court had ruled they owed the state. Their solution was to convey some of
472-484: A Convention" for the purpose of considering the question of the interpretation of §23 of the Constitution, and also that part of the Constitution relating to the number of members of both Senate and Assembly. The Senate was originally composed of twenty-four members, and the Assembly of seventy members, and provision was made for an increase in each chamber at stated periods, until the maximum should be reached, which
590-643: A bill amending the Constitution must be passed by both houses of the Parliament of Australia by an absolute majority (at least 76 of the 151 members of the House of Representatives and at least 39 of the 76 members of the Senate ). If one house passes the bill while the other refuses, it may attempt to pass the bill again. If the second house again refuses to pass it, the Governor-General (presumably on
708-552: A contiguous territory and be "as compact in form as practicable". Emergency powers are described in Section 25. The legislature is granted the power to enact measures allowing the continuity of government, and "provide for prompt and temporary succession" of public offices if they were to become unavailable in the event of an emergency caused by "enemy attack or by disasters (natural or otherwise)". The final paragraph states: "Nothing in this article shall be construed to limit in any way
826-487: A desired amendment. For example, the movement to amend the Constitution to provide for the direct election of senators began to see such proposals regularly pass the House of Representatives only to die in the Senate from the early 1890s onward. As time went by, more and more state legislatures adopted resolutions demanding that a convention be called, thus pressuring the Senate to finally relent and approve what later became
944-447: A majority of voters. With the legislative method, a proposed amendment must be approved by an absolute supermajority of two-thirds of the membership of each house. With the convention method, the legislature may, by a two-thirds absolute supermajority, submit to the voters at a general election the question whether to call a convention to revise the Constitution. If the majority of the voters vote yes on that question, within six months
1062-537: A minority which was defeated by 86 votes for this compromise. Previously, both motions, to vest the right of nomination either exclusively in the governor or exclusively in the Council members, were defeated. The changes in this version of the Constitution were: In 1821, the power struggle between Governor DeWitt Clinton and the Bucktails faction of the Democratic-Republican Party led to
1180-532: A period of several decades. In contrast, the former constitution of the U.S. state of Alabama was amended 977 times between its adoption in 1901 and its replacement by the current constitution in 2022. There are a number of formal differences, from one jurisdiction to another, in the manner in which constitutional amendments are both originally drafted and written down once they become law. In some jurisdictions, such as Ireland, Estonia , and Australia, constitutional amendments originate as bills and become laws in
1298-556: A resident at least 30 days before the date of an election. Any form of bribery or compensation to compel the giving or withholding of a vote is not allowed. The article also establishes the general operation of absentee ballots, voter registration, and elections. Article III establishes the powers and limitations of the bicameral New York State Legislature , which consists of a Senate containing 50 members initially, and an Assembly containing 150 members. Except for Senators elected in 1895 who served three-year terms, every legislative member
SECTION 10
#17327938778131416-948: A small majority, with 247,240 for and 240,442 against it. William A. Wheeler presided. Waldo Hutchins , William M. Evarts , George Opdyke , George William Curtis , Horace Greeley , Ira Harris , Martin I. Townsend , Charles Andrews , Charles J. Folger , Augustus Frank , Augustus Schell , Henry C. Murphy , Homer A. Nelson , David L. Seymour , George F. Comstock , John Magee , Sanford E. Church , Marshall B. Champlain , Teunis G. Bergen , William D. Veeder , John G. Schumaker , Stephen J. Colahan , Elbridge T. Gerry , Gideon J. Tucker , Samuel J. Tilden , Edwards Pierrepont , James Brooks , William Hitchman , Abraham B. Tappen , B. Platt Carpenter , Erastus Corning , Amasa J. Parker , Marius Schoonmaker , Edwin A. Merritt , Leslie W. Russell , Thomas G. Alvord , Horatio Ballard , Hobart Krum , Ezra Graves , Elbridge G. Lapham , Frank Hiscock , Seth Wakeman , and Israel T. Hatch were among
1534-601: A special joint resolution of Congress that does not require the President to sign and that the President can not veto . The manner in which constitutional amendments are finally recorded takes two main forms. In most jurisdictions, amendments to a constitution take the form of revisions to the previous text. Thus, once an amendment has become law, portions of the original text may be deleted or new articles may be inserted among existing ones. The second, less common method,
1652-484: A supermajority of at least six of the nine provinces. If an amendment affects a specific province, it must also be approved by the legislature of the province concerned. Section 1, which defines South Africa as "one, sovereign, democratic state" and lists its founding values, is a specially entrenched clause and can only be amended by an absolute three-quarters supermajority in the National Assembly and six of
1770-425: A widespread realization that it was no long enough to simply rely on the language of Article XIV and the state's Conservation Law (as it was called at the time) and the court decisions and administrative opinions that relied on them. The Conservation Department became DEC in 1970. One of its new tasks was to implement more contemporary land management practices. But administration of the state land in both parks
1888-478: Is charged between May 1 and October 1 for most of these activities, and sometimes just for entering the area. DEC manages 45 campgrounds in the Adirondacks and 7 in the Catskills, for a total of 52 (public campgrounds elsewhere in New York are under the authority of the state parks ). The state's three ski areas — Belleayre Mountain in the Catskills and Gore mountain and Whiteface Mountain in
2006-411: Is elected to two-year terms. The current number of Senators is set by State Law §123, and the number of Senate districts is set at 63 by State Law §124; currently, there are 63 Senate seats. The legislative process, such as the passage of bills, is also described in this article. The article includes rules and processes for drawing legislative districts and making apportionments. The United States Census
2124-482: Is for amendments to be appended to the end of the main text in the form of special articles of amendment , leaving the body of the original text intact. Although the wording of the original text is not altered, the doctrine of implied repeal applies. In other words, in the event of conflict, an article of amendment will usually take precedence over the provisions of the original text, or of an earlier amendment. Nonetheless, there may still be ambiguity whether an amendment
2242-494: Is intended to supersede or to supplement an existing article in the text. An article of amendment may, however, explicitly express itself as having the effect of repealing a specific existing article. The use of appended articles of amendment is most famous as a feature of the United States Constitution , but it is also the method of amendment in a number of other jurisdictions, such as Venezuela . Under
2360-556: Is limited to passive activities such as hiking , camping , hunting , birding and angling which are themselves subject to some further restrictions to ensure that they leave no trace for later recreationists. Special restrictions were recently imposed to limit impact on the largest and most popular wilderness area, the High Peaks Wilderness Complex in the Adirondacks. Powered equipment, such as chainsaws , may be necessary to keep trails open but such use
2478-545: Is minor. Since the mid-1960s the state has regulated commercial highway signage within them in a manner similar to the federal Highway Beautification Act and tries to use a distinctive, rustic gold-on-brown color scheme for all its own signage within them. The original Forest Preserve legislation assigned the state the primary role in controlling forest fires within the parks, a great relief to many towns within it then as steam locomotives and illegal logging were causing numerous remote fires. DEC still has that status in what
SECTION 20
#17327938778132596-573: Is permitted only with the express written authorization of the DEC commissioner . Structures other than those that facilitate recreational use, such as bridges and lean-tos , are generally not allowed, either. The only significant difference between New York's wilderness policy and the federal government's is that the former limits the classification to contiguous parcels of at least 10,000 acres (40 km), instead of 5,000 (20 km). Currently, approximately 1.1 million acres (4,400 km) of
2714-549: Is permitted, however. Mountain bikers and all-terrain vehicle enthusiasts have been lobbying DEC to allow them use of some Wild Forest trails in recent years. As of 2005 it appears that the former may be allowed to use some trails, particularly the old roads that lead to fire towers in both parks, DEC and most other users feel that even Wild Forest trails could not absorb the impact of ATVs. Powered equipment may be used to maintain trails and roads within Wild Forests. In
2832-465: Is through the legislature, either in regular or special session. The governor may call a special session, and specify the agenda for the session. To become part of the constitution, proposed amendments must be approved by a majority of voters in a referendum. Texas has had six different constitutions and the current constitution, adopted in 1876, has been amended 474 times. A proposed amendment must be approved by an absolute supermajority of two-thirds of
2950-461: Is used to determine the number of inhabitants; if it is not carried out or fails to provide this information, then the state Legislature has the power to enumerate its inhabitants. Whenever districts must be amended, an "independent redistricting commission" composed of ten members (two appointed by the temporary president of the Senate , two appointed by the Speaker of the Assembly , two appointed by
3068-496: The Adirondack High Peaks were showing the effects. Two temporary state commissions set up to consider the future course of the Adirondacks and Catskills in the early 1970s both strongly recommended that master plans be created for state lands in both parks. They also called for classifying the large tracts of state land as either wilderness areas or wild forest, depending on the degree of previous human impact and
3186-708: The Archivist of the United States , with the Archivist currently being responsible for certification under 1 U.S.C. § 106b . The certification document usually contains a list of the States that ratified the Amendment. This certification is just used by the federal government to keep an official record and archive of the Amendment for its own purposes, and does not actually have any legal effect on
3304-527: The Gazette . The Constitution of Brazil states various terms on how it can be amended. Article 60 lies within "Section VIII: The Legislative Process, Subsection 2: Amendments to the Constitution". The following is detailed therein: Constitutional amendments may be proposed by: §1°. The Constitution cannot be amended during a federal intervention, state of defence or stage of siege. §2°. A proposed amendment shall be debated and voted on in each Chamber of
3422-565: The New York Court of Appeals has seen fit to interpret analogous provisions differently from United States Supreme Court 's interpretation of federal provisions. The State of New York 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, the state has had only four essentially de novo constitutions in its history, those of 1777 (replacing
3540-740: The New York and New Jersey campaign . 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 . The first Constitutional Convention in New York's history terminated its labors at Kingston, New York , on Sunday evening, April 20, 1777, when
3658-530: The Seventeenth Amendment for fear that such a convention—if permitted to assemble—might stray to include issues above and beyond just the direct election of senators. To become an operative part of the Constitution, an amendment, whether proposed by Congress or a national constitutional convention, must be ratified by either: Congress has specified the state legislature ratification method for all but one amendment. The ratifying convention method
Forest Preserve (New York) - Misplaced Pages Continue
3776-597: The Tennessee State Constitution : through the legislature and by constitutional convention. Proposed amendments must be approved by a majority of voters in a referendum. With the legislative method, the Tennessee General Assembly passes a resolution calling for an amendment and stating its wording. This must pass in three separate readings on three separate days, with an absolute majority on all readings. It does not require
3894-562: The Washington State Constitution is through the legislature and can originate in either branch. The proposal must be approved by a two-thirds majority of the legislature. The proposed amendment is placed on the ballot at the next general election and must be approved by a majority of the voters. The procedure for amending the Constitution of Australia is detailed in section 128 of the Constitution . Firstly,
4012-523: The advice of the Prime Minister ) may still submit the proposed change for referendum. Following this, Australians then vote on the proposal. For a referendum to succeed both of the following must be achieved The double majority is a major factor in why since 1906 out of 44 referendums only 8 have been successful. In the Communist -ruled People's Republic of China , the Constitution of
4130-500: The governor 's approval. It must then be published at least six months before the next legislative election in newspapers of wide and general circulation. (This is done by precedent but is not required by law.) After the election, the proposed amendment must go through the same procedure (absolute majority on three separate readings). Then it is put on the ballot as a referendum in the next gubernatorial election. To be ratified it must again achieve an absolute majority of those voting in
4248-518: The provincial legislatures , and, if it does not have to be passed by the National Council of Provinces (NCOP), submit it to the NCOP for debate. When the bill is introduced, the comments received must be tabled in the National Assembly, and in the NCOP when appropriate. All amendments must be passed by an absolute two-thirds supermajority in the National Assembly (the lower house ); as
4366-452: The 1894 Constitution, from the sixth Convention, which was (and is) still in force. New York's constitution consists of a preamble and 20 articles. It was last amended on January 1, 2018. We The People of the State of New York, grateful to Almighty God for our Freedom, in order to secure its blessings, DO ESTABLISH THIS CONSTITUTION. Article I establishes the rights and personal freedoms of
4484-538: The 1894 Constitution, the people were to vote on the holding of a seventh Constitutional Convention in 1916. However, the Governor proposed that the Convention be moved up to 1915 so that it would not be overshadowed by other issues. Thus, in April 1914, a referendum approved a Constitutional Convention to be held in 1915. There were 168 delegates to the 1915 Convention. The delegates included: Elihu Root (the President of
4602-504: The 1915 Convention proposed numerous overhauls to the judicial system. The Legislature rejected this article and it was not sent to the voters. However, in 1921, the Legislature authorized a group of thirty people to revise the judiciary article of the 1894 Constitution. However, the proposed article included many proposals from the 1915 Convention, and was again rejected by the Legislature. The Constitution established in 1894 required
4720-470: The 1919 German Weimar Constitution , the prevailing legal theory was that any law reaching the necessary supermajorities in both chambers of parliament was free to deviate from the terms of the constitution, without itself becoming part of the constitution. This very wide conception of "amendment" eased the rise of Adolf Hitler to power; it was consequently explicitly ruled out in the postwar 1949 constitution, which allows amendments only by explicitly changing
4838-567: The Adirondack Park Blue Line was redrawn shortly afterwards following the Catskills' example. The park boundaries became known as the Blue Line since they were drawn, as they have been ever since, in blue ink on state maps. While it takes only a simple majority vote of the legislature to amend either Blue Line to add land to the park, any diminution requires that two successive legislative sessions approve, consistent with
Forest Preserve (New York) - Misplaced Pages Continue
4956-539: The Adirondack Park was defined in terms of the counties and towns within it. Two years later, the Catskill Park followed suit. However, it was delineated not solely in terms of pre-existing political boundaries but instead through a combination of those and old survey lot lines, streams and railroad rights-of-way . That proved to be a more effective and politically viable method, and accordingly
5074-450: The Adirondacks — also fall under this classification as well. There are five day-use areas in the Adirondacks and one (so far) in the Catskills. This classification applies to a limited number of DEC-owned lands that are managed for other than Forest Preserve purposes. It covers a number of facilities devoted to research , some prisons , and state fish hatcheries in both parks. New York State Constitution The Constitution of
5192-443: The Amendment. State constitutions in the U.S. are amended on a regular basis. In 19 states, the state constitutions have been amended at least 100 times. Amendments are often necessary because of the length of state constitutions, which are, on average, three times longer than the federal constitution, and because state constitutions typically contain extensive detail. In addition, state constitutions are often easier to amend than
5310-461: The Assembly has 400 members this requires 267 members to vote for the amendment. Most amendments do not have to be considered by the NCOP (the upper house ). Amendments of the Bill of Rights , and amendments affecting the role of the NCOP, the "boundaries, powers, functions or institutions" of the provinces or provisions "dealing specifically with provincial matters" must also be passed by the NCOP with
5428-499: The Catskills and Gore and Whiteface in the Adirondacks. The latter includes a toll road to the summit as well. Subsections were later added to allow the construction of reservoirs and make certain that use of the land remained free to the public beyond any reasonable fee the state could charge for a particular activity. In 1902, when Article XIV was more a matter of settled law, the legislature realized it had to delimit where Forest Preserve would be acquired. Accordingly, that year
5546-579: The Catskills, it has long been informal DEC policy to treat all Wild Forest lands above 3,100 feet (944.9 m) in elevation as de facto wilderness. A proposed update to the master plan for the park would not only make this formal but extend the limit to 2,700 feet (823 m). Intensive Use areas are places like state campgrounds or "day use" areas (more like a small public park ) without camping. There may be designated campsites , picnic tables, charcoal grills , public restrooms and shower facilities and swimming areas with lifeguards . A fee
5664-622: The Constitution immediately once it is ratified by three-fourths of the States. The Article usually goes into force at this time too, though it may self-impose a delay before that happens, as was the case of the Eighteenth Amendment . Every ratified Amendment has been certified or proclaimed by an official of the federal government, starting with the Secretary of State , then the Administrator of General Services , and now
5782-409: The Constitution the Governor had the exclusive right of nomination, but some members of the Council of Appointment claimed a concurrent right of nomination. This, the Governor denied, and in this message he recommends that it be settled in some way. Since the original Constitution had no provisions as to how to amend it, on April 6, 1801, the legislature passed a law with the title "An Act Recommending
5900-472: The Constitution. Amendment proposals may be adopted and sent to the states for ratification by either: All 33 amendment proposals that have been sent to the states for ratification since the establishment of the Constitution have come into being via the Congress. State legislatures have however, at various times, used their power to apply for a national convention in order to pressure Congress into proposing
6018-1511: The Convention), Edgar T. Brackett , Jacob Brenner , Alphonso T. Clearwater , Patrick W. Cullinan , Seth Low , Louis Marshall , John Lord O'Brian , Herbert Parsons , Adolph J. Rodenbeck , Jacob Gould Schurman , Henry L. Stimson , George W. Wickersham , Franklin A. Coles , Harry E. Lewis , Meier Steinbrink , Harry Heyman , John F. Ahearn , Abraham Harawitz , Alfred E. Smith , Harry E. Oxford , Morgan J. O'Brien , John B. Stanchfield , James A. Foley , De Lancey Nicoll , William F. Sheehan , Thomas Francis Smith , Thomas Maurice Mulry , John Thomas Dooling , John Godfrey Saxe II , Robert F. Wagner , Courtlandt Nicoll , Frederick C. Tanner , Mark Eisner , William M. K. Olcott , Martin Saxe , J. Sidney Bernstein , Nathan Burkan , Anthony J. Griffin , Louis F. Haffen , Francis W. Martin , George A. Blauvelt , Eugene Lamb Richards , Francis A. Winslow , Frank L. Young , Caleb H. Baumes , Lemuel E. Quigg , William Barnes Jr. , Harold J. Hinman , Victor M. Allen , W. Barlow Dunlap , Louis M. Martin , Ray B. Smith , Israel T. Deyo , George E. Green , Jesse S. Phillips , James Wolcott Wadsworth , Frank M. Jones , Benjamin Rush Rhees , Homer E. A. Dick , Charles B. Sears , Matthias Endres , Frank W. Standart , and James S. Whipple . Proposed changes included: All of
SECTION 50
#17327938778136136-743: The Forest Preserve is designated as wilderness. While retaining an essentially wild character, Wild Forests are those areas which have seen higher human impact and can thus withstand a higher level of recreational use. Often these are lands which were logged heavily in the recent past (sometimes right before being transferred to the state). They might best be described as wildernesses where, within limits, powered vehicles are allowed. The wide roads left behind by logging operations make excellent trails not only for foot travel but for horses , snowmobiles , and cross-country skiing as well. Hunters prefer to seek game in wild forests because they can use cars or trucks to transport their kills out. Not all vehicle use
6254-488: The Forest Preserve. In the Adirondacks, several additional classifications exist due to the more diverse character of lands in the extensive area of the park: primitive area; canoe area; travel corridor; wild, scenic, and recreational rivers; and historic area. But there is no corresponding agency for the Catskills (largely due to the rough start experienced by the APA) and as a rule the practical impact of living within Blue Line
6372-646: The Legislature passed "An Act to amend chapter 398, of the Laws of 1892, entitled 'An Act to provide for a convention to revise and amend the Constitution'", calling a Constitutional Convention to meet in 1894. The 175 delegates were elected at the New York state election, 1893 , five in each senatorial district, and 15 at-large. The Convention met on May 8, 1894, at the New York State Capitol in Albany; and adjourned on September 29. The revised Constitution
6490-434: The Legislature shall provide for the convention. Delegates to a constitutional convention shall be voters elected from districts as nearly equal in population as may be practicable. The constitution does not provide any rules for the operation of the constitutional convention. With the initiative method, an amendment is proposed by a petition signed by voters equal in number to 8% of the votes for all candidates for governor at
6608-422: 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: This apportionment stood unchanged until seven years after
6726-604: The National Congress, in two rounds, and shall be considered approved if it obtains three-fifths of the votes of the respective members in both rounds. §3°. A Constitutional amendment shall be promulgated by the Executive Committees of the Chamber of Deputies and Federal Senate, taking the next sequential number. §4°. No proposed constitutional amendment shall be considered that is aimed at abolishing
6844-662: The People's Republic of China states how to be amended under Article 64 of "Chapter III: The Structure of the State". It says the following: Amendments to the Constitution are to be proposed by the Standing Committee of the National People's Congress or by more than one-fifth of the deputies to the National People's Congress and adopted by a majority vote of more than two-thirds of all the deputies to
6962-556: The Senate Minority Leader, two appointed by the Assembly Minority Leader, and two appointed by the eight other appointed members) is created. Drawing of district lines must not violate racial or language minority voting rights. Each district must contain "as nearly as may be an equal number of inhabitants"; if it does not the commission must provide a reason. Additionally, districts must consist of
7080-867: The State Senate, equally divided between the two major political parties. The Commission met from December 4, 1872, to March 15, 1873. They proposed amendments to the Constitution of 1846, which was still in force with amendments which were then approved or rejected by the Legislature, and those approved were then submitted to the voters for ratification. Among the members were: Robert H. Pruyn who presided; George Opdyke , Augustus Schell , John D. Van Buren , Erastus Brooks , Benjamin D. Silliman , George C. Burdett , Francis Kernan , Elias W. Leavenworth , Daniel Pratt , John F. Hubbard Jr. , Barna R. Johnson , Lucius Robinson , George B. Bradley , Van Rensselaer Richmond , Lysander Farrar , Lorenzo Morris and Sherman S. Rogers . Major changes: On January 27, 1893,
7198-528: The State of New York establishes the structure of the government of the 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,
SECTION 60
#17327938778137316-519: The bill was passed, after many deals and compromises among members, that added lands in Ulster, Sullivan and Greene counties to those eligible for Forest Preserve status. One side effect of this deal is that the state pays all local and county property taxes on the Forest Preserve as if it were a commercial landowner. This has helped many local governments remain solvent as they have very little economic assets other than forest resources. To manage
7434-557: The bill. The Bucktails did not have a two-thirds majority in the legislature to override the veto. During the regular session (beginning in January 1821), the Legislature passed a new bill that put the question to the people. At the state election in April 1821, the people voted in favor of the convention. The convention met from August to November in Albany . U.S. Vice President Daniel D. Tompkins presided. Between January 15 and 17, 1822,
7552-527: The call for a Constitutional Convention by the Bucktail members of the legislature, against Clinton's fierce opposition. Their intention was to transfer powers from the executive to the legislative branch of the government. In November 1820, the legislature passed a bill which authorized the holding of a convention with unlimited powers. Governor Clinton cast the deciding vote in the Council of Revision to veto
7670-485: The commission the right to sell timber from the lands and trade them as it saw fit. It seemed the Forest Preserve now existed only on paper. But the following year New York held a constitutional convention , and the language of the law was written into the new state constitution with added words to close every loophole the Forest Commission had found. This section, Article VII of the 1894 constitution (which
7788-548: The connection between deforestation and desertification . In the years that followed, New York's business community began to fear that erosion from unchecked logging in the Adirondacks could silt up the Erie Canal and eliminate the state's economic advantage. Five years later, surveyor Verplanck Colvin was said to have had the idea for a park while viewing the Adirondacks from the summit of Seward Mountain . He wrote to his superiors in Albany , who appointed him to
7906-438: The constitution's Articles 104 and 105 are almost unamendable since they require the total consensus of the federal regional states and two-thirds of each house of Parliament. In Ethiopia's federal experience, each regional state is equal and has the right to veto amendments to the aforementioned articles. The Constitution of South Africa can be amended by an Act of Parliament , but special procedures and requirements apply to
8024-627: The constitution's text. (referendum if on status of the Church) (referendum if demanded by 10% of either house of legislature) (referendum if demanded by 1/3 of legislature) The Constitution of Ethiopia can only be modified by a two-thirds majority of the country's regions , and a two-thirds majority of a joint session of the Federal Parliamentary Assembly in accordance with Article 105. The constitution's Chapter Three (describing both Human and democratic rights) and
8142-588: The convention had a small Republican majority. The convention met in June at Albany, New York , adjourned on September 23, met again on November 12, and adjourned again in February 1868. Afterwards the draft was discussed in the New York State Legislature for another year and a half, the questions being if to vote for the whole Constitution or separately for some or all articles. In the end,
8260-497: The day that the constitution will take effect, which is January 1, 1939. The Fourth New York Provincial Congress , resolving itself as the Convention of Representatives of the State of New York , adopted the first constitution of the state of New York on April 20, 1777. The Province of New York was established after the naval invasion and absorption of the previous Dutch Colony of New Netherlands . The original proprietor
8378-497: The delegates were DeWitt Clinton (future governor), James Clinton , William Floyd , Ezra L'Hommedieu , Smith Thompson , Daniel D. Tompkins , John Vernon Henry , William P. Van Ness , and Vice President of the United States Aaron Burr , who presided. Tompkins was one of the 14 who voted against the right of nomination being given to the members of the Council of Appointments and the Governor concurrently,
8496-415: The delegates. The changes in this version of the constitution were: According to the Constitution of 1846, twenty years after its elaboration the electorate was asked if they wanted a constitutional convention to be held, which was answered in the affirmative at the New York state election, 1866 with 352,854 votes for, and 256,364 against the convention. On April 23, 1867, the delegates were elected, and
8614-422: The delegates. The changes in this version of the constitution were: After the rejection of all amendments proposed by the Convention of 1867–68, except the judicial article, Governor John T. Hoffman suggested to the Legislature that a non-partisan Constitutional Commission of 32 members should be formed. The Commission had four members from each senatorial district, appointed by the Governor, and confirmed by
8732-752: The delegates. The changes in this version of the constitution were: The delegates convened at Albany on June 1, 1846, and adjourned on October 9. The new Constitution was put before the voters at the next state election in November and was adopted. Yes: 221,528 votes, No: 92,436 votes. John Tracy presided. Ira Harris , George W. Patterson , Ambrose L. Jordan , Charles H. Ruggles , David R. Floyd-Jones , Charles O'Conor , Samuel J. Tilden (future New York Governor and 1876 presidential candidate who won popular vote but lost in electoral college to Rutherford B. Hayes ), Levi S. Chatfield , William B. Wright , Michael Hoffman and William C. Bouck were among
8850-500: The elected membership of each house of the legislature. It is submitted to the voters in an election specified by the legislature. The wording of an explanatory statement that will appear on the ballot must be approved by the Texas Attorney General and printed in newspapers. The full text of the amendment must be posted by all county clerks for 30 days before the election. The only method for proposing an amendment to
8968-555: The end of the Revolutionary War , in 1790, when the First United States Census was held to correct apportionments. On the subject of enfranchisement , Article VII of the new constitution said: The Constitutional Convention of 1801 was not convened to propose a new Constitution. Instead, it formed purely to resolve differences of interpretation of §23 of the 1777 Constitution, which provided for
9086-522: The federal constitution. Individual states differ in the difficulty of constitutional amendments. Some states allow for initiating the amendment process through the action of the state legislature or by popular initiative. There are three methods for proposing an amendment to the California State Constitution : by the legislature , by constitutional convention, or by voter initiative. A proposed amendment must be approved by
9204-622: The following: §5°. The subject of a defeated or prejudiced proposed Constitutional amendment may not be made the subject of another proposed amendment in the same legislative session. Article 60 is the only article prescribed under Subsection 2 of Section 8 in the Brazilian constitution. Article Five of the United States Constitution describes the process whereby the federal Constitution may be altered. Twenty-seven amendments have been added (appended as codicils ) to
9322-454: The form of acts of parliament. This may be the case notwithstanding the fact that a special procedure is required to bring an amendment into force. Thus, for example, in Ireland and Australia although amendments are drafted in the form of Acts of Parliament they cannot become law until they have been approved in a referendum. By contrast, in the United States a proposed amendment originates as
9440-576: 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. 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
9558-439: The gubernatorial election. With the convention method, the legislature can put on any ballot the question of whether to call a constitutional convention . It must be stated whether the convention is limited or unlimited—that is, whether it can only amend the current constitution or totally abolish it and write a new one. If limited, the call must state which provisions of the current constitution are to be subject to amendment, and
9676-429: The land on which they owed the taxes, mostly around Slide Mountain to the state. The Catskills had actually been considered when the Forest Preserve legislation was first passed, but Harvard botanist Charles Sprague Sargent had visited them and reported back to the legislature that it was not worth the effort as its streams did not appreciably affect the state's navigable waterways . However, an amended version of
9794-403: The land, the state had created a Forest Commission, making New York second only to California in having a state-level forestry agency. Most of its members were either openly or covertly connected to timber interests, however, and routinely approved dodges around the legislation to make sure logging would continue. In 1893 the legislature retroactively approved many of these practices by giving
9912-469: The lands important parts of water supply networks in the state, particularly New York City's , by allowing 3% of the total lands to be flooded for the construction of reservoirs . The establishment of the Forest Preserve in the 19th century was motivated primarily by economic considerations. Over time, its importance to recreation , tourism , and conservation came to be seen. In 1865, George Perkins Marsh published Man and Nature , which made
10030-487: The last gubernatorial election. The proposed amendment is then submitted to the voters at a general or special election. There are two methods of proposing amendments to the New York Constitution . All proposed amendments must be approved by a majority of voters in a referendum. With the legislative method, an amendment proposal must be published for three months, then approved by an absolute majority of
10148-519: The law calls "fire towns," which include every town entirely or partially within the parks (and the Ulster County town of Shawangunk , which has plenty of fire exposure on the eponymous ridge ). Fires have become much less widespread than they used to be, however, thanks to a better-educated public and state oversight. The Catskill Park is also the only place within the state's "Southern Zone" where hunters do not have to wear their deer tags in
10266-502: The law. Nonetheless, they would try. The new provision barely survived an attempt to gut it two years later when they again prevailed upon the legislature to approve an amendment requiring the state to "manage the land in accordance with sound timber management principles." Voters resoundingly rejected it, however, and the principle of a "forever wild" Forest Preserve has remained inviolate in New York State to this day. Since then, over 2,000 amendments to Article XIV have been introduced in
10384-403: The legislature, or direct approval by the electorate in a referendum , or even a combination of two or more different special procedures. A referendum to amend the constitution may also be triggered in some jurisdictions by popular initiative . Australia and Ireland provide examples of constitutions requiring that all amendments are first passed by the legislature before being submitted to
10502-422: The legislature. Of those, only 28 have made it to the ballot, and only 20 have passed. Many of those have been otherwise routine land transfers that enabled the construction or expansion of public cemeteries or airports . Others have allowed for the construction and continued maintenance of reservoirs and highways. The most significant change was a pair of amendments that created the ski centers at Belleayre in
10620-432: The level of recreational use they could sustain. Both of these were ultimately adopted, along with intensive use area and administrative use area designations for smaller parcels. Land use in the Adirondack Park is subject to the rules and zoning regulations of the sometimes-controversial Adirondack Park Agency (APA). Even the state Department of Environmental Conservation must get APA approval of its management plans for
10738-494: The lieutenant governor first in line, and then the temporary president of the Senate. Article V describes the roles of the comptroller and attorney-general as well as the operation of the civil departments , of which there can be at most 20. Article VI describes the judicial branch, including the court systems , the operation of trials, and the conditions for appointing and removing judges and justices. It contains 37 sections, more than any other article. Article XX describes
10856-456: The members of each of the two houses, and approved again in a succeeding term of the houses, with an election intervening. Finally, the amendment proposal must be submitted to the people, and for ratification must be approved by a simple majority. With the convention method, a constitutional convention must be convened by a majority vote of voters in a general election (referendum) on the question. There are two methods for proposing amendments to
10974-443: The new Constitution was adopted with but one dissenting vote, and then adjourned. The site is now Senate House State Historic Site . The constitution was not submitted to the people for ratification, however because of the war situation. It was drafted by John Jay , Robert R. Livingston , (new Chancellor of the State of New York ), and Gouverneur Morris , who would subsequently help write the U.S. Constitution. This Constitution
11092-516: The new Constitution was rejected by the voters at the New York state election, 1869 , with 223,935 votes for and 290,456 against it. The Republican Party advocated the adoption, the Democrats the rejection of the new proposed Constitution of 1867-68, and by 1869 the Democrats had a majority in the State. Only the "Judicial Article" which re-organized the New York Court of Appeals was adopted by
11210-482: The new constitution, as amended by the convention, was put before the voters for ratification as a whole, and was accepted: for 74,732; against 41,402. There was deep division among New Yorkers over the merits of the amended constitution. Those who opposed it and who did not sign included: Supporters who signed the new constitution included: Peter R. Livingston , Alexander Sheldon , Jacob Radcliff , Peter Sharpe , Rufus King , and Nathaniel Pitcher were also among
11328-525: 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. The city was then threatened with a British occupation by an invading British Army landing on Staten Island . There were 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 crushing defeats in
11446-489: The passage of constitutional amendments. A bill amending the Constitution must be introduced in the National Assembly , and cannot contain any provisions other than constitutional amendments and directly related matters. At least 30 days before a constitutional amendment bill is introduced in the National Assembly, the person or committee introducing the amendment must publish it for public comment, submit it to
11564-481: The people, as well as the responsibilities and limitations of the government. Many of the provisions in this article are similar to those in the Constitution of the United States . Some provisions included are freedom of speech , a trial by jury , freedom of worship , habeas corpus , and security against unreasonable search and seizures. Article II describes the rights and requirements involved in voting. All citizens over eighteen are allowed to vote if they have been
11682-697: The people; in the case of Ireland, a simple majority of those voting at the electorate is all that is required, whereas a more complex set of criteria must be met in Australia (a majority of voters in a majority of states is also necessary). Switzerland has procedure similar to that of Australia. The special procedures for the amendment of some constitutions have proven to be so exacting, that of proposed amendments either few (eight Amendments out of 44 proposed in Australia), or none (as in Japan) have been passed over
11800-491: The power of the state to deal with emergencies arising from any cause". Article IV states that executive branch powers are vested in the governor and lieutenant governor, who are elected jointly to serve four-year terms. The governor can veto legislative bills, is the commander-in-chief of the state's military, can convene the legislature "on extraordinary occasions", and has the power to grant pardons for all offenses except treason and impeachment. The order of succession has
11918-405: The process for amending the constitution without the public vote. Both parks have grown considerably since being created. The Catskill Park reached its present size in the late 1950s; the Adirondack Park did not cover its current domain until the early 1970s. While many of the original holdings came from tax foreclosures , over time the state bought huge tracts, aided by bond issues approved by
12036-488: The proposals from the seventh Constitutional Convention of 1915 were grouped into five questions, all of which were rejected by the people. However, all was not lost. In 1925, a revised Article 5, containing many proposals from the Fifth Convention of 1915, was submitted to the people/voters and accepted in a referendum/election. In 1927, the budget proposal from the Fifth Convention was also accepted. Originally,
12154-485: The provinces in the NCOP. Once an Act is passed by the National Assembly, and by the NCOP if necessary, it must be signed and assented to by the President . As with any other Act of Parliament, by default an amendment comes into effect when it is published in the Government Gazette , but the text of the amendment may specify some other date of commencement, or allow the President to specify one by notice in
12272-504: The public. One in the late 1920s proved to be of particular value as the state was able to acquire a great deal of property at minimal prices due to the Great Depression . At that time the state's Parks Council bought the land and left management to the then-Conservation Commission. The state could also theoretically use its power of eminent domain to acquire Forest Preserve, but in practice it has rarely resorted to this. For
12390-512: The state legislatures' or state ratifying conventions' consideration of proposed amendments. In Dillon v. Gloss (1921), the Supreme Court affirmed that Congress—if it so desires—could provide a deadline for ratification. An amendment with an attached deadline that is not ratified by the required number of states within the set time period is considered inoperative and rendered moot . A proposed amendment becomes an official Article of
12508-487: The subsequent convention, if approved, is limited to considering only amendments to the provisions specified in the call. The proposed amendments must then be submitted to the electorate and approved by a majority of those voting in the election. A constitutional convention cannot be held more frequently than once every six years. The only method for proposing an amendment to the Texas State Constitution
12626-432: The text. Conversely, they can be appended to the constitution as supplemental additions ( codicils ), thus changing the frame of government without altering the existing text of the document. Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation. Examples of such special procedures include supermajorities in
12744-412: The timber thereon be sold, removed or destroyed. Since amending New York's constitution is a deliberately cumbersome process that requires the approval of both Assembly and Senate in successive sessions of the legislature, followed by public approval at the next general election , this put a severe damper on any efforts by the Forest Commission to placate the loggers while still claiming to be honoring
12862-484: The time being, the state is not seeking to expand the Forest Preserve as actively as it has in past years, since many of the most desired properties have been acquired. However, it remains publicly committed to working with any willing seller. Ecological and environmental awareness grew in the later years of the 20th century. Recreational use of the Forest Preserve began to rise to new levels, and newer methods of outdoor recreation became popular. These two factors led to
12980-464: The voters to vote on the necessity of a subsequent constitutional convention in 1936. On November 3, 1936, the voters approved the holding of a Convention which was held two years later in 1938. Constitutional amendment A constitutional amendment is a modification of the constitution of a polity , organization or other type of entity . Amendments are often interwoven into the relevant sections of an existing constitution, directly altering
13098-424: The woods. New York State's wilderness areas are managed in a way essentially similar to their federal counterparts . Wilderness areas are those judged to have been far more affected by nature than humanity, to the extent that the latter is practically unnoticeable. As a result, the Forest Preserve's wildernesses boast extensive stands of virgin forest. No powered vehicles are allowed in wilderness areas. Recreation
13216-428: Was (and still is) split between different regional offices, and it was hard to get them both following the same principles since they did not communicate much. There was also no serious planning involved. New trails were created, or allowed to be created by outside parties, with little thought to their environmental impact or regional role. Camping was permitted anywhere, and some of the sensitive alpine environments in
13334-478: Was a combination document, containing its own "Declaration of Independence" from 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)
13452-558: Was fixed at one hundred senators and three hundred members of assembly. The increase in membership had apparently been more rapid than was at first anticipated. At that time the Senate had increased to forty-three members, and the Assembly to one hundred and twenty-six members. The election of the delegates took place in August; the Convention met on the second Tuesday in October at Albany. It ended two weeks later on October 27, 1801. Among
13570-424: Was later changed to Article XIV), is often referred to as the "forever wild" section even though those two words do not appear next to each other in the text. The lands of the state, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be forever kept as wild forest lands. They shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall
13688-1356: Was submitted for ratification at the New York state election, 1894 , in three parts: the new legislative apportionment; the proposed canal improvements; and 31 miscellaneous amendments to the Constitution; which were all adopted by the voters. Among the delegates were: Joseph H. Choate , President; Thomas G. Alvord , First Vice President; William H. Steele , Second Vice President; Elihu Root ; Edward Lauterbach ; Jesse Johnson ; Frederick William Holls ; Michael H. Hirschberg ; John T. McDonough ; John M. Francis ; Commodore P. Vedder ; John I. Gilbert ; Augustus Frank ; Daniel H. McMillan ; Frederic Storm ; John G. Schumaker ; John B. Meyenborg ; Almet F. Jenks ; Charles B. Morton ; William D. Veeder ; John Cooney ; Thomas W. Fitzgerald ; Wright Holcomb , De Lancey Nicoll ; John Bigelow ; Frank T. Fitzgerald ; Leonard A. Giegerich ; Joseph Koch ; Gideon J. Tucker ; M. Warley Platzek ; Jacob Marks ; Andrew H. Green ; Joseph I. Green ; Stephen S. Blake ; William Church Osborn ; Willard H. Mase ; Roswell A. Parmenter ; A. Bleecker Banks ; Abram B. Steele ; Chester B. McLaughlin ; Elon R. Brown ; Henry J. Cookinham ; John C. Davies ; Louis Marshall ; Milo M. Acker ; Merton E. Lewis ; I. Sam Johnson ; Henry W. Hill ; George Allen Davis ; and Charles J. Kurth . Major changes: Under
13806-786: Was 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 II . Its Colonial Charter was 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 independent kingdom of Scotland The First Constitution of 1777, which replaced this Colonial Charter with its royal authority, for
13924-481: Was used for the Twenty-first Amendment , which became part of the Constitution in 1933. Since the turn of the 20th century, amendment proposals sent to the states for ratification have generally contained a seven-year ratification deadline, either in the body of the amendment or in the resolving clause of the joint resolution proposing it. The Constitution does not expressly provide for a deadline on
#812187