New+York+State+Constitution+Materials

=New York State Constitution Materials=


 * __Quick Facts:__**
 * Many __versions__ of the Constitution (1777, 1801, 1821, 1846)
 * 1894: current version of Constitution adopted
 * Amendments to Constitution: done through Constitutional Convention (every 20 years) or passage of bill (amendment) through 2 successive legislative sessions plus majority of voter approval.
 * 1895, 1915, 1937 constitutional convention amendments included in the 1938 Constitutional Convention reports or //Poletti Report//.

> o Located in first volumes > o Located at end
 * __Where to Find:__**
 * McKinney’s Consolidation Laws of NY(McKinney’s) = West: annotated
 * NY Consolidated Law Service(CLS) = Lexis: annotated
 * __NYS Legislature__: click on “Laws of New York”, scroll down to Misc.


 * __Secondary sources for research:__**
 * //New York State Constitution: sources of legislative intent// (Robert Allan Carter): lists for each section of the Constitution important documents from constitutional conventions.
 * //New York Legal Research Guide//, Chapter 1, New York’s Constitution: great summary of various research resources.
 * New York Jurisprudence (print and Westlaw)

> o Table of Contents in McKinney’s or CLS Constitution volumes > o Indexes in aforementioned publications > o NY Digest, > o Notes of Decision in McKinney’s or CLS, > o NY Jur.
 * __Research Strategy:__**
 * Looking for pending amendments: McKinney’s Session Laws of NY
 * Looking for a particular section:
 * Looking for cases on a particular section:
 * Remember to search the pocket part/paper supplement too.


 * __Lexis and Westlaw:__**
 * In Westlaw: Type in NY CONST Art. if you know the article number. To search, you can select NY Statutes Annotated, Unannotated or Index.
 * In Lexis: select __NY Consolidated Law Service, Constitution, Court Rules__to search.

__**Constitution Research in Action**

//Kaye v Silver//__: memorandum in opposition.

> o Civil Rights Law §§ 2-15 > o NYS Constitution, art. I, §§ 1-18
 * __Weird but Important__**
 * The __Bill of Rights__ is located in 2 different places:

A good law review article discussing the differences between the two is:

Emery, Robert, //New York’s Statutory Bill of Rights: A Constitutional Coelacanth//, 19 Touro Law Review 363 (2003)