New York Constitution Article III - Legislature
New York Constitution – Article III: The Legislature
Article III establishes the structure, powers, and responsibilities of New York State’s legislative branch, which is responsible for making laws.
Overview of Article III – Legislature:
This article sets out how the New York State Legislature is organized, the terms of its members, the legislative process, and rules governing sessions and officers.
Key Sections & Provisions:
Section 1 – Bicameral Legislature
The Legislature consists of two houses:
The Senate
The Assembly
Members of both houses are elected by the people.
Section 2 – Number and Election of Members
Specifies the number of Senators and Assembly members.
Establishes the terms of office:
Senators serve two-year terms.
Assembly members serve two-year terms.
Members are elected from districts apportioned by population.
Section 3 – Qualification of Members
Sets qualifications for legislators:
Must be a citizen of the United States.
Must have been a resident of New York for at least five years.
Must be a resident of the district from which they are elected for at least one year prior to election.
Must be at least 18 years old.
Section 4 – Sessions
Legislature must meet at least once a year.
The Governor can call special sessions.
Specifies the time and place of meetings.
Section 5 – Powers and Procedures
The Legislature has all legislative powers granted by the Constitution.
It makes laws on all matters concerning the state.
Establishes rules for the passage of bills, including the requirement for bills to be read on three separate days.
Provides for public access to legislative sessions and records.
Section 6 – Officers and Organization
The Senate elects a Temporary President and other officers.
The Assembly elects a Speaker and other officers.
Each house determines its own rules and discipline.
Section 7 – Compensation and Privileges
Members receive compensation fixed by law.
They enjoy immunity from arrest during sessions except for certain serious crimes.
Freedom of speech and debate in the Legislature is protected.
Section 8 – Vacancies
Procedure for filling vacancies in either house by special election.
Section 9 – Legislative Districting
The Legislature is responsible for apportionment and districting after each federal census.
Districts must be as equal in population as practicable.
✅ Significance of Article III:
Establishes a bicameral legislature for checks and balances.
Ensures representation based on population.
Protects legislators’ independence and freedom to legislate.
Requires transparency and public participation in the legislative process.
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