New York Legislature
Encyclopedia
The New York State Legislature is the term often used to refer to the two houses that act as the state legislature of the U.S. state
of New York
. The New York Constitution does not designate an official term for the two houses together. It says only that "legislative power is vested in the senate
and assembly
." The legislature is seated at the New York State Capitol
in Albany
.
In order to be a member of either house, one must be a citizen of the United States
, a resident of the state of New York for at least five years, and a resident of the district for at least one year prior to election.
The Assembly consists of 150 members, each chosen from a single-member district. The Senate, in accordance with the New York Constitution, varies in its number of members, but currently has 62. Senate districts are currently between two and three times more populous than Assembly districts.
. The Lieutenant Governor, as President of the Senate, has only a tie-breaking "casting vote
". More often, the Senate is presided over by the Temporary President or by a senator of the Majority Leader's choosing.
The Assembly Speaker and Senate Majority Leader control the assignment of committees and leadership positions, along with control of the agenda in their chambers. The two are considered powerful statewide leaders and along with the Governor of New York
control most of the agenda of state business in New York.
, Republicans gained two seats in the Senate to regain control after two years in the minority. Republicans also gained nine seats in the Assembly, fracturing the veto-proof supermajority. To begin the 2009 session (elected November 2008), Democrats had a 32-30 seat majority in the State Senate and, in the Assembly, Democrats have a 109-41 seat supermajority. However, the Republicans were able to regain control of the Senate during a leadership coup, in which two Democratic Senators voted with the GOP to install a Republican majority leader. The Democratic Senators regained control of Senate leadership on July 8, 2009.
Until 2009, the State Senate had been in Republican hands for decades. Among the top reasons for this include the more conservative upstate
region holding more clout in the State Senate, as well as Long Island
, where voters are increasingly trending toward the Democrats on the state and local levels continue to re-elect their incumbent state senators (some of whom have served for many years, such as 30+ year veteran, and most of whom have raised considerable amounts of money to deter challengers).
During the 21st century Republicans in the State Senate have lost ground, particularly in Westchester County and New York City
, though they still hold a few senate seats representing parts of Queens
, Brooklyn
, and Staten Island
(which leans Republican at most levels of government). Economic troubles and population loss in upstate New York are also a factor, as Democratic-leaning areas of that region have become more important in recent elections. In the past, Democrats would occasionally switch parties when they ran for Senate so they could sit with the majority.
The Assembly has been dominated by Democrats for about 30 years. Between 2002 and 2005, the Republican conference dropped from 53 seats to 45. Republicans even lost some districts that historically have been reliably Republican, especially on Long Island. The Republican conference was increased by nine seats beginning with the 2011 session.
power to veto a bill. However, the veto may be overridden by the Legislature if there is a two-thirds majority in favor of overriding in each House. Furthermore, it has the power to propose New York Constitution amendments by a majority vote, and then another majority vote following an election. If so proposed, the amendment becomes valid if agreed to by the voters at a referendum
.
, assembled by Rebels when the Provincial Legislature would not send delegates to the Continental Congress
.
The legislature's history of corruption includes the so-called Black Horse Cavalry
.
In the 1840s, New York launched the first great wave of civil procedure
reform in the United States by enacting the Field Code. The Code inspired similar reforms in 23 other states, and gave birth to the term "code pleading" for the system of civil procedure it created. However, many later attempts at further civil procedure reform and modernization were unsuccessful. Today, New York is widely considered to have one of the most archaic and inefficient systems of civil procedure in the United States.
The first African-American elected to the legislature was Edward A. Johnson
, a Republican, in 1917. The first women elected to the legislature were Republican Ida Sammis
and Democrat Mary Lilly
, both in 1919. The first African-American woman elected to legislature was Bessie A. Buchanan
in 1955.
Five assemblymen were expelled in 1920 for belonging to the Socialist Party
.
In a 2008 U.S. Supreme Court
decision involving the constitutionality of a law enacted by the New York Legislature, Justice John Paul Stevens
wrote in his concurring opinion
: "[A]s I recall my esteemed former colleague, Thurgood Marshall
, remarking on numerous occasions: 'The Constitution does not prohibit legislatures from enacting stupid laws.'"
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
. The New York Constitution does not designate an official term for the two houses together. It says only that "legislative power is vested in the senate
New York State Senate
The New York State Senate is one of two houses in the New York State Legislature and has members each elected to two-year terms. There are no limits on the number of terms one may serve...
and assembly
New York State Assembly
The New York State Assembly is the lower house of the New York State Legislature. The Assembly is composed of 150 members representing an equal number of districts, with each district having an average population of 128,652...
." The legislature is seated at the New York State Capitol
New York State Capitol
The New York State Capitol is the capitol building of the U.S. state of New York. Housing the New York State Legislature, it is located in the state capital city Albany, on State Street in Capitol Park. The building, completed in 1899 at a cost of $25 million , was the most expensive government...
in Albany
Albany, New York
Albany is the capital city of the U.S. state of New York, the seat of Albany County, and the central city of New York's Capital District. Roughly north of New York City, Albany sits on the west bank of the Hudson River, about south of its confluence with the Mohawk River...
.
Legislative Houses
Legislative elections are held in November of every even-numbered year. Both Assembly members and Senators serve two-year terms.In order to be a member of either house, one must be a citizen of the United States
Citizenship in the United States
Citizenship in the United States is a status given to individuals that entails specific rights, duties, privileges, and benefits between the United States and the individual...
, a resident of the state of New York for at least five years, and a resident of the district for at least one year prior to election.
The Assembly consists of 150 members, each chosen from a single-member district. The Senate, in accordance with the New York Constitution, varies in its number of members, but currently has 62. Senate districts are currently between two and three times more populous than Assembly districts.
Leaders
The Assembly is headed by the Speaker, while the Senate is headed by the President, a post held ex officio by the State Lieutenant GovernorLieutenant Governor of New York
The Lieutenant Governor of New York is a constitutional office in the executive branch of the government of New York State. It is the second highest ranking official in state government. The lieutenant governor is elected on a ticket with the governor for a four year term...
. The Lieutenant Governor, as President of the Senate, has only a tie-breaking "casting vote
Casting vote
A casting vote is a vote given to the presiding officer of a council or legislative body to resolve a deadlock and which can be exercised only when such a deadlock exists...
". More often, the Senate is presided over by the Temporary President or by a senator of the Majority Leader's choosing.
The Assembly Speaker and Senate Majority Leader control the assignment of committees and leadership positions, along with control of the agenda in their chambers. The two are considered powerful statewide leaders and along with the Governor of New York
Governor of New York
The Governor of the State of New York is the chief executive of the State of New York. The governor is the head of the executive branch of New York's state government and the commander-in-chief of the state's military and naval forces. The officeholder is afforded the courtesy title of His/Her...
control most of the agenda of state business in New York.
Party control
The New York State Legislature currently have split party control with a Democratic majority in the Assembly and a small Republican majority in the Senate. Following the 2010 electionsNew York state elections, 2010
The 2010 New York state elections took place on November 2, 2010. These included elections for both Senate seats and a gubernatorial election....
, Republicans gained two seats in the Senate to regain control after two years in the minority. Republicans also gained nine seats in the Assembly, fracturing the veto-proof supermajority. To begin the 2009 session (elected November 2008), Democrats had a 32-30 seat majority in the State Senate and, in the Assembly, Democrats have a 109-41 seat supermajority. However, the Republicans were able to regain control of the Senate during a leadership coup, in which two Democratic Senators voted with the GOP to install a Republican majority leader. The Democratic Senators regained control of Senate leadership on July 8, 2009.
Until 2009, the State Senate had been in Republican hands for decades. Among the top reasons for this include the more conservative upstate
Upstate New York
Upstate New York is the region of the U.S. state of New York that is located north of the core of the New York metropolitan area.-Definition:There is no clear or official boundary between Upstate New York and Downstate New York...
region holding more clout in the State Senate, as well as Long Island
Long Island
Long Island is an island located in the southeast part of the U.S. state of New York, just east of Manhattan. Stretching northeast into the Atlantic Ocean, Long Island contains four counties, two of which are boroughs of New York City , and two of which are mainly suburban...
, where voters are increasingly trending toward the Democrats on the state and local levels continue to re-elect their incumbent state senators (some of whom have served for many years, such as 30+ year veteran, and most of whom have raised considerable amounts of money to deter challengers).
During the 21st century Republicans in the State Senate have lost ground, particularly in Westchester County and New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
, though they still hold a few senate seats representing parts of Queens
Queens
Queens is the easternmost of the five boroughs of New York City. The largest borough in area and the second-largest in population, it is coextensive with Queens County, an administrative division of New York state, in the United States....
, Brooklyn
Brooklyn
Brooklyn is the most populous of New York City's five boroughs, with nearly 2.6 million residents, and the second-largest in area. Since 1896, Brooklyn has had the same boundaries as Kings County, which is now the most populous county in New York State and the second-most densely populated...
, and Staten Island
Staten Island
Staten Island is a borough of New York City, New York, United States, located in the southwest part of the city. Staten Island is separated from New Jersey by the Arthur Kill and the Kill Van Kull, and from the rest of New York by New York Bay...
(which leans Republican at most levels of government). Economic troubles and population loss in upstate New York are also a factor, as Democratic-leaning areas of that region have become more important in recent elections. In the past, Democrats would occasionally switch parties when they ran for Senate so they could sit with the majority.
The Assembly has been dominated by Democrats for about 30 years. Between 2002 and 2005, the Republican conference dropped from 53 seats to 45. Republicans even lost some districts that historically have been reliably Republican, especially on Long Island. The Republican conference was increased by nine seats beginning with the 2011 session.
Constitutional powers
The Legislature is empowered to make law, subject to the governor'sGovernor of New York
The Governor of the State of New York is the chief executive of the State of New York. The governor is the head of the executive branch of New York's state government and the commander-in-chief of the state's military and naval forces. The officeholder is afforded the courtesy title of His/Her...
power to veto a bill. However, the veto may be overridden by the Legislature if there is a two-thirds majority in favor of overriding in each House. Furthermore, it has the power to propose New York Constitution amendments by a majority vote, and then another majority vote following an election. If so proposed, the amendment becomes valid if agreed to by the voters at a referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
.
History
The Legislature originated in the revolutionary New York Provincial CongressNew York Provincial Congress
The New York Provincial Congress was an organization formed by rebels in 1775, during the American Revolution, as a pro-rebellion alternative to the more conservative Province of New York Assembly, and as a replacement for the Committee of One Hundred.A Provincial Convention assembled in New York...
, assembled by Rebels when the Provincial Legislature would not send delegates to the Continental Congress
Continental Congress
The Continental Congress was a convention of delegates called together from the Thirteen Colonies that became the governing body of the United States during the American Revolution....
.
The legislature's history of corruption includes the so-called Black Horse Cavalry
Black Horse Cavalry
The Black Horse Cavalry was a bipartisan group of corruptionists in the New York state legislature which during the last quarter of the 19th century preyed particularly on corporations...
.
In the 1840s, New York launched the first great wave of civil procedure
Civil procedure in the United States
Civil procedure in the United States consists of the rules of civil procedure that govern procedure in the federal courts, the 50 state court systems, and in the territorial courts. Like much of American law, civil procedure is not reserved to the federal government in the Constitution...
reform in the United States by enacting the Field Code. The Code inspired similar reforms in 23 other states, and gave birth to the term "code pleading" for the system of civil procedure it created. However, many later attempts at further civil procedure reform and modernization were unsuccessful. Today, New York is widely considered to have one of the most archaic and inefficient systems of civil procedure in the United States.
The first African-American elected to the legislature was Edward A. Johnson
Edward A. Johnson
Edward Austin Johnson was an attorney who became the first African-American member of the New York state legislature when he was elected to the New York State Assembly in 1917.-Biography:Johnson was born in slavery in Wake County, North Carolina...
, a Republican, in 1917. The first women elected to the legislature were Republican Ida Sammis
Ida Sammis
Ida Sammis Woodruff Satchwell was a prominent early female Republican party suffragist and politician from Suffolk County, New York...
and Democrat Mary Lilly
Mary Lilly
Mary Lilly was a Progressive era activist who had a prominent role in New York City's social reform movements during the last decades of the 19th Century and early decades of the 20th Century...
, both in 1919. The first African-American woman elected to legislature was Bessie A. Buchanan
Bessie A. Buchanan
Bessie Allison Buchanan of Manhattan in New York City became the first African-American woman to hold a seat in the New York State Legislature when she was elected to the New York State Assembly in 1954....
in 1955.
Five assemblymen were expelled in 1920 for belonging to the Socialist Party
Socialist Party USA
The Socialist Party USA is a multi-tendency democratic-socialist party in the United States. The party states that it is the rightful continuation and successor to the tradition of the Socialist Party of America, which had lasted from 1901 to 1972.The party is officially committed to left-wing...
.
In a 2008 U.S. Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
decision involving the constitutionality of a law enacted by the New York Legislature, Justice John Paul Stevens
John Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...
wrote in his concurring opinion
Concurring opinion
In law, a concurring opinion is a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different reasons as the basis for his or her decision...
: "[A]s I recall my esteemed former colleague, Thurgood Marshall
Thurgood Marshall
Thurgood Marshall was an Associate Justice of the United States Supreme Court, serving from October 1967 until October 1991...
, remarking on numerous occasions: 'The Constitution does not prohibit legislatures from enacting stupid laws.'"
New York State Senate
- Temporary President of the Senate: Dean SkelosDean SkelosDean G. Skelos is an American politician and the Republican Temporary President and Majority Leader of the New York State Senate. Skelos represents District 9 in the State Senate, which comprises the southwest region of Nassau County. He is the second Long Islander to hold the position of Majority...
- Majority Leader: Dean SkelosDean SkelosDean G. Skelos is an American politician and the Republican Temporary President and Majority Leader of the New York State Senate. Skelos represents District 9 in the State Senate, which comprises the southwest region of Nassau County. He is the second Long Islander to hold the position of Majority...
- Minority Leader: John SampsonJohn L. SampsonJohn L. Sampson represents District 19 in the New York State Senate, which comprises Crown Heights, East Flatbush, as well as portions of Brownsville, Canarsie and Spring Creek Towers....
New York State Assembly
- Speaker of the Assembly: Sheldon SilverSheldon SilverSheldon "Shelly" Silver is an American lawyer and Democratic politician from New York. He has held the office of Speaker of the New York State Assembly since 1994.- Personal life :...
- Majority Leader of the Assembly: Ronald CanestrariRonald CanestrariRonald J. "Ron" Canestrari is an American politician and a Democratic member of the New York State Assembly representing Assembly District 106, which includes parts of Albany, Rensselaer and Saratoga counties, sections of the cities of Albany and Troy, and all of the cities of Cohoes and...
- Minority Leader of the Assembly: Brian KolbBrian KolbBrian M. Kolb is the New York State assemblyman from the 129th District, and is the minority leader of the Assembly. He was unanimously chosen as minority leader in April 2009, following the resignation of Jim Tedisco....