Difference between revisions of "Vermont Constitution"

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{{VTConstitution}}{{tnr}}The '''Constitution of the State of Vermont''' is the fundamental body of law of the state of [[Vermont]]. It was adopted in 1793 following Vermont's admission to the Union in 1791 and is largely based upon the 1777 Constitution of the Vermont Republic which was ratified at Windsor in the Old Constitution House. This constitution was amended in 1786, and again in 1793 following Vermont's admission to the federal union in 1791.
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{{VTConstitution}}{{tnr}}The '''Constitution of the State of Vermont''' is the fundamental governing document of the state of [[Vermont]].  
  
Some scholars say that [[constitutional revision|revisions]] to the constitution in 1913 were of a sufficiently far-reaching nature that the contemporary Vermont Constitution should be called the "Constitution of 1913."<ref>[http://heinonline.org/HOL/LandingPage?collection=journals&handle=hein.journals/hjl5&div=23&id=&page= Charles Adrian, "Trends in State Constitutions," 5 Harv J on Legis. 311 (1967-1968)]</ref>
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==Features==
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The Vermont Constitution established a government and laws for the state.<ref>[https://vermonthistory.org/explorer/vermont-stories/becoming-a-state/the-vermont-constitution ''Vermont Historical Society'', "The Vermont Constitution," accessed March 30, 2014]</ref> It is divided into two chapters. The first is divided into articles, while the second is divided into sections:<ref name="vt">[http://vermont-archives.org/govhistory/constitut/constitutions.htm ''Vermont Archives.org'', "Constitution of Vermont," accessed March 30, 2014]</ref>
  
The first chapter is a "Declaration of Rights of the Inhabitants of the State of Vermont," was drafted in 1777, and is followed by a "Plan or Frame of Government" outlining the structure of governance with powers distributed between three co-equal branches: executive, legislative and judiciary.  
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* [[Chapter I, Vermont Constitution|Chapter I]] is entitled "A Declaration of Rights of the Inhabitants of the State of Vermont."  
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* [[Chapter II, Vermont Constitution|Chapter II]] is entitled "Plan or Frame of Government" and establishes the frame of government, detailing the three branches of government as well as elections, impeachments, militia and other general provisions.
  
Prior to 1791 Vermont was an independent state, known as the [[Wikipedia:Vermont Republic|Vermont Republic]], governed under the Constitution of the Vermont Republic. The Vermont Constitution was in 1777, and remains, among the most far reaching in guaranteeing personal freedoms and individual rights. It is the first constitution in the new world to prohibit slavery, guarantee universal manhood suffrage regardless of property ownership, and universal free education, a mandate for public funding of primary and secondary education available to all citizens.  
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==[[Chapter I, Vermont Constitution|Chapter I]]==
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Chapter I of the Vermont Constitution is entitled "A Declaration of the Rights of the Inhabitants of the State of Vermont". It is divided into 21 articles.  
  
The Vermont Republic's constitution's Declaration of Rights of the Inhabitants of the State of Vermont anticipates the United States Bill of Rights by a dozen years.  
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==[[Chapter II, Vermont Constitution|Chapter II]]==
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Chapter II of the Vermont Constitution is entitled "Plan or Frame of Government." It encompasses the remaining parts of the constitution.  
  
==Summary==
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===[[Delegation and Distribution of Powers, Vermont Constitution|Powers]]===
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"The Delegation and Distribution of Powers" part of the Vermont Constitution contains five sections.
  
The Vermont Constitution is divided into two chapters. The first is divided into articles, while the second is divided into sections.
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===[[Legislative Department, Vermont Constitution|Legislative]]===
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The "Legislative Department" part of the Vermont Constitution contains 14 sections.  
  
* [[Chapter I, Vermont Constitution|Chapter I]] is the declaration of Rights of the citizens of Vermont.
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===[[Executive Department, Vermont Constitution|Executive]]===
* [[Chapter II, Vermont Constitution|Chapter II]] establishes the frame of government, detailing the three branches of government as well as elections, impeachments, militia, and other general provisions.
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The "Executive Department" part of the Vermont Constitution contains eight sections.
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===[[Judiciary Department, Vermont Constitution|Judiciary Department]]===
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The "Judicial Department" part of the Vermont Constitution contains 14 sections.
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===[[Qualifications of Freemen and Freewomen, Vermont Constitution|Voter Qualifications]]===
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The "Qualifications of Freemen and Freewomen" part of the Vermont Constitution contains one section.
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===[[Elections; Officers; Terms of Office, Vermont Constitution|Elections]]===
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The "Elections; Officers; Terms of Office" part of the Vermont Constitution contains 13 sections.  
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===[[Oath of Allegiance; Oath of Office, Vermont Constitution|Oath]]===
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The "Oath of Allegiance; Oath of Office" section of the Vermont Constitution contains one section.
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===[[Impeachment, Vermont Constitution|Impeachment]]===
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The "Impeachment" part of the Vermont Constitution contains two sections.
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===[[Militia, Vermont Constitution|Militia]]===
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The "Militia" part of the Vermont Constitution consists of one section.
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===[[General Provisions, Vermont Constitution|Provisions]]===
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The "General Provisions" part of the Vermont Constitution contains twelve sections.
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===[[Amendment of the Constitution, Vermont Constitution|Amending]]===
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The "Amendment of the Constitution" part of the Vermont Constitution contains two sections.
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===[[Temporary Provisions, Vermont Constitution|Schedule]]===
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The "Temporary Provisions" part of the Vermont Constitution contains three sections.  
  
 
==Amending the constitution==
 
==Amending the constitution==
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* From 1777-1870, amendments could be proposed every seven years by the Council of Censors.  This was a 13-member group whose members were elected in statewide elections.
 
* From 1777-1870, amendments could be proposed every seven years by the Council of Censors.  This was a 13-member group whose members were elected in statewide elections.
 
* From 1870-1974, proposals originated as they do now in the state senate, but could only be made every ten years.  This ten-year limit was known as the "time-lock."
 
* From 1870-1974, proposals originated as they do now in the state senate, but could only be made every ten years.  This ten-year limit was known as the "time-lock."
* In 1974, the ten-year "time lock" was reduced to four years.<ref>[http://vermont-archives.org/govhistory/governance/Referendum/pdf/1969.pdf 1969 Vermont referred statute]</ref>
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* In 1974, the ten-year "time lock" was reduced to four years.<ref>[http://vermont-archives.org/govhistory/governance/Referendum/pdf/1969.pdf ''Vermont Archives.org'', "1969 Vermont referred statute," accessed March 30, 2014]</ref>
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==History==
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The Vermont Constitution was adopted in 1793 following Vermont's admission to the Union in 1791. It was largely based upon the  [http://vermont-archives.org/govhistory/constitut/con77.htm  1777 Constitution of the Vermont Republic], which was ratified at [[Windsor, Vermont|Windsor]] in the Old Constitution House. This constitution was amended in [http://vermont-archives.org/govhistory/constitut/con86.htm 1786] and again in [http://vermont-archives.org/govhistory/constitut/con93.htm 1793].
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Some scholars believe that [[constitutional revision|constitutional revisions]] to the constitution in 1913 were of a sufficiently far-reaching nature that the contemporary Vermont Constitution should be called the "Constitution of 1913."<ref>[http://heinonline.org/HOL/LandingPage?collection=journals&handle=hein.journals/hjl5&div=23&id=&page= Adrian, Charles, "Trends in State Constitutions," 5 Harv J on ''Legis'', pp. 311 (1967-1968)]</ref>
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Prior to 1791, Vermont was an independent state, known as the Vermont Republic and governed under the Constitution of the [http://vermont-archives.org/govhistory/constitut/con77.htm Vermont Republic]. The Vermont Constitution was in 1777 and remains among the most far reaching in guaranteeing personal freedoms and individual rights. It is the first constitution in the new world to prohibit slavery, guarantee universal manhood suffrage regardless of property ownership and universal free education, a mandate for public funding of primary and secondary education available to all citizens.
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==See also==
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[[File:StateConstitutions Ballotpedia.jpg|right|175px]]
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* [[State constitution]]
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* [[Constitutional article]]
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* [[Constitutional amendment]]
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* [[Constitutional revision]]
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* [[Constitutional convention]]
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* [[Amendment|Amendments]]
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** [[Initiated constitutional amendment]]
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** [[Legislatively-referred constitutional amendment]]
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** [[Publication requirements for proposed state constitutional amendments]]
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** [[Rules about constitutional conventions in state constitutions]]
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** [[State constitutional articles governing state legislatures]]
  
 
==External links==
 
==External links==
{{wikipedia}}
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{{submit a link}}
* [http://www.leg.state.vt.us/statutes/const2.htm Full text of the Constitution of Vermont]
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* [http://vermont-archives.org/govhistory/constitut/constitutions.htm ''Vermont Archives.org'', "Constitution of Vermont"]
* [http://vermont-archives.org/govhistory/constitut/con77.htm The Vermont State Archives text of the Vermont Republic Constitution, 1777]
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* [http://vermont-archives.org/govhistory/constitut/con77.htm ''Vermont Archives.org'', "Vermont Republic Constitution, 1777"]
* [http://vermont-archives.org/govhistory/constitut/con86.htm The Vermont State Archives text of the 1786 Constitution]
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* [http://vermont-archives.org/govhistory/constitut/con86.htm ''Vermont Archives.org'', "1786 Constitution"]
* [http://vermont-archives.org/govhistory/constitut/con93.htm The Vermont State Archives text of the 1793 Constitution]
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* [http://vermont-archives.org/govhistory/constitut/con93.htm ''Vermont Archives.org'', "1793 Constitution"]
* [http://www.dhca.state.vt.us/HistoricSites/html/constitution.html Visit the birthplace of Vermont and its Constitution]
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* [http://www.thearchivalimage.com/detail.php?printNo=111 See the original Constitution manuscript]
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==Additional reading==
* [http://books.google.com/books?hl=en&lr=&id=j2neF91PyB8C&oi=fnd&pg=PR11&dq=%22vermont+constitution%22&ots=ztDHbrEPHA&sig=12wnPu-MzkjrrGRQBFo4SvWE88w#v=onepage&q=&f=false The Vermont State Constitution: A Reference Guide], by William C. Hill, a retired Justice of the Vermont Supreme Court, published in 1992.
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* [http://www.amazon.com/Vermont-Constitution-Oxford-Commentaries-Constitutions/dp/0199779023 Hill, William C. (2011). ''The Vermont State Constitution'', New York, New York: Oxford University Press]
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* [http://books.google.com/books?hl=en&lr=&id=j2neF91PyB8C&oi=fnd&pg=PR11&dq=%22vermont+constitution%22&ots=ztDHbrEPHA&sig=12wnPu-MzkjrrGRQBFo4SvWE88w#v=onepage&q=&f=false Hill, William C. (1992). ''The Vermont State Constitution: A Reference Guide'', Westport, Connecticut: Greenwood Publishing]
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* [http://historicsites.vermont.gov/directory/old_constitution/books ''Vermont.gov'', "Old Constitution Books"]
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* [http://www.sec.state.vt.us/kids/publications.html ''Vermont SOS'', "Publications"]
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* [http://middarchive.middlebury.edu/cdm/search/collection/vtbookspamp ''Digital Collections at Middlebury College'', "Vermont Constitutions"]
  
 
==References==
 
==References==

Revision as of 04:38, 7 April 2014

Vermont Constitution
Seal of Vermont.png
Chapter I
Chapter II
Powers
Legislative
Executive
Judiciary
Voter Qualifications
Elections
Oath
Impeachment
Militia
Provisions
Amending
Schedule
The Constitution of the State of Vermont is the fundamental governing document of the state of Vermont.

Features

The Vermont Constitution established a government and laws for the state.[1] It is divided into two chapters. The first is divided into articles, while the second is divided into sections:[2]

  • Chapter I is entitled "A Declaration of Rights of the Inhabitants of the State of Vermont."
  • Chapter II is entitled "Plan or Frame of Government" and establishes the frame of government, detailing the three branches of government as well as elections, impeachments, militia and other general provisions.

Chapter I

Chapter I of the Vermont Constitution is entitled "A Declaration of the Rights of the Inhabitants of the State of Vermont". It is divided into 21 articles.

Chapter II

Chapter II of the Vermont Constitution is entitled "Plan or Frame of Government." It encompasses the remaining parts of the constitution.

Powers

"The Delegation and Distribution of Powers" part of the Vermont Constitution contains five sections.

Legislative

The "Legislative Department" part of the Vermont Constitution contains 14 sections.

Executive

The "Executive Department" part of the Vermont Constitution contains eight sections.

Judiciary Department

The "Judicial Department" part of the Vermont Constitution contains 14 sections.

Voter Qualifications

The "Qualifications of Freemen and Freewomen" part of the Vermont Constitution contains one section.

Elections

The "Elections; Officers; Terms of Office" part of the Vermont Constitution contains 13 sections.

Oath

The "Oath of Allegiance; Oath of Office" section of the Vermont Constitution contains one section.

Impeachment

The "Impeachment" part of the Vermont Constitution contains two sections.

Militia

The "Militia" part of the Vermont Constitution consists of one section.

Provisions

The "General Provisions" part of the Vermont Constitution contains twelve sections.

Amending

The "Amendment of the Constitution" part of the Vermont Constitution contains two sections.

Schedule

The "Temporary Provisions" part of the Vermont Constitution contains three sections.

Amending the constitution

See also: Amendment of the Constitution, Vermont Constitution, Amending state constitutions

Section 72 lays out the procedures which govern changes to the Virginia Constitution.

  • Proposed amendments must originate in the Vermont State Senate.
  • Amendments must earn a 2/3rds vote of the members of Vermont State Senate, but require only a majority vote of members of the Vermont House of Representatives.
  • Amendments, once adopted by the senate and house, must then be considered against at the next biennial session of the Vermont General Assembly.
  • The amendment must win a majority vote of both chambers when it is considered for this second time.
  • Such amendments then go on a ballot for a vote of the state's electors. If a proposed amendment wins a simple majority vote, it becomes part of the state's constitution.

The Vermont Constitution, like that of several other states, does not provide for constitutional conventions. Perhaps as a result, Vermont's current constitution was adopted in 1793. The Massachusetts Constitution is the only older constitution.

However, in 1969, the Vermont State Legislature referred an advisory measure to the ballot, asking ""Shall a Vermont Constitutional Convention be convened at the state house in Montpelier on October 6, 1969 to consider the following topics which shall receive a majority of the votes cast upon it in this election, and no others?" (The state's voters said "no" to this advisory question.)

Vermont has changed its amendment process three times:

  • From 1777-1870, amendments could be proposed every seven years by the Council of Censors. This was a 13-member group whose members were elected in statewide elections.
  • From 1870-1974, proposals originated as they do now in the state senate, but could only be made every ten years. This ten-year limit was known as the "time-lock."
  • In 1974, the ten-year "time lock" was reduced to four years.[3]

History

The Vermont Constitution was adopted in 1793 following Vermont's admission to the Union in 1791. It was largely based upon the 1777 Constitution of the Vermont Republic, which was ratified at Windsor in the Old Constitution House. This constitution was amended in 1786 and again in 1793.

Some scholars believe that constitutional revisions to the constitution in 1913 were of a sufficiently far-reaching nature that the contemporary Vermont Constitution should be called the "Constitution of 1913."[4]

Prior to 1791, Vermont was an independent state, known as the Vermont Republic and governed under the Constitution of the Vermont Republic. The Vermont Constitution was in 1777 and remains among the most far reaching in guaranteeing personal freedoms and individual rights. It is the first constitution in the new world to prohibit slavery, guarantee universal manhood suffrage regardless of property ownership and universal free education, a mandate for public funding of primary and secondary education available to all citizens.

See also

StateConstitutions Ballotpedia.jpg

External links

BP-Initials-UPDATED.png
Suggest a link

Additional reading

References