Difference between revisions of "Wyoming Constitution"

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==Features==
 
==Features==
The constitution contains five types of provisions:
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The constitution contains five types of provisions:<ref name="wy"/>
  
* Provisions for the organization and operation of government;
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* Provisions for the organization and operation of government  
* A “declaration of rights”;
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* A “Declaration of Rights”
* The process for amending the document;
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* The process for amending the document
* Miscellaneous provisions;
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* Miscellaneous provisions
* The "schedule."
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* The "Schedule"
  
 
The Wyoming Constitution contains a preamble and 21 articles.
 
The Wyoming Constitution contains a preamble and 21 articles.
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==[[Article 1, Wyoming Constitution|Article 1: Declaration of rights]]==
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==[[Article 1, Wyoming Constitution|Article 1: Declaration of Rights]]==
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Article 1 of the Wyoming Constitution is entitled "Declaration of Rights" and consists of 37 sections. The Wyoming Declaration of Rights sets forth particular political and civil rights. In addition, Wyoming’s Declaration of Rights issues broader limitations on the role of government than the [[United States Constitution]]. An example is the first clause of Article I, Section 1: "All power is inherent in the people."<ref name="wy"/> On the other hand, several provisions in the Declaration of Rights deal with issues not addressed by the [[Bill of Rights, United States Constitution|United States Bill of Rights]]. One example is Section 31, which specifies how water is to be controlled.
  
The Declaration of Rights in the constitution is contained in 37 sections in Article 1. Wyoming’s Declaration issues broader limitations on the role of government than does the U.S. Constitution.  An example is the first clause of Article I, Section 1: "All power is inherent in the people."
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==[[Article 2, Wyoming Constitution|Article 2: Distribution of powers]]==
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Article 2 of the Wyoming Constitution is entitled "Distribution of Powers" and consists of one section. Articles 2 through 5 and 12 through 17 set up the structure of government, including the three distinct branches of legislative, executive and judicial departments.
  
The Wyoming Declaration of Rights sets forth particular political and civil rights. Section 23 states: "The right of the citizens to opportunities for education should have practical recognition. The legislature shall suitably encourage means and agencies calculated to advance the sciences and liberal arts." The Declaration establishes substantive guarantees such as prohibition of ''ex post facto'' laws.  
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==[[Article 3, Wyoming Constitution|Article 3: Legislative Department]]==
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Article 3 of the Wyoming Constitution is entitled "Legislative Department" and consists of 53 sections.
  
Several provisions in the Declaration of Rights deal with issues not addressed by the U. S. Bill of Rights. One example is Sec. 31, which specifies how water is to be controlled.
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==[[Article 4, Wyoming Constitution|Article 4: Executive Department]]==
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Article 4 of the Wyoming Constitution is entitled "Executive Department" and consists of 15 sections.  
  
==[[Article 2, Wyoming Constitution|Article 2: Distribution of powers]]==
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==[[Article 5, Wyoming Constitution|Article 5: Judicial Department]]==
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Article 5 of the Wyoming Constitution is entitled "Judicial Department" and consists of 29 sections.
  
Articles 2-5, 12-17 set up the structure of government, including the three distinct branches of legislative, executive and judicial departments.
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==[[Article 6, Wyoming Constitution|Article 6: Elections]]==
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Article 6 of the Wyoming Constitution consists of 22 sections.  
  
Article 2 has one section, which says:
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==[[Article 7, Wyoming Constitution|Article 7: Education]]==
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Article 7 of the Wyoming Constitution consists of 23 sections.
  
:'''Sec. 1.''' "Powers of government divided into three departments. The powers of the government of this state are divided into three distinct departments: The legislative, executive and judicial, and no person or collection of persons charged with the exercise of powers properly belonging to one of these departments shall exercise any powers properly belonging to either of the others, except as in this constitution expressly directed or permitted."
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==[[Article 8, Wyoming Constitution|Article 8]]
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Article 8 of the Wyoming Constitution consists of five sections.  
  
==[[Article 3, Wyoming Constitution|Article 3: Legislative department]]==
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==[[Article 9, Wyoming Constitution|Article 9]]==
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Article 9 of the Wyoming Constitution consists of six sections, two of which have been repealed.
  
Article III contains 53 sections.
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==[[Article 10, Wyoming Constitution|Article 10]]==
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Article 10 of the Wyoming Constitution consists of 19 sections.
  
===Section 52===
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==[[Article 11, Wyoming Constitution|Article 11: Boundaries]]==
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Article 11 of the Wyoming Constitution entitled "Boundaries'' and consists of only one section.
  
Section 52 lays out the [[laws governing the initiative process in Wyoming]].
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==[[Article 12, Wyoming Constitution|Article 12: Counties]]==
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Article 12 of the Wyoming Constitution entitled "Counties" and consists of five sections.
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==[[Article 13, Wyoming Constitution|Article 13]]==
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Article 13 of the Wyoming Constitution consists of five sections.
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==[[Article 14, Wyoming Constitution|Article 14]]==
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Article 14 of the Wyoming Constitution consists of six sections.
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==[[Article 15, Wyoming Constitution|Article 15]]==
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Article 15 of the Wyoming Constitution consists of 20 sections.
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==[[Article 16, Wyoming Constitution|Article 16]]==
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Article 16 of the Wyoming Constitution consists of 13 sections.
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 +
==[[Article 17, Wyoming Constitution|Article 17]]==
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Article 17 of the Wyoming Constitution consists of five sections.
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==[[Article 18, Wyoming Constitution|Article 18]]==
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Article 18 of the Wyoming Constitution consists of six sections.
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==[[Article 19, Wyoming Constitution|Article 19]]==
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Article 19 of the Wyoming Constitution consists of 11 sections.  
  
 
==[[Article 20, Wyoming Constitution|Article 20: Amendments]]==
 
==[[Article 20, Wyoming Constitution|Article 20: Amendments]]==
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* Section 4 says that any constitutional changes recommended by a duly-called [[constitutional convention]] don't go into effect unless and until they are approved in a statewide vote of the people.
 
* Section 4 says that any constitutional changes recommended by a duly-called [[constitutional convention]] don't go into effect unless and until they are approved in a statewide vote of the people.
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==[[Article 21, Wyoming Constitution|Article 21]]==
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Article 21 of the Wyoming Constitution consists of 28 sections.
  
 
==History==  
 
==History==  
It was approved in a statewide vote on November 5, 1889, by a vote of 6,272 to 1,923.  
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Democrats and Republicans alike in Wyoming Territory agreed by the late 1880s that it was time their Territory became a state. Statehood was attractive to the territory’s businessmen and politicians, as it offered them much more local control over land and water issues. However, Wyoming faced one large obstacle. The Territory's population had grown only slowly since established in 1869. [[Congress]] used a general rule of thumb, dating back before the [[United States Constitution]] to the Northwest Ordinance, that a territory had to show a population of 60,000 people to qualify for statehood. It was reported in December 1888 that Wyoming had only had 55,500 inhabitants.<ref>[http://www.wyohistory.org/essays/wyoming-becomes-state-constitutional-convention-and-statehood-debates-1889-and-1890-%E2%80%94-and-the ''Wyoming History.org'', "Wyoming Becomes a State: The Constitutional Convention and Statehood Debates of 1889 and 1890 — and Their Aftermath," accessed March 30, 2014]</ref>
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In 1888, the Territorial Assembly sent a petition for admission to the Union to the [[U.S. Congress]], where the move to admit Wyoming failed. However, Wyoming proceeded to elect delegates to a constitutional convention. Forty-nine of the 55 elected members assembled in [[Cheyenne, Wyoming]] in September 1889 to draft the constitution.
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The document was submitted to the voters at the November 1889 election and passed by a vote of 6,272 to 1,923. It came into effect in 1890 and is the only constitution Wyoming has ever had. It was first amended in 1910 and has been amended a total of 70 times.<ref>[http://www.legalgenealogist.com/blog/2012/06/26/state-constitutions-wyoming/ ''Legal Genealogist'', "State Constitutions: Wyoming," accessed March 30, 2014]</ref>
  
 
==See also==
 
==See also==
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{{submit a link}}
 
{{submit a link}}
 
* [https://legisweb.state.wy.us/statutes/constitution.aspx?file=titles/97Title97.htm ''Wyoming State Legislature'', "Wyoming Constitution"]
 
* [https://legisweb.state.wy.us/statutes/constitution.aspx?file=titles/97Title97.htm ''Wyoming State Legislature'', "Wyoming Constitution"]
 
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* [http://www.wyohistory.org/essays/wyoming-becomes-state-constitutional-convention-and-statehood-debates-1889-and-1890-%E2%80%94-and-the ''Wyoming History.org'', "Wyoming Becomes a State: The Constitutional Convention and Statehood Debates of 1889 and 1890 — and Their Aftermath"]
* [http://soswy.state.wy.us/Forms/Publications/09WYConstitution.pdf Downloadable PDF of the 2009 version of the Wyoming Constitution]
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* [http://www.history.com/this-day-in-history/wyoming-legislators-write-the-first-state-constitution-to-grant-women-the-vote ''History.com'', "September 30, 1889: Wyoming legislators write the first state constitution to grant women the vote"]
* [http://uwacadweb.uwyo.edu/RobertsHistory/wyoming_constitution_overview.htm The Wyoming Constitution: A Brief Overview]
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* [http://www.legalgenealogist.com/blog/2012/06/26/state-constitutions-wyoming/ ''Legal Genealogist'', "State Constitutions: Wyoming"]
* [http://www.harbornet.com/rights/wyoming.txt Text of Article I of the Constitution]
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==Additional reading==
 
==Additional reading==
*
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* [http://global.oup.com/academic/product/the-wyoming-state-constitution-9780199779048?cc=us&lang=en& Keiter, Robert B. and Tim Newcomb. (2011). ''The Wyoming State Constitution'', New York, New York: Oxford University Press]
  
 
==References==
 
==References==

Revision as of 09:33, 7 April 2014

Wyoming Constitution
Flag of Wyoming.png
Preamble
Articles
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The Wyoming Constitution is the basic governing document of the state of Wyoming. It was approved in a statewide vote on November 5, 1889, by a vote of 6,272 to 1,923.

Features

The constitution contains five types of provisions:[1]

  • Provisions for the organization and operation of government
  • A “Declaration of Rights”
  • The process for amending the document
  • Miscellaneous provisions
  • The "Schedule"

The Wyoming Constitution contains a preamble and 21 articles.

Preamble

See also: Preambles to state constitutions

The Preamble to the Wyoming Constitution states:

We, the people of the State of Wyoming, grateful to God for our civil, political and religious liberties, and desiring to secure them to ourselves and perpetuate them to our posterity, do ordain and establish this Constitution.[1]

Article 1: Declaration of Rights

Article 1 of the Wyoming Constitution is entitled "Declaration of Rights" and consists of 37 sections. The Wyoming Declaration of Rights sets forth particular political and civil rights. In addition, Wyoming’s Declaration of Rights issues broader limitations on the role of government than the United States Constitution. An example is the first clause of Article I, Section 1: "All power is inherent in the people."[1] On the other hand, several provisions in the Declaration of Rights deal with issues not addressed by the United States Bill of Rights. One example is Section 31, which specifies how water is to be controlled.

Article 2: Distribution of powers

Article 2 of the Wyoming Constitution is entitled "Distribution of Powers" and consists of one section. Articles 2 through 5 and 12 through 17 set up the structure of government, including the three distinct branches of legislative, executive and judicial departments.

Article 3: Legislative Department

Article 3 of the Wyoming Constitution is entitled "Legislative Department" and consists of 53 sections.

Article 4: Executive Department

Article 4 of the Wyoming Constitution is entitled "Executive Department" and consists of 15 sections.

Article 5: Judicial Department

Article 5 of the Wyoming Constitution is entitled "Judicial Department" and consists of 29 sections.

Article 6: Elections

Article 6 of the Wyoming Constitution consists of 22 sections.

Article 7: Education

Article 7 of the Wyoming Constitution consists of 23 sections.

==Article 8 Article 8 of the Wyoming Constitution consists of five sections.

Article 9

Article 9 of the Wyoming Constitution consists of six sections, two of which have been repealed.

Article 10

Article 10 of the Wyoming Constitution consists of 19 sections.

Article 11: Boundaries

Article 11 of the Wyoming Constitution entitled "Boundaries and consists of only one section.

Article 12: Counties

Article 12 of the Wyoming Constitution entitled "Counties" and consists of five sections.

Article 13

Article 13 of the Wyoming Constitution consists of five sections.

Article 14

Article 14 of the Wyoming Constitution consists of six sections.

Article 15

Article 15 of the Wyoming Constitution consists of 20 sections.

Article 16

Article 16 of the Wyoming Constitution consists of 13 sections.

Article 17

Article 17 of the Wyoming Constitution consists of five sections.

Article 18

Article 18 of the Wyoming Constitution consists of six sections.

Article 19

Article 19 of the Wyoming Constitution consists of 11 sections.

Article 20: Amendments

See Amending state constitutions

Article 20 of the Wyoming Constitution defines how changes can be made to the Constitution. There are four sections in the Article.

  • In either branch of the Wyoming State Legislature.
  • Regardless of where the amendment originated, two-thirds of all the members of each of the two houses, voting separately, have to agree to put it on the ballot for a vote of the state's electors.
  • Any proposed amendments that receive a 2/3rds vote of both chambers are to go on the ballot at the next general election.
  • The proposed amendment must be published for at least twelve (12) consecutive weeks, prior to a vote being held on it, "in at least one newspaper of general circulation."
  • To succeed, the amendment must be approved by a majority of the electors.
  • Section 2 says that if more than one amendment is proposed, they are to be voted on separately.
  • It can be called if a 2/3rds supermajority vote in both houses of the legislature agree to put a constitutional convention question on the state's next general election ballot.
  • A majority of those voting must approve the call for a convention.
  • If they do, the legislature is required in its next session to organize that convention.
  • Article 20 does not specify how many delegates that convention must have, except to say that the number of delegates must be "not less than double that of the most numerous branch of the legislature."
  • Section 4 says that any constitutional changes recommended by a duly-called constitutional convention don't go into effect unless and until they are approved in a statewide vote of the people.

Article 21

Article 21 of the Wyoming Constitution consists of 28 sections.

History

Democrats and Republicans alike in Wyoming Territory agreed by the late 1880s that it was time their Territory became a state. Statehood was attractive to the territory’s businessmen and politicians, as it offered them much more local control over land and water issues. However, Wyoming faced one large obstacle. The Territory's population had grown only slowly since established in 1869. Congress used a general rule of thumb, dating back before the United States Constitution to the Northwest Ordinance, that a territory had to show a population of 60,000 people to qualify for statehood. It was reported in December 1888 that Wyoming had only had 55,500 inhabitants.[2]

In 1888, the Territorial Assembly sent a petition for admission to the Union to the U.S. Congress, where the move to admit Wyoming failed. However, Wyoming proceeded to elect delegates to a constitutional convention. Forty-nine of the 55 elected members assembled in Cheyenne, Wyoming in September 1889 to draft the constitution.

The document was submitted to the voters at the November 1889 election and passed by a vote of 6,272 to 1,923. It came into effect in 1890 and is the only constitution Wyoming has ever had. It was first amended in 1910 and has been amended a total of 70 times.[3]

See also

StateConstitutions Ballotpedia.jpg

External links

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Suggest a link

Additional reading

References