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Kansas Constitution: Difference between revisions

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{{KSConstitution}}{{tnr}}The '''Kansas Constitution''' is the basic governing document of the state of [[Kansas]]. It outlines the shape and role of the Kansas state government.
{{KSConstitution}}{{tnr}}


==Features==
The '''Kansas Constitution''' is the [[state constitution]] of [[Kansas]].
The Kansas Constitution consists of 15 articles.<ref name="ks">[https://web.archive.org/web/2/http://www.kslib.info/constitution/index.html ''Kansas State Library'', "Kansas Constitution," accessed March 28, 2014]</ref>


It was ratified on October 4, 1859, with 10,421 votes in favor and 5,530 votes against.<ref name="green">[http://www.thegreenpapers.com/slg/KS.html ''The Green Papers'', "Kansas State Constitution," accessed March 28, 2014]</ref>
{{KSConstitutionHistory}}
{{StateConstitutionDefinition}}
 
==Background==
Kansas became the 34th state on January 29, 1861. The state has had one constitution from statehood. It was adopted by a vote of 10,421 to 5,530 on October 4, 1859. The Kansas Constitution was originally known as the "Wyandotte Constitution."<ref name=ksbook>Heller, F. (2011). ''The Kansas State Constitution''. New York, NY: Oxford University Press</ref>
 
In 1879 and 1891, the state legislature referred two constitutional convention questions to statewide ballots. Both were defeated. Since 1892, the state legislature has not met the vote requirements to place a constitutional convention question on the ballot although over 20 convention questions were proposed.<ref name=ksbook/>
 
Women's suffrage was not addressed in the original constitution even though it was proposed at the Wyandotte Convention. It was proposed in every succeeding state legislative session. In [[Kansas Women's Suffrage Amendment (1867)|1867]], it met the legislative vote requirement to be put on the ballot but was defeated by 68.65% of voters. The state legislature put it on the ballot again in [[Kansas Women's Suffrage Amendment (1894)|1894]], but it was defeated by 57.73% of voters. It was approved in [[Kansas Women's Suffrage Amendment (1912)|1912]] by a vote of 52.40% to 47.60%.<ref name=ksbook/>


==[[Preamble, Kansas Constitution|Preamble]]==
==[[Preamble, Kansas Constitution|Preamble]]==
: ''See also: [[Preambles to state constitutions]]''
: ''See also: [[Preamble, Kansas Constitution]] and [[Preambles to state constitutions]]''


The preamble to the Kansas Constitution states:
The preamble to the Kansas Constitution states:
Line 19: Line 26:


==[[Bill of Rights, Kansas Constitution|Bill of Rights]]==
==[[Bill of Rights, Kansas Constitution|Bill of Rights]]==
::''See also: [[Bill of Rights, Kansas Constitution]]''
The "Bill of Rights" of the Kansas Constitution comes between the Preamble and Article 1. It prescribes the rights of the citizens and sets up Kansas as a free state.<ref name="ks"/><ref>[http://kansas.watchdog.org/2009/10/04/sesquicentennial-of-adoption-of-kansas-constitution/ ''Kansas Watchdog'', "Sesquicentennial of Adoption of Kansas Constitution," accessed October 4, 2009]</ref>
The "Bill of Rights" of the Kansas Constitution comes between the Preamble and Article 1. It prescribes the rights of the citizens and sets up Kansas as a free state.<ref name="ks"/><ref>[http://kansas.watchdog.org/2009/10/04/sesquicentennial-of-adoption-of-kansas-constitution/ ''Kansas Watchdog'', "Sesquicentennial of Adoption of Kansas Constitution," accessed October 4, 2009]</ref>
[[Bill of Rights, Kansas Constitution | Click here]] to read the Bill of Rights of the Kansas Constitution.


==[[Article 1, Kansas Constitution|Article One: Executive]]==
==[[Article 1, Kansas Constitution|Article One: Executive]]==
Article 1 of the Kansas Constitution is labeled "Executive" and consists of 13 sections.  
::''See also: [[Article 1, Kansas Constitution]]''
 
Article 1 of the Kansas Constitution is labeled "Executive."  
 
[[Article 1, Kansas Constitution | Click here]] to read this article of the Kansas Constitution.


==[[Article 2, Kansas Constitution|Article Two: Legislative]]==
==[[Article 2, Kansas Constitution|Article Two: Legislative]]==
Article 2 of the Kansas Constitution is labeled "Legislative" and consists of 30 sections.
::''See also: [[Article 2, Kansas Constitution]]''
 
Article 2 of the Kansas Constitution is labeled "Legislative."
 
[[Article 2, Kansas Constitution | Click here]] to read this article of the Kansas Constitution.


==[[Article 3, Kansas Constitution|Article Three: Judicial]]==
==[[Article 3, Kansas Constitution|Article Three: Judicial]]==
Article 3 of the Kansas Constitution is labeled "Judicial" and consists of 16 sections.  
::''See also: [[Article 3, Kansas Constitution]]''
 
Article 3 of the Kansas Constitution is labeled "Judicial."  
 
[[Article 3, Kansas Constitution | Click here]] to read this article of the Kansas Constitution.


==[[Article 4, Kansas Constitution|Article Four: Elections]]==
==[[Article 4, Kansas Constitution|Article Four: Elections]]==
Article 4 of the Kansas Constitution is labeled "Elections" and consists of three sections.  
::''See also: [[Article 4, Kansas Constitution]]''
 
Article 4 of the Kansas Constitution is labeled "Elections."  
 
[[Article 4, Kansas Constitution | Click here]] to read this article of the Kansas Constitution.


==[[Article 5, Kansas Constitution|Article Five: Suffrage]]==
==[[Article 5, Kansas Constitution|Article Five: Suffrage]]==
Article 5 of the Kansas Constitution is labeled "Suffrage" and consists of seven sections.  
::''See also: [[Article 5, Kansas Constitution]]''
 
Article 5 of the Kansas Constitution is labeled "Suffrage."  
 
[[Article 5, Kansas Constitution | Click here]] to read this article of the Kansas Constitution.


==[[Article 6, Kansas Constitution|Article Six: Education]]==
==[[Article 6, Kansas Constitution|Article Six: Education]]==
Article 6 of the Kansas Constitution is labeled "Education" and consists of seven sections.  
::''See also: [[Article 6, Kansas Constitution]]''
 
Article 6 of the Kansas Constitution is labeled "Education."  
 
[[Article 6, Kansas Constitution | Click here]] to read this article of the Kansas Constitution.


==[[Article 7, Kansas Constitution|Article Seven: Public Institutions & Welfare]]==
==[[Article 7, Kansas Constitution|Article Seven: Public Institutions & Welfare]]==
Article 7 of the Kansas Constitution is labeled "Public Institutions and Welfare" and consists of four sections.  
::''See also: [[Article 7, Kansas Constitution]]''
 
Article 7 of the Kansas Constitution is labeled "Public Institutions and Welfare."  
 
[[Article 7, Kansas Constitution | Click here]] to read this article of the Kansas Constitution.


==[[Article 8, Kansas Constitution|Article Eight: Militia]]==
==[[Article 8, Kansas Constitution|Article Eight: Militia]]==
Article 8 of the Kansas Constitution is labeled "Militia." It has four sections.  
::''See also: [[Article 8, Kansas Constitution]]''
 
Article 8 of the Kansas Constitution is labeled "Militia."  
 
[[Article 8, Kansas Constitution | Click here]] to read this article of the Kansas Constitution.


==[[Article 9, Kansas Constitution|Article Nine: County & Township Organization]]==
==[[Article 9, Kansas Constitution|Article Nine: County & Township Organization]]==
Article 9 of the Kansas Constitution is labeled "County and Township Organization." It has three sections.  
::''See also: [[Article 9, Kansas Constitution]]''
 
Article 9 of the Kansas Constitution is labeled "County and Township Organization."  
 
[[Article 9, Kansas Constitution | Click here]] to read this article of the Kansas Constitution.


==[[Article 10, Kansas Constitution|Article Ten: Apportionment of the Legislature]]==
==[[Article 10, Kansas Constitution|Article Ten: Apportionment of the Legislature]]==
Article 10 of the Kansas Constitution is labeled "Apportionment of the Legislature." It only has one section.  
::''See also: [[Article 10, Kansas Constitution]]''
 
Article 10 of the Kansas Constitution is labeled "Apportionment of the Legislature."  
 
[[Article 10, Kansas Constitution | Click here]] to read this article of the Kansas Constitution.


==[[Article 11, Kansas Constitution|Article Eleven: Finance & Taxation]]==
==[[Article 11, Kansas Constitution|Article Eleven: Finance & Taxation]]==
Article 11 of the Kansas Constitution is labeled "Finance and Taxation." It has 13 sections.  
::''See also: [[Article 11, Kansas Constitution]]''
 
Article 11 of the Kansas Constitution is labeled "Finance and Taxation."  
 
[[Article 11, Kansas Constitution | Click here]] to read this article of the Kansas Constitution.


==[[Article 12, Kansas Constitution|Article Twelve: Corporations]]==
==[[Article 12, Kansas Constitution|Article Twelve: Corporations]]==
Article 12 of the Kansas Constitution is labeled "Corporations." It has 6 sections.  
::''See also: [[Article 12, Kansas Constitution]]''
 
Article 12 of the Kansas Constitution is labeled "Corporations."  
 
[[Article 12, Kansas Constitution | Click here]] to read this article of the Kansas Constitution.


==[[Article 13, Kansas Constitution|Article Thirteen: Banks]]==
==[[Article 13, Kansas Constitution|Article Thirteen: Banks]]==
Article 13 of the Kansas Constitution is labeled "Banks." It has two sections.
::''See also: [[Article 13, Kansas Constitution]]''


==[[Article 14, Kansas Constitution|Article Fourteen: Constitutional Amendment & Revision]]==
Article 13 of the Kansas Constitution is labeled "Banks."  
Article 14 of the Kansas Constitution is labeled "Constitutional Amendment and Revision." It has two sections that lay out the two paths by which the Kansas Constitution can be altered.


==[[Article 15, Kansas Constitution|Article Fifteen: Miscellaneous]]==
[[Article 13, Kansas Constitution | Click here]] to read this article of the Kansas Constitution.
Article 15 of the Kansas Constitution is labeled Miscellaneous. It has 17 sections.  


==Amending the constitution==
==[[Article 14, Kansas Constitution|Article Fourteen: Constitutional Amendment & Revision]]==
:: ''Main article: [[Amending state constitutions]]''
::''See also: [[Article 14, Kansas Constitution]]''


[[Article 14, Kansas Constitution|Article 14]] lays out two different routes that can be taken in order to change the constitution over time.
Article 14 of the Kansas Constitution is labeled "Constitutional Amendment and Revision." It has two sections that lay out the two paths by which the Kansas Constitution can be altered.  


One path is the {{lrcafull}}.  Either house of the [[Kansas State Legislature]] can propose an amendment to the state's constitution.  Two-thirds of the members of each chamber must approve the resolution.  If they do, the proposed amendment goes on either the next statewide ballot during which members of the state legislature are elected, or on a special election ballot if the legislature agrees to have a special election for this purpose.
[[Article 14, Kansas Constitution | Click here]] to read this article of the Kansas Constitution.
* If a simple majority of the electors of the state who vote on the proposition agree with it, it becomes part of the constitution.
* The legislature must say what the measure's [[ballot title]] will be in their resolution authorizing it.
* If there is more than one proposed amendment, voters must be able to vote on them separately.
* At most five amendments can be proposed for one election.
* An amendment is allowed to revise one entire article of the constitution, "except the article on general provisions.


Another path is through a [[constitutional convention]].  If two-thirds of the members of each house of the state legislature vote in favor, the question "Shall there be a convention to amend or revise the constitution of the state of Kansas?" or "Shall there be a convention limited to revision of article(s) ________ of the constitution of the state of Kansas?" shall be placed on a statewide ballot.  If a simple majority of those voting on that question say "yes," there shall be a convention.  Any amendments or revisions that come out of the convention must go before the state's voters.
==[[Article 15, Kansas Constitution|Article Fifteen: Miscellaneous]]==
::''See also: [[Article 15, Kansas Constitution]]


==History==
Article 15 of the Kansas Constitution is labeled "Miscellaneous."  
The Kansas Constitution was originally known as the "Wyandotte Constitution." It was the fourth constitution voted on by the people of the Kansas Territory as settlers and the federal government battled over whether or not the state would allow slavery. This final constitution established Kansas as a free state.<ref name="green"/>


The Wyandotte Constitution was approved in an October 4, 1859 [[referendum]] by a vote of 10,421 to 5,530. In April 1860, the [[United States House of Representatives]] voted to admit Kansas as a state under the Wyandotte Constitution despite resistance from the [[United States Senate]]. Then, on January 21, 1861, as slave states seceded from the Union and their senators left their seats, those left in the Senate passed the Kansas bill, admitting the state into the Union.<ref name="green"/>
[[Article 15, Kansas Constitution | Click here]] to read this article of the Kansas Constitution.


Although amended several times, the Wyandotte constitution stands as the current constitution of [[Kansas]].<ref name="green"/>
==Amending the constitution==
:: ''See also: [[Amending state constitutions]]''
{{KSConstitutionalAmendmentProcess}}


==See also==
==See also==
[[File:StateConstitutions Ballotpedia.jpg|right|175px]]
[[File:State Constitutions Ballotpedia.png|right|175px]]
* [[State constitution]]
* [[State constitution]]
* [[Constitutional article]]
* [[Constitutional article]]
Line 103: Line 157:
==External links==
==External links==
{{submit a link}}
{{submit a link}}
* [https://web.archive.org/web/2/http://www.kslib.info/constitution/index.html ''Kansas State Library'', "Kansas Constitution"]
* [https://www.kslib.info/constitution ''Kansas State Library'', "Kansas Constitution"]
* [http://www.kshs.org/research/collections/documents/online/wyandotteconstitution.htm ''Kansapedia: Kansas State Historical Society'', "Wyandotte Constitution"]
* [http://www.kshs.org/research/collections/documents/online/wyandotteconstitution.htm ''Kansapedia: Kansas State Historical Society'', "Wyandotte Constitution"]
* [http://www.kansasmemory.org/item/221061 ''Kansapedia: Kansas State Historical Society'', "Kansas Constitutions"]
* [http://www.kansasmemory.org/item/221061 ''Kansapedia: Kansas State Historical Society'', "Kansas Constitutions"]
==Additional reading==
* [http://books.google.com/books?id=Le1MAgAAQBAJ&dq=The+Kansas+State+Constitution+Francis+H.+Heller&source=gbs_navlinks_s Heller, Francis H. (2011) ''The Kansas State Constitution'', New York, New York: Oxford University Press]
* [http://books.google.com/books?id=AOhPy_uiSSoC&dq=annals+of+kansas&pg=PP1&ots=vjWFAJa0d4&sig=3IEyfSj0BdzhysI_u_KNODtDFk8&hl=en&prev=http://www.google.com/search?client=safari&rls=en-us&q=annals+of+kansas&ie=UTF-8&oe=UTF-8&sa=X&oi=print&ct=title&cad=one-book-with-thumbnail Wilder, D.W. (1875). ''The Annals of Kansas'']
* [http://www.kancoll.org/books/cutler/index.html Cutler, William G. (1883) ''History of the State of Kansas'', Chicago, Illinois: A. T. Andreas]  
* [http://www.kancoll.org/books/cutler/index.html Cutler, William G. (1883) ''History of the State of Kansas'', Chicago, Illinois: A. T. Andreas]  


==References==
==Footnotes==
{{reflist}}
{{reflist}}


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{{State constitutions}}
{{State constitutions}}
{{kansas}}
{{kansas}}
[[Category: Kansas Constitution]]
[[Category: Constitution articles by state]]

Latest revision as of 15:22, 26 December 2023

Kansas Constitution
Flag of Kansas.png
Articles
OrdinancePreambleBill of Rights
123456789101112131415


The Kansas Constitution is the state constitution of Kansas.

  • The current and first Kansas Constitution was adopted by voters on October 4, 1859.
  • The Kansas Constitution was originally known as the "Wyandotte Constitution."
  • The current state constitution has a Preamble, a Bill of Rights, and 15 articles.
  • The current Kansas Constitution has been amended 95 times.[1]
  • Voters last approved a new amendment to the Kansas Constitution on November 8, 2022, when voters approved Amendment 2.

Kansas does not feature a process for initiated constitutional amendments. The Kansas Constitution can only be amended via a legislatively referred constitutional amendment or by a constitutional convention.


A state constitution is the fundamental document that outlines a state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.

Background

Kansas became the 34th state on January 29, 1861. The state has had one constitution from statehood. It was adopted by a vote of 10,421 to 5,530 on October 4, 1859. The Kansas Constitution was originally known as the "Wyandotte Constitution."[2]

In 1879 and 1891, the state legislature referred two constitutional convention questions to statewide ballots. Both were defeated. Since 1892, the state legislature has not met the vote requirements to place a constitutional convention question on the ballot although over 20 convention questions were proposed.[2]

Women's suffrage was not addressed in the original constitution even though it was proposed at the Wyandotte Convention. It was proposed in every succeeding state legislative session. In 1867, it met the legislative vote requirement to be put on the ballot but was defeated by 68.65% of voters. The state legislature put it on the ballot again in 1894, but it was defeated by 57.73% of voters. It was approved in 1912 by a vote of 52.40% to 47.60%.[2]

Preamble

See also: Preamble, Kansas Constitution and Preambles to state constitutions

The preamble to the Kansas Constitution states:

We, the people of Kansas, grateful to Almighty God for our civil and religious privileges, in order to insure the full enjoyment of our rights as American citizens, do ordain and establish this constitution of the state of Kansas, with the following boundaries, to wit: Beginning at a point on the western boundary of the state of Missouri, where the thirty-seventh parallel of north latitude crosses the same; thence running west on said parallel to the twenty-fifth meridian of longitude west from Washington; thence north on said meridian to the fortieth parallel of north latitude; thence east on said parallel to the western boundary of the state of Missouri; thence south with the western boundary of said state to the place of beginning.[3]

Bill of Rights

See also: Bill of Rights, Kansas Constitution

The "Bill of Rights" of the Kansas Constitution comes between the Preamble and Article 1. It prescribes the rights of the citizens and sets up Kansas as a free state.[3][4]

Click here to read the Bill of Rights of the Kansas Constitution.

Article One: Executive

See also: Article 1, Kansas Constitution

Article 1 of the Kansas Constitution is labeled "Executive."

Click here to read this article of the Kansas Constitution.

Article Two: Legislative

See also: Article 2, Kansas Constitution

Article 2 of the Kansas Constitution is labeled "Legislative."

Click here to read this article of the Kansas Constitution.

Article Three: Judicial

See also: Article 3, Kansas Constitution

Article 3 of the Kansas Constitution is labeled "Judicial."

Click here to read this article of the Kansas Constitution.

Article Four: Elections

See also: Article 4, Kansas Constitution

Article 4 of the Kansas Constitution is labeled "Elections."

Click here to read this article of the Kansas Constitution.

Article Five: Suffrage

See also: Article 5, Kansas Constitution

Article 5 of the Kansas Constitution is labeled "Suffrage."

Click here to read this article of the Kansas Constitution.

Article Six: Education

See also: Article 6, Kansas Constitution

Article 6 of the Kansas Constitution is labeled "Education."

Click here to read this article of the Kansas Constitution.

Article Seven: Public Institutions & Welfare

See also: Article 7, Kansas Constitution

Article 7 of the Kansas Constitution is labeled "Public Institutions and Welfare."

Click here to read this article of the Kansas Constitution.

Article Eight: Militia

See also: Article 8, Kansas Constitution

Article 8 of the Kansas Constitution is labeled "Militia."

Click here to read this article of the Kansas Constitution.

Article Nine: County & Township Organization

See also: Article 9, Kansas Constitution

Article 9 of the Kansas Constitution is labeled "County and Township Organization."

Click here to read this article of the Kansas Constitution.

Article Ten: Apportionment of the Legislature

See also: Article 10, Kansas Constitution

Article 10 of the Kansas Constitution is labeled "Apportionment of the Legislature."

Click here to read this article of the Kansas Constitution.

Article Eleven: Finance & Taxation

See also: Article 11, Kansas Constitution

Article 11 of the Kansas Constitution is labeled "Finance and Taxation."

Click here to read this article of the Kansas Constitution.

Article Twelve: Corporations

See also: Article 12, Kansas Constitution

Article 12 of the Kansas Constitution is labeled "Corporations."

Click here to read this article of the Kansas Constitution.

Article Thirteen: Banks

See also: Article 13, Kansas Constitution

Article 13 of the Kansas Constitution is labeled "Banks."

Click here to read this article of the Kansas Constitution.

Article Fourteen: Constitutional Amendment & Revision

See also: Article 14, Kansas Constitution

Article 14 of the Kansas Constitution is labeled "Constitutional Amendment and Revision." It has two sections that lay out the two paths by which the Kansas Constitution can be altered.

Click here to read this article of the Kansas Constitution.

Article Fifteen: Miscellaneous

See also: Article 15, Kansas Constitution

Article 15 of the Kansas Constitution is labeled "Miscellaneous."

Click here to read this article of the Kansas Constitution.

Amending the constitution

See also: Amending state constitutions
Kansas Constitution
Flag of Kansas.png
Articles
OrdinancePreambleBill of Rights
123456789101112131415

Article 14 of the Kansas Constitution governs the ways in which the state's constitution can be changed over time.

  • One path is the legislatively referred constitutional amendment. Either house of the Kansas State Legislature can propose an amendment to the state's constitution. Two-thirds of the members of each chamber must approve the resolution. If they do, the proposed amendment goes on either the next statewide ballot during which members of the state legislature are elected or on a special election ballot if the legislature agrees to have a special election for this purpose.
  • If a simple majority of the electors of the state who vote on the proposition agree with it, it becomes part of the constitution.
  • The legislature must say what the measure's ballot title will be in their resolution authorizing it.
  • If there is more than one proposed amendment, voters must be able to vote on them separately.
  • At most, five amendments can be proposed for one election.
  • An amendment is allowed to revise one entire article of the constitution "except the article on general provisions."
  • Another path to amend the state constitution is through a constitutional convention. If two-thirds of the members of each house of the state legislature vote in favor, the question "Shall there be a convention to amend or revise the constitution of the state of Kansas?" or "Shall there be a convention limited to revision of article(s) ________ of the constitution of the state of Kansas?" shall be placed on a statewide ballot.
  • If a simple majority of those voting on that question say "yes," a convention is held.
  • Any amendments or revisions that come out of the convention must go before the state's voters.

Kansas does not feature the power of citizen initiative for either initiated constitutional amendments or initiated state statutes.


See also

State Constitutions Ballotpedia.png

External links

Footnotes

  1. According to Heller (2011), the Constitution of 1861 had been amended 86 times through 1989. Since 1990, voters have approved nine additional constitutional amendments.
  2. 2.0 2.1 2.2 Heller, F. (2011). The Kansas State Constitution. New York, NY: Oxford University Press
  3. 3.0 3.1 Cite error: Invalid <ref> tag; no text was provided for refs named ks
  4. Kansas Watchdog, "Sesquicentennial of Adoption of Kansas Constitution," accessed October 4, 2009