Constitution of Kentucky

Last updated

The Constitution of the Commonwealth of Kentucky is the document that governs the Commonwealth of Kentucky. It was first adopted in 1792 and has since been rewritten three times and amended many more. The later versions were adopted in 1799, 1850, and 1891.

Contents

The 1792 Constitution

The first constitutional convention of Kentucky was called by Colonel Benjamin Logan on December 27, 1784, in Danville, the seat of Lincoln County, Virginia. Over the next eight years, ten constitutional conventions were called, each making some progress toward a viable constitution. The state's first constitution was accepted by the United States Congress on June 1, 1792, making Kentucky the fifteenth state. [1]

The 1792 Constitution had several similarities to the United States Constitution in that it provided for three branches of government – legislative, executive, and judicial – and a bicameral legislature called the General Assembly. The document contained a bill of rights, and called for an electoral college to elect senators and the state's governor. (Representatives were chosen by popular election.) [2]

Some relatively new ideas were included in the 1792 Constitution. One was the stipulation that the General Assembly vote by ballot instead of voice. There was also a requirement that representation to the General Assembly be based on population, not geography. [1]

The 1792 Constitution was seen as an experiment, and it called for a re-evaluation of the document at the end of the century. [2]

The 1799 Constitution

A second constitutional convention was called for by the voters of Kentucky in 1799. The 1799 Constitution abolished the electoral college, allowing senators, representatives, the governor, and the newly created office of lieutenant governor to be directly elected. In addition to appointing judges, the governor was given the power to appoint a number of local offices including sheriffs, coroners, and justices of the peace. [1] While expanding the governor's power, the 1799 Constitution also placed term limits on the governor, stipulating that a governor could not succeed himself in office for a period of seven years. Membership in both houses of the General Assembly was also limited. [1]

In some ways, the 1799 Constitution was a regression. The progressive idea of voting by ballot in the General Assembly was removed. Neither of the first two Kentucky constitutions provided a method of amendment, and the 1799 Constitution made it even more difficult to call a constitutional convention. [1]

The 1799 Constitution was regressive for blacks as well. It retained the pro-slavery provisions of the original constitution untouched, but went a step further by disenfranchising free blacks, mixed-race persons and Indians. [2]

The 1850 Constitution

By 1828, some in the General Assembly began calling for a new constitutional convention. However, because the 1799 Constitution made the calling of a convention such an arduous task, it took more than twenty years to call the convention, which finally convened in Frankfort on October 1, 1849.

One major item of dissatisfaction with the 1799 Constitution was the appointment of so many officials by the governor. This was addressed in the 1850 Constitution by making all state officials, even judges, popularly elected and imposing term limits on these offices. [2]

While the Kentucky Constitution had always provided for protection of slave property, pro-slavery forces sought and received even greater protections in the 1850 Constitution. Among the new provisions were a requirement that slaves and their offspring remain in the state, and that ministers of religion – thought to be largely anti-slavery – were prohibited from holding the office of governor or seats in the General Assembly.

The bulk of the reforms in the 1850 Constitution, however, were reserved for the General Assembly, whose spending had spiraled out of control. Membership in the Senate was fixed at 38; in the House the number was fixed at 100. Sessions of the General Assembly were limited to sixty days biennially, requiring a two-thirds majority to extend them. [1]

The 1850 Constitution also created a sinking fund for the liquidation of the state's debt, which had climbed to $4.5 million. To prevent the debt from climbing too high in the future, the 1850 Constitution mandated a maximum of $500,000 of indebtedness for the state. [2] At the time, this represented about a year's worth of revenue for the state, but this provision remains in the current Kentucky Constitution, even though receipts in the 2001-02 fiscal year were approximately $6.5 billion. [1]

Another dated provision of the 1850 Constitution that survives in the present Constitution is the ineligibility for public office of anyone who had participated in a duel since the ratification of the 1850 Constitution. While the relevance of this prohibition may be disputed now, it could potentially have derailed Governor William Goebel's eligibility for public office in the 1890s. [3]

The 1891 Constitution

Ratification of the Thirteenth, Fourteenth, and Fifteenth Amendments to the U.S. Constitution following the Civil War provided the impetus for another constitutional convention, since much of the existing constitution provided protection for slave property and was now at odds with the Federal Constitution. However, this required a majority of the voters in the previous two elections to vote in favor of a convention, a measure that failed every two years from 1873 to 1885, finally receiving the necessary majority in 1888 and 1889 after the General Assembly called for a registration of all eligible voters in 1887. The convention began September 8, 1890. [1]

For the first time, ratification of the constitution required a referendum of the citizens. [1] At the same time, the 1891 Constitution did little to ameliorate the difficult process of calling a constitutional convention. This resulted in failed calls for subsequent constitutional conventions in 1931, 1947, 1960, and 1977. The 1891 Convention did, for the first time, provide a means of amending itself that has been used by the General Assembly to keep a century-old document somewhat current. [2]

Judicial decisions have also helped to adapt the current constitution to modern times. For example, the 1891 Constitution limited state officials' salaries to $5,000. A 1949 Amendment raised this number to $12,000, but difficulty of keeping the number up-to-date quickly became apparent. The 1962 Kentucky Supreme Court case Matthews v. Allen addressed this problem by opining that the only way to keep circuit judge's salaries adequate, as required by Section 133 of the constitution, was to allow the General Assembly to adjust the $12,000 figure in Section 246 to account for the value of a dollar in 1949. [2]

Despite some provisions that some claim are antiquated, the 1891 Constitution (as amended) remains the constitution that governs the Commonwealth today.

Notable amendments

1992

Several amendments to the Kentucky Constitution were enacted in 1992. One important amendment lifted the restriction that the Governor could not succeed himself or herself in office. Per the 1992 amendment, the incumbent can seek one additional term before becoming ineligible for four years. The amendment was drafted so that it did not apply to the then-current holder of the office (Brereton Jones), which meant that the first Governor to which the amendment applied was elected in 1995 (Paul Patton).

The 1992 amendments to Kentucky's Constitution significantly changed the office of Lieutenant Governor. Previously, the Lieutenant Governor became acting Governor whenever the Governor was out of state. Since the amendments took effect, the Lieutenant Governor only takes over gubernatorial powers when the Governor is incapacitated.

The amendments also removed the Lieutenant Governor's duties in the Senate — previously, the Lieutenant Governor had cast the tie breaking vote in the Senate.

Finally, the amendments allow candidates for Governor and Lieutenant Governor to run on a single ticket. Prior to the amendments, the two offices were sometimes inhabited by members of different parties.

See also Lieutenant Governor of Kentucky

1996

In 1996, Sections 180 and 187 of Kentucky's Constitution were amended to remove language that allowed local governments to levy a poll tax on each person residing within the county or the city, and to remove language requiring that separate schools for "white" and "colored" children be maintained. [4]

2004

In 2004, Kentucky became the fourth state to send a constitutional amendment banning same-sex unions to the state's voters. [5] On Election Day of that year, Kentucky joined 10 other states in passing such an amendment, [6] with voters passing it by a 3-to-1 margin. [7] The text of the amendment reads:

Only a marriage between one man and one woman shall be valid or recognized as a marriage in Kentucky. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized. [8]

This provision became void in 2015 when the U.S. Supreme Court ruled in Obergefell v. Hodges that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.

Related Research Articles

<span class="mw-page-title-main">Constitution of Vermont</span> Federated state constitution from 1793 in Vermont, USA

The Constitution of the State of Vermont is the fundamental body of law of the U.S. state of Vermont, describing and framing its government. 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 drafted at Windsor in the Old Constitution House and amended in 1786. At 8,295 words, it is the shortest U.S. state constitution.

<span class="mw-page-title-main">Governor of Kentucky</span> Head of state and of government of the U.S. commonwealth of Kentucky

The governor of the Commonwealth of Kentucky is the head of government in Kentucky. Sixty-two men and one woman have served as governor of Kentucky. The governor's term is four years in length; since 1992, incumbents have been able to seek re-election once before becoming ineligible for four years. Throughout the state's history, four men have served two non-consecutive terms as governor, and four others have served two consecutive terms, the most recent being current governor Andy Beshear, who was re-elected to a second term on November 7, 2023. Kentucky is one of only five U.S. states that hold gubernatorial elections in odd-numbered years.

<span class="mw-page-title-main">Corwin Amendment</span> Proposed US constitutional amendment to protect slavery from federal power

The Corwin Amendment is a proposed amendment to the United States Constitution that has never been adopted, but owing to the absence of a ratification deadline, could still be adopted by the state legislatures. It would shield slavery within the states from the federal constitutional amendment process and from abolition or interference by Congress. Although the Corwin Amendment does not explicitly use the word slavery, it was designed specifically to protect slavery from federal power. The outgoing 36th United States Congress proposed the Corwin Amendment on March 2, 1861, shortly before the outbreak of the American Civil War, with the intent of preventing that war and preserving the Union. It passed Congress but was not ratified by the requisite number of state legislatures.

<span class="mw-page-title-main">Tennessee General Assembly</span> Legislative branch of the state government of Tennessee

The Tennessee General Assembly (TNGA) is the state legislature of the U.S. state of Tennessee. It is a part-time bicameral legislature consisting of a Senate and a House of Representatives. The Speaker of the Senate carries the additional title and office of Lieutenant Governor of Tennessee. In addition to passing a budget for state government plus other legislation, the General Assembly appoints three state officers specified by the state constitution. It is also the initiating body in any process to amend the state's constitution.

The current Constitution of the State of Maryland, which was ratified by the people of the state on September 18, 1867, forms the basic law for the U.S. state of Maryland. It replaced the short-lived Maryland Constitution of 1864 and is the fourth constitution under which the state has been governed. It was last amended in 2022.

<span class="mw-page-title-main">Constitution of Virginia</span> Principles, institutions, and law of political governance in the U.S. state of Virginia

The Constitution of the Commonwealth of Virginia is the document that defines and limits the powers of the state government and the basic rights of the citizens of the Commonwealth of Virginia. Like all other state constitutions, it is supreme over Virginia's laws and acts of government, though it may be superseded by the United States Constitution and U.S. federal law as per the Supremacy Clause.

<span class="mw-page-title-main">Lieutenant Governor of Kentucky</span> Elected US official

The lieutenant governor of Kentucky was created under the state's second constitution, which was ratified in 1799. The inaugural officeholder was Alexander Scott Bullitt, who took office in 1800 following his election to serve under James Garrard in 1799. The lieutenant governor becomes governor of Kentucky under circumstances similar to those under which the vice president of the United States assumes the presidency. The current lieutenant governor is Democrat Jacqueline Coleman, who has been office since December 10, 2019.

The Constitution of Arkansas is the primary organizing law for the U.S. state of Arkansas delineating the duties, powers, structures, and functions of the state government. Arkansas' original constitution was adopted at a constitutional convention held at Little Rock in advance of the territory's admission to the Union in 1836. In 1861 a constitution was adopted with succession. After the American Civil War its 1864 constitution was drafted.An 1868 constitution was passed to comply with the Reconstruction acts. The current constitution was ratified in 1874 following the Brooks–Baxter War.

The Constitution of the State of North Carolina governs the structure and function of the state government of North Carolina, one of the United States; it is the highest legal document for the state and subjugates North Carolina law.

The Constitution of the State of South Carolina is the governing document of the U.S. state of South Carolina. It describes the structure and function of the state's government. The current constitution took effect on December 4, 1895. South Carolina has had six other constitutions, which were adopted in 1669, 1776, 1778, 1790, 1865 and 1868.

<span class="mw-page-title-main">James Garrard</span> American politician (1749–1822)

James Garrard was an American farmer, Baptist minister and politician who served as the second governor of Kentucky from 1796 to 1804. Because of term limits imposed by the state constitution adopted in 1799, he was the last Kentucky governor elected to two consecutive terms until the restriction was eased by a 1992 amendment, allowing Paul E. Patton's re-election in 1999.

The Constitution of the State of New Hampshire is the fundamental law of the State of New Hampshire, with which all statute laws must comply. The constitution became effective June 2, 1784, when it replaced the state's constitution of 1776.

<span class="mw-page-title-main">Virginia Conventions</span> Assemblies to establish constitutional law for Virginia

The Virginia Conventions have been the assemblies of delegates elected for the purpose of establishing constitutions of fundamental law for the Commonwealth of Virginia superior to General Assembly legislation. Their constitutions and subsequent amendments span four centuries across the territory of modern-day Virginia, West Virginia and Kentucky.

<span class="mw-page-title-main">Constitution of Illinois</span>

The Constitution of the State of Illinois is the governing document of the state of Illinois. There have been four Illinois Constitutions; the fourth and current version was adopted in 1970. The current constitution is referred to as the "Constitution of Illinois of 1970" or less formally as the "1970 Constitution." The document is still referred to as the "Constitution of Illinois of 1970" even though there have been amendments to it after 1970. Important features of the 1970 Constitution include the creation of home rule powers for larger municipalities and other units of local government.

<span class="mw-page-title-main">Archibald Dixon</span> American politician

Archibald Dixon was a U.S. Senator from Kentucky. He represented the Whig Party in both houses of the Kentucky General Assembly, and was elected the 13th Lieutenant Governor of Kentucky in 1844, serving under Governor William Owsley. In 1851, the Whigs nominated him for governor, but he lost to Lazarus W. Powell, his former law partner.

The Constitution of the State of Wisconsin is the governing document of the U.S. State of Wisconsin. It establishes the structure and function of state government, describes the state boundaries, and declares the rights of state citizens. The Wisconsin Constitution was written at a constitutional convention held in Madison, Wisconsin, in December 1847 and approved by the citizens of Wisconsin Territory in a referendum held in March 1848. Wisconsin was admitted to the United States on May 29, 1848. Although it has been amended over a hundred times, the original constitution ratified in 1848 is still in use. This makes the Wisconsin Constitution the oldest U.S. state constitution outside of New England. Only Massachusetts, New Hampshire, Vermont, Maine, and Rhode Island use older constitutions.

<span class="mw-page-title-main">Constitution of Indiana</span> State Constitution

The Constitution of Indiana is the highest body of state law in the U.S. state of Indiana. It establishes the structure and function of the state and is based on the principles of federalism and Jacksonian democracy. Indiana's constitution is subordinate only to the U.S. Constitution and federal law. Prior to the enactment of Indiana's first state constitution and achievement of statehood in 1816, the Indiana Territory was governed by territorial law. The state's first constitution was created in 1816, after the U.S. Congress had agreed to grant statehood to the former Indiana Territory. The present-day document, which went into effect on November 1, 1851, is the state's second constitution. It supersedes Indiana's 1816 constitution and has had numerous amendments since its initial adoption.

<span class="mw-page-title-main">Secretary of State of Kentucky</span> Constitutional officer of the U.S. state of Kentucky

The secretary of state of Kentucky is one of the constitutional officers of the U.S. state of Kentucky. It is now an elected office, but was an appointed office prior to 1891. The current secretary of state is Republican Michael Adams, who was elected on November 5, 2019; he took office on January 6, 2020.

<span class="mw-page-title-main">Constitution of Missouri</span>

The Missouri Constitution is the state constitution of the U.S. State of Missouri. It is the supreme law formulating the law and government of Missouri, subject only to the federal Constitution, and the people. The fourth and current Missouri Constitution was adopted in 1945. It provides for three branches of government: legislative, executive, and judicial. It also sets up local governments in the form of counties and cities.

<span class="mw-page-title-main">California Constitutional Conventions</span> Two 19th-century state conventions in the United States

The California Constitutional Conventions were two separate constitutional conventions that took place in California during the nineteenth century which led to the creation of the modern Constitution of California. The first, known as the 1849 Constitutional Convention of Monterey, held in September and October 1849 in advance of California attaining U.S. statehood the following year, adopted the state's original constitution. This document maintains jurisdiction along with the current constitution which was ratified on May 7, 1879, following the 1879 Constitutional Convention of Sacramento. Article 3 Section 2 of the current Constitution references the original boundaries as stated in the 1849 Constitution at Article 12. The result of Progressive mistrust of elected officials, this later constitution took a full year to finalize and has been described as "the perfect example of what a constitution ought not to be". Multiple calls for a third state constitutional convention have been raised during the past quarter-century, but none has thus far gained widespread political momentum.

References

  1. 1 2 3 4 5 6 7 8 9 "Constitutional Background". Kentucky Government: Informational Bulletin No. 137 (Revised). Frankfort, Kentucky: Kentucky Legislative Research Commission. February 2003.
  2. 1 2 3 4 5 6 7 Kleber, John E., ed. (1992). "Constitutions". The Kentucky Encyclopedia. Associate editors: Thomas D. Clark, Lowell H. Harrison, and James C. Klotter. Lexington, Kentucky: The University Press of Kentucky. ISBN   978-0-8131-1772-0.
  3. ↑ McQueen, Keven (2001). "William Goebel: Assassinated Governor". Offbeat Kentuckians: Legends to Lunatics. Ill. by Kyle McQueen. Kuttawa, Kentucky: McClanahan Publishing House. ISBN   978-0-913383-80-3.
  4. ↑ Information Bulletin #59. http://www.lrc.ky.gov/lrcpubs/ib59.pdf Archived 2016-03-03 at the Wayback Machine
  5. ↑ Foust, Michael (2004-04-14). "Reversal: Ky. lawmakers send marriage amendment to voters". Baptist Press. Archived from the original on 2007-09-30. Retrieved 2007-03-08.
  6. ↑ Peterson, Kavan (2004-11-03). "50-state rundown on gay marriage laws". StateLine.org. Retrieved 2007-03-08.
  7. ↑ "Election 2004 - Ballot Measures". CNN.com. Retrieved 2007-03-08.
  8. ↑ "Kentucky Constitution: Section 233A". Legislative Research Commission. Archived from the original on 2007-03-09. Retrieved 2007-03-08.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.