Isabella Carter
The Kansas Constitution has been amended 95 times since its adoption in 1859. The most recent amendment was approved on November 8, 2022, when voters approved Amendment 2. The Kansas Constitution can be amended in two ways: through a legislatively referred constitutional amendment or by a constitutional convention. This paragraph will explore the process of amending the Kansas Constitution and the impact of these amendments, such as the expansion of the right to bear arms and the establishment of women's suffrage.
| Characteristics | Values |
|---|---|
| Number of amendments to the Kansas Constitution | 95 |
| Date of last approved amendment | November 8, 2022 |
| Name of last approved amendment | Amendment 2 |
| Process of amending the Kansas Constitution | Legislatively referred constitutional amendment or by a constitutional convention |
| Proposal of amendments | Either house of the Kansas State Legislature |
| Approval of resolution | Two-thirds of members of each chamber |
| Submission of proposition | Next statewide ballot or special election ballot |
| Submission of proposed constitution, amendment, or revision | Available to delegates in final form at least three days prior to final passage |
| Assent of delegates | Majority of all delegates |
| Submission to electors | First general or special statewide election occurring not less than two months after final action |
| Approval of electors | Majority of qualified electors voting |
| Example of an amendment | HCR5020, which amends section 4 of the Kansas Bill of Rights to ensure the right to keep and bear arms |
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What You'll Learn
Kansas Constitution amended 95 times
The current Kansas Constitution, originally known as the "Wyandotte Constitution", has been amended 95 times since its adoption on October 4, 1859. The constitution outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
Kansas's constitution can only be amended via a legislatively referred constitutional amendment or by a constitutional convention. It cannot be amended through a citizen-initiated process. The Kansas Constitution has had one constitution from statehood, and in 1879 and 1891, the state legislature referred two constitutional convention questions to statewide ballots.
Article 14 of the Kansas Constitution, titled "Constitutional Amendment and Revision," lays out the two paths by which the constitution can be altered. Either house of the Kansas State Legislature can propose an amendment, which must be approved by two-thirds of the members of each chamber. If approved, the proposed amendment will be put to a vote in the next statewide ballot during which members of the state legislature are elected or on a special election ballot if the legislature agrees to hold one.
The other path is for the legislature to submit the question, "Shall there be a convention to amend or revise the constitution of the state of Kansas?" to the electors at the next election for representatives. If a majority of electors vote in favour, delegates to the convention will be elected at the next election for representatives, unless a special election is called for by the legislature. Any proposed amendments must be available to the delegates in their final form at least three days before the convention and must receive the assent of a majority of delegates. The proposed amendments are then submitted to the electors at the first general or special statewide election, taking effect if approved by a majority of qualified electors.
The most recent amendment to the Kansas Constitution was approved by voters on November 8, 2022, with the passing of Amendment 2. This amendment was proposed to complement the Second Amendment protections under New York State Rifle and Pistol Assn. v. Bruen, expanding the constitutional right to keep and bear arms in Kansas. The resolution explicitly protects ammunition, firearm accessories, and components, elevating the right to bear arms to a natural and fundamental right.
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Kansas Bill of Rights
The Kansas Bill of Rights is part of the Kansas Constitution, which establishes the state's boundaries and the rights of its citizens. The Kansas Constitution outlines the process for proposing and approving constitutional amendments, which can be initiated by the legislature or through a convention.
The Kansas Bill of Rights comprises several articles, including:
- Article One: Executive
- Article Two: Legislative
- Article Three: Judicial
- Article Four: Elections
- Article Five: Suffrage
- Article Six: Education
- Article Seven: Public Institutions and Welfare
- Article Eight: Militia
Amendments to the Kansas Constitution
Amendments to the Kansas Constitution are addressed in Article 14, which outlines the process for proposing and approving changes. Proposals for amendment may originate in either house of the legislature and require a two-thirds majority in each house to advance. The proposed amendment is then submitted to the electors, either at the next election for representatives or a special election called for that purpose.
For an amendment to be approved and become part of the constitution, it must receive a majority vote from the electors. This process ensures that any changes to the constitution reflect the will of the people of Kansas.
Recent Proposals
One recent proposal, HCR5020, aimed to amend Section 4 of the Kansas Bill of Rights. This amendment sought to expand the right to bear arms by including the possession and use of ammunition, firearm accessories, and components. It also emphasised that any restrictions on this right would be subject to strict scrutiny, the highest standard of judicial review.
Opposition
However, this amendment faced opposition from groups such as Kansas Interfaith Action and Moms Demand Action. They argued that it could allow convicted felons and domestic abusers access to firearms and undermine public safety laws.
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Kansas Constitution Article 14
The Kansas Constitution, originally known as the "Wyandotte Constitution", has been amended 95 times. Voters approved the latest amendment, Amendment 2, on November 8, 2022.
Article 14 of the Kansas Constitution is titled "Constitutional Amendment and Revision". It outlines the two paths through which the Kansas Constitution can be altered.
The first path is a 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.
The second path involves a constitutional convention. The legislature, by an affirmative vote of two-thirds of all members elected to each house, may submit the question, "Shall there be a convention to amend or revise the constitution of the state of Kansas?" to the electors at the next election for representatives. If a majority of electors vote in the affirmative, delegates to such a convention shall be elected at the next election for representatives.
No proposed constitution or amendment shall be submitted by the convention to the electors unless it has been available to the delegates in final form at least three days on which the convention is in session, prior to final passage, and receives the assent of a majority of all the delegates. Proposals of the convention shall be submitted to the electors at the first general or special statewide election occurring not less than two months after final action.
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Kansas constitutional convention
The Kansas Constitution can be amended in two ways: via a legislatively referred constitutional amendment or by a constitutional convention. The latter involves a two-step process. First, two-thirds of the members of each house of the state legislature must vote in favour of holding a convention to amend or revise the constitution. If this threshold is met, the question of holding a convention is then put to a vote in a statewide ballot. If a simple majority of voters approve, a convention is held. Any amendments or revisions that come out of the convention must then be put to a statewide vote.
In 1879 and 1891, the state legislature referred two constitutional convention questions to statewide ballots, but both were defeated. Since 1892, the state legislature has not met the vote requirements to place a constitutional convention question on the ballot, despite over 20 convention questions being proposed.
In 2023, four Kansas GOP lawmakers voted in favour of resolutions supporting Kansas' participation in a convention of states to consider amendments to the federal constitution. However, these resolutions did not receive the required two-thirds majority backing and were defeated. The legislators in question filed a lawsuit, arguing that only a simple majority was necessary for the resolutions to pass.
In addition to the above, there is also a process for amending the Kansas Bill of Rights, which is part of the Kansas Constitution. Propositions for amendment may be made by concurrent resolution originating in either house of the legislature. If two-thirds of the members of each house approve such a resolution, the proposition to amend the constitution shall be submitted to the electors at the next election for representatives or a special election called for that purpose. If a majority of electors vote in favour of the amendment, it becomes part of the constitution.
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Kansas women's suffrage
The women's suffrage movement in Kansas was led by several prominent figures, including Clarina Nichols, a recognised leader in the women's rights movement who moved to the Kansas Territory in 1854. Nichols played a crucial role at the constitutional convention on July 5, 1859, where she presented a petition calling for equal political and civil rights for Kansas women. Despite these early efforts, it wasn't until 1887 that Kansas women gained the right to vote in local elections.
In the April 1887 elections, Kansas women made history by capturing several local offices. They won all five seats on the Syracuse city council, and Susanna Madora Salter of Argonia became the first woman in the nation to be elected mayor. This success inspired other western states to hold similar referendums, and Kansas suffragists like Mamie Dillard and Carrie Langston worked across white and black communities to promote women's suffrage.
The Kansas Equal Suffrage Association, with members like Mary Alspaugh, Naomi (Bowman) Talbert Anderson, and Margaret (Johnston) Brandonburg, continued to lead the suffrage campaign into the 20th century. On November 5, 1912, Kansas voters approved the Equal Suffrage Amendment to the state constitution, becoming the eighth state to grant full suffrage to women.
Kansas women, now with equal suffrage through state action, continued to work for a national suffrage amendment. Finally, on August 8, 1920, the 19th Amendment to the U.S. Constitution was ratified, guaranteeing women's suffrage rights nationwide. Kansas played an essential role in this process, being one of the 36 original states to ratify the amendment.
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Frequently asked questions
The Kansas Constitution can be amended in two ways: a legislatively referred constitutional amendment or a constitutional convention. For the former, either house of the Kansas State Legislature can propose an amendment, which requires a two-thirds majority in each chamber to be approved and put on a statewide ballot. For the latter, a simple majority of voters must approve the question, "Shall there be a convention to amend or revise the constitution of the state of Kansas?" Any amendments from the convention must then be approved by a majority of voters.
The most recent amendment to the Kansas Constitution was on November 8, 2022, when voters approved Amendment 2.
Propositions for the amendment of the Kansas Constitution may be made by concurrent resolution originating in either house of the legislature. If two-thirds of the members of each house approve the resolution, the proposed amendment is published and submitted to the electors at the next election for representatives or a special election.
