Creating Vermont's Constitution: A Historical Perspective

how did vt create the constitution of vt

The Constitution of Vermont, the fundamental body of law of the U.S. state of Vermont, was adopted in 1793, two years after Vermont's admission to the Union in 1791. It was largely based on the 1777 Constitution of the Vermont Republic, drafted in Windsor, which was amended in 1786 to establish a greater separation of powers. The 1777 Constitution's Declaration of Rights of the Inhabitants of the State of Vermont anticipated the United States Bill of Rights by 12 years and banned adult slavery. It also provided for the election of the governor by the freemen of the state, who could vote regardless of property ownership.

Characteristics Values
Year of adoption 1793
Basis 1777 Constitution of the Vermont Republic
Length 8,295 words
Chapters 2
Amendments 53
Last amendment November 8, 2022
Slavery Banned
Right to bear arms Guaranteed
Standing armies Forbidden
Military power Subordinate to civil power
Martial law Restricted
Suspension of laws Only by the Legislature
Revenue bills Originate in the House of Representatives
Unicameral legislature Yes
Separation of powers Yes
Election eligibility All freemen, regardless of property ownership

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The 1777 Constitution of the Vermont Republic

The constitution's first chapter, a "Declaration of Rights of the Inhabitants of the State of Vermont", was followed by a “Plan or Frame of Government" outlining the structure of governance. The governor, for example, would be elected by the freemen of the state, who could vote regardless of whether they owned property. It also provided for a unicameral legislature, inspired by Pennsylvania's Constitution, and established a Council of Censors to preserve democratic processes and suggest changes to the government.

The 1777 Constitution also included provisions for the legislative process, stipulating that all revenue bills must originate in the House of Representatives, with the Senate able to propose or concur in amendments. It mandated public legislative sessions and forbade the passage of any bill into law in the same year it was proposed, requiring its printing for the public's information. It also established the powers of the House of Representatives, including the power to choose their Speaker, Secretary of State, their Clerk, and other officers, as well as the power to prepare and enact bills, redress grievances, grant charters of incorporation, and constitute towns, boroughs, cities, and counties.

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The 1786 amendments

The 1786 Constitution continued in effect when, in 1791, Vermont transitioned from independence to becoming one of the states of the Union. The governor, the members of the governor's council, and other officers of the state, including judges in all courts, continued their terms of office.

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The 1793 Constitution

Vermont's struggle for independence from Great Britain, New York, and New Hampshire shaped its republican ideology. Republicanism became the law of the land, as seen in the actions of figures like Ethan Allen, the Green Mountain Boys, and Thomas Chittenden. Vermont's government put governing power in the hands of the General Assembly, which was directly accountable to the people. It granted people power over the courts' economic influence and established a Council of Censors to suggest changes to the government and preserve the Constitution. Vermont became the first place in the Atlantic world to abolish slavery and establish voting rights regardless of land ownership.

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The Council of Censors

The Council also had the power to call a convention, if required, to amend the constitution. This power was based on a similar element of the Pennsylvania Constitution of 1776. The Council's first meeting was in 1785, and the constitution was amended in 1786 with language proposed by the Council and adopted by the 1786 Constitutional Convention. The section on the Council of Censors remained largely unchanged, with only an added clarification of scope.

In 1793, the constitution was again amended with language proposed by the 1792 Council of Censors and adopted by the 1793 convention. The Council was given the "power to send for persons, papers, and records". The Council of Censors met for the last time in 1869, and the constitution was amended with their proposed language in 1870. Following this, the Council of Censors was abolished and replaced by a new procedure to amend the constitution.

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The shortest U.S. state constitution

The Constitution of the State of Vermont is the shortest U.S. state constitution. It is the fundamental governing document of the state of Vermont, describing and framing its government. It was adopted in 1793, two years after Vermont's admission to the Union, and continues to be in effect with various later amendments. At 8,295 words, it is significantly shorter than the average state constitution, which is about 39,000 words long.

The Vermont Constitution was largely based on the 1777 Constitution of the Vermont Republic, drafted in Windsor in the Old Constitution House and amended in 1786. The 1777 Constitution was one of the most far-reaching in guaranteeing personal freedoms and individual rights, including banning adult slavery and providing for the right to bear arms. It also established a unicameral legislature, inspired by Pennsylvania's Constitution, and outlined the structure of governance, providing for the election of the governor by the freemen of the state and representation of each town in the legislative assembly.

The 1786 amendments to the Constitution established a greater separation of powers, forbidding anyone from simultaneously holding more than one of certain offices, including those of judges, legislators, and members of the governor's council. It also provided that the legislature could no longer function as a court of appeals. The 1793 amendments eliminated all mention of grievances against King George III and the State of New York, reflecting Vermont's transition to becoming a state in the Union.

The Vermont Constitution, like other state constitutions, outlines the structure of the state government, establishes a bill of rights, and provides a general governmental framework. State constitutions are much longer than the U.S. Constitution, which has 4,543 words, because they address a wide array of issues and are more detailed regarding the day-to-day relationships between the government and the people.

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