Wyoming Constitution: Distinct Features From Us Constitution

The Wyoming Constitution, adopted on September 30, 1889, is the state constitution of Wyoming. At nearly 30,000 words, it is more than six times the length of the US Constitution. The Wyoming Constitution was drafted in just 25 days, with the US Constitution as its primary model. However, the two documents were conceived 100 years apart, and differ in notable ways. For instance, the Wyoming Constitution sets up an executive branch structure distinct from that of the US Constitution, with the governor and four other officers elected statewide. Another key difference is that Wyoming's Declaration of Rights, consisting of 39 sections, places broader limitations on the role of government than the US Constitution.

Explore related products

The Constitution of the United States and The Declaration of Independence

$1.99 $6.95

American Difference: A Guide to American Politics in Comparative Perspective

$47.4 $83

Unsung Heroes: Federal Execucrats Making a Difference (Not In A Series)

$169.34 $179.95

The Presidential Difference: Leadership Style from FDR to Barack Obama - Third Edition

$17.92 $41

Canada and the United States: Differences That Count, Fifth Edition

$40.86 $56

Differences That Matter: Social Policy and the Working Poor in the United States and Canada

$25.95 $28.95

Women's rights

Wyoming's Constitution, adopted in 1889, is the only state constitution the state has had in its history, though it has been amended many times. Notably, Wyoming was the first state in the nation's history to grant women the right to vote.

On December 10, 1869, Wyoming's territorial legislature passed a law granting women the right to vote, and Gov. John Campbell signed the bill into law. This made the territory the first government in the world to grant full voting rights to women.

Wyoming's Constitution includes Article 6: Suffrage, which is unique to the state. Article 6, Section 1, protects women's rights to vote and hold office, stating:

> The rights of Citizens of the State of Wyoming to vote and hold office, shall not be denied or abridged on account of sex. Both male and female Citizens of the State, shall equally enjoy all civil, political and religious rights and privileges.

The inclusion of women's suffrage in the Wyoming Constitution was not without controversy. Some delegates drawing up the new state constitution in 1889 feared that allowing women to vote would jeopardize Wyoming's chances of becoming a state. When Congress brought up the question in 1890, there was substantial opposition, especially in the U.S. House of Representatives. However, the measure ultimately passed, and President Benjamin Harrison signed the statehood bill on July 10, 1890, admitting Wyoming as the 44th state and the first to guarantee universal suffrage.

Wyoming continued to be a leader in women's rights, with women serving on juries beginning in 1870, the first female court bailiff in 1870, and the first female governor in the nation, Nellie Tayloe Ross, sworn into office in 1925. In 1923, the Equal Rights Amendment (ERA) to the United States Constitution was first introduced to Congress to ensure that the rights of women were equal to those of men across the nation. Wyoming became the 23rd state to ratify the ERA in 1973.

State vs federal power

The Wyoming Constitution is the fundamental document outlining the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. Notably, it is six times longer than the US Constitution, with nearly 30,000 words.

The US Constitution served as the primary model for the Wyoming Constitution when it was drafted in 1889. However, the two documents were created 100 years apart in very different times, resulting in significant differences. One key difference is that the Wyoming Constitution provides for broader limitations on the role of government than the US Constitution.

The Wyoming Constitution establishes an executive branch structure that differs from the national one. While the US Constitution provides for the election of the president and vice president as the only two executive officers, the Wyoming Constitution mandates the statewide election of the governor and four other officers: the secretary of state, treasurer, auditor, and superintendent of public instruction.

Another notable distinction is Wyoming's assertion of state ownership of water within its borders, allocating it to landowners for beneficial use. This provision, included in Article 8 of the Wyoming Constitution, reflects sentiments of equality and the belief that "all power is inherent in the people."

Furthermore, the Wyoming Constitution was the first state constitution to grant women the right to vote and hold office, a provision protected in Article VI, Section 1. This right was established in 1869 in Wyoming Territory, 30 years before women gained the right to vote nationwide.

Executive branch structure

The Wyoming Constitution, adopted in 1889, outlines a framework for governance, including the powers, structure, and limitations of the state government. Notably, it establishes an executive branch structure that differs from the national one in the US Constitution.

The executive power in Wyoming is vested in the governor, who serves a four-year term. Unlike the US Constitution, which provides for the election of the president and vice president as the only two executive officers at the national level, the Wyoming Constitution elects five executive officers statewide. These include the governor, secretary of state, treasurer, auditor, and superintendent of public instruction. Each of these five elected state administrators supervises an area of state government with a significant degree of autonomy.

The Wyoming Constitution also establishes the legislative and judicial branches of government, with the legislative power vested in a bicameral legislature consisting of a Senate and a House of Representatives. The Senate has 30 members serving four-year terms, while the House has 60 representatives elected every two years. The judicial branch includes the Supreme Court of Wyoming, which is the highest court in the state and the final arbiter of cases arising under state law.

The Wyoming Constitution can be amended through legislative or convention-referred constitutional amendments, all requiring voter approval. This allows for flexibility and responsiveness to the needs and preferences of Wyoming citizens.

In summary, the executive branch structure outlined in the Wyoming Constitution differs from the US Constitution by electing five executive officers statewide, rather than just the president and vice president. This diffusion of power among the five officers, including the governor, reduces the concentration of authority compared to most states.

Explore related products

Intra-City Differences in Federal Sentencing Practices: Federal District Judges in 30 Cities, 2005 - 2017 (Published January 2019)

$34.99 $18.99

Getting the Government America Deserves: How Ethics Reform Can Make a Difference

$73.49 $145

Gender Differences in Major Federal External Grant Programs (Technical Report)

$20

National Health Insurance in the United States and Canada: Race, Territory, and the Roots of Difference (American Governance and Public Policy series)

$64.34 $59.95

Informed Advocacy in Early Childhood Care and Education: Making a Difference for Young Children and Families

$78.8 $86.65

Demographic Differences in Federal Sentencing Practices: An Update of the Booker Report’s Multivariate Regression Analysis: March 2010.

$6.99 $14.99

Length

The Wyoming Constitution is the fundamental document outlining the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. It was written in 1889, 100 years after the US Constitution, and is significantly longer at nearly 30,000 words—more than six times the length of the US Constitution. The length of the Wyoming Constitution is due in part to its detailed provisions on various topics, including the rights of citizens, the structure of the state government, and the roles of different departments within the government.

The Wyoming Constitution consists of a preamble and 21 articles, each addressing specific aspects of the state's governance and policies. Article 1, for example, is the "Declaration of Rights," containing 39 sections that outline the political and civil rights of citizens. It goes beyond the US Constitution by including broader limitations on the role of government. Article 2, "Distribution of Powers," sets up the structure of the government, including the legislative, executive, and judicial branches. Article 3, "Legislative Department," has 53 sections detailing the legislative branch's powers and responsibilities.

Article 4 of the Wyoming Constitution, entitled "Executive Department," consists of 15 sections outlining the executive branch's roles and responsibilities. Notably, Article IV, Section 11 provides for the election of the governor and four other officers—the secretary of state, treasurer, auditor, and superintendent of public instruction—at the state level, differing from the US Constitution's provision for the election of only the president and vice-president nationwide. Article 5, "Judicial Department," consists of 29 sections, two of which have been repealed, detailing the judicial system.

Article 6, "Suffrage and Elections," is composed of 22 sections that outline the election process, including voting rights and procedures. Notably, Article VI, Section 1 protects women's rights to vote and hold office, a provision that caused controversy when Wyoming became a state in 1890 but was allowed to stand, granting women the right to vote 30 years before it was achieved nationwide. Article 7, "Education, State Institutions, Promotion of Health and Morals, Public Buildings," contains 23 sections addressing various aspects of public administration. Article 8, "Irrigation and Water Rights," consists of five sections, reflecting Wyoming's unique concerns and provisions regarding water ownership and management.

Water rights

The Wyoming Constitution stipulates that all water within natural streams, springs, lakes, or other collections of still water is the property of the state. The state engineer serves as the chief administrator of Wyoming's waters, and the state is divided into four water divisions for management purposes. Water division 1 includes the North and South Platte River drainages, as well as the Little Snake and Niobrara River drainages. Water division 2 encompasses areas north of the Niobrara and North Platte Rivers and east of the Big Horn Mountains. Water division 3 covers the Big Horn and Clark's Fork River drainages, while water division 4 includes the Green, Bear, and Snake River drainages.

Each water division is overseen by a superintendent, who works alongside water commissioners and hydrographer-commissioners. Together with the state engineer, they form the state board of control, which meets quarterly to make decisions on water rights, including adjudication, change in point of diversion, and other amendments or corrections. To obtain a water right in Wyoming, an entity must secure a permit from the state engineer, following certain procedures outlined in the state's water laws. These laws also define the preferred uses of both surface and groundwater, with water for steam engines, cooking, laundering, and other essential purposes listed as priorities.

Wyoming's water law also addresses interconnected water sources, stating that when underground waters in different aquifers or underground and surface waters are interconnected, a single schedule of priorities shall be established for the common water supply. Additionally, the law recognizes "by-product water," which is water generated as a by-product of non-water-related activities like oil and gas production or mining. Overall, Wyoming's water rights provisions in its constitution and subsequent laws reflect a unique approach to water management and allocation, differing from the US Constitution by explicitly addressing irrigation and water rights.

Frequently asked questions