Eleanor Finch
The Colorado Constitution, written and ratified in 1876, is one of the longest in the United States. It is the state's original and only constitution and establishes the basic framework of the state's government. The constitution was first proposed in 1864, inspired by the Wyandotte Constitution of the State of Kansas, but was rejected by Colorado voters. The Colorado Constitution has been amended several times, including the addition of an equality of the sexes provision in 1972 and the Taxpayer Bill of Rights in 1992, which limits annual tax increases.
| Characteristics | Values |
|---|---|
| Date written and ratified | 1876 |
| Length compared to other US state constitutions | One of the longest |
| Number of amendments | At least 71 |
| Number of articles | At least 22 |
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What You'll Learn
The Colorado Constitution is one of the longest in the US
The Colorado Constitution, written and ratified in 1876, is one of the longest in the United States. It is the state's original and only constitution. The document establishes the basic framework of the state's government, outlining the powers, structure, and limitations of the state government, as well as individual and civil rights.
The Colorado Constitution consists of several articles, each addressing different aspects of the state's governance. Article I, titled "Boundaries," establishes the boundaries of the state. Article II, The Bill of Rights, contains provisions related to equality guarantees and sexual orientation. Notably, Colorado voters added an "equality of the sexes" provision to Article II in 1972, reinforcing the state's commitment to political rights and social equity for women. Article III, "Distribution of Powers," declares that the state government shall be divided into three distinct divisions: the legislative, executive, and judicial branches. Article VI, "Judicial Department," frames the court system and other sections of the judicial department.
The Colorado Constitution also includes provisions for direct democracy. The people of Colorado have reserved powers such as voting for the Governor, state legislators, and judges. They have also reserved the initiative of laws and the referendum of laws enacted by the legislature. Additionally, Colorado citizens can initiate constitutional amendments through citizen initiatives, legislatively referred constitutional amendments, or constitutional conventions.
The Colorado Constitution has evolved over time to reflect the changing needs and values of the state. For example, in 1992, voters approved Amendment 43, creating Article X, Section 20, known as the Taxpayer Bill of Rights (TABOR). This provision limits annual tax increases, requiring explicit voter approval for any tax increase beyond set amounts. However, Amendment 43 was later repealed by Colorado voters in November 2024.
The length and complexity of the Colorado Constitution reflect the state's dynamic and evolving governance, with the document serving as a foundation for the state's legal and political framework.
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It was written and ratified in 1876
Colorado's Constitution was indeed written and ratified in 1876, the same year that Colorado became a state. This was a significant year for the state, as it marked its admission to the Union and the establishment of its foundational governing document. The process of drafting and adopting the Constitution was undertaken by the state's first constitutional convention, which was convened in the lead-up to statehood.
The convention, comprising delegates elected by the people of Colorado, assembled in the territorial capital of Denver on December 20, 1875. Over the course of several weeks, these delegates engaged in vigorous debate and deliberation to craft a constitution that reflected the values, aspirations, and unique characteristics of the state and its citizens. The work of the convention culminated in the finalization and adoption of the document on March 14, 1876.
However, the process of achieving statehood and enacting the Constitution extended beyond the convention. Once the document was ratified by the delegates, it was then put before the people of Colorado for their approval. On July 1, 1876, the citizens of the state voted to adopt the Constitution, solidifying its role as the guiding framework for governance in Colorado. This vote occurred just over a month before Colorado officially became a state on August 1, 1876, when President Ulysses S. Grant signed the proclamation admitting Colorado to the Union.
The timing of these events was not coincidental, as the push for statehood and the creation of a state constitution were closely intertwined. Colorado's path toward statehood was part of a broader movement in the late 19th century, as territories across the western United States sought to gain full representation and self-governance. The writing and ratification of the Constitution in 1876 were pivotal moments in this journey, shaping the political and legal landscape of the state from its earliest days as a full-fledged member of the Union.
The Constitution that emerged from this process was comprehensive and detailed, addressing a wide array of issues and topics relevant to the newly formed state. It established the structure and functions of state government, outlined the rights and responsibilities of citizens, and set forth the principles and values that would guide Colorado's development and governance. While it has been amended numerous times since its initial ratification, the foundation laid in 1876 continues to shape the state's legal and political framework to this day.
As such, the year 1876 holds a significant place in Colorado's history, marking not just the birth of the state but also the creation and ratification of its enduring Constitution. This document, crafted over a century and a half ago, remains a testament to the vision and aspirations of Colorado's founding generation and continues to guide and shape the state's laws, policies, and governance in the present day.
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It is the state's original and only constitution
The Colorado Constitution, written and ratified in 1876, is the state's original and only constitution. It establishes the basic framework of the state's government, outlining the powers, structure, and limitations of the state government, as well as individual and civil rights. The constitution is notable for its explicit declarations of equality guarantees, such as the "equality of the sexes" provision added in 1972, which reinforced Colorado's pioneering role in promoting political rights and social equity for women.
The document was first drafted in an era when liberty and equality were prevalent concepts in American culture and life. It was influenced by the Wyandotte Constitution of the State of Kansas, drafted in 1859. However, Colorado voters rejected this initial formulation due to the inclusion of a pre-selected slate of candidates for state and national offices.
The Colorado Constitution consists of several articles, each covering different aspects of the state's governance. Article I, titled "Boundaries," establishes the state's geographical boundaries. Article II, The Bill of Rights, contains provisions related to sexual orientation, some of which were found to violate the US Constitution, such as Section 30b, which prohibited legislative or administrative bodies from granting protected status based on sexual orientation. Article III, "Distribution of Powers," divides the state government into three branches: legislative, executive, and judicial. Article VI, "Judicial Department," outlines the structure of the court system and other sections within the judicial department.
The Colorado Constitution also includes provisions for direct democracy, allowing citizens to initiate constitutional amendments through citizen initiatives, legislatively referred constitutional amendments, or constitutional conventions. This power of the people of Colorado is evident in their ability to reserve the initiative of laws and referendums, recall officeholders, and limit tax increases without explicit voter approval, as seen in the Taxpayer Bill of Rights (TABOR).
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It was inspired by the Wyandotte Constitution of Kansas
The Colorado Constitution is one of the longest in the United States. The first proposed "Constitution of the State of Colorado" was drafted on July 11, 1864, and was inspired by the Wyandotte Constitution of Kansas, which was drafted in 1859.
The Wyandotte Constitution was drafted in the period immediately preceding the American Civil War. It was the fourth and final constitutional convention for the state of Kansas, which was established in 1854. The largest issue in territorial Kansas at the time was whether slavery was to be permitted or prohibited. There were sizeable pro- and anti-slavery factions in Kansas, and for several years, Kansas had two governments, in two different cities (Lecompton and Lawrence), with two constitutions, each claiming to be the legitimate government of the entire territory.
The convention that drafted the Wyandotte Constitution was held between July 5, 1859, and July 29, 1859, in the former community of Wyandotte, now part of Kansas City, Kansas, in Wyandotte County. The convention had to resolve some other controversial issues, including the western border of Kansas, which the three earlier constitutions had set as the Rockies. The western border was fixed at 102 degrees west longitude (25th meridian of longitude west from Washington).
The Wyandotte Constitution rejected slavery and affirmed separate property rights for married women and their right to participate in school elections, but it also denied universal suffrage for women, blacks, and Indians. Suffrage was granted only to "every white male person, of twenty-one years and upward." The document was approved in a referendum by a vote of about 10,000 to 5,000 on October 4, 1859. In April 1860, the United States House of Representatives voted 134 to 73 to admit Kansas under the Wyandotte Constitution. However, there was resistance in the United States Senate. With the election of Abraham Lincoln, southern states began to leave the Union, and opposition to Kansas's admission decreased. On January 21, 1861, the last six southern senators left their seats, and the Senate passed the Kansas bill. Kansas was admitted to the Union as a free state on January 29, 1861.
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Article II contains explicit equality guarantees for a diverse citizenry
The Colorado Constitution, inspired by the Wyandotte Constitution of the State of Kansas, is one of the longest in the United States. It was first proposed on July 11, 1864, and has since undergone several amendments.
Article II of the Colorado Constitution, also known as The Bill of Rights, contains explicit equality guarantees for a diverse citizenry. This article includes provisions related to sexual orientation, though some of these have been found to violate the US Constitution and are not in force. For example, Section 30b, added in 1992, prohibited legislative or administrative bodies in Colorado from declaring sexual orientation as a basis for protected status. However, this was deemed unconstitutional in Romer v. Evans. Despite this, Section 30b remains in the text of the present Colorado Constitution and has not been repealed.
Article II of the Colorado Constitution also reflects the ongoing struggle for equal rights for the LGBTQ+ community. The inclusion of provisions related to sexual orientation in Article II indicates that the state of Colorado has recognised the need for explicit equality guarantees for this diverse group of citizens. While the specific provision mentioned above was deemed unconstitutional, the fact that it was added to the state constitution in the first place demonstrates the efforts made to ensure equal rights for all citizens, regardless of sexual orientation.
Furthermore, Article II's focus on equality guarantees aligns with the broader context of civil rights and equal protection under the law, as enshrined in the Fourteenth Amendment to the US Constitution. The Fourteenth Amendment, passed in 1866 and ratified in 1868, was a significant step forward in extending liberties and rights to formerly enslaved people and Black citizens. It guaranteed that all persons born or naturalized in the United States are citizens and are entitled to due process of law and equal protection under the law. The amendment also nationalised the Bill of Rights, making it binding upon the states.
The Fourteenth Amendment has been the basis for several landmark Supreme Court decisions, such as Brown v. Board of Education (1954), which helped dismantle racial segregation, and Obergefell v. Hodges, which legalised same-sex marriages. The Equal Protection Clause within the amendment has inspired the well-known phrase, "Equal Justice Under Law," and has been central to ensuring equality for diverse groups of citizens.
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Frequently asked questions
The original and only Colorado Constitution is forty handwritten pages long. It is one of the longest state constitutions in the US.
The Colorado Constitution was drafted by 39 delegates over a period of almost three months. The delegates gathered in Denver for a constitutional convention on December 20, 1875, and completed their task on March 14, 1876.
The Colorado Constitution has been amended at least 150 times in its history, with sources giving varying numbers of at least 166 and 176.
