Malcolm Rivera
The Kansas Constitution has been amended 95 times since its adoption in 1859. The most recent amendment was approved on November 8, 2022. Amendments to the Kansas Constitution can be proposed by either house of the state legislature and must be approved by a two-thirds majority in each chamber. Amendments can also be proposed through a constitutional convention. The Kansas Constitution outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual rights, and other matters.
| Characteristics | Values |
|---|---|
| Number of Amendments | 95 |
| Last Amendment | November 8, 2022 |
| Amendment Process | Legislatively referred constitutional amendment or constitutional convention |
| Amendment Proposal | Either house of the Kansas State Legislature can propose an amendment |
| Amendment Approval | Requires a two-thirds majority in each chamber and a simple majority of electors |
| Ballot Propositions | At most, five amendments can be proposed for one election |
| Voter Requirements | Voters must be able to vote on each amendment separately |
| Article Revision | An amendment can revise one entire article of the constitution, except the article on general provisions |
| Original Constitution | Adopted on October 4, 1859, and known as the "Wyandotte Constitution" |
| Women's Suffrage | Approved in 1912 after being defeated by voters in 1867 and 1894 |
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What You'll Learn
Kansas Constitution amendment process
The Kansas Constitution has been amended 95 times since its adoption in 1859. The state does not feature a process for initiated constitutional amendments, and the constitution can only be amended via a legislatively referred constitutional amendment or by a constitutional convention.
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. If a simple majority of the electors of the state who vote on the proposition agree with it, it becomes part of the constitution. The legislature must say what the measure's ballot title will be in their resolution authorizing it. If there is more than one proposed amendment, voters must be able to vote on them separately. At most, five amendments can be proposed for one election. An amendment is allowed to revise one entire article of the constitution "except the article on general provisions."
Constitutional Convention
If two-thirds of the members of each house of the state legislature vote in favor, the question "Shall there be a convention to amend or revise the constitution of the state of Kansas?" or "Shall there be a convention limited to revision of article(s) ________ of the constitution of the state of Kansas?" shall be placed on a statewide ballot. If a simple majority of those voting on that question say "yes," a convention is held. Any amendments or revisions that come out of the convention must go before the state's voters.
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Kansas Constitution's Bill of Rights
The Kansas Constitution, originally known as the "Wyandotte Constitution", has been amended 95 times as of November 8, 2022. The Kansas Constitution can be amended via a legislatively referred constitutional amendment or by a constitutional convention. Either house of the Kansas State Legislature can propose an amendment, but two-thirds of the members of each chamber must approve the resolution. If the resolution passes, the proposed amendment is put to a vote during the next statewide ballot, or a special election ballot if the legislature agrees to one. If a simple majority of voters agree with the proposition, it becomes part of the constitution.
The "Bill of Rights" of the Kansas Constitution is located between the Preamble and Article 1. It prescribes the rights of the citizens and sets up Kansas as a free state. The Bill of Rights includes the right to keep and bear arms, which has been a topic of discussion and amendment in recent years. For example, HCR5020 amends Section 4 of the Kansas Bill of Rights to ensure that the right to keep and bear arms includes essential tools and ensures the highest level of legal protection.
The Kansas Constitution also includes provisions for the amendment and revision process. Article 14 outlines the steps for proposing and ratifying amendments, including the requirement for a two-thirds majority in the legislature and the publication of the resolution by the secretary of state. The legislature can also propose a convention to amend or revise the constitution, which is subject to approval by a majority of electors.
The Kansas Constitution's Bill of Rights covers a range of topics beyond the right to bear arms, including executive, legislative, judicial, suffrage, education, public institutions, militia, county organisation, apportionment of the legislature, finance, taxation, corporations, banks, and more. These rights and provisions outline the framework for governance in Kansas, including the powers, structure, and limitations of the state government.
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Kansas Constitution's history of amendments
The Kansas Constitution, originally known as the "Wyandotte Constitution", has been amended 95 times as of November 8, 2022. The state has had one constitution since becoming the 34th state on January 29, 1861. The Kansas Constitution can only be amended via a legislatively referred constitutional amendment or by a constitutional convention.
The process of amending the Kansas Constitution involves either house of the Kansas State Legislature proposing an amendment. A two-thirds majority vote is required in each chamber for the resolution to pass. If successful, the proposed amendment is put to a statewide ballot, either during the next election for members of the state legislature or during a special election if the legislature agrees to one. For the amendment to be adopted, a simple majority of voters who participate in the election must agree with the proposition. Notably, Kansas does not have a process for initiated constitutional amendments.
The Kansas Constitution has a rich history of amendments, with notable examples including:
- Women's suffrage: Although proposed during the Wyandotte Convention, women's suffrage was not addressed in the original constitution. It was proposed in every succeeding state legislative session. In 1867, it met the legislative vote requirement to be put to a ballot but was defeated by 68.65% of voters. The issue was put to a ballot again in 1894 but was defeated once more, this time by 57.73% of voters. It was finally approved in 1912 by a vote of 52.40% to 47.60%.
- The "Bill of Rights": The "Bill of Rights" of the Kansas Constitution is located between the Preamble and Article 1. It outlines the rights of citizens and establishes Kansas as a free state.
- Second Amendment: The Kansas Constitution has been amended to apply the strict scrutiny test in addition to the historical tradition test of the Second Amendment. It also expressly protects ammunition, firearm accessories, and components, elevating the right to bear arms as a natural and fundamental right.
- Horse and dog racing: An amendment was made to permit bona fide nonprofit organizations to operate or conduct horse and dog racing and parimutuel wagering in any county under specific conditions.
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![Constitution of the state of Kansas with amendments. 1977 [Leather Bound]](https://m.media-amazon.com/images/I/61IX47b4r9L._AC_UY218_.jpg)
Kansas Constitution's Second Amendment
The Kansas Constitution has been amended 95 times since its adoption in 1859. It was originally known as the "Wyandotte Constitution." The most recent amendment was approved by voters on November 8, 2022.
One notable aspect of the Kansas Constitution is its expansive Bill of Rights, which includes 20 provisions that guarantee the rights of citizens and set up Kansas as a free state. Among these rights is the right to bear arms, which has been the subject of debate and further clarification through additional amendments.
The Kansas right to bear arms was expanded in 2010 to include a variety of activities and purposes. This expansion came after the U.S. Supreme Court held that the Second Amendment of the U.S. Constitution creates an individual right but lacked clarity in defining its scope. The Kansas Constitution's Second Amendment ensures that the right to keep and bear arms includes access to essential tools, such as ammunition and firearm accessories, and it provides legal protection for this fundamental right.
The proposed amendment HCR5020 aims to strengthen the right to bear arms in Kansas by explicitly protecting ammunition, firearm accessories, and components under the constitutional protections. It also elevates the right to bear arms to a natural and fundamental right, subject to strict scrutiny by the courts. However, opponents argue that HCR5020 could have negative consequences, such as allowing convicted felons and domestic abusers to legally possess firearms and undermining public safety laws.
Kansas's Constitution has a significant impact on the state's governance and the rights of its citizens. The Second Amendment, in particular, has been a topic of discussion and evolution, reflecting the state's commitment to protecting the rights of its citizens while also considering the potential implications and challenges.
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Kansas Constitution's suffrage
The Kansas Constitution, also known as the "Wyandotte Constitution", has been amended 95 times since its adoption on October 4, 1859. Notably, the issue of women's suffrage was not addressed in the original constitution, despite being proposed at the Wyandotte Convention.
The Kansas Constitution does not explicitly include a right to vote, according to a majority ruling by the state Supreme Court in 2024. This decision sparked dissent from three of the court's seven justices, who argued that the majority was ignoring past precedent and betraying their constitutional duty to protect the foundational rights of Kansans.
In terms of suffrage, the Kansas Constitution outlines certain qualifications that must be met for an individual to be deemed a qualified elector. According to Article 5 of the Constitution, a qualified elector is a citizen of the United States who has attained the age of eighteen years and resides in the voting area in which they seek to vote. Additionally, it addresses the rights of certain individuals who have changed their residence within the state of Kansas, allowing them to vote in their former voting area.
The Constitution also specifies circumstances under which individuals may be disqualified from voting. For example, the legislature may exclude persons from voting due to mental illness, commitment to a jail or penal institution, or conviction of a felony unless pardoned or restored to their civil rights. The legislature is responsible for providing laws and proofs to establish the right of suffrage.
While women's suffrage was not included in the original Kansas Constitution, it was continuously proposed and eventually approved in 1912 by a vote of 52.40% to 47.60%. This amendment granted women the right to vote, marking a significant step forward in the expansion of voting rights in the state of Kansas.
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Frequently asked questions
95.
Amendments can be proposed by either house of the Kansas State Legislature. Two-thirds of the members of each chamber must approve the resolution.
If the resolution passes, 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 a simple majority of the electors of the state who vote on the proposition agree with it, it becomes part of the constitution.
The Kansas Constitution is the state constitution, which outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
