Jonah Patel
The Wyoming Constitution has been amended approximately 75 times since its adoption in 1889. The delegates who drafted the constitution were in a hurry to get it adopted while Congress was still in session, and Wyoming became a state the following year. The Wyoming Constitution is the 11th longest of any state constitution and is much longer and more detailed than the United States Constitution. Amendments to the Wyoming Constitution can be made through a legislative process or a state constitutional convention, and a simple majority vote is required for voters to approve constitutional amendments.
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What You'll Learn
Amendments to articles on judicial selection
The Wyoming Constitution has been amended around 75 times since its adoption in 1889. It is the 11th longest of any state constitution and is much longer and more detailed than the United States Constitution and many other state constitutions.
One of the major amendments has been to articles on judicial selection. The constitution initially provided for a four-year term for the governor, with no restrictions on the number of terms a governor could serve. A two-thirds majority (amounting to a minimum of 42 votes in the House of Representatives and 21 votes in the State Senate) is required during a legislative session for the Wyoming State Legislature to place a constitutional amendment on the ballot. The constitution also allowed various boards and commissions to govern specific state agencies and appoint directors, removing this power from the governor. It wasn't until the government reorganization in the 1990s that many of these governing boards became advisory only.
Article 5 of the Wyoming Constitution, entitled "Judicial Department", consists of 29 sections, two of which have been repealed. Article 6, "Suffrage and Elections", consists of 22 sections. Article 20, "Amendments", consists of four sections.
The Wyoming Constitution provides two mechanisms for amending the state's constitution: a legislative process and a state constitutional convention. A simple majority vote (50% plus one) is required for voters to approve constitutional amendments. A two-thirds vote is required during one legislative session for the Wyoming State Legislature to place a constitutional convention question on the ballot. If a simple majority of voters approves the question, the legislature must call for a convention during its next session.
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Amendments to public finance articles
The Wyoming Constitution has been amended approximately 75 times since its adoption in 1889. One of the major amendments was to the article on public finance, which made it difficult for the state to adopt an income tax. Wyoming is one of seven states without an income tax.
The constitution provides two mechanisms for amending it: a legislative process and a state constitutional convention. A two-thirds vote (66.67%) during a legislative session is required to place a constitutional amendment or a constitutional convention question on the ballot. A simple majority (50% plus one) is then needed for voters to approve the amendment or the convention question. Amendments do not require the governor's signature to be referred to the ballot.
The Wyoming Constitution consists of several articles, some of which have been amended or repealed over time. For example, Article 3, "Legislative Department", has 53 sections, one of which has been repealed. Article 4, "Executive Department", consists of 15 sections, while Article 5, "Judicial Department", has 29 sections, two of which have been repealed. Article 6, "Suffrage and Elections", has 22 sections, and Article 7, "Education; State Institutions; Promotion of Health and Morals; Public Buildings", has 23 sections, one of which has been superseded.
Article 9, "Mines and Mining", has six sections, two of which have been repealed, while Article 10, "Corporations", has 19 sections, with one repealed. Article 11, "Boundaries", has a single section, and Article 12, "County Organization", has five sections. Article 13, "Municipal Corporations", also has five sections.
The amendments to the article on public finance reflect the state's approach to taxation and fiscal policy. Wyoming's constitution has evolved over time to adapt to the changing economic and social landscape of the state.
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Amendments to the legislative process
The Wyoming Constitution has been amended around 75 times since its adoption in 1889. It is the 11th longest of any state constitution and is much longer and more detailed than the United States Constitution and many other state constitutions.
The Wyoming Constitution provides two mechanisms for amending the state's constitution: a legislative process and a state constitutional convention. The legislative process requires a two-thirds vote during a legislative session for the Wyoming State Legislature to place a constitutional amendment on the ballot. This amounts to a minimum of 42 votes in the Wyoming House of Representatives and 21 votes in the Wyoming State Senate, assuming no vacancies. Amendments via this route do not require the governor's signature to be referred to the ballot.
A constitutional convention question, on the other hand, requires a two-thirds (66.67%) vote during a legislative session for the Wyoming State Legislature to place it on the ballot. If a simple majority of voters approve the question, the legislature needs to call for a convention during its next session.
The Wyoming Constitution has been amended several times to address specific issues and make improvements. For example, an amendment was passed in 1974 making it difficult to adopt a state income tax, and Wyoming remains one of seven states without an income tax. The first sales tax was authorized in 1935.
The constitution has also been amended to address the gubernatorial power structure. While the governor's power increased with government reorganization in the 1990s, the constitution continues to dilute the power of the chief executive by providing for entities such as the state land board, which governs revenue-raising measures and the management of state lands and farm loans.
In addition, the constitution has been amended to make changes to articles on judicial selection and public finance. For example, Article 3, entitled "Legislative Department", consists of 53 sections, one of which has been repealed. Article 5, entitled "Judicial Department", consists of 29 sections, two of which have been repealed. These amendments ensure that the Wyoming Constitution remains responsive to the changing needs and priorities of the state and its citizens.
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Amendments to the executive branch
The Wyoming Constitution has been amended around 75 times since its adoption in 1889. The constitution is notably longer and more detailed than the United States Constitution and many other state constitutions.
The executive branch of Wyoming's constitution is structured quite differently from the national one. While the president and vice-president are the only two executive officers elected nationwide, Article IV, Section 11 of Wyoming's constitution provides that the governor and four other officers—secretary of state, treasurer, auditor, and superintendent of public instruction—are all elected statewide.
The constitution also provides for entities such as the state land board, which governs revenue-raising measures and the management of state lands and farm loans. The board is made up of the governor and the other four statewide elected officials. This arrangement dilutes the power of the chief executive.
The constitution also allowed various boards and commissions to govern specific state agencies and appoint their directors, taking that power out of the governor's hands. It wasn't until the government reorganization in the 1990s that many of these formerly governing boards became advisory only.
The constitution provides for a four-year term for the governor with no restrictions on the number of terms a governor could serve. The legislature would need a two-thirds vote to override a gubernatorial veto.
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Amendments to suffrage and elections
The Wyoming Constitution has been amended around 75 times since its adoption in 1889. It is the 11th longest of any state constitution and is generally similar to the document drafted in 1889.
The Wyoming Constitution has been amended several times to make changes to suffrage and elections. Here are some key amendments in this area:
- Article 6, Section 1 of the Wyoming Constitution, adopted in 1869, protected women's rights to vote and hold office. This provision was controversial when Wyoming statehood was being debated in Congress in 1890, but it was ultimately allowed to stand. Wyoming was the first territory or state in the nation to grant women the right to vote, 50 years before the passage of the 19th Amendment.
- The Wyoming Suffrage Act of 1869, also known as the Wyoming Territorial Suffrage Act, granted women in the territory the right to vote and hold office. This act was enacted by the Council and House of Representatives of the Territory of Wyoming.
- In 1890, when Wyoming became a state, women retained their right to vote and could also hold office. Wyoming was the first state to have a female justice of the peace, Esther Hobart Morris, who took office before statehood in 1869.
- Wyoming played a significant role in the passage of the 19th Amendment, which granted women the right to vote nationwide. In 1919, 50 years after gaining suffrage in Wyoming, the state ratified the amendment, becoming the 23rd state to do so. Wyoming suffragists organised a final push for the amendment, which was ratified by 36 states in 1920, ensuring that the right to vote could not be denied based on sex.
- In 1954, Verda James, a schoolteacher and deputy director of public instruction for Wyoming, was elected to the Wyoming House. She served eight terms and became the first woman elected as House Speaker for a full term during her last term from 1969 to 1970.
- In 1981, Cheyenne schoolteacher Harriett Elizabeth "Liz" Byrd became Wyoming's first Black woman legislator, serving in the Wyoming House and Senate until 1992. She focused on social justice issues and successfully sponsored a bill to make Martin Luther King Day a state holiday.
- The Wyoming Constitution provides two mechanisms for amending the document: a legislative process and a state constitutional convention. A two-thirds vote during a legislative session is required to place a constitutional amendment on the ballot, and a simple majority (50% plus 1) of voters is needed to approve amendments.
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Frequently asked questions
The Wyoming Constitution has been amended approximately 75 times since its adoption in 1889.
The Wyoming Constitution provides two mechanisms for amending the state's constitution: a legislative process and a state constitutional convention. A two-thirds vote during a legislative session is required to place a constitutional amendment on the ballot. This amounts to a minimum of 42 votes in the Wyoming House of Representatives and 21 votes in the Wyoming State Senate. Amendments do not require the governor's signature to be referred to the ballot.
The Wyoming Constitution has undergone several significant amendments. Major changes have been made to articles on judicial selection and public finance. An amendment passed in 1974 made it difficult to adopt a state income tax, and Wyoming remains one of the few states without an income tax. The constitution also provides for a four-year term for the governor, with no restrictions on the number of terms served. Additionally, it includes provisions protecting women's rights to vote and hold office, as well as allocating water within the state's borders to landowners.
The Wyoming Constitution and the U.S. Constitution were drafted 100 years apart and differ in many ways. The Wyoming Constitution is the 11th longest of any state constitution and is much longer and more detailed than the U.S. Constitution. It establishes an executive branch structure distinct from the national one, with the governor and four other officers elected statewide. Wyoming's constitution also includes provisions on suffrage and elections, education, state institutions, public health, and morals, among other topics.
