Simone Lawson
The Constitution of the State of Utah defines the basic form and operation of the state government in Utah. It consists of several articles, each covering a different aspect of governance. Article I is entitled Declaration of Rights and consists of 29 sections. Article II, State Boundaries, has one section, while Article III, Ordinance, has four. Article IV, Elections and Right of Suffrage, has ten sections, and Article V, Distribution of Powers, has one. Article VI, Legislative Department, has 33 sections, and Article VII, Executive Department, has 21. Article VIII, Judicial Department, consists of 16 sections, and Article IX, Congressional and Legislative Apportionment, has two. Article X, Education, has nine sections, and Article XI, Local Governments, also has nine. Other notable articles include Article XIII, Revenue and Taxation; Article XIV, Public Debt; Article XV, Militia; and Article XVI, Labor. The Utah Constitution also includes provisions related to polygamy, education, and water rights, reflecting the state's unique history and priorities.
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What You'll Learn
Declaration of Rights
The Constitution of the State of Utah outlines the basic form and operation of the state government in Utah. The Utah Constitution's Declaration of Rights, outlined in Article I, includes 17 sections that detail the inherent and inalienable rights of the people of Utah.
Section 1 of Article I affirms the inherent and inalienable rights of all people, serving as the foundation for the other rights outlined in the Declaration of Rights. Section 2 establishes that all political power is inherent in the people, emphasising the principle of popular sovereignty. Section 3 declares that Utah is an inseparable part of the Union, highlighting its commitment to the United States as a whole.
Section 4 guarantees religious liberty, ensuring freedom of religion and prohibiting polygamy and "plural marriages". This section reflects Utah's history of religious diversity and the importance of separating religious practices from state governance. Section 5 addresses the right to habeas corpus, protecting individuals from unlawful imprisonment and ensuring their right to a fair trial. Section 6 upholds the right to bear arms, recognising the importance of self-defence and the tradition of gun ownership in Utah.
Section 7 of Article I guarantees due process of law, ensuring that all individuals are treated fairly and justly within the legal system. Section 8 specifies that offences are bailable, providing a framework for pretrial release and ensuring that imprisonment is used as a last resort. Section 9 prohibits excessive bail and fines, as well as cruel punishments, protecting individuals from undue financial burden and inhumane treatment. Section 10 affirms the right to a trial by jury, ensuring that legal disputes are decided by a panel of impartial peers.
Additionally, Section 11 of the Declaration of Rights ensures that courts remain open and accessible to all, facilitating transparency and providing avenues for individuals to seek redress for injuries. Section 12 outlines the rights of accused persons, providing protections for individuals facing criminal charges. Section 13 addresses prosecution and the role of the grand jury, establishing procedures for initiating legal action. Section 14 prohibits unreasonable searches and includes provisions for the issuance of warrants, safeguarding privacy rights.
Section 15 guarantees freedom of speech and of the press, while also addressing the issue of libel, recognising the importance of a free flow of information while also holding individuals accountable for their statements. Section 16 prohibits imprisonment for debt, providing financial protections for individuals. Finally, Section 17 ensures that elections remain free and fair, including provisions for soldiers' voting rights, thus upholding the democratic principles that underpin the Constitution.
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State Boundaries
Article II of the Utah Constitution describes the state boundaries. The constitution was drafted in 1895, and it defines the basic form and operation of the state government in Utah.
Utah's unique history as a Mormon society is reflected in its constitution. The constitution was drafted after The Church of Jesus Christ of Latter-day Saints renounced polygamy in 1890, which led to the federal government granting permission to draft a constitution. An ordinance was added to the constitution, requiring the consent of the United States and the state to revoke or alter any part of it. This ordinance also explicitly prohibited polygamy and "plural marriages," stating that these practices were "forever prohibited."
The Utah Constitution has been described as ""distinctively undistinctive," as it consciously aimed to signal a break from Utah's controversial past. Despite this, the state's constitution has some unusual provisions. For example, the original edition of the constitution stated that a jury should consist of no more than eight people, except for the trial of a person charged with a capital crime, where a jury of up to twelve people was permitted. Additionally, the Utah Constitution provides greater protection to the privacy of homes and automobiles than the Fourth Amendment, according to the Utah Supreme Court.
The Utah Constitution also includes specific details about the locations of the state capitol, the state fair, special schools, the state prison, the reform school, and the insane asylum, which are all "permanently located."
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Ordinance
The Constitution of the State of Utah defines the basic form and operation of the state government. The Utah Constitution was drafted at a convention that opened on March 4, 1895, in Salt Lake City, after The Church of Jesus Christ of Latter-day Saints renounced polygamy in 1890. The citizens of Utah approved the constitution, but it took several attempts to get it approved by Congress, which admitted Utah as a state in 1896.
The Ordinance, as one of the major sections of the Utah Constitution, includes the following provisions:
- The consent of the United States, as well as the state, is required to revoke or alter parts of the constitution.
- Freedom of religion is guaranteed, but polygamy and "plural marriages" are "forever prohibited".
- Public schooling is mandatory and must be "free from sectarian control". This is also stated in Article X ("Education").
- Lotteries and other forms of gambling are prohibited from being legalized.
- Once an impeachable official is served a notice of impeachment, they automatically lose the powers of their office until acquitted.
- A two-thirds supermajority is required to specify the enactment of an act at a time other than the default.
- The Governor may call both chambers of the Utah Legislature or only the Utah State Senate into an extraordinary session, but not the House of Representatives alone.
In addition to the Ordinance, Utah's state laws are also governed by the local codes of its cities and counties, sometimes called municipal or local ordinances. These codes are available online or at local community public libraries or city/county clerk's offices.
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Elections and Right of Suffrage
The Elections and Right of Suffrage section of the Utah Constitution has played a significant role in shaping the state's political landscape, particularly regarding women's suffrage and the unique context of Mormon polygamy. When Utah became a US territory in 1850, only free white male inhabitants over the age of 21 who were US citizens had the right to vote. This exclusion of women from the political process was linked with the practice of polygamy among members of the Church of Jesus Christ of Latter-day Saints, or "Mormons."
In the late 19th century, polygamy was a core religious belief of the Latter-day Saints, who practised "plural marriage." However, many Americans viewed polygamy as morally wrong and oppressive to women. After the abolition of slavery and the granting of voting rights to Black men through the 15th Amendment, reformers shifted their focus to ending polygamy in Utah. Some believed that granting women's suffrage in the state would empower them to politically challenge the practice of polygamy.
During this period, Utah women actively contributed to the broader women's suffrage movement across the nation. They provided funding, served in leadership positions, circulated petitions, and participated in national and international women's rights conventions. In 1890, the LDS Church officially ended the practice of polygamy, and Congress passed the 1894 Enabling Act, inviting Utah to apply for statehood. During Utah's 1895 Constitutional Convention, delegates debated the inclusion of women's suffrage in the state constitution.
Utah women had already secured the right to vote 17 years prior, but it was revoked when Congress passed the Enabling Act. This prompted Utah women to organise and form the Woman Suffrage Association of Utah, an affiliate of Susan B. Anthony's National American Woman Suffrage Association. Their efforts, along with the renunciation of polygamy, laid the groundwork for Utah's admission as a state in 1896, with a constitution that guaranteed women's suffrage. This occurred more than 70 years before the 19th Amendment to the US Constitution was ratified in 1920, ensuring women's suffrage nationwide.
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Distribution of Powers
Article V of the Utah Constitution is entitled "Distribution of Powers" and consists of a single section. The distribution of powers outlines the basic form and operation of the state government in Utah.
The legislative branch of government introduces legislation to make new laws, and to amend or repeal existing laws. The legislative session starts on the fourth Monday in January and runs for 45 days. The legislative branch also includes the Utah Legislature, which can refer constitutional amendments to a ballot for voters to decide on. A two-thirds majority vote in both legislative chambers is required during one legislative session for the Utah State Legislature to place a constitutional amendment on the ballot.
The executive branch implements and enforces the laws passed by the legislature. This branch includes the Governor and administrative agencies, such as the Labor Commission, Motor Vehicle Division, and Tax Commission. The legislature delegates rule-making authority to administrative agencies, and some administrative agencies also have some adjudication powers.
The judicial branch resolves disputes between parties, interprets the law, upholds the constitution, and protects the rights of Utahns. Utah's court system includes trial courts (district, juvenile, and justice courts) and appellate courts (the court of appeals and supreme court). The Utah Judicial Council is the policy-making body for the judiciary, with the constitutional authority to adopt uniform rules for the administration of all the courts in the state.
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