Malcolm Rivera
The Kansas Constitution, originally known as the Wyandotte Constitution, was adopted by voters on October 4, 1859, and has been amended 95 times since. The current state constitution has a Preamble, a Bill of Rights, and 15 articles. The four Kansas constitutions were drafted during a period of violence known as Bleeding Kansas, when pro- and anti-slavery groups vied for political control of the territory. Two of the constitutions were pro-slavery, and two banned slavery. The only constitution approved by Congress prohibited slavery and affirmed separate property rights for married women, though it denied universal suffrage for women, blacks, and Indians.
| Characteristics | Values |
|---|---|
| Number of constitutions | 4 |
| Time of emergence | 1850s and 1860s |
| Status of Kansas at the time | Territory |
| Number of constitutions banning slavery | 2 |
| Number of constitutions allowing slavery | 2 |
| Status after the constitutions | Kansas became the 34th state on January 29, 1861 |
| Original name of the current constitution | Wyandotte Constitution |
| Date of adoption of the current constitution | October 4, 1859 |
| Number of amendments to the current constitution | 95 |
| Date of the latest amendment | November 8, 2022 |
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What You'll Learn
- The Kansas Constitution, originally the Wyandotte Constitution, was adopted by voters on October 4, 1859
- The document consists of a Preamble, a Bill of Rights, and 15 articles
- The Kansas Constitution has been amended 95 times
- The four constitutions were drafted during a period of violence known as Bleeding Kansas
- Two constitutions were pro-slavery, and two banned slavery
The Kansas Constitution, originally the Wyandotte Constitution, was adopted by voters on October 4, 1859
The Kansas Territory, created in 1854, was the site of a struggle between pro-slavery and anti-slavery factions, with "border ruffians" from neighbouring Missouri attempting to influence the vote in favour of slavery. The question of slavery was left to the residents of the territory to decide by popular sovereignty, but this proved difficult due to the lack of an accepted definition of who qualified as a resident. The Wyandotte Constitution settled this issue by explicitly prohibiting slavery, granting a homestead exemption to protect settlers from bankruptcy, and offering limited suffrage to women. It also fixed the western border of the territory at 102 degrees west longitude (25th meridian of longitude west from Washington), reducing the size of the territory.
The adoption of the Wyandotte Constitution was a contentious process, with Democrats refusing to sign the document due to disputes over the state's reduced borders and other provisions. Despite this opposition, the voters of Kansas approved the Wyandotte Constitution by a significant margin, and it was sent to Washington, D.C., for approval by Congress and the president. The bill faced resistance in Congress, particularly from Southern senators, but ultimately passed both houses on January 21, 1861, and was signed by President James Buchanan on January 29, 1861. Kansas was admitted to the Union as the 34th state, marking the end of the Free-State Party.
The Wyandotte Constitution has been amended numerous times since its adoption, including a universal suffrage amendment in 1912, but it remains the constitution of the state of Kansas today. The current Kansas Constitution includes a Preamble, a Bill of Rights, and 15 articles, and has been amended 95 times. The most recent amendment, Amendment 2, was approved by voters on November 8, 2022.
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The document consists of a Preamble, a Bill of Rights, and 15 articles
The Kansas Constitution, also known as the "Wyandotte Constitution", was adopted by voters on October 4, 1859, and has been amended 95 times since. The document consists of a Preamble, a Bill of Rights, and 15 articles.
The Preamble of the Kansas Constitution begins with an invocation: "We, the people of Kansas, grateful to Almighty God for our civil and religious privileges, in order to insure the full enjoyment of our rights as American citizens, do ordain and establish the Constitution of the State of Kansas.... This is followed by a description of the state's boundaries.
The Bill of Rights, located between the Preamble and Article 1, prescribes the rights of the citizens of Kansas and establishes it as a free state. It contains 20 provisions, including protections found in the U.S. Bill of Rights and more. Notable provisions include the right to assemble and petition, the right to bear arms, and "Justice without delay".
The 15 articles of the Kansas Constitution cover a range of topics, including the executive, legislative, and judicial branches of government, elections, suffrage, education, public institutions, welfare, militia, county and township organization, apportionment of the legislature, finance and taxation, corporations, banks, and miscellaneous subjects.
The Kansas Constitution also outlines the process for amending the document, with Article 14 governing the two paths by which it can be altered: a legislatively referred constitutional amendment or a constitutional convention.
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The Kansas Constitution has been amended 95 times
The Kansas Constitution, originally known as the "Wyandotte Constitution", has been amended 95 times. The current and first Kansas Constitution was adopted by voters on October 4, 1859, and ratified in 1859, when Kansas was still a territory. The state became the 34th on January 29, 1861, and has had one constitution since statehood. The Kansas territory produced four draft constitutions in the late 1850s and early 1860s—two were pro-slavery, and two banned slavery.
In the period known as "Bleeding Kansas", both pro- and anti-slavery groups committed acts of violence and competed for political control of the territory, which became a battleground over whether slavery would be extended into new states. The abolitionists ultimately prevailed, and the only constitution approved by Congress prohibited slavery. The Kansas Constitution was last amended in 2019, with voters approving Amendment 2 on November 8, 2022.
The Kansas Constitution can only be amended via a legislatively referred constitutional amendment or by a constitutional convention. Article 14 of the Constitution, labelled "Constitutional Amendment and Revision", outlines the two paths by which the document can be altered. 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 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 hold a special election.
Kansas Supreme Court justices are selected using a merit system. A nominating commission, made up of four lawyers elected by the lawyers of the Kansas bar and three non-lawyers appointed by the governor, accepts applications for a vacancy and submits three nominee names to the governor. The governor must choose one within a certain time frame. If they fail to do so, the chief justice of the Kansas Supreme Court must choose one of the nominees, although this has never happened. This system was adopted by constitutional amendment in the 1950s after a scandal known as "the Kansas triple play".
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The four constitutions were drafted during a period of violence known as Bleeding Kansas
The Kansas-Nebraska Act of 1854, engineered by Illinois' Stephen Douglas, set the stage for the violent period known as "Bleeding Kansas". The act created the Kansas Territory, paving the way for statehood and leaving the critical question of slavery up to the territorial legislatures according to "popular sovereignty". This directly contradicted the Missouri Compromise of 1820, which had prohibited slavery in the territory. The act's passage caused a schism in the Democratic Party and contributed to the emergence of the Republican Party.
As a result, Kansas became a battleground between pro- and anti-slavery forces vying for political control of the territory. Northerners and Southerners rushed into Kansas, each side seeking to establish the territory as a free or slave state, respectively. The pro-slavery Southerners, including "border ruffians" from Missouri, initially gained the upper hand by casting thousands of illegal ballots and electing a pro-slavery territorial legislature in Lecompton, which legalised slavery and enacted a harsh slave code. Violence erupted, with radical abolitionist John Brown and his followers murdering five pro-slavery Southerners, and Southerners retaliating by sacking and burning Lawrence.
During this tumultuous period, Kansas had two governments, two constitutions, and two capitals (Lecompton and Lawrence), each claiming to be the legitimate government of the entire territory. The pro-slavery Lecompton Constitution was supported by President Franklin Pierce and the Democratic Senate but was ultimately defeated in the House of Representatives, where it was rejected after a heated debate that included a physical altercation.
The violence and political turmoil continued, with the free-state government in Lawrence calling for a constitutional convention and adopting the free-state Topeka Constitution in 1855. This was followed by the Leavenworth Constitution, which provided for the natural rights of African Americans but was also rejected by Congress. The fourth constitution, the Wyandotte Constitution, was drafted in 1859 and approved by voters in October of that year. It established Kansas as a free state and affirmed the rights of married women, including separate property rights and the right to participate in school elections. However, it fell short of granting universal suffrage for women, blacks, and Indians.
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Two constitutions were pro-slavery, and two banned slavery
The Kansas Constitution, originally known as the "Wyandotte Constitution", was adopted by voters on October 4, 1859, and has been amended 95 times since. Kansas became the 34th state on January 29, 1861, and has had one constitution since statehood.
The Kansas territory produced four draft constitutions in the late 1850s and early 1860s, two of which were pro-slavery, and two of which banned slavery. This period was known as "Bleeding Kansas", a time when pro- and anti-slavery groups committed acts of violence and competed for political control of the territory, which became a battleground over whether slavery would be extended into new states.
The Lecompton Constitution was a pro-slavery document written in 1857. It was boycotted by both sides, with pro-slavery voters supporting it and free-state voters opposing it. The US Senate voted for the Lecompton Constitution, but the House defeated it. It was then sent back to Kansas voters, who rejected it.
The Leavenworth Constitution was a free-state constitution that provided for the natural rights of African Americans. It was rejected by Congress. The Topeka Constitution was another free-state constitution adopted in 1855.
The abolitionists ultimately prevailed, and the only constitution approved by Congress prohibited slavery.
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Frequently asked questions
The four Kansas Constitutions were drafted in the late 1850s and early 1860s, during a time of violent conflict between pro- and anti-slavery groups in Kansas. All four constitutions addressed the issue of slavery, with two supporting it and two banning it.
The Lecompton Constitution was pro-slavery, while the Leavenworth Constitution provided for the natural rights of African Americans. The Wyandotte Constitution, also known as the current Kansas Constitution, was a compromise that banned slavery but denied universal suffrage for women, blacks, and Indians. It also affirmed separate property rights for married women and their right to participate in school elections.
There were two rival governments in Kansas, each with its own constitution and claiming to be the only legitimate government of the territory. The issue of slavery was highly polarizing, and both pro- and anti-slavery factions rushed to make Kansas a slave or free state, respectively. This led to dueling constitutions and a period of violence known as "'Bleeding Kansas".
