Omar Bennett
The Constitution of the Commonwealth of Kentucky is the document that governs the Commonwealth of Kentucky. It was first adopted in 1792 and has since been rewritten three times and amended many more. The Kentucky Constitution has several interesting provisions, including the power of the people to alter, reform, or abolish the government, and the right to a trial by jury in libel prosecutions. One part of the Kentucky Constitution, Sections 184-196, deals with education and the common school fund. These sections outline the use and distribution of the school fund, including that race or color should not affect distribution and that school money should not be used for church or sectarian schools.
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The Bill of Rights
The 1792 Constitution was the culmination of eight years of work, with ten constitutional conventions called during that time, each making progress toward a viable constitution. This first version had similarities to the United States Constitution, providing for three branches of government: legislative, executive, and judicial, with a bicameral legislature called the General Assembly. The 1792 Constitution also included some new ideas, such as the stipulation that the General Assembly vote by ballot instead of voice.
The 1799 Constitution was a regressive step, retaining and expanding pro-slavery provisions and disenfranchising free blacks, mixed-race persons, and Indians. It also made it more difficult to call a constitutional convention. The 1850 Constitution, while also containing pro-slavery provisions, included a maximum indebtedness of $500,000 for the state, a provision that remains in the current constitution. The 1850 version also created a sinking fund to address the state's debt, which had climbed to $4.5 million.
The Kentucky Constitution, in its current form, continues to provide protection for the rights of its citizens, with the Bill of Rights taking precedence over general laws. The rights enshrined in the Bill of Rights include security from search and seizure, the right to a trial by jury, protection from double jeopardy, and the prohibition of excessive bail or fines, and cruel punishment. The people of Kentucky also have the right to alter, reform, or abolish their government, and the constitution outlines the powers of the three branches, ensuring a balance of power.
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Voting by ballot
The amendment proposed adding a line to Sections 145 and 155 of the Kentucky Constitution, stating that "No person who is not a citizen of the United States shall be allowed to vote in this state." This amendment aimed to address concerns about non-citizen voting, particularly in local elections, despite federal laws already making it clear that only citizens are eligible to vote in elections.
The ballot language for Amendment 1 also included specific residency requirements for voters. It proposed that eligible voters must be citizens of the United States, at least 18 years old, and have resided in the state for one year, in the county for six months, and in the precinct for 60 days before the election. Additionally, it outlined certain convictions, such as treason, felony, or bribery in an election, that would exclude individuals from having the right to vote.
While some supported Amendment 1 as a preventative measure, others, like former Kentucky representative Attica Scott, opposed it, arguing that it would fuel hatred toward immigrants rather than changing who can vote. Ultimately, the outcome of the vote on Amendment 1 will determine whether the Kentucky Constitution is amended to include these more explicit restrictions on voting rights.
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The Governor's powers
The Governor of Kentucky is the head of government in the state. The governor's powers are enumerated in the state constitution, and each of the four constitutions of Kentucky—adopted in 1792, 1799, 1850, and 1891—has enlarged the governor's authority.
The Governor of Kentucky has broad statutory authority to make appointments to the various cabinets and departments of the executive branch. The governor also serves as the commander-in-chief of the state's military forces, including the army, navy, and militia. They have the power to enforce all laws of the state and fill vacancies in elected offices until the next meeting of the General Assembly. Additionally, the governor can remit fines and forfeitures, grant reprieves and pardons (except in cases of impeachment or treason), and call the legislature into session.
The governor's influence is further augmented by their wide discretion in awarding state contracts and their significant influence over the legislature, although the latter has been waning since the mid-1970s. The governor's power to control taxes is limited, as the General Assembly holds the power to levy taxes. However, the governor can issue executive orders that may impact taxes, especially during emergencies like the COVID-19 pandemic.
While the governor has no constitutional authority to exercise legislative powers, their ability to enforce tax policy and issue executive orders grants them a degree of influence over taxation in the state.
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State debt
The Kentucky Constitution has undergone several changes since its first draft in 1784. The state's first constitution was accepted by the United States Congress in 1792, and it has since been amended several times to reflect changing societal norms and priorities. One part of the Kentucky Constitution that has received attention over the years is the state's management of debt.
The 1850 Constitution, for instance, addressed the issue of spiralling debt by creating a sinking fund for the liquidation of state debt, which had climbed to $4.5 million at the time. Additionally, it mandated a maximum indebtedness of $500,000 for the state, which was roughly equivalent to a year's worth of revenue at the time. Notably, this provision remains in the current Kentucky Constitution, despite significant growth in state revenue.
The constitution also includes sections that outline specific restrictions on lending and borrowing practices. For example, Sections 177 and 178 stipulate that the Commonwealth should not lend credit nor become a stockholder in a corporation, nor build railroads or highways. Furthermore, any law for borrowing money must specify the purpose for which the money is to be used, and the funds may only be used for that specified purpose (Sections 179 and 180).
Another important aspect of the Kentucky Constitution regarding state debt is the role of the General Assembly. The General Assembly is prohibited from releasing debt to the state or to any county or city (Sections 2 and 4). Additionally, it cannot audit or allow private claims, except in the case of appropriations (Sections 2, 4, and 58). These provisions aim to maintain transparency and accountability in the management of public funds.
While some sections of the Kentucky Constitution related to state debt have been amended or updated over time, others have remained unchanged, reflecting the state's continued commitment to fiscal responsibility and the integrity of public obligations.
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Education
The Education section of the Kentucky Constitution consists of sections 183 to 189. It has been amended several times, including in 1941, 1949, 1953, and 1996.
In 2024, Kentucky voters will decide on a proposed constitutional amendment, known as Amendment 2, which would allow state funding for non-public education. This amendment is in response to concerns about the struggles of Kentucky public schools, including poor scores, achievement gaps, and chronic absenteeism. The amendment would enable state lawmakers to allocate public funds to privately operated schools, such as charter or church-affiliated schools. This would bypass the current restriction that only allows tax dollars to support public schools, also known as "'common' schools".
Supporters of the amendment argue that it will give parents more options and empower them to make choices about their children's education. They believe that simply allocating more money to public schools is not the answer to the issues they are facing. However, opponents argue that the amendment will divert much-needed funds from public schools and that private institutions are not held to the same standards of accountability and transparency. There are also concerns about the potential impact on the integrity of the Kentucky Constitution.
The proposed amendment has sparked discussions about school choice and the role of the state in education. It has also brought attention to the tension between federal restrictions on state-sponsored school prayer and Kentucky's statute allowing some limited forms of prayer in public schools. Additionally, Kentucky is one of the states that allow the use of corporal punishment as a means of discipline in schools.
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Frequently asked questions
The Constitution of the Commonwealth of Kentucky is the document that governs the Commonwealth of Kentucky. It was first adopted in 1792 and has since been rewritten three times and amended many more.
The 1792 Constitution had several similarities to the United States Constitution. It provided for three branches of government – legislative, executive, and judicial – and a bicameral legislature called the General Assembly. It also contained a Bill of Rights and called for an electoral college to elect senators and the state's governor.
The 1850 Constitution included greater protections for slave property, such as a requirement that slaves and their offspring remain in the state. It also prohibited ministers of religion, who were thought to be largely anti-slavery, from holding public office. The 1850 Constitution created a sinking fund to address the state's debt, which had climbed to $4.5 million, and mandated a maximum of $500,000 of indebtedness for the state.
The Kentucky Constitution protects the rights of victims of crime and the right to a speedy trial. It also includes provisions for security from search and seizure, the right of judicial remedy for injury, and the prohibition of excessive bail or fines, or cruel punishment.
