Wyoming's Constitution: Monopolies And Their Restrictions

Wyoming's Constitution, in Article 1, § 30, states that perpetuities and monopolies are contrary to the genius of a free state, and shall not be allowed. This provision, found within the Declaration of Rights, reflects the state's commitment to liberty, freedom, and equality as fundamental values deserving of legal protection. The Wyoming Constitution grants its citizens the right to propose and enact laws and approve or reject legislative acts through initiatives and referendums. It also outlines the duties of the legislature, including safeguarding elections, promoting health and morality, and providing for a uniform system of public instruction.

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Monopolies and perpetuities prohibited

Article 1 of the Wyoming Constitution is entitled "Declaration of Rights" and consists of 37 sections. One of these sections, Article 1, § 30, states that monopolies and perpetuities are contrary to the principles of a free state and, therefore, shall not be permitted. This provision was last updated on January 1, 2024, and reads as follows:

> "Perpetuities and monopolies are contrary to the genius of a free state, and shall not be allowed. Corporations being creatures of the state, endowed for the public good with a portion of its sovereign powers, must be subject to its control."

The Wyoming Constitution's Declaration of Rights contains 39 separate provisions that enumerate a range of individual rights, some of which are unique to the state constitution and not found in the US Constitution. The Wyoming Constitution also includes provisions regarding religion, voting, and the structure and duties of the state government. For example, it states that no religious test shall be applied to voting or holding office, and that the exercise of any religious faith shall not be interfered with.

Additionally, the Wyoming Constitution outlines the veto power of the governor, who can veto any item of an appropriation bill. However, this veto can be overridden by a two-thirds vote of both houses of the state legislature. The constitution also sets a term limit for state officials, allowing them to serve only two terms, and specifies the duration of the term of office as four years.

Equality, liberty, freedom, and equality

The Wyoming Constitution's Declaration of Rights in Article 1 expresses the state's commitment to equality, liberty, and freedom. This article contains 37 sections, with 39 separate provisions that outline various individual rights, some of which are unique to the US Constitution.

One of the key principles enshrined in Wyoming's Constitution is the prohibition of monopolies and perpetuities. Article 1, Section 30 states that "perpetuities and monopolies are contrary to the genius of a free state, and shall not be allowed." This provision ensures that corporations, as creations of the state, are subject to its control and cannot hold monopolistic power that may infringe on the freedoms and equality of citizens.

The Wyoming Constitution also guarantees political equality, with provisions for ballots and voting processes. It mandates that the names of all candidates for the same office appear on the same ballot and that voting is conducted in secret. Additionally, it limits state officials to serving only two terms, promoting equal opportunities for representation.

The right to religious liberty is also protected. The Constitution states that no religious test shall be applied to voting or holding office, and the exercise of any religious faith shall not be interfered with. Public funds are also prohibited from being appropriated for any religious organisations or institutions.

Furthermore, the Wyoming Constitution provides for the executive, legislative, and judicial branches of the state government. It outlines the duties of each branch, with the legislative branch making laws, the executive enforcing them, and the judiciary interpreting them. The governor, as the head of the executive branch, is granted the power of veto, which can be overridden by a two-thirds vote of both houses of the legislature.

Overall, the Wyoming Constitution, through its Declaration of Rights and various provisions, firmly establishes equality, liberty, and freedom as foundational values, seeking to protect the rights and well-being of its citizens.

Voting and holding office

The Wyoming Constitution's Declaration of Rights, contained within Article 1, comprises 37 sections that enumerate an array of individual rights. Wyoming's framers expressed their belief in the importance of liberty, freedom, and equality as constitutional values requiring legal protection for the new state's citizens.

One of the key provisions in the Wyoming Constitution regarding voting is the secrecy of the ballot. This ensures that voters can cast their votes in private, without fear of pressure or retaliation. Another provision states that the names of all candidates for the same office must appear on the same ballot, providing voters with a clear and comprehensive choice.

The Wyoming Constitution also outlines the structure of the state government, which consists of three departments: the legislative, executive, and judicial branches. The legislative branch is responsible for making laws, the executive branch enforces them, and the judicial branch interprets them.

In terms of holding office, the Wyoming Constitution places a limit on the terms of state officials, who can serve only two terms. The term of office for elective county and state officers is four years. The constitution also grants the Governor the right to veto, which can be overridden by a two-thirds vote of both houses.

Additionally, the Wyoming Constitution has a special provision regarding the veto of appropriation bills, allowing any item in an appropriation bill to be vetoed. This provision gives the Governor significant power in shaping the state's budget and policy priorities.

Amendments to the Wyoming Constitution must be passed by a two-thirds vote of each house and then approved by a majority of voters in the general election, demonstrating the importance of both legislative and voter approval in the amendment process.

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Public money and religious institutions

The Wyoming Constitution was drafted in 1889, and became effective in 1890, when Wyoming became a state. The constitution was modelled on the U.S. Constitution, and contains provisions regarding monopolies, education, and religion.

The Wyoming Constitution contains provisions that prohibit the use of public money for any society or institution under religious control. Specifically, Article I, Section 7 of the Wyoming Constitution states:

> "No public money shall be appropriated for any society or institution under religious control."

This provision ensures that public funds are not used to support or promote any particular religious group or organisation. It is designed to maintain a separation between church and state, and to prevent religious institutions from receiving preferential treatment or funding from the government.

Additionally, the constitution also prohibits any sectarian instruction, qualifications, or tests in state-controlled schools. It also forbids the requirement of attendance at any religious service within these schools. These provisions extend to any public school or institution established under the Wyoming Constitution, including the University of Wyoming.

The constitution further stipulates that no funds from the permanent school fund shall be used to support or assist any private school or institution of learning controlled by any church or sectarian organisation. This ensures that public money allocated for education is used exclusively for non-sectarian public schools.

The Wyoming Constitution's provisions regarding public money and religious institutions reflect the state's commitment to religious liberty and the separation of church and state. These provisions aim to protect the religious freedom of all citizens by ensuring that government funds are not used to favour or promote any particular religious group over another.

Veto provision

Article 1, § 30 of the Wyoming Constitution states that "perpetuities and monopolies are contrary to the genius of a free state and shall not be allowed". This constitutional provision reflects the belief that liberty, freedom, and equality are important values that merit legal protection for the state's citizens.

The Wyoming Constitution also includes a veto provision, which grants the governor the right to veto. This power can be overridden by a two-thirds vote of both houses of the state legislature. Notably, any item of an appropriation bill may be vetoed by the governor. This provision ensures that the governor has a check on the legislative branch and can influence the allocation of financial resources.

The veto provision in the Wyoming Constitution is a key element of the system of checks and balances between the executive and legislative branches of the state government. It allows the governor to have a say in the legislative process and shape the policies and decisions made by the legislature. By requiring a two-thirds majority to override a veto, the constitution ensures that any legislation passed despite the governor's objections has a broad consensus of support.

The inclusion of this veto provision in the Wyoming Constitution demonstrates the framers' intention to create a balanced and accountable system of government. It empowers the governor to act as a check on the legislative branch, promoting a more deliberate and consensus-driven law-making process. This provision also underscores the importance of the executive branch in the state's governance, giving the governor a tool to protect the interests of the state's citizens and ensure that laws are carefully considered before being enacted.

Overall, the veto provision in the Wyoming Constitution is an important mechanism for maintaining a healthy balance of power between the executive and legislative branches, promoting accountability and consensus-building in the law-making process, and ultimately contributing to a more effective and responsive state government.

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