Malcolm Rivera
The Wyoming Constitution was drafted in 1889 and ratified in 1890, when Wyoming became a state. The motivations for drafting the constitution were twofold: firstly, to establish Wyoming as a state and, secondly, to outline the rights and responsibilities of its citizens, including the protection of women's rights to vote and hold office, and the establishment of state ownership of water resources. The document was also designed to provide a framework for the legislative, executive, and judicial branches of government, with a particular focus on limiting the role of government and protecting individual freedoms.
| Characteristics | Values |
|---|---|
| Year drafted | 1889 |
| Number of delegates | 49 |
| Number of attendees | 45 |
| Number of Republicans | 31 |
| Number of Democrats | 18 |
| Number of delegates who did not sign | 4 |
| Date ratified | November 5, 1889 |
| Ratification vote | 6,272 to 1,923 |
| Date admitted to the Union | July 10, 1890 |
| Number of amendments | 71 or 75 |
| Population at the time | 55,500 |
| Population requirement for statehood | 60,000 |
| Position in length compared to other state constitutions | 11th |
| Number of articles | 21 |
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What You'll Learn
The US Constitution was the primary model for the Wyoming Constitution
The Wyoming Constitution was drafted in 1889 and ratified by voters on November 5, 1889. It is the state's first and only constitution. The Wyoming Constitution was amended some 75 times, with voters last approving a new amendment in 2024. The US Constitution was the primary model for the Wyoming Constitution.
The US Constitution, drawn up 100 years before the Wyoming Constitution, served as the foundation for the latter. The delegates to the Wyoming Constitutional Convention, who were chosen in a special election, were in a hurry to produce a document quickly to put pressure on Congress to admit Wyoming as a new state. They assembled the document in just 25 days. The Wyoming Constitution is much longer and more detailed than the US Constitution, with nearly 30,000 words, making it more than six times the length of the US Constitution.
Despite their differences in length and the time gap in their creation, the two constitutions share similarities. Both documents recognise the inherent power of the people and the equality of all members of the human race in their inherent right to life, liberty, and the pursuit of happiness. The Wyoming Constitution also acknowledges the US Constitution as the supreme law of the land, stating that Wyoming is an "inseparable part of the federal union".
However, the Wyoming Constitution also includes unique provisions that set it apart from the US Constitution. Notably, it includes Article 6: Suffrage, which protects women's rights to vote and hold office, and Article 8: Irrigation and Water Rights, reflecting the state's specific concerns regarding water allocation. These additions demonstrate the unique character of Wyoming's constitution, addressing issues relevant to the state's context and history.
In conclusion, while the US Constitution served as the primary model for the Wyoming Constitution, the latter document exhibits distinct features tailored to Wyoming's specific needs and circumstances, particularly regarding suffrage and water rights. The process of drafting the Wyoming Constitution highlights the importance of adapting foundational documents to reflect the evolving nature of "we the people" and their diverse representations.
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Water and irrigation rights were a key focus
The Wyoming Constitution, drafted in 1889, is the 11th longest of any state constitution in the US. It is much longer and more detailed than the US Constitution and many other state constitutions. Water and irrigation rights were a key focus of the Wyoming Constitution, with Article VIII involving water and irrigation being described as revolutionary.
The constitution set up a complete system of water allocation, unique among states at the time, and firmly established the principle of state ownership of the resource. The document declared that the state owned all waters within its borders, including all natural streams, springs, lakes, and other collections of still water. This allowed the state to intervene in issues of water allocation, with the state engineer acting as the chief administrator of Wyoming's waters.
The system of water allocation was based on the "doctrine of prior appropriation," also known as "first in time, first in right." This meant that the first person or entity to put water to beneficial use had the first right to it. During periods of limited water supply, those with earlier priority dates would be entitled to water, while those with later priority dates would be denied.
Water rights could be obtained before 1890 by using water and filing a claim with territorial officials, resulting in what are now known as "territorial" water rights. Since Wyoming became a state in 1890, the only way to acquire water rights is by securing a permit from the state engineer. The state engineer's office plays a crucial role in reviewing and approving water rights transfers and subdivision irrigation plans.
Wyoming's focus on water and irrigation rights in its constitution was a significant step in managing this vital resource and ensuring its allocation and usage were well-regulated.
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Women's rights were protected
In 1869, Wyoming's first territorial legislature passed a bill allowing women the right to vote and hold public office. The bill, entitled "An Act to Grant to the Women of Wyoming Territory the Right of Suffrage, and to Hold Office", was signed into law on December 10, 1869, by Governor John Campbell, making Wyoming the first government in the world to grant full voting rights to women.
When Wyoming became a state in 1890, women retained the right to vote. The Wyoming Constitution of 1889 included a provision protecting women's suffrage, which caused controversy when the statehood question came before Congress that year. Some delegates feared that continuing to allow women to vote would jeopardize Wyoming's chances of becoming a state, and they were right. The U.S. Congress pushed back against the provision, and the Wyoming delegation in D.C. was informed that women's suffrage had become an obstacle delaying their statehood application. However, the provision was ultimately allowed to stand.
The inclusion of women's suffrage in the Wyoming Constitution was the result of a broader movement for women's rights in the territory. Women like Esther Hobart Morris, Amalia Post, and Theresa Jenkins worked hard to ensure that women's suffrage remained the law in Wyoming and at national suffrage meetings. By the 1880s, nearly 90% of Wyoming women were voting, and some were holding office in a range of capacities. Wyoming women had also served on juries and held positions such as postmaster and state legislator.
The Wyoming Constitution's protection of women's suffrage was also influenced by the territory's unique characteristics. Wyoming was sparsely populated and had a significant female population due to the frontier life. As a result, some legislators felt that women should have a say in how the territory was run. Additionally, many legislators had moved from Midwestern states where women's suffrage reform had been debated for years, and they were aware of the discussions and efforts taking place across the nation.
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![Revised Statutes of Wyoming, in Force January 1, 1887 / Including the Declaration of Independence, the Articles of Confederation, the Constitution of the United States, the 1887 [Leather Bound]](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
Wyoming's Constitution is much longer than the US Constitution
The Wyoming Constitution, drafted in 1889, is the state constitution of Wyoming. It was adopted on September 30, 1889, and ratified by voters on November 5, 1889. Wyoming became a state the following year on July 10, 1890. The Wyoming Constitution has been amended 71 times and voters last approved a new amendment on November 5, 2024.
The Wyoming Constitution is much longer than the US Constitution. At nearly 30,000 words, it is more than six times the length of the US Constitution. The Wyoming Constitution consists of 21 articles, with Article 1, "Declaration of Rights", consisting of 39 sections. The US Constitution, on the other hand, is a much shorter document that was drafted 100 years before the Wyoming Constitution.
The length of the Wyoming Constitution can be attributed to several factors. Firstly, the delegates who drafted the document were in a hurry to produce it quickly to put pressure on Congress to admit Wyoming as a new state. As a result, they assembled a document in just 25 days, mostly by copying and pasting sections from other state constitutions. However, there were two major exceptions to this process: water and irrigation, and women's rights. The delegates included revolutionary provisions, such as Article VIII, which set up a complete system of water allocation and established the principle of state ownership of water resources. This was a unique feature among states at that time. Additionally, the Wyoming Constitution included provisions protecting women's rights to vote and hold office, which had been the law in Wyoming Territory since 1869. These provisions caused controversy when the Wyoming statehood question came before Congress in 1890 but were ultimately allowed to stand.
Another factor contributing to the length of the Wyoming Constitution is its level of detail and the range of topics it covers. In addition to the Declaration of Rights, which sets forth political and civil rights and limitations on the role of government, the Wyoming Constitution also includes articles on the distribution of powers, the legislative department, the judicial department, suffrage and elections, education, irrigation and water rights, mines and mining, and more. These articles provide a comprehensive framework for the state's governance, addressing specific issues that may not have been covered in the US Constitution.
Furthermore, the Wyoming Constitution includes language and ideas from many of the then-existing fifteen amendments of the US Constitution, as well as additional rights and sentiments that were not specifically reserved to individuals in the national document. For example, Article I of the Wyoming Constitution contains statements such as "all power is inherent in the people" and "all members of the human race are equal in their inherent right to life, liberty, and the pursuit of happiness." These additional provisions contribute to the overall length of the document.
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The Wyoming Constitution offers greater protection to citizens in some cases
The Wyoming Constitution was drafted in 1889, with 49 of the 55 elected members assembling in Cheyenne to write a constitution for the new state of Wyoming. The U.S. Constitution was their primary model, and the document was amended some 75 times before adoption. The Wyoming Constitution 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 offers greater protection to its citizens in several ways. Firstly, it guarantees the right to privacy and the secrecy of the ballot during elections. The constitution states that "all voters shall be guaranteed absolute privacy in the preparation of their ballots, and the secrecy of the ballot shall be made compulsory." This ensures that voters can make their choices without influence or intimidation and that their votes remain confidential.
Another way the Wyoming Constitution protects citizens' rights is by ensuring political equality regardless of race, colour, sex, or any other circumstance. The constitution states that "equality in the enjoyment of natural and civil rights is only made sure through political equality." This means that laws affecting political rights and privileges must treat all citizens equally and without distinction, except in cases of individual incompetency or unworthiness determined by a competent court.
The Wyoming Constitution also includes provisions for the protection and promotion of the health and morality of its citizens. It recognises that health and morality are essential to the well-being and stability of the state. As such, the legislature has a duty to encourage temperance and virtue and restrict vice and immorality to safeguard the public welfare.
Furthermore, the Wyoming Constitution provides protections against assault and battery, specifically for females. While this may be controversial today, it demonstrates how the constitution sought to protect a specific group of citizens by imposing greater penalties for crimes against them.
Overall, the Wyoming Constitution, with its detailed provisions and amendments, aimed to secure greater protection for its citizens' rights, liberties, health, and well-being.
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Frequently asked questions
The major motivations for drafting the Wyoming Constitution were to outline the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. Wyoming wanted to become a state, and drafting a constitution was a necessary step.
The delegates who drafted the constitution were in a hurry because they knew that if they could produce a document quickly, it would put more pressure on Congress to admit Wyoming as a new state.
Wyoming's Constitution was much longer and more detailed than the United States Constitution and many other state constitutions. It was also unique in its provisions for women's rights and its articles on water and irrigation, which established the principle of state ownership of water resources.
The process for drafting the Wyoming Constitution involved 49 delegates from across Wyoming Territory who assembled in Cheyenne in September 1889. They used the U.S. Constitution as their primary model, but also borrowed language and ideas from the constitutions of other states, resulting in a "cut-and-paste" or "scissors-and-paste" job.
Some key features of the Wyoming Constitution include its Declaration of Rights, which consists of 39 sections outlining specific political and civil rights. It also establishes three distinct branches of government: legislative, executive, and judicial. The constitution sets up a unique structure for the executive branch, with the governor and four other officers elected statewide, diffusing the power of the governor compared to other states.
