The Connecticut Constitution: A Historical Overview

when was the connecticut constitution written

Connecticut has been officially known as The Constitution State since 1959. The state's first constitution, the Fundamental Orders of Connecticut, was adopted in 1639 and is considered by many to be the world's first written constitution. The current state constitution was implemented in 1965, replacing the earlier constitution of 1818. Since its implementation, the Connecticut state constitution has been amended 31 times.

Characteristics Values
Date of the current Connecticut Constitution 1965
Date of the previous Connecticut Constitution 1818
Date of the Fundamental Orders of Connecticut 1639
Date of the Charter of the Colony of Connecticut 1662
Number of amendments to the current Connecticut Constitution 31
Date of the first amendment to the current Connecticut Constitution November 25, 1970

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The Fundamental Orders of 1639

The document was inspired by a sermon delivered by Reverend Thomas Hooker in 1638 and was drafted by Roger Ludlow of Windsor, who was the only trained lawyer in the colony. It provided the framework for the government of the Connecticut colony from 1639 to 1662. The Fundamental Orders consisted of a preamble and 11 orders or laws, which followed the Massachusetts government model and were consistent with 17th-century trading company charters.

The preamble bound the towns of Windsor, Hartford, and Wethersfield to be governed in all civil matters by the Orders. The 11 orders called for the convening of general courts every April and September, with a governor and six magistrates chosen at the April Court of Election. No man could serve as governor for more than one year, a restriction that lasted until 1660. The governor and magistrates composed the nucleus for an Upper House and were to be elected by all free men at the Court of Election.

The Fundamental Orders also prescribed regulations for nomination and election and set forth conditions for calling the General Court into special session. Importantly, the Orders omitted all reference to the authority of the British Crown or any other external authority, and the General Court was given supreme authority over the towns and their inhabitants. The General Court was granted all legislative, executive, judicial, and administrative authority, including the power to adopt and repeal laws, impose taxes, distribute land, and enact legislation to promote the general good.

The Fundamental Orders established the right to create the form of government under which one shall live, a right that was not enjoyed by Englishmen at the time. The settlers also established provisions for annual elections, the secret ballot, rotation in office, and freedom of speech for elected representatives. These individual rights, with others added over the years, are still included as a "Declaration of Rights" in the first article of the current Connecticut Constitution, adopted in 1965.

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The Constitution of 1818

The 1818 Constitution came about as a response to growing calls for judicial independence, particularly after the notorious Peter Lung Case in 1815, where the General Assembly overturned a murder conviction, sparking outrage among Connecticut's judges. The case highlighted the need for a clear separation of powers between the legislative and judicial branches.

Additionally, the 1818 Constitution provided for the election of local officials, such as selectmen and local police officers, by each town's citizens. It also addressed the role of the house of representatives and the senate in the state's governance. In cases where electors failed to make a choice due to an equal number of votes, the house of representatives was given the authority to designate the elected candidate. The constitution further stipulated that the house of representatives and the senate would each be the final judge of the election returns and qualifications of its members.

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The current state constitution

The current Connecticut State Constitution, the state's second constitution since the establishment of the United States, was approved by referendum and proclaimed by the governor on December 14 and December 30, 1965, respectively. It replaced the earlier constitution of 1818, which was in effect from 1818 until 1965. The 1965 constitution absorbed most of its 1818 predecessor and incorporated several important modifications.

The 1965 constitution comprises 14 articles and has been amended 31 times since its implementation. Notable amendments include:

  • November 25, 1970 — Added the office of Attorney General to the list of state officers.
  • November 25, 1970 — Changed the minimum age for state-elected offices to 21, except in cases provided for in the constitution.
  • November 25, 1970 — Created a requirement for annual, not biennial, general sessions of the legislature.
  • December 22, 1972 — Established a six-person jury for criminal trials (twelve for capital offenses) and the right of peremptory challenge.
  • November 27, 1974 — Prohibited sexual discrimination.
  • November 27, 1974 — Removed the position of Justice of the Peace.
  • November 24, 1976 — Reduced the age requirement for an elector from 21 to 18 and relaxed the residency and reading requirements.
  • November 29, 2000 — Repealed Section 25 of Article 4 of the Constitution, eliminating the county sheriffs.
  • November 26, 2008 — Granted pre-registered electors who have not yet turned 18 the right to vote in primary elections, provided they will be 18 on or before the date of the respective general election.

The Connecticut Constitution outlines the state's system of governance, including the separation of powers into three branches: legislative, executive, and judicial. It also includes a Declaration of Rights, analogous to the United States Bill of Rights, which guarantees rights such as freedom of speech, assembly, a speedy trial, the right to bear arms, and freedom of religion.

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Connecticut's nickname: The Constitution State

Connecticut, officially known as "The Constitution State" since 1959, earned its nickname from its early adoption of the Fundamental Orders in 1639, which are considered the world's first written constitution. The Fundamental Orders established the framework for Connecticut's government, voting eligibility, and law-making processes.

The origins of the Fundamental Orders can be traced back to the ideas presented by Reverend Thomas Hooker in 1638. Hooker advocated for a government that respected the religious background of the colony's founders. The orders called for "an orderly and decent government according to God" and the "liberty and purity of the gospel of our Lord Jesus." They stipulated that the governor should always be a member of an approved congregation, and voting rights were limited to those who met certain property qualifications.

The Connecticut Colony at Hartford was governed by the Fundamental Orders, while the Quinnipiac Colony at New Haven had its own constitution, the "Fundamental Agreement of the New Haven Colony," signed in 1639. In 1662, King Charles II of England granted governmental authority and a royal charter to the Connecticut colonies. These documents laid the groundwork for the state's government but lacked the characteristics typically associated with a constitution.

Over time, Connecticut's government evolved, and the colony elected its own governor and appointed its own judges, moving towards a bicameral legislature with a strong governor and an independent judiciary. The legislative body, known as the General Court, began as a one-house legislature with supreme authority. However, in 1698, the General Court split into the General Assembly, consisting of the Council and the Assembly. This body continued to dominate the executive and judiciary branches until 1818.

In summary, Connecticut's nickname, "The Constitution State," reflects its early adoption of the Fundamental Orders in 1639, which established the state's commitment to a constitutional framework for its government and earned it a notable place in the history of western civilization.

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Amendments to the Constitution

The Connecticut Constitution has been amended 31 times since its implementation in 1965. The current state constitution, which replaced the earlier constitution of 1818, was approved by referendum on December 14, 1965, and proclaimed by the governor on December 30, 1965.

The process of amending the Connecticut Constitution begins with the General Assembly. A joint resolution proposing a constitutional amendment must pass each house of the General Assembly with a three-fourths majority vote.

  • November 25, 1970: The office of Attorney General was added to the list of state officers.
  • November 25, 1970: The minimum age for state-elected offices was changed to 21, except in cases provided for in the constitution.
  • November 25, 1970: A requirement for annual, rather than biennial, general sessions of the legislature was created.
  • December 22, 1972: A six-person jury for criminal trials (excluding capital offenses, which require a twelve-person jury) was established, along with the right of peremptory challenge.
  • November 27, 1974: Sexual discrimination was prohibited.
  • November 27, 1974: The article defining the amendment process underwent minor changes in wording.
  • November 27, 1974: Electorship was revised from a "privilege" to a "right."
  • November 27, 1974: The position of Justice of the Peace was removed.
  • November 24, 1976: The age requirement for an elector was reduced from 21 to 18, and residency and reading requirements were relaxed.
  • November 29, 2000: Section 25 of Article 4 of the Constitution was repealed, eliminating county sheriffs.
  • November 26, 2008: Pre-registered electors who had not yet turned 18 were granted the right to vote in primary elections, provided they would attain the age of 18 on or before the date of the respective general election.

Frequently asked questions

The first Connecticut Constitution, the Fundamental Orders, was written in 1638-39.

Yes, the Fundamental Orders were amended in 1662 with the Charter of the Colony of Connecticut. However, the local government continued to operate under the previous rules.

The second constitution was written in 1818.

The 1818 Constitution was in effect until 1965 when it was replaced by the current state constitution.

The current Connecticut Constitution has been amended 31 times.

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