Jonah Patel
The Constitution of the Commonwealth of Kentucky, first adopted in 1792, has been rewritten three times and amended several more. The state's first constitution was largely based on the Pennsylvania 1790 Constitution, especially its Bill of Rights. Over the next eight years, ten constitutional conventions were called, each making progress toward a viable constitution. The 1792 Constitution provided for three branches of government – legislative, executive, and judicial – and a bicameral legislature called the General Assembly. The original constitution was revised substantially in subsequent constitutional conventions in 1799, 1850, and 1891.
| Characteristics | Values |
|---|---|
| Year of adoption | 1792 |
| Basis | Pennsylvania 1790 Constitution |
| Similarities | US Constitution |
| Number of branches of government | 3 |
| Legislature | Bicameral |
| Name of legislature | General Assembly |
| Number of constitutional conventions before adoption | 10 |
| Date of first constitutional convention | December 27, 1784 |
| Location of first constitutional convention | Danville, Lincoln County, Virginia |
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What You'll Learn
The 1792 Constitution
The 1799 Constitution abolished the electoral college, allowing senators, representatives, the governor, and the newly created office of lieutenant governor to be directly elected. The governor was given the power to appoint several local offices, including sheriffs, coroners, and justices of the peace. The 1799 Constitution also placed term limits on the governor, stipulating that a governor could not succeed themselves in office for a period of seven years.
The 1799 Constitution was considered regressive in some ways. It removed the progressive idea of voting by ballot in the General Assembly and made it more difficult to call a constitutional convention. It retained the pro-slavery provisions of the original constitution and disenfranchised free blacks, mixed-race persons, and Indians. By 1828, some in the General Assembly began calling for a new constitutional convention, which finally convened in 1849. The 1850 Constitution addressed the issue of the governor's appointment powers by making all state officials, including judges, popularly elected and imposing term limits on these offices.
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Influence of the Pennsylvania 1790 Constitution
Kentucky's first constitution, adopted in 1792, was largely based on the Pennsylvania Constitution of 1790. George Nicholas, often considered the primary architect of the document, deliberately drew from the Pennsylvania charter, which was considered among the more radical of its day. The influence of the Pennsylvania Constitution on the structure of Kentucky's first constitution was significant.
The Pennsylvania Constitution of 1790 established a framework for the government of the Commonwealth of Pennsylvania. It vested legislative power in a General Assembly, consisting of a Senate and a House of Representatives. The Representatives were to be chosen annually by the citizens of Philadelphia and each county. The Pennsylvania Constitution also outlined the qualifications for Representatives, including age, citizenship, and residency requirements.
The powers of each House were defined in the Pennsylvania Constitution, including the ability to judge the qualifications of its members and determine its rules of proceedings. The Constitution provided for the protection of the rights, privileges, and immunities of religious societies and corporate bodies. It also included a declaration of the equality and rights of men, stating that "all men are born equally free and independent" with inherent rights to life, liberty, and the pursuit of happiness.
The Kentucky Constitution of 1792 had several similarities to the United States Constitution, providing for three branches of government (legislative, executive, and judicial) and a bicameral legislature called the General Assembly. While there are no published debates for the 1792 Kentucky Constitution, researchers can look to the "Proceedings Relative to Calling the Conventions of 1776 and 1790" of the Pennsylvania Constitution for insight into its influences.
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The 1799 Constitution
Membership in both houses of the General Assembly was also restricted under the 1799 Constitution. Additionally, it eliminated the progressive concept of voting by ballot in the General Assembly. The first two Kentucky constitutions did not include a method for amendment, and the 1799 Constitution made calling a constitutional convention even more challenging.
One of the major points of contention with the 1799 Constitution was the governor's appointment of numerous officials. This issue was addressed in the 1850 Constitution, which made all state officials, including judges, popularly elected and imposed term limits on these offices.
While the Kentucky Constitution had always included provisions for the protection of slave property, pro-slavery forces sought and obtained even greater protections in the 1850 Constitution. New provisions included a requirement that slaves and their offspring remain within the state and a prohibition on ministers of religion—who were believed to be largely anti-slavery—from holding the office of governor or seats in the General Assembly.
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The 1850 Constitution
Additionally, the 1850 Constitution created a sinking fund to address the state's $4.5 million debt. To prevent future debt accumulation, the constitution mandated a maximum indebtedness of $500,000 for the state. This amount represented about a year's worth of revenue for the state at the time.
Another notable provision of the 1850 Constitution, which remains in the current version, is the ineligibility for public office of anyone who had participated in a duel since the ratification of the said constitution.
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The 1891 Constitution
The 1792 Constitution was based largely on the Pennsylvania 1790 Constitution, especially its Bill of Rights. It provided for three branches of government – legislative, executive, and judicial – and a bicameral legislature called the General Assembly. Over the next 67 years, two more constitutions were adopted, in 1799 and 1850, before the 1891 version was drafted.
The 1890-1891 Constitutional Convention that drafted the current state constitution was the subject of four volumes of debates. These transcripts are a chronological, continuously paginated record of the convention. However, the index to the debates has been criticised for being poorly designed, with an undue focus on cataloguing the comments of delegates. This problem was addressed to some extent by the 1989 publication, 'Index to the Debates of the 1890 Constitutional Convention'.
Despite some provisions that some claim are antiquated, the 1891 Constitution (as amended) remains the constitution that governs the Commonwealth of Kentucky today.
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Frequently asked questions
The first constitution of Kentucky was written by a constitutional convention called by Colonel Benjamin Logan on December 27, 1784, in Danville, Lincoln County, Virginia. It was accepted by the United States Congress on June 1, 1792, and made Kentucky the 15th state.
The first Kentucky constitution was largely based on the Pennsylvania 1790 Constitution, especially its bill of rights.
The 1792 Constitution provided for three branches of government – legislative, executive, and judicial – and a bicameral legislature called the General Assembly.
