Simone Lawson
Wyoming's Constitution, drafted in 1889, is considered a scissors-and-paste document because it was assembled from sections pulled from the constitutions of many other states. The document was drafted in haste to meet the deadline for Wyoming's statehood proposal to be considered by Congress, and faced scrutiny for its brevity and the small number of voters who approved it. The Wyoming Constitution has been amended some 75 times since its adoption, and remains generally similar to the original document, governing the state of Wyoming and outlining its framework for governance, including the powers, structure, and limitations of the state government.
| Characteristics | Values |
|---|---|
| Length | 30,000 words |
| Nature of the document | A "scissors-and-paste" document, comprised of pieces from other documents |
| Exceptions | Water and irrigation, and women's rights |
| Amendments | Amended 75 times since its adoption |
| Rights | Declaration of Rights sets forth particular political and civil rights |
| Government structure | Three distinct branches of legislative, executive, and judicial departments |
| Powers of the Governor | Reduced compared to most states |
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What You'll Learn
- The Wyoming Constitution was a cut-and-paste job, with sections pulled from other states' constitutions
- It was drafted in haste to meet Congress's population deadline for statehood
- It includes unique provisions on water and irrigation rights
- It includes unique provisions on women's rights
- It is much longer and more detailed than the US Constitution
The Wyoming Constitution was a cut-and-paste job, with sections pulled from other states' constitutions
The Wyoming Constitution was drafted in 1889 and ratified in 1890, when Wyoming became the 44th state. It is the 11th longest state constitution and is much longer and more detailed than the United States Constitution and many other state constitutions. It is nearly 30,000 words long, making it more than six times the length of the US Constitution.
The Wyoming Constitution was indeed a cut-and-paste job, with sections pulled from other states' constitutions. Historian Phil Roberts described it as a "'scissors-and-paste' document, assembled from pieces of other constitutions. This was due to the necessity for haste—Wyoming's statehood proposal had to be introduced before Congress ended its session. As such, citizens had to vote on the Constitution at the November general election, leaving just 25 working days to draft the document. The delegates, aware of the time constraints, assembled sections from many other states' constitutions. Notably, the language and ideas in Wyoming's Constitution were similar to those of Washington, Montana, and the Dakotas, which were all admitted to the union in 1889.
There were, however, two major exceptions to the cut-and-paste process: water and irrigation, and women's rights. Wyoming's Constitution also included unique provisions, such as the establishment of a state university that was to be "equally open to students of both sexes, irrespective of race or colour". Additionally, the constitution diluted the power of the governor by requiring important decisions to be agreed upon by the governor and four other statewide elected officers.
While the Wyoming Constitution has been amended some 75 times since its adoption, it remains generally similar to the original document. Major amendments have been made to articles on judicial selection and public finance, and an amendment passed in 1974 made it difficult to adopt a state income tax.
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It was drafted in haste to meet Congress's population deadline for statehood
Wyoming's Constitution was drafted in 1889, and it became the 44th state on July 10, 1890. The document was drafted in haste to meet Congress's population deadline for statehood.
In the late 1880s, Democrats and Republicans in Wyoming Territory agreed that it was time for the territory to become a state. Statehood was attractive to the territory's businessmen and politicians as it offered more local control over land and water issues. However, one significant obstacle was the territory's population. Congress had a general rule that a territory needed to show a population of 60,000 people to qualify for statehood, and in December 1888, Wyoming had only 55,500 people.
With the territory's request for statehood pending before Congress, Governor Warren emphasized the necessity for haste in drafting a constitution. He wanted the document completed by the end of September, just 25 working days away, so that Wyoming citizens could vote on it at the November general election. Knowing their time was short, the delegates assembled a "scissors-and-paste" document, pulling sections from the constitutions of many other states. The final document, nearly 30,000 words long, was ratified on November 5, 1889, by a vote of 6,272 to 1,923 (or 1,903, according to another source).
The Wyoming Constitution has been amended some 75 times since its adoption but remains generally similar to the original document. It is the 11th longest of any state constitution and is much longer and more detailed than the US Constitution and many other state constitutions.
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It includes unique provisions on water and irrigation rights
Wyoming's constitution is considered a "scissors-and-paste" document because it was assembled from sections pulled from the constitutions of many other states, including Washington, Montana, and the Dakotas. However, there were two major exceptions to this process: water and irrigation rights, and women's rights.
The Wyoming Constitution includes unique provisions on water and irrigation rights, which reflect the 19th-century distrust of legislative power. The constitution states that the water of all natural streams, springs, lakes, or other collections of still water is the property of the state. This is based on the doctrine of prior appropriation, which means that the first to put the water to beneficial use has the first right, or "first in time is first in right." As a result, water rights in Wyoming are regulated by priority, with the earliest rights taking precedence during periods of limited supply.
The state engineer is the chief administrator of Wyoming's waters and is responsible for issuing permits for water rights. The state is divided into four water divisions, each with its own superintendent who assists in administering the waters. These superintendents, along with the state engineer, constitute the state board of control, which meets quarterly to finalize water rights and consider other matters related to water rights.
Wyoming law also provides specific requirements for subdividing land with water rights attached. Developers must either voluntarily abandon the water rights, transfer the rights to other lands, or develop a subdivision irrigation plan that protects the water rights of individual lot owners. Additionally, water rights that are not used for five successive years when water is available are considered abandoned, following a statutory procedure.
The unique provisions on water and irrigation rights in Wyoming's constitution reflect the importance of local control over water issues during the state's transition from territory to statehood in the late 1880s.
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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)
It includes unique provisions on women's rights
Wyoming's constitution is considered a "scissors-and-paste" document because it was assembled by cutting and pasting sections from the constitutions of other states. However, there were two major exceptions to this process: water and irrigation, and women's rights.
Wyoming's Constitution includes unique provisions on women's rights, making it the first state or territory to grant suffrage to women on equal footing with men. This right was written into Article 6 of the constitution, ensuring universal suffrage regardless of gender. Women in Wyoming were not only granted the right to vote but also the rights to hold public office, own and inherit property, and have guardianship of minor children.
The first female justice of the peace in the US, Esther Hobart Morris, was appointed in Wyoming in 1870. The first woman in Wyoming to cast a ballot under the world's first law granting women equal and unrestricted voting rights was Louisa Swain in 1870. The first woman elected to a statewide office in Wyoming was Estelle Reel, who became the superintendent of public instruction in 1894. The first female legislator in Wyoming was Mary Godat Bellamy in 1910, and the first female mayor in the state was Susan Wissler in 1911.
Wyoming played a significant role in the fight for women's suffrage nationwide. In 1919, 50 years after Wyoming women won the right to vote, Congress passed the 19th Amendment to the Constitution, granting women the same rights across the nation. Wyoming suffragists organized for a final push, and in 1920, Wyoming became the 27th state to ratify the amendment.
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It is much longer and more detailed than the US Constitution
The Wyoming Constitution is much longer and more detailed than the US Constitution. At nearly 30,000 words, it is more than six times the length of the US Constitution. It is the 11th longest of any state constitution.
The Wyoming Constitution is a "scissors-and-paste" document, assembled from sections pulled from the constitutions of many other states, including Washington, Montana, and the Dakotas, which were admitted to the union in 1889. It was drafted in haste, as Wyoming citizens had to vote on the Constitution at the November general election, just 25 working days away.
Despite its "cut-and-paste" nature, the Wyoming Constitution is fundamentally different from the US Constitution in terms of length, scope, and focus. While the US Constitution deals with national issues, the Wyoming Constitution focuses on state-level governance, outlining the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
The Wyoming Constitution begins with a Declaration of Rights, comprising 39 sections. This article includes language and ideas from the then-existing 15 amendments of the US Constitution, codifying rights not specifically mentioned in the national document. For example, it states that "all power is inherent in the people" and that "all members of the human race are equal... in their inherent right to life, liberty, and the pursuit of happiness."
The Wyoming Constitution also differs from the US Constitution in terms of the number of elected executive officers. While the president and vice president are the only two executive officers elected nationwide, Wyoming's constitution provides for the statewide election of the governor and four other officers: the secretary of state, treasurer, auditor, and superintendent of public instruction. This structure diffuses power away from the governor, as each member has a single vote on policy matters.
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Frequently asked questions
Wyoming's Constitution was drafted in haste in 1889, as the territory was seeking statehood. It is considered a scissors-and-paste document because it was assembled from sections pulled from the constitutions of many other states.
Democrats and Republicans in Wyoming Territory agreed by the late 1880s that they wanted statehood, as it offered more local control over land and water issues. However, there was a population requirement of 60,000 people, and Wyoming's population was only 55,500 in 1888. Wyoming eventually became a state in 1890.
There were two major exceptions to the scissors-and-paste approach: water and irrigation, and women's rights. Wyoming's Constitution also reflected 19th-century distrust of legislative power and included sections limiting it.
The Wyoming Constitution is the 11th longest of any state constitution and is much longer and more detailed than the US Constitution and many other state constitutions. At nearly 30,000 words, it is more than six times the length of the US Constitution.
The Wyoming Constitution is focused on governing a state, while the US Constitution deals with national issues. The Wyoming Constitution also has a different structure for its executive branch, with the governor and four other officers elected statewide. Additionally, Wyoming's Declaration of Rights places broader limitations on the role of government compared to the US Constitution.
