The Colorado State Constitution

by Oesterle, Dale A.

• ISBN13: 9780313308499
• ISBN10: 0313308497
• Format: Hardcover
• Copyright: 2002-02-28
• Publisher: Greenwood Pub Group

Summary

Created in the roiling years of the Civil War, Reconstruction, and industrial expansion, Colorado's state constitution is indelibly marked by an overt suspicion toward elected and appointed officials (with good reason given their often dubious behavior). Not surprisingly, then, the Colorado Supreme Court has been called on to mediate the frequent and ongoing feuds between that state's citizens and their legislators, which it has done successfully, if spottily at times. The result is one of the longest and most detailed, but ultimately successful, state constitutions in the Union. Collins and Oesterle provide a brief history of the document's creation and evolution, then proceed to discuss the legislation and case law pertinent to understanding every article's and section's current legal interpretation. Valuable to scholars and students of local and legal history, and to practicing attorneys seeking to understand the groundwork of the Colorado state constitution, this reference book provides a wealth of historical and legal information critical to apprehending the past and present of a state that often is at the center of national political controversies.

Author Biography

DALE A. OESTERLE is Monfort Professor of Commercial Law at the University of Colorado at Boulder's School of Law.RICHARD B. COLLINS is Professor of Law at the University of Colorado at Boulder's School of Law.

Table of Contents

Series Foreword	xix
G. Alan Tarr
Preface	xxiii
PART I. THE CONSTITUTIONAL HISTORY OF COLORADO	1	(26)
Prelude to the 1875-1876 Constitutional Convention	2	(4)
The 1875-1876 Constitutional Convention	6	(3)
The Constitution in Place: Significant Amendments	9	(1)
Constitutional Moments	10	(17)
PART II: THE COLORADO CONSTITUTION AND COMMENTARY	27	(411)
Preamble	28	(1)
Boundaries	29	(2)
Bill of Rights	31	(61)
Introduction	31	(1)
Vestment of Political Power	32	(1)
People May Alter or Abolish Form of Government-Proviso	32	(1)
Inalienable Rights	32	(1)
Religious Freedom	33	(2)
Freedom of Elections	35	(1)
Equality of Justice	35	(2)
Security of Person and Property-Searches-Seizures-Warrants	37	(1)
Prosecutions-Indictment or Information	38	(1)
Treason-Estates of Suicides	39	(1)
Freedom of Speech and Press	40	(2)
Ex Post Facto Laws	42	(4)
No Imprisonment for Debt	46	(1)
Right to Bear Arms	46	(1)
Taking Private Property for Private Use	47	(1)
Taking Property for Public Use-Compensation, How Ascertained	47	(3)
Criminal Prosecutions-Rights of Defendant	50	(1)
Rights of Crime Victims	51	(1)
Imprisonment of Witnesses-Depositions-Form	52	(1)
Crimes-Evidence against One's Self-Jeopardy	52	(2)
Right to Bail-Exceptions	54	(1)
Excessive Bail, Fines or Punishment	55	(2)
Suspension of Habeas Corpus	57	(1)
Military Subject to Civil Power-Quartering of Troops	57	(1)
Trial by Jury-Grand Jury	58	(1)
Right to Assemble and Petition	59	(1)
Due Process of Law	59	(3)
Slavery Prohibited	62	(1)
Property Rights of Aliens	62	(1)
Rights Reserved Not Disparaged	63	(1)
Equality of the Sexes	63	(1)
Right to Vote or Petition on Annexation-Enclaves	64	(1)
Official Language	64	(1)
No Protected Status Based on Homosexual, Lesbian or Bisexual Orientation	65	(27)
Distribution of Powers	92	(6)
Executive Department	98	(15)
Officers-Terms of Office	98	(1)
Governor Supreme Executive	98	(1)
State Officers-Election-Returns	99	(1)
Qualifications of State Officers	99	(1)
Governor Commander-in-Chief of Militia	100	(1)
Appointment of Officers-Vacancy	100	(1)
Governor May Grant Reprieves and Pardons	101	(1)
Governor May Require Information from Officers-Message	102	(1)
Governor May Convene Legislature or Senate	103	(1)
Governor May Adjourn Legislature	103	(1)
Bills Presented to Governor-Veto-Return	104	(1)
Governor May Veto Items in Appropriation Bills-Reconsideration	104	(1)
Succession to the Office of Governor and Lieutenant Governor	105	(2)
Lieutenant Governor President of Senate [repealed]	107	(1)
No Lieutenant Governor-Who to Act as Governor [repealed]	107	(1)
Account and Report of Moneys	107	(1)
Executive Officers to Make Report [repealed]	108	(1)
State Seal	108	(1)
Salaries of Officers-Fees Paid into Treasury	108	(1)
State Librarian	108	(1)
Elected Auditor of State-Powers and Duties [repealed]	109	(1)
Principal Departments	109	(1)
Commissioner of Insurance	109	(4)
Legislative Department	113	(50)
General Assembly-Initiative and Referendum	113	(7)
Election of Members-Oath-Vacancies	120	(1)
Terms of Senators and Representatives	121	(1)
Qualifications of Members	122	(1)
Classification of Senators	122	(1)
Salary and Expenses of Members	122	(1)
General Assembly-Shall Meet When-Term of Members-Committees	123	(1)
Members Precluded from Holding Office	123	(1)
Increase of Salary-When Forbidden [repealed]	124	(1)
Each House to Choose Its Officers	124	(1)
Quorum	124	(1)
Each House Makes and Enforces Rules	125	(1)
Journal-Ayes and Noes to Be Entered-When	125	(1)
Open Sessions	125	(1)
Adjournment for More than Three Days	125	(1)
Privileges of Members	126	(1)
No Law Passed but by Bill-Amendments	126	(1)
Enacting Clause	126	(1)
When Laws Take Effect-Introduction of Bills	127	(1)
Bills Referred to Committee-Printed	127	(1)
Bill to Contain but One Subject-Expressed in Title	128	(1)
Reading and Passage of Bills	129	(1)
Caucus Positions Prohibited-Penalties	130	(1)
Effect of Sections 20 and 22a	130	(1)
Vote on Amendments and Report of Committee	130	(1)
Revival, Amendment or Extension of Laws	131	(1)
Special Legislation Prohibited	131	(2)
Eight-Hour Employment	133	(1)
Signing of Bills	134	(1)
Officers and Employees-Compensation	135	(1)
Extra Compensation to Officers, Employees, or Contractors Forbidden	135	(1)
Contracts for Facilities and Supplies	135	(1)
Salary of Governor and Judges to Be Fixed by Legislature-Term Not to Be Extended or Salaries Increased or Decreased [repealed]	136	(1)
Revenue Bills	136	(1)
Appropriation Bills	136	(1)
Disbursement of Public Money	137	(1)
Appropriations to Private Institutions Forbidden	138	(1)
Delegation of Power	139	(1)
Laws on Investment of Trust Funds	140	(1)
Change of Venue [repealed]	140	(1)
No Liability Exchanged or Released	140	(1)
Orders and Resolutions Presented to Governor	140	(1)
Bribery and Influence in General Assembly	141	(1)
Offering, Giving, Promising Money or Other Consideration [repealed]	142	(1)
Corrupt Solicitation of Members and Officers [repealed]	142	(1)
Member Interested Shall Not Vote	142	(1)
Representatives in Congress	142	(1)
General Assembly	143	(1)
Senatorial and Representative Districts	143	(1)
Composition of Districts	143	(2)
Revision and Alteration of Districts-Reapportionment Commission	145	(2)
Appointment of State Auditor-Term-Qualifications-Duties	147	(1)
Public Funding of Abortion Forbidden	148	(15)
Judicial Department	163	(30)
Vestment of Judicial Power	163	(1)
Appellate Jurisdiction	164	(1)
Original Jurisdiction-Opinions	165	(2)
Terms	167	(1)
Personnel of Court-Departments-Chief Justice	167	(2)
Election of Judges [repealed]	169	(1)
Term of Office	169	(1)
Qualifications of Justices	169	(1)
District Courts-Jurisdiction	169	(2)
Judicial Districts-District Judges	171	(1)
Qualifications of District Judges	172	(1)
Terms of Court	172	(1)
District Attorneys-Election-Term-Salary-Qualifications	173	(1)
Probate Court-Jurisdiction-Judges-Election-Term-Qualifications	173	(1)
Juvenile Court-Jurisdiction-Judges-Election-Term-Qualifications	173	(1)
County Judges-Terms-Qualifications	174	(1)
County Courts-Jurisdiction-Appeals	174	(1)
Compensation and Services	175	(1)
Laws Relating to Courts-Uniform	176	(1)
Vacancies	177	(1)
Rule-Making Power	178	(1)
process-Prosecution-In Name of People	179	(1)
Retirement and Removal of Justices and Judges	179	(3)
Judicial Nominating Commissions	182	(2)
Election of Justices and Judges	184	(1)
Denver County Judges	185	(8)
Suffrage and Elections	193	(9)
Qualifications of Elector	193	(1)
Qualifications of Elector-Residence on Federal Land	193	(1)
Suffrage to Women [repealed]	194	(1)
Educational Qualifications of Elector [repealed]	194	(1)
When Residence Does Not Change	194	(1)
Privilege of Voters	195	(1)
Electors Only Eligible to Office	195	(1)
General Election	196	(1)
Elections by Ballot or Voting Machine	196	(1)
No Privilege to Witness in Election Trial	197	(1)
Disfranchisement during Imprisonment	197	(1)
Purity of Elections	198	(1)
Election Contests-By Whom Tried	198	(4)
State Institutions	202	(4)
Established and Supported by State	202	(1)
Seat of Government-Where Located	202	(1)
Seat of Government-How Changed	202	(1)
Appropriation for Capitol Building [repealed]	203	(1)
Educational Institutions	203	(3)
Education	206	(22)
Supervision of Schools-Board of Education	206	(2)
Establishment and Maintenance of Public Schools	208	(1)
School Fund Inviolate	209	(1)
County Treasurer to Collect and Disburse	209	(1)
Of What School Fund Consists	209	(1)
County Superintendent of Schools	210	(1)
Aid to Private Schools, Churches, Sectarian Purpose, Forbidden	211	(1)
Religious Test and Race Discrimination Forbidden-Sectarian Tenets	212	(1)
State Board of Land Commissioners	213	(2)
Selection and Control of Public Lands	215	(3)
Compulsory Education	218	(1)
Regents of University	218	(1)
President of University	218	(1)
Control of University [repealed]	219	(1)
School Districts-Board of Education	219	(1)
Textbooks in Public Schools	219	(1)
Education-Funding	220	(8)
Revenue	228	(36)
Introduction	228	(1)
Fiscal Year	229	(1)
Tax Provided for State Expenses	229	(1)
Uniform Taxation-Exemptions	229	(7)
Homestead Exemption for Qualifying Senior Citizens	236	(1)
Public Property Exempt	237	(1)
Property Used for Religious Worship, Schools and Charitable Purposes Exempt	238	(2)
Self Propelled Equipment, Motor Vehicles, and Certain Other Movable Equipment	240	(1)
Municipal Taxation by General Assembly Prohibited	241	(1)
No County, City, Town to Be Released	241	(1)
Relinquishment of Power to Tax Corporations Forbidden	241	(1)
Corporations Subject to Tax	242	(1)
Maximum Rate of Taxation	242	(1)
Public Funds-Report of State Treasurer	243	(1)
Making Profit on Public Money-Felony	244	(1)
Private Property Not Taken for Public Debt	244	(1)
Boards of Equalization-Duties-Property Tax Administrator	245	(2)
Appropriations Not to Exceed Tax-Exceptions	247	(1)
Income Tax	248	(1)
License Fees and Excise Taxes-Use of	249	(1)
State Income Tax Laws by Reference to United States Tax Laws	249	(1)
The Taxpayer s Bill of Rights	250	(14)
Public Indebtedness	264	(16)
Pledging Credit of State, County, City, Town or School District Forbidden	264	(1)
No Aid to Corporations-No Joint Ownership by State, County, City, Town or School District	264	(1)
Student Loan Program	265	(3)
Public Debt of State-Limitations	268	(1)
Law Creating Debt	268	(1)
Debt for Public Buildings-How Created	268	(5)
Local Government Debt	273	(1)
State and Political Subdivisions May Give Assistance to Any Political Subdivision	273	(1)
City Indebtedness; Ordinance, Tax, Water Obligations Excepted [repealed]	274	(1)
This Article Not to Affect Prior Obligations [repealed]	274	(1)
1976 Winter Olympics [repealed]	275	(5)
Officers	280	(14)
When Office Expires-Suspension by Law	280	(1)
Personal Attention Required	281	(1)
Defaulting Collector Disqualified from Office	281	(1)
Disqualifications from Holding Office of Trust or Profit	281	(1)
Investigation of State and County Treasurers	281	(1)
Bribery of Officers Defined	282	(1)
Bribery-Corrupt Solicitation	282	(2)
Oath of Civil Officers	284	(1)
Oaths-Where Filed	284	(1)
Refusal to Qualify-Vacancy	284	(1)
Elected Public Officers-Term-Salary-Vacancy	285	(1)
Duel-Disqualifies for Office [repealed]	285	(1)
Personnel System of State-Merit System	285	(2)
State Personnel Board-State Personnel Director	287	(1)
Veterans' Preference	288	(6)
Impeachments	294	(3)
House Impeach-Senate Try-Conviction-When Chief Justice Presides	294	(1)
Who Liable to Impeachment-Judgment-No Bar to Prosecution	294	(1)
Officers Not Subject to Impeachment Subject to Removal	295	(2)
Counties	297	(16)
Counties of State	297	(1)
Removal of County Seats	297	(1)
Striking Off Territory-Vote	298	(1)
New County Shall Pay Proportion of Debt	299	(1)
Part Stricken Off-Pay Proportion of Debt	299	(1)
County Commissioners-Election-Term	299	(1)
Officers Compensation [repealed]	300	(1)
County Officers-Election-Term-Salary	300	(1)
Sheriff-Qualifications	301	(1)
Vacancies-How Filled	301	(1)
Elector Only Eligible to County Office	302	(1)
Justices of the Peace-Constables [repealed]	302	(1)
Other Officers	302	(1)
Classification of Cities and Towns	302	(1)
Existing Cities and Towns May Come under General Law	303	(1)
Compensation and Fees of County Officers	303	(1)
County Home Rule	304	(1)
Service Authorities	305	(2)
Intergovernmental Relationships	307	(6)
Corporations	313	(23)
Introduction	313	(3)
Unused Charters or Grants of Privilege [repealed]	316	(1)
Corporate Charters Created by General Law	316	(1)
Power to Revoke, Alter or Annul Charter	317	(2)
Railroads-Common Carriers-Construction-Intersection	319	(1)
Consolidation of Parallel Lines Forbidden	320	(1)
Equal Rights of Public to Transportation	321	(1)
Existing Railroads to File Acceptance of Constitution [repealed]	322	(1)
Eminent Domain-Police Power-Not to Be Abridged	322	(1)
Fictitious Stock, Bonds-Increase of Stock	323	(3)
Foreign Corporations-Place-Agent	326	(1)
Street Railroads-Consent of Municipality	327	(1)
Retrospective Law Not to Be Passed	328	(1)
Telegraph Lines-Consolidation	328	(1)
Railroad or Telegraph Companies-Consolidating with Foreign Companies	329	(1)
Contracts with Employees Releasing from Liability-Void	330	(6)
Mining and Irrigation	336	(11)
Commissioner of Mines	337	(1)
Ventilation-Employment of Children	337	(1)
Drainage	338	(1)
Mining, Metallurgy, in Public Institutions	338	(1)
Water of Streams Public Property	338	(1)
Diverting Unappropriated Water-Priority Preferred Uses	338	(4)
Right-of-Way for Ditches, Flumes	342	(1)
County Commissioners to Fix Rates for Water, When	343	(4)
Militia	347	(3)
Persons Subject to Service	347	(1)
Organization-Equipment-Discipline	348	(1)
Officers-How Chosen	348	(1)
Armories	348	(1)
Exemption in Time of Peace	348	(2)
Miscellaneous	350	(28)
Homestead and Exemption Laws	350	(1)
Lotteries Prohibited-Exceptions	350	(3)
Arbitration Laws	353	(1)
Felony Defined	353	(1)
Spurious and Drugged Liquors-Laws Concerning	354	(1)
Preservation of Forests	354	(1)
Land Value Increase-Arboreal Planting Exempt	355	(1)
Publication of Laws	355	(1)
Limited Gaming Permitted	355	(4)
U.S. Senators and Representatives-Limitations on Terms	359	(1)
Severability of Constitutional Provisions	360	(1)
Elected Government Officials-Limitation on Terms	361	(1)
Congressional Term Limits Amendment	361	(2)
Congressional Term Limits Declaration	363	(3)
Prohibited Methods of Taking Wildlife	366	(1)
Medical Use of Marijuana for Persons Suffering from Debilitating Medical Conditions	367	(11)
Amendments	378	(4)
Constitutional Convention-How Called	378	(1)
Amendments to Constitution-How Adopted	379	(3)
Home Rule Cities and Towns	382	(19)
Incorporated	382	(2)
Officers	384	(1)
Transfer of Government	384	(1)
First Charter	385	(1)
New Charters, Amendments or Measures	385	(2)
Home Rule for Cities and Towns	387	(1)
City and County of Denver Single School District-Consolidations	388	(1)
Conflicting Constitutional Provisions Declared Inapplicable	389	(1)
Procedure and Requirements for Adoption	389	(6)
City and County of Broomfield-Created	395	(2)
Officers-City and County of Broomfield	397	(1)
Transfer of Government	397	(1)
Sections Self Executing-Appropriations	398	(3)
Recall from Office	401	(10)
State Officers May Be Recalled	401	(1)
Form of Recall Petition	402	(1)
Resignation-Filling Vacancy	403	(1)
Limitation-Municipal Corporations May Adopt, When	404	(7)
Intoxicating Liquor	411	(2)
Repeal of Intoxicating Liquor Laws	411	(2)
Publication of Legal Advertising	413	(2)
Publication of Proposed Constitutional Amendments and Initiated and Referred Bills [repealed]	413	(2)
Old Age Pensions	415	(7)
Fund Created	415	(1)
Moneys Allocated to Fund	415	(1)
Persons Entitled to Receive Pensions	416	(1)
The State Board of Public Welfare to Administer Fund	417	(1)
Revenues for Old Age Pension Fund Continued	418	(1)
Basic Minimum Award	418	(1)
Stabilization Fund and Health and Medical Care Fund	419	(1)
Fund to Remain Inviolate	419	(1)
Effective Date	419	(3)
Public Utilities	422	(2)
Nuclear Detonations	424	(4)
Nuclear Detonations Prohibited-Exceptions	424	(1)
Election Required	424	(1)
Certification of Indemnification Required	424	(1)
Article Self-Executing	425	(1)
Severability	425	(3)
Great Outdoors Colorado	428	(10)
Great Outdoors Colorado Program	428	(1)
Trust Fund Created	429	(1)
Moneys Allocated to Trust Fund	429	(3)
Fund to Remain Inviolate	432	(1)
Trust Fund Expenditures	432	(1)
The State Board of the Great Outdoors Colorado Trust Fund	433	(2)
No Effect on Colorado Water Laws	435	(1)
No Substitution Allowed	436	(1)
Eminent Domain	436	(1)
Payment in Lieu of Taxes	436	(1)
Effective Date	436	(2)
Schedule	438	(7)
All Laws Remain Till Repealed	438	(1)
Contracts-Recognizances-Indictments	438	(1)
Territorial Property Vests in State	439	(1)
Duty of General Assembly	439	(1)
Supreme and District Courts-Transition	439	(1)
Judges-District Attorneys-Term Commence on Filing Oath	440	(1)
Seals of Supreme and District Courts	440	(1)
Probate Court-County Court	440	(1)
Terms Probate Court, Probate Judge, Apply to County Court, County Judge	440	(1)
County and Precinct Officers	440	(1)
Vacancies in County Offices	441	(1)
Constitution Takes Effect on President's Proclamation	441	(1)
First Election, Contest	441	(1)
First Election-Canvass	441	(1)
Senators-Representatives-Districts	442	(1)
Congressional Election-Canvass	442	(1)
General Assembly, First Session-Restrictions Removed	442	(1)
First General Election-Canvass	442	(1)
Presidential Electors 1876	443	(1)
Presidential Electors after 1876	443	(1)
Expenses of Convention	443	(1)
Recognizances, Bonds, Payable to People Continue	443	(2)
Bibliographical Essay	445	(4)
Table of Cases	449	(30)
Index	479