The Kansas State Constitution

by Heller, Francis H.

• ISBN13: 9780199778997
• ISBN10: 019977899X
• Format: Hardcover
• Copyright: 2011-04-18
• Publisher: Oxford University Press

Summary

Formally, Kansas still operates under a constitution dating from 1959. However, its present day basic law differs importantly from the original text. In The Kansas State Constitution, Francis H. Heller offers an unprecedented explanation of Kansas's experience with "incremental revision." In The Kansas State Constitution, Francis H. Heller carefully traces the history and development of the Kansas state constitution. Heller includes the constitutional text in its entirety and offers accompanying descriptions of specific constitutional provisions. These descriptions provide readers with important information about the origins each provision, as well as ways in which the courts and other governmental bodies have interpreted them. A bibliographical essay describing the most important sources of the constitutional history and constitutional law of Kansas, making this an indispensable for students, scholars, and practitioners of Kansas's constitution. The Oxford Commentaries on the State Constitutions of the United States is an important new series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.

Author Biography

Daniel B. Rodriguez, Minerva House Drysdale Regents Chair in Law, The University of Texas School of Law Francis H. Heller is the Roy A. Roberts Distinguished Professor Emeritus of Law and Political Science at the University of Kansas.

Table of Contents

Series Foreword	p. xiii
Foreword	p. xv
Introduction	p. 1
The History of the Kansas Constitution
First Efforts to Write a Constitution	p. 5
The Wyandotte Constitution	p. 6
Sources of the Wyandotte Constitution	p. 12
Last Steps on the Road to Statehood	p. 13
Adapting the Constitution	p. 13
The Political Climate of the New State	p. 15
Correcting Errors: The First Two Amendments	p. 16
Suffrage and Elections	p. 17
The Executive Branch	p. 17
The Legislative Branch	p. 18
The Judicial Branch	p. 21
Local Government	p. 22
Civil Liberties and Civil Rights	p. 23
Prohibition	p. 23
Taxation	p. 24
Corporations	p. 25
Highways and Public Works	p. 26
Welfare	p. 26
Labor	p. 26
Summary Observations	p. 27
Wholesale Revision by the Incremental Method	p. 27
Post-1974 Amendments	p. 36
The Kansas Constitution and Commentary
Preamble	p. 43
Bill of Rights	p. 47
Equal Rights	p. 48
Political Power; Privileges	p. 49
Right of Peaceable Assembly; Petition	p. 50
Bear Arms; Armies	p. 50
Trial byjury	p. 50
Slavery Prohibited	p. 51
Religious Liberty	p. 51
Habeas Corpus	p. 53
Bail	p. 53
Trial; Defense of Accused	p. 54
Liberty of Press and Speech; Libel	p. 55
No Forfeiture of Estate for Crimes	p. 55
Treason	p. 56
Soldiers' Quarters	p. 56
Search and Seizure	p. 56
Imprisonment for Debt	p. 57
Property Rights of Citizens and Aliens	p. 57
Justice without Delay	p. 57
Emoluments or Privileges Prohibited	p. 59
Powers Retained by People	p. 59
Executive	p. 61
Executive Officers; Selection; Terms	p. 61
[Removed]	p. 62
Executive Power of Governor	p. 62
Reports to Governor	p. 63
Governor's Duties for Legislature; Messages; Special Sessions; Adjournment	p. 63
Reorganization of State Agencies of Executive Branch	p. 63
Pardons	p. 64
[Removed]	p. 64
State Seal and Commissions	p. 65
[Removed]	p. 65
Vacancies in Executive Offices	p. 65
Lieutenant Governor	p. 65
[Removed]	p. 66
[Removed]	p. 66
Compensation of Officers	p. 66
[Removed]	p. 66
Legislative	p. 67
Legislative Power	p. 67
Senators and Representatives	p. 68
Compensation of Members of Legislature	p. 69
Qualifications of Members	p. 69
Eligibility and Disqualification of Members	p. 69
[Removed]	p. 69
[Removed]	p. 70
Organization and Sessions	p. 70
Vacancies in Legislature	p. 71
Journals	p. 71
[Removed]	p. 71
Origination by Either House	p. 71
Majority for Passage of Bills	p. 72
Approval of Bills; Vetoes	p. 72
Requirements before Bill Passed	p. 73
Subject and Title of Bills; Amendment or Revival of Statutes	p. 74
Uniform Operation of Laws of a General Nature	p. 74
Election or Appointment of Officers; Filling Vacancies	p. 75
Publication of Acts	p. 75
Enacting Clause of Bills; Laws Enacted only by Bill	p. 75
Delegation of Powers of Local Legislation and Administration	p. 76
Legislative Immunity	p. 76
[Removed]	p. 76
Appropriations	p. 76
[Removed]	p. 77
[Removed]	p. 77
Impeachment	p. 77
Officers Impeachable; Grounds; Punishment	p. 77
[Removed]	p. 77
Delegations to Interstate Bodies	p. 78
Judicial	p. 79
Judicial Power; Seals; Rules	p. 79
Supreme Court	p. 80
Jurisdiction and Terms	p. 80
Reporter; Clerk	p. 80
Selection of justices of the Supreme Court	p. 81
District Courts	p. 82
Qualifications of justices and Judges	p. 84
Prohibition of Political Activity by Justices and Certain Judges	p. 84
[Removed]	p. 85
[Removed]	p. 85
[Removed]	p. 85
Extension of Terms until Successor Qualified	p. 85
Compensation of Justices and Judges; Certain Limitation	p. 85
[Removed]	p. 86
Removal of Justices and Judges	p. 86
Savings Clause	p. 86
Elections	p. 89
Mode of Voting	p. 89
General Elections	p. 89
Recall of Elected Officials	p. 90
[Removed]	p. 90
[Removed]	p. 90
Suffrage	p. 91
Qualifications of Electors	p. 91
Disqualification to Vote	p. 92
[Removed]	p. 92
Proof of Right to Vote	p. 92
[Removed]	p. 93
[Removed]	p. 93
Privileges of Electors	p. 93
[Removed]	p. 93
Education	p. 95
Schools and Related Institutions and Activities	p. 96
State Board of Education and State Board of Regents	p. 96
Members of State Board of Education and State Board of Regents	p. 97
Commissioner of Education	p. 98
Local Public Schools	p. 99
Finance	p. 99
Savings Clause	p. 99
	p. 101
Benevolent Institutions	p. 101
[Removed]	p. 101
[Removed]	p. 102
Aged and Infirm Persons; State Participation	p. 102
Unemployment Compensation; Old-Age Benefits; Taxation	p. 102
Tax Levy for Certain Institutions	p. 102
Militia	p. 105
Composition; Exemption	p. 105
Organization	p. 106
Officers	p. 106
Commander in Chief	p. 106
County and Township Organization	p. 107
Counties	p. 108
County and Township Officers	p. 108
[Removed]	p. 109
[Removed]	p. 109
Removal of Officers	p. 109
Apportionment of the Legislature	p. 111
Reapportionment of Senatorial and Representative Districts	p. 112
[Removed]	p. 113
[Removed]	p. 114
Finance and Taxation	p. 115
System of Taxation; Classification; Exemption	p. 118
Taxation of Incomes	p. 120
[Removed]	p. 120
Revenue for Current Expenses	p. 121
Object of Tax	p. 121
State Debts; Annual Tax; Proceeds	p. 121
Election on Indebtedness	p. 121
Borrowing Money by State	p. 121
Internal Improvements; State Highway System; Flood Control; Conservation or Development of Water Resources	p. 122
Special Taxes for Highway Purposes	p. 122
Taxation of Incomes; Adoption of Federal Laws by Reference	p. 122
Assessment and Taxation of Land Devoted to Agricultural Use	p. 123
Exemption of Property for Economic Development Purposes; Procedure; Limitations	p. 123
Corporations	p. 125
Corporate Powers	p. 125
Liability of Stockholders	p. 125
[Removed]	p. 126
Rights of Way; Eminent Domain	p. 126
Cities'Powers of Home Rule	p. 126
Definition of Corporations; Suits	p. 129
Banks and Currency	p. 131
Banking Laws	p. 131
State Not to Be Stockholder	p. 131
Constitutional Amendment and Revision	p. 133
Proposals by Legislature; Approval by Electors	p. 133
Constitutional Conventions; Approval by Electors	p. 134
Miscellaneous	p. 137
Selection of Officers	p. 137
Tenure of Office; Merit System in Civil Service	p. 137
Lotteries	p. 138
Regulation, Licensing and Taxation of ôBingoö Games Authorized	p. 138
Regulation, Licensing and Taxation of Horse and Dog Racing and Parimutuel Wagering Thereon	p. 138
State-Owned and Operated Lottery	p. 139
[Removed]	p. 139
Financial Statements; Publication	p. 139
Rights of Women	p. 139
Salaries Reduced for Neglect of Duty	p. 140
Location of State Capital	p. 140
Homestead Exemption	p. 140
Intoxicating Liquors	p. 141
[Removed]	p. 142
Membership or Nonmembership in Labor Organizations	p. 142
Continuity of State and Local Governmental Operations	p. 142
Oaths of State Officers	p. 143
Bibliographical Essay	p. 145
Table of Cases	p. 149
Index	p. 155
About the Author	p. 161
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