Idaho Constitution

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Idaho Constitution
Flag of Idaho.png
Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIIXIIIXIVXVXVIXVIIXVIIIXIXXXXXI


The Idaho Constitution is the state constitution of Idaho.

  • The current Idaho Constitution was adopted in 1890.
  • Idaho has had one state constitution.
  • The current state constitution has 21 articles.
  • The current Idaho Constitution has been amended 142 times.[1]
  • Voters last approved a new amendment to the Idaho Constitution on November 8, 2022, when voters approved SJR 102.

A state constitution is the fundamental document that outlines a state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.

History

Idaho was admitted to the Union as the 43rd state on July 3, 1890. In 1889, the Idaho territorial legislature approved a constitution. The U.S. Congress approved the document in 1890, and Idaho became the 43rd state in the Union. The constitution was adopted on August 6, 1889 by a constitutional convention and was then ratified in a statewide vote of the people in November 1889. The United States Congress approved the ratified constitution on July 3, 1890, accepting Idaho as a state.[2]

Preamble

See also: Preamble, Idaho Constitution and Preambles to state constitutions

The preamble to the Idaho constitution states:

We, the people of the state of Idaho, grateful to Almighty God for our freedom, to secure its blessings and promote our common welfare do establish this Constitution.[3]

Article I

See also: Article I, Idaho Constitution

Article I of the Idaho Constitution is titled the "Declaration of Rights" and details the unalienable rights granted to everyone.

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Article II

See also: Article II, Idaho Constitution

Article II of the Idaho Constitution is titled "Distribution of Powers" and divides the government into three distinct branches: the legislative, executive and judicial.

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Article III

See also: Article III, Idaho Constitution

Article III of the Idaho Constitution is titled "Legislative Department."

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Article IV

See also: Article IV, Idaho Constitution

Article IV of the Idaho Constitution is titled "Executive Department."

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Article V

See also: Article V, Idaho Constitution

Article V of the Idaho Constitution is titled "Judicial Department."

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Article VI

See also: Article VI, Idaho Constitution

Article VI of the Idaho Constitution is titled "Suffrage and Elections" and describes the election process as well as the guidelines for suffrage.

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Article VII

See also: Article VII, Idaho Constitution

Article VII of the Idaho Constitution is titled "Finance and Revenue" and deals with the state's power to tax and generate revenue.

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Article VIII

See also: Article VIII, Idaho Constitution

Article VIII of the Idaho Constitution is titled "Public Indebtedness and Subsidies" and concerns public indebtedness and subsidies.

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Article IX

See also: Article IX, Idaho Constitution

Article IX of the Idaho Constitution is titled "Education and School Lands." This article establishes the school system and guarantees all children the right to a free public education.

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Article X

See also: Article X, Idaho Constitution

Article X of the Idaho Constitution is titled "Public Institutions" and deals with public institutions, such as the seat of government and the prison system.

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Article XI

See also: Article XI, Idaho Constitution

Article XI of the Idaho Constitution is titled "Corporations, Public and Private" and concerns all corporations other than municipal.

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Article XII

See also: Article XII, Idaho Constitution

Article XII of the Idaho Constitution is titled "Corporations, Municipal" and establishes the rights and limitations of municipal corporations.

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Article XIII

See also: Article XIII, Idaho Constitution

Article XIII of the Idaho Constitution is titled "Immigration and Labor" and concerns immigration and labor laws.

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Article XIV

Article XIV, Idaho Constitution

Article XIV of the Idaho Constitution is titled "Militia" and establishes a state militia.

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Article XV

See also: Article XV, Idaho Constitution

Article XV of the Idaho Constitution is titled "Water Rights" and concerns public use of water, including rights, priorities and limitations.

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Article XVI

See also: Article XVI, Idaho Constitution

Article XVI of the Idaho Constitution is titled "Livestock" and deals with livestock.

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Article XVII

See also: Article XVII, Idaho Constitution

Article XVII of the Idaho Constitution is titled "State Boundaries" and sets the boundaries of the state.

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Article XVIII

See also: Article XVIII, Idaho Constitution

Article XVIII of the Idaho Constitution is titled "County Organization" and establishes the individual counties in the state.

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Article XIX

See also: Article XIX, Idaho Constitution

Article XIX of the Idaho Constitution is titled "Apportionment."

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Article XX

See also: Article XX, Idaho Constitution

Article XX of the Idaho Constitution is titled "Amendments" and details the amendment process.

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Article XXI

See also: Article XXI, Idaho Constitution

Article XXI of the Idaho Constitution is titled "Schedule and Ordinance" and was established here to ease transition from territory to state.

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Amending the constitution

Article XX of the Idaho Constitution establishes two ways in which the constitution can be amended, either via legislatively referred constitutional amendments or constitutional conventions. Idaho does not feature the power of citizen initiative for initiated constitutional amendments.

Legislature

See also: Legislatively referred constitutional amendment

A two-thirds (66.67%) vote is required during one legislative session for the Idaho State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 47 votes in the Idaho House of Representatives and 24 votes in the Idaho State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

Convention

See also: Convention-referred constitutional amendment

According to Article XX of the Idaho Constitution, a constitutional convention can be called if two-thirds of the members of each house of the Idaho State Legislature vote to place before the people a question as to whether the people want to call a convention. If a majority of all the voters voting at the election vote for a convention, the legislature must arrange to have a convention.


See also

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External links

Footnotes

  1. According to Crowley and Heffron (2022), the Constitution of 1890 had been amended 109 times through 1993. Since 1993, voters have approved 33 additional constitutional amendments.
  2. Crowley, D, et al. (2011). The Idaho State Constitution. New York, NY: Oxford University Press
  3. Cite error: Invalid <ref> tag; no text was provided for refs named id