Kansas Constitution

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Kansas Constitution
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The Kansas Constitution is the state constitution of Kansas.

  • The current and first Kansas Constitution was adopted by voters on October 4, 1859.
  • The Kansas Constitution was originally known as the "Wyandotte Constitution."
  • The current state constitution has a Preamble, a Bill of Rights, and 15 articles.
  • The current Kansas Constitution has been amended 95 times.[1]
  • Voters last approved a new amendment to the Kansas Constitution on November 8, 2022, when voters approved Amendment 2.

Kansas does not feature a process for initiated constitutional amendments. The Kansas Constitution can only be amended via a legislatively referred constitutional amendment or by a constitutional convention.


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.

Background

Kansas became the 34th state on January 29, 1861. The state has had one constitution from statehood. It was adopted by a vote of 10,421 to 5,530 on October 4, 1859. The Kansas Constitution was originally known as the "Wyandotte Constitution."[2]

In 1879 and 1891, the state legislature referred two constitutional convention questions to statewide ballots. Both were defeated. Since 1892, the state legislature has not met the vote requirements to place a constitutional convention question on the ballot although over 20 convention questions were proposed.[2]

Women's suffrage was not addressed in the original constitution even though it was proposed at the Wyandotte Convention. It was proposed in every succeeding state legislative session. In 1867, it met the legislative vote requirement to be put on the ballot but was defeated by 68.65% of voters. The state legislature put it on the ballot again in 1894, but it was defeated by 57.73% of voters. It was approved in 1912 by a vote of 52.40% to 47.60%.[2]

Preamble

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

The preamble to the Kansas Constitution states:

We, the people of Kansas, grateful to Almighty God for our civil and religious privileges, in order to insure the full enjoyment of our rights as American citizens, do ordain and establish this constitution of the state of Kansas, with the following boundaries, to wit: Beginning at a point on the western boundary of the state of Missouri, where the thirty-seventh parallel of north latitude crosses the same; thence running west on said parallel to the twenty-fifth meridian of longitude west from Washington; thence north on said meridian to the fortieth parallel of north latitude; thence east on said parallel to the western boundary of the state of Missouri; thence south with the western boundary of said state to the place of beginning.[3]

Bill of Rights

See also: Bill of Rights, Kansas Constitution

The "Bill of Rights" of the Kansas Constitution comes between the Preamble and Article 1. It prescribes the rights of the citizens and sets up Kansas as a free state.[3][4]

Click here to read the Bill of Rights of the Kansas Constitution.

Article One: Executive

See also: Article 1, Kansas Constitution

Article 1 of the Kansas Constitution is labeled "Executive."

Click here to read this article of the Kansas Constitution.

Article Two: Legislative

See also: Article 2, Kansas Constitution

Article 2 of the Kansas Constitution is labeled "Legislative."

Click here to read this article of the Kansas Constitution.

Article Three: Judicial

See also: Article 3, Kansas Constitution

Article 3 of the Kansas Constitution is labeled "Judicial."

Click here to read this article of the Kansas Constitution.

Article Four: Elections

See also: Article 4, Kansas Constitution

Article 4 of the Kansas Constitution is labeled "Elections."

Click here to read this article of the Kansas Constitution.

Article Five: Suffrage

See also: Article 5, Kansas Constitution

Article 5 of the Kansas Constitution is labeled "Suffrage."

Click here to read this article of the Kansas Constitution.

Article Six: Education

See also: Article 6, Kansas Constitution

Article 6 of the Kansas Constitution is labeled "Education."

Click here to read this article of the Kansas Constitution.

Article Seven: Public Institutions & Welfare

See also: Article 7, Kansas Constitution

Article 7 of the Kansas Constitution is labeled "Public Institutions and Welfare."

Click here to read this article of the Kansas Constitution.

Article Eight: Militia

See also: Article 8, Kansas Constitution

Article 8 of the Kansas Constitution is labeled "Militia."

Click here to read this article of the Kansas Constitution.

Article Nine: County & Township Organization

See also: Article 9, Kansas Constitution

Article 9 of the Kansas Constitution is labeled "County and Township Organization."

Click here to read this article of the Kansas Constitution.

Article Ten: Apportionment of the Legislature

See also: Article 10, Kansas Constitution

Article 10 of the Kansas Constitution is labeled "Apportionment of the Legislature."

Click here to read this article of the Kansas Constitution.

Article Eleven: Finance & Taxation

See also: Article 11, Kansas Constitution

Article 11 of the Kansas Constitution is labeled "Finance and Taxation."

Click here to read this article of the Kansas Constitution.

Article Twelve: Corporations

See also: Article 12, Kansas Constitution

Article 12 of the Kansas Constitution is labeled "Corporations."

Click here to read this article of the Kansas Constitution.

Article Thirteen: Banks

See also: Article 13, Kansas Constitution

Article 13 of the Kansas Constitution is labeled "Banks."

Click here to read this article of the Kansas Constitution.

Article Fourteen: Constitutional Amendment & Revision

See also: Article 14, Kansas Constitution

Article 14 of the Kansas Constitution is labeled "Constitutional Amendment and Revision." It has two sections that lay out the two paths by which the Kansas Constitution can be altered.

Click here to read this article of the Kansas Constitution.

Article Fifteen: Miscellaneous

See also: Article 15, Kansas Constitution

Article 15 of the Kansas Constitution is labeled "Miscellaneous."

Click here to read this article of the Kansas Constitution.

Amending the constitution

See also: Amending state constitutions
Kansas Constitution
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Article 14 of the Kansas Constitution governs the ways in which the state's constitution can be changed over time.

  • One path is the legislatively referred constitutional amendment. Either house of the Kansas State Legislature can propose an amendment to the state's constitution. Two-thirds of the members of each chamber must approve the resolution. If they do, the proposed amendment goes on either the next statewide ballot during which members of the state legislature are elected or on a special election ballot if the legislature agrees to have a special election for this purpose.
  • If a simple majority of the electors of the state who vote on the proposition agree with it, it becomes part of the constitution.
  • The legislature must say what the measure's ballot title will be in their resolution authorizing it.
  • If there is more than one proposed amendment, voters must be able to vote on them separately.
  • At most, five amendments can be proposed for one election.
  • An amendment is allowed to revise one entire article of the constitution "except the article on general provisions."
  • Another path to amend the state constitution is through a constitutional convention. If two-thirds of the members of each house of the state legislature vote in favor, the question "Shall there be a convention to amend or revise the constitution of the state of Kansas?" or "Shall there be a convention limited to revision of article(s) ________ of the constitution of the state of Kansas?" shall be placed on a statewide ballot.
  • If a simple majority of those voting on that question say "yes," a convention is held.
  • Any amendments or revisions that come out of the convention must go before the state's voters.

Kansas does not feature the power of citizen initiative for either initiated constitutional amendments or initiated state statutes.


See also

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External links

Footnotes

  1. According to Heller (2011), the Constitution of 1861 had been amended 86 times through 1989. Since 1990, voters have approved nine additional constitutional amendments.
  2. 2.0 2.1 2.2 Heller, F. (2011). The Kansas State Constitution. New York, NY: Oxford University Press
  3. 3.0 3.1 Cite error: Invalid <ref> tag; no text was provided for refs named ks
  4. Kansas Watchdog, "Sesquicentennial of Adoption of Kansas Constitution," accessed October 4, 2009