The Washington State Constitution (Oxford Commentaries on the State Constitutions of the United States)

The Washington State Constitution provides an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of Washington's constitutional history that focuses on the document's 19th century populist roots, it provides an in-depth, section-by-section analysis of the entire constitution, detailing the many significant changes made since its initial drafting. This treatment, along with a table of cases, index, and bibliography, provides an unsurpassed reference guide for lawyers, judges, scholars, and members of the general public. The second edition of The Washington State Constitution has been significantly expanded to detail the impact of the late nineteenth century Populist movement on both the structure and content of Washington's 1889 constitution. The book includes current and important developments in the theory of state constitutional interpretation in Washington State, describes the significant expansion, over the past decade, in the Washington Supreme Court's independent reliance on the state's constitution rather than the federal constitution in many constitutional doctrines, particularly those related to individual rights. The title also includes up-to-date analysis of significant developments in a number of areas, including the rights of criminal defendants; personal freedoms of speech, religion and privacy; powers and constraints on the state legislature and the governor; the initiative, referendum and recall; and the application of Washington's unique public education clause. The Washington State Constitution was cited in the following notable cases: - League of Educ. Voters v. State,__Wn.2d___, 295 P.3d 743, 758-59 (2013.) (both majority and dissent) - In re Bond Issuance of Greater Wenatchee Regional Events Center Public Facilities, 175 Wash.2d 788,813, 816, 287 P.3d 567, 580 (2012) (dissent) - Bellevue School Dist. v. E.S., 171 Wash.2d 695, 717, 257 P.3d 570, 581 (2011) The Oxford Commentaries on the State Constitutions of the United States is an important 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. Cover Contents Series Foreword Acknowledgments PART ONE: The History of the Washington Constitution and Its Interpretation Protecting a Self-Sufficient Way of Life Power Divided among Political Institutions Applying History and Developing a Principled Methodology for Independent Interpretation of Washington’s Constitution Studying History and Discerning Intent PART TWO: The Washington Constitution and Commentary Preamble Article I: Declaration of Rights Section 1. Political Power Section 2. Supreme Law of the Land Section 3. Personal Rights Section 4. Right of Petition and Assemblage Section 5. Freedom of Speech Section 6. Oaths—Mode of Administering Section 7. Invasion of Private Affairs or Home Prohibited Section 8. Irrevocable Privilege, Franchise or Immunity Prohibited Section 9. Rights of Accused Persons Section 10. Administration of Justice Section 11. Religious Freedom Section 12. Special Privileges and Immunities Prohibited Section 13. Habeas Corpus Section 14. Excessive Bail, Fines and Punishments Section 15. Convictions, Effect of Section 16. Eminent Domain Section 17. Imprisonment for Debt Section 18. Military Power, Limitation of Section 19. Freedom of Elections Section 20. Bail, When Authorized Section 21. Trial by Jury Section 22. Rights of the Accused Section 23. Bill of Attainder, Ex Post Facto Law, Etc. Section 24. Right to Bear Arms Section 25. Prosecution by Information Section 26. Grand Jury Section 27. Treason, Defined, Etc. Section 28. Hereditary Privileges Abolished Section 29. Constitution Mandatory Section 30. Rights Reserved Section 31. Standing Army Section 32. Fundamental Principles Section 33. Recall of Elective Officers Section 34. Same Section 35. Victims of Crimes—Rights Article II: Legislative Department Section 1. Legislative Powers, Where Vested Section 2. House of Representatives and Senate Section 3. The Census Section 4. Election of Representatives and Term of Office Section 5. Elections, When to Be Held Section 6. Election and Term of Office of Senators Section 7. Qualifications of Legislators Section 8. Judges of Their Own Election and Qualification—Quorum Section 9. Rules of Procedure Section 10. Election of Officers Section 11. Journal, Publicity of Meetings—Adjournments Section 12. Sessions, When—Duration Section 13. Limitation on Members Holding Office in the State Section 14. Same, Federal or Other Office Section 15. Vacancies in Legislature and in Partisan County Elective Office Section 16. Privileges from Arrest Section 17. Freedom of Debate Section 18. Style of Laws Section 19. Bill to Contain One Subject Section 20. Origin and Amendment of Bills Section 21. Yeas and Nays Section 22. Passage of Bills Section 23. Compensation of Members Section 24. Lotteries and Divorce Section 25. Extra Compensation Prohibited Section 26. Suits Against the State Section 27. Elections—Viva Voce Vote Section 28. Special Legislation Section 29. Convict Labor Section 30. Bribery or Corrupt Solicitation Section 31. Laws, When to Take Effect Section 32. Laws, How Signed Section 33. Alien Ownership Section 34. Bureau of Statistics, Agriculture and Immigration Section 35. Protection of Employees Section 36. When Bills Must Be Introduced Section 37. Revision or Amendment Section 38. Limitation on Amendments Section 39. Free Transportation to Public Officer Prohibited Section 40. Highway Funds Section 41. Laws, Effective Date, Initiative, Referendum— Amendment or Repeal Section 42. Governmental Continuity during Emergency Periods Section 43. Redistricting Article III: The Executive Section 1. Executive Department Section 2. Governor, Term of Office Section 3. Other Executive Officers, Terms of Office Section 4. Returns of Elections, Canvass, Etc. Section 5. General Duties of Governor Section 6. Messages Section 7. Extra Legislative Sessions Section 8. Commander-in-Chief Section 9. Pardoning Power Section 10. Vacancy in Office of Governor Section 11. Remission of Fines and Forfeitures Section 12. Veto Powers Section 13. Vacancy in Appointive Office Section 14. Salary Section 15. Commissions, How Issued Section 16. Lieutenant Governor, Duties and Salary Section 17. Secretary of State, Duties and Salary Section 18. Seal Section 19. State Treasurer, Duties and Salary Section 20. State Auditor, Duties and Salary Section 21. Attorney General, Duties and Salary Section 22. Superintendent of Public Instruction, Duties and Salary Section 23. Commissioner of Public Lands—Compensation Section 24. Records, Where Kept, Etc. Section 25. Qualifications, Compensation, Offices Which May Be Abolished Article IV: The Judiciary Section 1. Judicial Power, Where Vested Section 2. Supreme Court Section 3. Election and Terms of Supreme Court Judges Section 4. Jurisdiction Section 5. Superior Court—Election of Judges, Terms of, Etc. Section 6. Jurisdiction of Superior Courts Section 7. Exchange of Judges—Judge Pro Tempore Section 8. Absence of Judicial Officer Section 9. Removal of Judges, Attorney General, Etc. Section 10. Justices of the Peace Section 11. Courts of Record Section 12. Inferior Courts Section 13. Salaries of Judicial Officers—How Paid, Etc. Section 14. Salaries of Supreme and Superior Court Judges Section 15. Ineligibility of Judges Section 16. Charging Juries Section 17. Eligibility of Judges Section 18. Supreme Court Reporter Section 19. Judges May Not Practice Law Section 20. Decisions, When to Be Made Section 21. Publication of Opinions Section 22. Clerk of the Supreme Court Section 23. Court Commissioners Section 24. Rules for Superior Courts Section 25. Reports of Superior Court Judges Section 26. Clerk of the Superior Court Section 27. Style of Process Section 28. Oath of Judges Section 29. Election of Superior Court Judges Section 30. Court of Appeals Section 31. Commission on Judicial Conduct Article V: Impeachment Section 1. Impeachment—Power of and Procedure Section 2. Officers Liable To Section 3. Removal from Office Article VI: Elections and Elective Rights Section 1. Qualifications of Electors Section 2. School Elections—Franchise, How Extended Section 3. Who Disqualified Section 4. Residence, Contingencies Affecting Section 5. Voter—When Privileged from Arrest Section 6. Ballot Section 7. Registration Section 8. Elections, Time of Holding Article VII: Revenue and Taxation Section 1. Taxation Section 2. Limitation on Levies Section 3. Taxation of Federal Agencies and Property Section 4. No Surrender of Power or Suspension of Tax on Corporate Property Section 5. Taxes, How Levied Section 6. Taxes, How Paid Section 7. Annual Statement Section 8. Tax to Cover Deficiencies Section 9. Special Assessments or Taxation for Local Improvements Section 10. Retired Persons Property Tax Exemption Section 11. Taxation Based on Actual Use Section 12. Budget Stabilization Account Article VIII: State, County, and Municipal Indebtedness Section 1. State Debt Section 2. Powers Extended in Certain Cases Section 3. Special Indebtedness, How Authorized Section 4. Moneys Disbursed Only by Appropriations Section 5. Credit Not to Be Loaned Section 6. Limitations upon Municipal Indebtedness Section 7. Credit Not to Be Loaned Section 8. Port Expenditures—Industrial Development—Promotion Section 9. State Building Authority Section 10. Energy, Water, or Stormwater or Sewer Services Conservation Assistance Section 11. Agricultural Commodity Assessments—Development, Promotion, and Hosting Article IX: Education Section 1. Preamble Section 2. Public School System Section 3. Funds for Support Section 4. Sectarian Control or Influence Prohibited Section 5. Loss of Permanent Fund to Become State Debt Article X: Militia Section 1. Who Liable to Military Duty Section 2. Organization—Discipline—Officers—Power to Call Out Section 3. Soldiers’ Home Section 4. Public Arms Section 5. Privilege from Arrest Section 6. Exemption from Military Duty Article XI: County, City, and Township Organization Section 1. Existing Counties Recognized Section 2. County Seats—Location and Removal Section 3. New Counties Section 4. County Government and Township Organization Section 5. County Government Section 6. Vacancies in Township, Precinct or Road District Office Section 7. Tenure of Office Limited to Two Terms [Repealed] Section 8. Salaries and Limitations Affecting Section 9. State Taxes Not to Be Released or Commuted Section 10. Incorporation of Municipalities Section 11. Police and Sanitary Regulations Section 12. Assessment and Collection of Taxes in Municipalities Section 13. Private Property, When May Be Taken for Public Debt Section 14. Private Use of Public Funds Prohibited Section 15. Deposit of Public Funds Section 16. Combined City-County Article XII: Corporations Other Than Municipal Section 1. Corporations, How Formed Section 2. Existing Charters Section 3. Existing Charters Not to Be Extended Nor Forfeiture Remitted Section 4. Liability of Stockholders Section 5. Term “Corporation” Defined—Right to Sue and Be Sued Section 6. Limitations upon Issuance of Stock Section 7. Foreign Corporations Section 8. Alienation of Franchise Not to Release Liabilities Section 9. State Not to Loan Its Credit or Subscribe for Stock Section 10. Eminent Domain Affecting Section 11. Stockholder Liability Section 12. Receiving Deposits by Bank after Insolvency Section 13. Common Carriers, Regulation of Section 14. Prohibition against Combinations by Carriers (Repealed) Section 15. Prohibition against Discriminating Charges Section 16. Prohibition against Consolidating of Competing Lines Section 17. Rolling Stock, Personalty for Purpose of Taxation Section 18. Rates for Transportation Section 19. Telegraph and Telephone Companies Section 20. Prohibition against Free Transportation for Public Officers Section 21. Express Companies Section 22. Monopolies and Trusts Article XIII: State Institutions Section 1. Educational, Reformatory, and Penal Institutions Article XIV: Seat of Government Section 1. State Capital, Location of Section 2. Change of State Capital Section 3. Restrictions on Appropriations for Capitol Buildings Article XV: Harbors and Tide Waters Section 1. Harbor Line Commission and Restraint on Disposition Section 2. Leasing and Maintenance of Wharves, Docks, Etc. Section 3. Extension of Streets over Tide Lands Article XVI: School and Granted Lands Section 1. Disposition of Section 2. Manner and Terms of Sale Section 3. Limitations on Sales Section 4. How Much May Be Offered in Certain Cases—Platting of Section 5. Investment of Permanent Common School Fund Section 6. Investment of Higher Education Permanent Funds Article XVII: Tide Lands Section 1. Declaration of State Ownership Section 2. Disclaimer of Certain Lands Article XVIII: State Seal Section 1. Seal of the State Article XIX: Exemptions Section 1. Exemptions—Homesteads, Etc. Article XX: Public Health and Vital Statistics Section 1. Board of Health and Bureau of Vital Statistics Section 2. Regulations Concerning Medicine, Surgery and Pharmacy Article XXI: Water and Water Rights Section 1. Public Use of Water Article XXII: Legislative Apportionment Section 1. Senatorial Apportionment Section 2. Apportionment of Representatives Article XXIII: Amendments Section 1. How Made Section 2. Constitutional Conventions Section 3. Submission to the People Article XXIV: Boundaries Section 1. State Boundaries Article XXV: Jurisdiction Section 1. Authority of the United States Article XXVI: Compact with the United States Article XXVII: Schedule Section 1. Existing Rights, Actions, and Contracts Saved Section 2. Laws in Force Continued Section 3. Debts, Fines, Etc., to Inure to the State Section 4. Recognizances Section 5. Criminal Prosecutions and Penal Actions Section 6. Retention of Territorial Office Section 7. Constitutional Officers, When Elected Section 8. Change of Courts—Transfer of Causes Section 9. Seals of Courts and Municipalities Section 10. Probate Court, Transfer of Section 11. Duties of First Legislature Section 12. Election Contests for Superior Judges, How Decided Section 13. Representation in Congress Section 14. Duration of Term of Certain Officers Section 15. Election on Adoption of Constitution, How to Be Conducted Section 16. When Constitution to Take Effect Section 17. Separate Articles Section 18. Ballot Section 19. Appropriation Article XXVIII: Compensation of State Officers Section 1. Salaries for Legislature, Elected State Officials, and Judges—Independent Commission—Referendum Article XXIX: Investments of Public Pension and Retirement Funds Section 1. May Be Invested as Authorized by Law Article XXX: Compensation of Public Officers Section 1. Authorizing Compensation Increase during Term Article XXXI: Sex Equality—Rights and Responsibilities Section 1. Equality Not Denied Because of Sex Section 2. Enforcement Power of Legislature Article XXXII: Special Revenue Financing Section 1. Special Revenue Financing Note on Sources Bibliography Table of Cases Index A B C D E F G H I J L M O P R S T U V W About the Authors 'the Washington State Constitution' Provides An Outstanding Constitutional And Historical Account Of The State's Governing Charter. In Addition To An Overview Of Washington's Constitutional History That Focuses On The Document's 19th Century Populist Roots, It Provides An In-depth, Section-by-section Analysis Of The Entire Constitution, Detailing The Many Significant Changes Made Since Its Initial Drafting. Part One : The History Of The Washintgon Constitution And Its Interpretation -- Part Two : The Washington Constitution And Commentary : Preamble ; Article I: Declaration Of Rights ; Article Ii: Legislative Department ; Article Iii: The Executive ; Article Iv: The Judiciary ; Article V: Impeachment ; Article Vi: Elections And Elective Rights ; Article Vii: Revenue And Taxation ; Article Viii: State, County, And Municipal Indebtedness ; Article Ix: Education ; Article X: Militia ; Article Xi: County, City, And Township Organization ; Article Xii: Corporations Other Than Municipal ; Article Xiii: State Institutions ; Article Xiv: Seat Of Government ; Article Xv: Harbors And Tide Waters ; Article Xvi: School And Granted Lands ; Article Xvii: Tide Lands ; Article Xviii: State Seal ; Article Xix: Exemptions ; Article Xx: Public Health And Vital Statistics ; Article Xxi: Water And Water Rights ; Article Xxii: Legislative Apportionment ; Article Xxiii: Amendments ; Article Xxiv: Boundaries ; Article Xxv: Jurisdiction ; Article Xxvi: Compact With The United States ; Article Xxvii: Schedule ; Article Xxviii: Compensation Of State Officers ; Article Xxix: Investments Of Public Pension And Retirement Funds ; Article Xxx: Compensation Of Public Officers ; Article Xxxi: Sex Equality-- Rights And Responsibilities ; Article Xxxii: Special Revenue Financing. Robert F. Utter, Hugh D. Spitzer. Includes Bibliographical References (pages 279-285) And Index.