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

In The Wyoming State Constitution , Robert B. Keiter provides a comprehensive guide to Wyoming's colorful constitutional history. Featuring an outstanding analysis of the state's governing charter, the book includes an in-depth, section-by-section analysis of the entire constitution, detailing important changes that have been made since its initial drafting. This treatment, which includes a list of cases, index, and bibliography, makes this guide indispensable for students, scholars, and practitioners of Wyoming's constitution. The second edition contains an up-to-date analysis of the Wyoming Supreme Court's constitutional decisions, new state constitutional amendments and Supreme Court decisions since 1992. Also included is new material explaining how the Wyoming Supreme Court goes about interpreting the state constitution. 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 Series The Wyoming State Constitution Copyright Dedication Contents Series Foreword by G. Alan Tarr Foreword to the Second Edition by Justice (ret.) Michael Golden Foreword to the First Edition by Governor Mike Sullivan Preface to the Second Edition Part one The History of the Wyoming Constitution The Wyoming Constitutional Convention The Wyoming Constitution Wyoming Constitutional Amendments The Wyoming Supreme Court and Constitutional Interpretation Conclusion Part two The Wyoming Constitution and Commentary Preamble Article I: Declaration of Rights Section 1. Power Inherent in the People Section 2. Equality of All Section 3. Equal Political Rights Section 4. Security against Search and Seizure Section 5. Imprisonment for Debt Section 6. Due Process of Law Section 7. No Absolute, Arbitrary Power Section 8. Courts Open to All; Suits against State Section 9. Trial by Jury Inviolate Section 10. Right of Accused to Defend Section 11. Self-incrimination; Jeopardy Section 12. Detaining Witnesses Section 13. Indictment Section 14. Bail; Cruel and Unusual Punishment Section 15. Penal Code to Be Humane Section 16. Conduct of Jails Section 17. Habeas Corpus Section 18. Religious Liberty Section 19. Appropriations for Sectarian or Religious Societies or Institutions Prohibited Section 20. Freedom of Speech and Press; Libel; Truth a Defense Section 21. Right of Petition and Peaceable Assembly Section 22. Protection of Labor Section 23. Education Section 24. Right to Bear Arms Section 25. Military Subordinate to Civil Power; Quartering Soldiers Section 26. Treason Section 27. Elections Free and Equal Section 28. Taxation—Consent of People; Uniformity and Equality Section 29. Rights of Aliens Section 30. Monopolies and Perpetuities Prohibited Section 31. Control of Water Section 32. Eminent Domain Section 33. Compensation for Property Taken Section 34. Uniform Operation of General Law Section 35. Ex Post Facto Laws; Impairing Obligation of Contracts Section 36. Rights Not Enumerated Reserved to People Section 37. Constitution of the United States Supreme Law of Land Section 38. Right of Health Care Access Section 39. Opportunity to Hunt, Fish and Trap Article II: Distribution of Powers Section 1. Powers of Government Divided into Three Departments Article III: Legislative Department Section 1. Composition and Name of Legislature Section 2. Members’ Terms and Qualifications Section 3. Legislative Apportionment Section 4. [Repealed] Section 5. When Members Elected and Terms Begin Section 6. Duration of Sessions; Compensation of Members Section 7. Time and Place of Sessions Section 8. Members Disqualified for Other Office Section 9. Compensation Not to Be Increased During Term Section 10. Presiding Officers; Other Officers; Each House to Judge of Election and Qualification of Its Members Section 11. Quorum Section 12. Rules, Punishment and Protection Section 13. Journals Section 14. Sessions to Be Open Section 15. Adjournment Section 16. Privilege of Members Section 17. Power of Impeachment; Proceedings Section 18. Who May Be Impeached Section 19. Removal of Officers Not Subject to Impeachment Section 20. Laws to Be Passed by Bill; Alteration or Amendment of Bills Section 21. Enacting Clause of Law Section 22. Limitation on Time for Introducing Bill of Appropriation Section 23. Bill Must Go to Committee Section 24. Bill to Contain Only One Subject, Which Shall Be Expressed in Title Section 25. Vote Required to Pass Bill Section 26. How Laws Revised, Amended or Extended Section 27. Special and Local Laws Prohibited Section 28. Signing of Bills Section 29. Legislative Employees Section 30. Extra Compensation to Public Officers, etc., Prohibited Section 31. Supplies for Legislature and Departments Section 32. Changing Terms and Salaries of Public Officers Section 33. Origin of Revenue Bills Section 34. General Appropriation Bills; Other Appropriations Section 35. Money Expended Only on Appropriation Section 36. Prohibited Appropriations Section 37. Delegation of Power to Perform Municipal Functions Prohibited Section 38. Investment of Trust Funds Section 39. Aid to Railroads Prohibited Section 40. Debts to State or Municipal Corporation Cannot Be Released Unless Otherwise Prescribed by Legislature Section 41. Resolutions—Approval or Veto Section 42. Bribery of Legislators and Solicitation of Bribery Defined; Expulsion of Legislator for Bribery or Solicitation Section 43. Offers to Bribe Section 44. Witnesses in Bribery Charges Section 45. Legislature Shall Define Corrupt Solicitation Section 46. Interested Member Shall Not Vote Apportionment Section 47. Congressional Representation Section 48. State Census Section 49. District Representation Section 50. Apportionment for First Legislature Section 51. Filling of Vacancies Initiative and Referendum Section 52. Initiative and Referendum Section 53. Creation of Criminal Penalties Not Subject to Governor’s Power to Commute Article IV: Executive Department Section 1. Executive Power Vested in Governor; Term of Governor Section 2. Qualifications of Governor Section 3. Election of Governor Section 4. Power and Duties of Governor Generally Section 5. Pardoning Power of Governor Section 6. Acting Governor Section 7. When Governor May Fill Vacancies in Office Section 8. Approval or Veto of Legislation by Governor; Passage over Veto Section 9. Veto of Items of Appropriations Section 10. Bribery or Coercion of or by Governor Section 11. State Officers—Election; Qualifications; Terms Section 12. State Officers; Power and Duties Section 13. Salaries of Governor and Other Elective State Officers Section 14. Examination of Accounts Section 15. Great Seal of State Article V: Judicial Department Section 1. How Judicial Power Vested Section 2. Supreme Court Generally; Appellate Jurisdiction Section 3. Supreme Court Generally; Original Jurisdiction Section 4. Supreme Court Generally; Number, Election of Chief Justice; Quorum; Vacancies in Supreme Court or District Court; Judicial Nominating Commission; Terms; Standing for Retention in Office Section 5. Voluntary Retirement and Compensation of Justices and Judges Section 6. Commission on Judicial Conduct and Ethics Section 7. Supreme Court Generally; Terms of Court Section 8. Supreme Court Generally; Qualifications of Justices Section 9. Supreme Court Generally; Clerk Section 10. District Courts Generally; Jurisdiction Section 11. District Courts Generally; Judges to Hold Court for Each Other Section 12. District Courts Generally; Qualifications of Judges Section 13. District Courts Generally; Clerks Section 14. District Courts Generally; Commissioners Section 15. Style of Process Section 16. Supreme Court Judges Limited to Judicial Duties Section 17. Salaries of Judges of Supreme and District Courts Section 18. Appeals from District Courts to Supreme Court Section 19. State Divided into Districts; Election and Terms of District Judges Section 20. Districts Defined Section 21. Increase in Number of Districts and Judges Section 22. Jurisdiction of Justices of the Peace [Repealed] Section 23. Appeals from Justices’ Courts [Repealed] Section 24. Terms of District Courts; Attaching Unorganized Territory to Organized Counties Section 25. Judges of Supreme and District Courts Shall Not Practice Section 26. Power to Fix Terms of Court Section 27. Judges of Supreme and District Courts Shall Not Hold Other Office Section 28. Appeals from Boards of Arbitration Section 29. Juvenile Delinquency and Domestic Relations Courts Article VI: Suffrage and Elections Section 1. Male and Female Citizens to Enjoy Equal Rights Section 2. Qualifications of Electors Section 3. Electors Privileged from Arrest Section 4. Exemption of Electors from Military Duty Section 5. Electors Must Be Citizens of United States Section 6. What Persons Excluded from Franchise Section 7. When Residence Not Lost by Reason of Absence Section 8. Soldiers Stationed in State Not Considered Residents Section 9. Educational Qualifications of Electors Section 10. Alien Suffrage Section 11. Manner of Holding Elections Section 12. Registration of Voters Required Section 13. Purity of Elections to Be Provided For Section 14. Election Contests Section 15. Qualifications for Office Section 16. When Officers to Hold Over; Suspension of Officers Section 17. Time of Holding General and Special Elections; When Elected Officers to Enter upon Duties Section 18. Method of Selecting Officers Whose Election Is Not Provided For Section 19. Dual Office Holding Section 20. Oath of Office; Form Section 21. Oath of Office; How Administered Section 22. Absent Voter Ballots, Voting and Registration Article VII: Education; State Institutions; Promotion of Health and Morals; Public Buildings Section 1. Legislature to Provide for Public Schools Section 2. School Revenues Section 3. Other Sources of School Revenues Section 4. Restriction in Use of Revenues Section 5. Fines and Penalties to Belong to Public School Fund Section 6. State to Keep School Funds; Investment Section 7. Application of School Funds Section 8. Distribution of School Funds Section 9. Taxation for Schools Section 10. No Discrimination between Pupils Section 11. Textbooks Section 12. Sectarianism Prohibited Section 13. Land Commissioners [Superseded] Section 14. Supervision of Schools Entrusted to State Superintendent of Public Instruction Section 15. Establishment of University Confirmed Section 16. Tuition Fee Section 17. Government of University Section 18. Establishment; Supervision by State Board of Charities and Reform Section 19. Territorial Institutions Pass to State Section 20. Duty of Legislature to Protect and Promote Health and Morality of People Section 21. Buildings and Property of Territory Pass to State Section 22. Construction and Supervision Section 23. Permanent Location Article VIII: Irrigation and Water Rights Section 1. Water Is State Property Section 2. Board of Control Section 3. Priority of Appropriation Section 4. Water Divisions Section 5. State Engineer Article IX: Mines and Mining Section 1. Inspector of Mines Section 2. Legislature to Enact Regulatory Laws Section 3. Restrictions on Employment in Mines [Repealed] Section 4. Right of Action for Injuries Section 5. School of Mines Section 6. State Geologist [Repealed] Article X: Corporations Section 1. Creation Section 2. Control by State Section 3. Forfeited Charters [Executed] Section 4. Damages for Personal Injuries or Death; Worker’s Compensation Section 5. Acceptance of Constitution Section 6. Engaging in More Than One Line of Business Section 7. What Corporations Are Common Carriers Section 8. Trusts Prohibited Section 9. Eminent Domain Section 10. Mutual and Co-operative Associations Section 11. Powers and Rights of Railroads Section 12. Discrimination by Railroads and Telegraph Lines Forbidden Section 13. Railroads to Make Annual Reports to State Auditor Section 14. Eminent Domain Section 15. Aid to Railroads and Telegraph Lines Prohibited Section 16. Acceptance of Constitution by Existing Railroad, Transportation and Telegraph Companies Section 17. Rights of Telegraph Companies Section 18. Foreign Railroad or Telegraph Company Must Have Agent for Service of Process Section 19. Location of Depots Article XI: Boundaries Section 1. State Boundaries Article XII: County Organization Section 1. Existing Counties Remain Such Section 2. Organization of New Counties Section 3. Changing County Seats Section 4. Township Organization Section 5. County Officers Article XIII: Municipal Corporations Section 1. Incorporation; Alteration of Boundaries; Merger; Consolidation; Dissolution; Determination of Local Affairs; Classification; Referendum; and Liberal Construction Section 2. Consent of Electors Necessary Section 3. Restriction on Powers to Levy Taxes and Contract Debts Section 4. Franchises Section 5. Acquisition of Water Rights Article XIV: Public Officers Section 1. Stated Salaries to Be Paid Section 2. Fees Section 3. Legislature to Designate County Offices and Fix Salaries of County Officers Section 4. Deputies Section 5. Who Are County Officers Referred to by Sec. 3 Section 6. Consolidation of Offices Article XV: Taxation and Revenue Section 1. Assessment of Lands and Improvements Thereon Section 2. Assessment of Coal Lands Section 3. Taxation of Mines and Mining Claims Section 4. State Levy Limited Section 5. County Levies Limited Section 6. City Levies Limited Section 7. Depositories for Public Moneys Section 8. Profit Making from Public Funds Prohibited Section 9. Legislature to Provide for State Board of Equalization Section 10. Duties of State Board of Equalization Section 11. Uniformity of Assessment Required Section 12. Exemptions from Taxation Section 13. Tax Must Be Authorized by Law; Law to State Object Section 14. Surrender of Taxing Power Prohibited Section 15. State Tax for Support of Public Schools Section 16. Disposition of Fees, Excises and License Taxes on Vehicles and Gasoline Section 17. County Levy for Support and Maintenance of Public Schools Section 18. Full Tax Credit Allowed against Any Liability Arising from a Tax on Income Section 19. Mineral Excise Tax; Distribution Section 20. Higher Education Trust Funds; Investments; Earnings Article XVI: Public Indebtedness Section 1. Limitation on State Debt Section 2. Creation of State Debt in Excess of Taxes for Current Year Section 3. Limitation on County Debt Section 4. Creation of County or Municipal Debt in Excess of Taxes for Current Year Section 5. Limitation on Municipal, County or School District Debt Section 6. Loan of Credit; Donations Prohibited; Works of Internal Improvement Section 7. Payments of Public Money Section 8. Endorsements Required on Bonds and Other Evidences of Indebtedness Section 9. Construction and Improvement of Public Roads and Highways Section 10. Construction and Improvement of Works for Conservation and Utilization of Water Section 11. Construction, Maintenance and Improvement of Public Airports, Aircraft Landing Strips and Related Facilities Section 12. Economic Development Loan Fund Section 13. Industrial and Economic Development; Powers of Counties and Municipalities Article XVII: State Militia Section 1. Of Whom Militia Constituted Section 2. Legislature to Provide for Enrollment, Equipment and Discipline Section 3. How Officers Commissioned Section 4. Flags Section 5. Governor to Be Commander-.in-.Chief; Powers Article XVIII: Public Lands and Donations Section 1. Acceptance of Lands from United States; Sale of Such Lands Section 2. Application of Proceeds of Sale or Rental Section 3. Board of Land Commissioners Section 4. Legislature to Provide for Disposition of Lands Section 5. Special Privileges Prohibited Section 6. Disposition of Unexpended Income of Perpetual School Fund Article XIX: Miscellaneous Livestock Section 1. Legislature to Provide for Protection of Livestock and Stock Owners Section 2. Day’s Work Section 3. Who Shall Not Be Employed on Public Works Section 4. Legislature to Provide for Enforcement of Sec. 3 Boards of Arbitration Section 5. Legislature to Establish Courts of Arbitration; Duties [Repealed] Police Powers Section 6. Importing Armed Bodies to Suppress Violence Prohibited; Exception Labor Contracts Section 7. Contract Exempting Employer from Liability for Personal Injuries Prohibited Arbitration Section 8. Legislature to Provide for Voluntary Submission of Differences to Arbitrators Homesteads Section 9. Exemption of Homestead Intoxicating Liquors Section 10. Intoxicating Liquors Section 11. Use of Monies in Public Employee Retirement Funds Restricted Article XX: Amendments Section 1. How Amendments Proposed by Legislature and Submitted to People Section 2. How Two or More Amendments Voted On Section 3. Constitutional Convention Section 4. Constitution Adopted by Convention to Be Submitted to People Article XXI: Schedule Section 1. Acquired Rights Continue Section 2. Territorial Property Vested in State Section 3. Territorial Laws Become State Laws Section 4. Accrued Fines Go to State Section 5. State to Sue on Bonds and Prosecute Crimes Section 6. Territorial Officers to Hold Over Section 7. Submission of Constitution Section 8. When Constitution Takes Effect Section 9. First State Election—Time of Holding; Proclamation Section 10. First State Election; Duty of County Commissioners; Who May Vote; Conduct of Election Section 11. First State Election; Board of Canvassers Section 12. When Officers Shall Qualify; Oaths; Bonds Section 13. First State Legislature Section 14. Laws to Be Passed Section 15. Transfer of Pending Causes, Records, and Seal of Courts Section 16. Court Seals Section 17. Transfer of Causes and Records from Probate Courts to District Courts Section 18. How Legislature Chosen Section 19. Duration of Terms of Territorial County and Precinct Officers Section 20. Terms of State Officers First Elected Section 21. Regular Session of Legislature Following First Session Section 22. Regular Election Following First Session of Legislature to Be Omitted Section 23. Why Constitution Framed Ordinances Section 24. State Part of United States Section 25. Religious Liberty Section 26. Ownership of Certain Lands Disclaimed; Restriction on Taxation of Nonresidents Section 27. Territorial Liabilities Assumed Section 28. Legislature to Provide for Public Schools Bibliographical Essay Table of Cases Index About the Author