History of Wyoming
Wyoming Constitution: Drafting, Passage, Precedents and Modern Changes
I. Lengthy, Detailed Constitution
a. the Wyoming Constitution is 3 times length of U. S. Constitution; it is the 12th longest of all state constitutions
b. many provisions in the constitution demonstrate delegates' suspicion of legislatures and possibilities for corruption--remember, the constitutional convention was held in 1889 during the so-called "Gilded Age"
II. Motivations for a Constitution
a. desire for self-government (election of governor and other officials, control over laws)
b. wish to control out-of-state owned industries
c. desire for receiving the federal land grants given from the public domain to each state (in Wyoming's case, sections 16 and 36, for instance, were granted by the federal government to Wyoming as "school sections"--the revenues from the lease of these lands going to maintain public schools within the state
III. The Delegates
a. elected July 8, 1889, in election called by territorial governor Francis E. Warren, a strong supporter of statehood
b. 55 men elected delegates; no women--odd, given that Wyoming had given women the right to vote and hold office back in 1869. Just 49 delegates participated in deliberations--others didn't bother to come.
c. Of the delegates, 17 were lawyers; the partisan breakdown was 31 Republicans, 18 Democrats
d. delegates met in Cheyenne for 25 days in September, 1889. work had to be completed and document printed in time for voters in November election that year. Otherwise, Wyoming ran the risk of missing statehood at a time when most of its neighbors were being admitted.
e. debates were non-partisan but reflected sectional divisions, particularly north-south
f. substantial representation from industry yet many delegates were suspicious of corporate power
IV. Drafting the document
a. extensive borrowing from other states (almost half of 279 provisions traceable to other states)
b. references in debates to Colorado (10); Penn. (7); Mont & Ill. (5); Neb. & Nev. (4)
c. entire sections borrowed from other states and from U. S. Constitution
V. Main provisions
a. Declaration of Rights extensively borrowed from U. S. Constitution
b. suffrage and equal rights for women (the "suffrage article" borrowed from the "suffrage act" passed in 1869 by the first territorial legislature and signed by territorial Gov. John A. Campbell
c. water provisions--unique to Wyoming for the state to declare ownership of ALL water within its borders. Prior appropriation doctrine had been used previously, but Wyoming's version had some refinements.
d. regulation of industries reflects suspicions delegates had of UP and other corporations
e. education:
i. reflects pride in 97 percent literacy rate in 1889
ii. consistent with strong support of territorial legislature for education
iii. compulsory education act passed by territorial legislature in 1873
iv. university established by territorial legislature (John Hoyt, first UW president and holding that position at the time of the convention, was a delegate and he drafted the education article)
f. debate over location of institutions: 10 years set. This represented the sectionalism between the older, more developed part of Wyoming at the time (the southern counties) against the "younger" newly developing northern counties.
g. failure of M. C. Brown's "coal tonnage tax" proposal (coal mines paid $1,250 per year in total taxes in 1889). As a result Wyoming didn't have a severance tax on minerals until 1969.
VI. Statehood
a. Constitution election: constitution accepted by voters 6,272-1,923
b. Carey's role as territorial delegate--to "sell" statehood to the U. S. Congress
c. he had to convince them in two areas: the population question and the issue of women suffrage
d. Congress passed Wyoming Statehood bill, although it was narrowly passed by both Senate and House
d. President Benjamin Harrison signed statehood bill, July 10, 1890
e. land grants from federal government--note Article 18 and Article 21, Sec. 26
i. federal government gave 1.2 million acres to state
ii. federal government gave 500,000 for state institutions, university, agriculture
iii. by accepting the Constitution, Wyoming citizens surrendered any right, title or interest in any other federal lands within the borders of the state.
VI. Amendments over time
a. first amendments proposed in 1909
b. 27 amendments failed over years even though they had majority vote
c. more than 70 amendments made since adoption in 1889-- (compare to U. S. Constitution: 27
amendments in more than 200 years)
d. "Missouri plan" for judicial selection--replaced system of elections of judges in 1972.
e. the income tax: not disallowed, but difficult (1974 amendment--Article 15, Sec. 18)
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