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Constitution of Connecticut

From Wikipedia, the free encyclopedia

Constitution of the State of Connecticut
Overview
JurisdictionConnecticut, United States
RatifiedDecember 14, 1965; 57 years ago (1965-12-14)
Date effectiveDecember 30, 1965; 57 years ago (1965-12-30)
ChambersTwo (bicameral Connecticut General Assembly)
ExecutiveGovernor of Connecticut
JudiciaryJudiciary of Connecticut
History
Amendments31

The Constitution of the State of Connecticut is the basic governing document of the U.S. state of Connecticut. It was approved by referendum on December 14, 1965, and proclaimed by the governor as adopted on December 30. It comprises 14 articles and has been amended 31 times.

This constitution replaced the earlier constitution of 1818. It is the state's second constitution since the establishment of the United States. An earlier constitution dating from colonial times, the Fundamental Orders of Connecticut, remained the basis of government even as Connecticut gained its independence from Great Britain, existed as an independent polity, and joined the United States.

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  • Constitutional Compromises: Crash Course Government and Politics #5
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Transcription

Hi, I'm Craig, and this is Crash Course Government and Politics, and today we're going to talk about the single most important document in America, one that we'll be talking about a lot over next few months. No, I'm not talking about O Magazine - it's the United States Constitution, and what we're really gonna focus on is how it got made and how it became the foundation of our government. Those of you who watched the U.S. History series with John Green probably remember that the government set up by the Constitution is actually the second attempt at an American government. Also, as pointed out in the comments, you probably noticed that I am not John Green. The first American government, which was in place during the Revolutionary War and for almost 10 years afterwards, was the Articles of Confederation. Like many first attempts, the Articles government had some good ideas and it meant well, but it was poorly executed. Give it a break, it never did this before! So when delegates gathered in Philadelphia in 1787 to revise the Articles, they ended up scrapping the whole thing and creating a new Constitution. It's probably not because they didn't know what revise meant. So, the delegates from the various states each had their own agendas at the Constitutional Convention, and that made it difficult for them to agree on what the new government should look like. In order to hammer out a Constitution, they had to do something you don't see very much of in government these days - compromise. Oh, let's compromise, I'm sorry, eagle, I didn't mean... Before we get into what those compromises were, it's kinda necessary to look at what was so bad about the Articles government in the first place. The main thing was it really couldn't govern. There was no executive branch or president and no judiciary to settle disputes. It was basically just a congress where each state was equally represented and they all pretty much had veto power and could sink legislation they didn't like. All decisions were collective, which meant that very few decisions were actually made, because it's really hard to get 13 people to agree on something that will be in the interest of all 13. I can barely agree with Stan on anything. Right, Stan? He said wrong. Most important, the Articles government had no power to levy taxes, which meant that if it needed any money to do, well, anything, it had to ask for the money from the states, which were free to say, "No, I don't think we'll be giving you any money today. ...or tomorrow. Or ever." As I remember from my college years - and I don't remember much - living without money is awful. Without money, it's pretty much impossible for a government to do anything, except buy ramen noodles. The Articles government was able to accomplish one notable thing, though. One of the big issues it had to deal with was Americans moving out West, which in the 1770's and 80's meant to places like Ohio and Indiana that weren't states yet. The government managed to set up rules for these settlements in the Northwest Ordinance of 1787, which set up a system for eventual statehood. But most importantly, it forbade slavery in these territories, which, as students of American history know, was kind of a big deal. You wouldn't know that, you're not a student of American history. You're a symbol of America, bird! I'm not gonna punch you. Other than that, though, the Articles government was a flop. And the very thing that made it so ineffective threatened to screw up any attempts at new government, too. This was the issue of competing interests between different states, more specifically the states with large populations and the smaller states. Basically, a state with a large population like, say, Virginia, had different needs than a state with a small population, like Delaware. More importantly, large states might stand to benefit more from any government spending. When the delegates decided to make a new congress, these large population states wanted the number of representatives to that congress to be proportional to the states' populations, which would mean that the larger states would have more representatives than the smaller ones. This idea, a large congress made up of many delegates, was called The Virginia Plan. Because it was put forward by the delegates from Wisconsin. Just kidding...Virginia. The delegates from small New Jersey put forward a plan that would have a congress where each state would send an equal number of representatives. In other words, something that looked a lot like the Articles government. This New Jersey Plan would prevent smaller states from being dominated by the larger states, and also ensure that the large states wouldn't be able to vote themselves a bigger share of government spending. These two opposing interests threatened to scuttle the whole new government thing until Roger Sherman from Connecticut proposed The Great Compromise, that gave us bicameral legislature that we talked about in episode two, and we've all come to know and love, sometimes. So The Great Compromise meant that we would have a two-house legislature, but this wasn't the only issue related to how the seats in Congress would be apportioned. The membership in the House would be based on the state's population, but at the time there was an issue about how to count that population. The issue was slavery. More specifically, how to count slaves as part of a state's population. Let's go to the Thought Bubble. The states with large slave populations, like South Carolina and Virginia, had a pretty big interest in counting these slaves for the purposes of determining representation. And the states with few slaves didn't want them counted at all. Because this would mean that the white non-slave people in those states with lots of slaves would effectively be better represented than the white non-slave people in the states with few slaves. The delegates at the Constitutional Convention solved this problem with another compromise that was decidedly less great. Article 1 Section 2 of the Constitution includes the following clause: "Representatives and direct taxes shall be apportioned among the several states which may be included within this union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons." If you're looking for the word "slave," you won't find it. They're the ones described by the phrase, "three-fifths of all other persons." This is the notorious Three-Fifths Compromise. What it means is that in order to determine how many representatives a state has, you count the number of free people in the state, including indentured servants, and add to that number three-fifths of the number of non-free persons, otherwise known as slaves. So in terms of counting, each slave was worth three-fifths of each free person. Thanks, Thought Bubble. Anyway, this meant that states with large populations of slaves would be disproportionately represented in Congress, but not quite so badly that most northern states with small numbers of slaves wouldn't vote for the Constitution. What this also did was enshrine the idea that slaves, who were mostly black, were worth less than free people, who were mostly white. And it embedded slavery into the Constitution. So before this constitution of compromise could go into effect, it had to be ratified by at least 9 of the 13 states. So each state had a special convention where delegates could vote on whether or not to adopt the new constitution. These conventions were more open to the public than the Constitutional Convention itself, and the ratification process is the reason why some people say the Constitution is based on the will of the people. But not everybody wanted the Constitution, and they needed convincing. This is where things get a little confusing. Did you want the Constitution? Did ya? In 1787, public opinion about the Constitution was pretty evenly divided. Those who wanted the Constitution were called Federalists, largely because of the Federalist Papers, a series of articles written by Alexander Hamilton, James Madison, and John Jay. They wrote the Federalist Papers to convince voters in New York to ratify the Constitution. And since New York did eventually ratify the document, I guess they worked. But we should listen to both sides of the argument...in the Clone Zone. So joining us in the Clone Zone today will be Federalist Clone and Anti-Federalist Clone. Let's hear from Federalist Clone first. Feddy? Can I call you Feddy? No. The Federalists were the incredibly intelligent Americans who thought that a strong central government would benefit the country as a whole. They tended to come from cities, and often they represented commercial classes, especially wealthy people, who had lent money to the government during the Revolution. They liked the new Constitution because they felt that a strong national government would pay its debts, and this was good for business. They also tended to want stronger ties with England, again because England was a good trading partner. Given the raging success of the Articles government, it's pretty clear that the Federalists were right. Okay, now let's hear from Anti-Federalist Clone. How do you respond, Anti? I'm not your aunt! Sure, Federalists were right to believe in tyranny. Anti-Federalists were right to be skeptical of a large government that would trample on our individual liberties. They didn't want a big government that would tax them to death, and possibly take away their slaves. In general, Anti-Federalists felt that states would be the best protectors of people's rights and liberties, because being smaller, they would be more responsive to people's needs. Okay? The Anti-Federalists published pamphlets and articles, too. But we weren't quite as organized, so we didn't have a coherent set of Anti-Federalist Papers to push on government students. Okay, okay, you seem really mad about this. I am. But you eventually lost the debate. I did. Huzzah! How come he got to shoot fireworks-- --I didn't know he was gonna-- --I wanna shoot fireworks-- Okay? I'm sorry, I'm sorry--next time. You can have fireworks. So the Federalist position won out and the Constitution was ratified. And that's the government that Americans have been living under ever since. Hooray! Because the Constitution was passed, we tend to think that everyone loved it. But it wasn't nearly as clear-cut as hindsight makes it appear. Eventually, the Federalists had to offer another compromise, promising a Bill of Rights in the first ten amendments. This isn't called one of the constitutional compromises because it happened outside of the Convention, but it was yet another example of how different interests had to give a little in order to get a Constitution passed. It's very important to remember that compromise, the idea of balancing interests and giving a little to get a lot, is embedded in the Constitution. While today it seems like a political dirty word, compromise is the basis of the American government itself. Thanks for watching. I'll seeya next week. Well, I'll compromise. Seeya in a week and a half. Let's face it; Stan's probably not going to get this done in time anyway. Crash Course Government and Politics is produced in association with PBS Digital Studios. Support for Crash Course U.S. Government comes from Voqal. Voqal supports non-profits that use technology and media to advance social equity. Learn more about their mission and initiatives at voqal.org. Crash Course was made by all of these nice people at the Chad and Stacy Emigholz Studio, in tropical Indianapolis. Thanks for watching. I'm going to the beach.

Articles

The constitution consists of fourteen articles:

  1. Declaration of Rights – Analogous to the United States Bill of Rights, providing rights to speech, assembly, speedy trial, bearing of arms, and religion, among others.
  2. Of the Distribution of Powers – Establishes three branches of government in the state: legislative, executive, and judicial.
  3. Of the Legislative Department – Creates a two-house legislature, sets standards for districting, elections, and ethics.
  4. Of the Executive Department – Sets terms, requirements, and powers of the governor, lieutenant governor, secretary of the state, treasurer and comptroller.
  5. Of the Judicial Department – Establishes supreme, superior, and lesser courts, and the rules that govern how judges are chosen.
  6. Of the Qualifications of Electors – Lists age and residency requirements for voters.
  7. Of Religion – Reiterates the right to free practice of religion.
  8. Of Education – Charters a free elementary school school system, the University of Connecticut, and Yale College.
  9. Of Impeachments – Sets rules for impeachment and treason trials.
  10. Of Home Rule – Gives the general assembly the right to delegate authority to cities and towns.
  11. General Provisions – The oath of office, restrictions on salary raises, and other miscellaneous rules.
  12. Of Amendments to the Constitution – Establishes the method of amending the state constitution.
  13. Of Constitutional Conventions – Creates the method of calling for a special convention to amend or revise the constitution.
  14. Of the Effective Date of This Constitution – The constitution became effective after approval by a popular vote and proclamation by the governor.

Amending the constitution

Legislature and referendum

The Connecticut constitution can be amended via a process that originates in the General Assembly. If a joint resolution proposing a constitutional amendment passes each house of the General Assembly with a three-fourths majority of the votes cast, the amendment is submitted to the voters in the next even-numbered year's general election. If such a joint resolution fails to win a three-fourths majority vote in either house but still obtains a majority, it must receive a majority in each house during the next legislative session before being submitted to the voters in the next even-numbered year's general election. An amendment that wins a majority of the votes cast in the referendum is adopted.[1]

Constitutional convention

A constitutional convention can amend the constitution. Such a convention is called either:

  • when called for by a two-thirds vote of each house of the General Assembly, provided at least 10 years have passed since a constitutional convention was convened; or
  • when approved by a majority vote of the electorate, to whom the question "Shall there be a Constitutional Convention to amend or revise the Constitution of the State?" is submitted whenever 20 years have passed since a constitutional convention was convened and since the question of calling a convention was submitted to the voters.

The General Assembly shall decide, by a two-thirds vote of each house, the method for selecting convention delegates and the date of the convention's convening and adjournment. The most recent referendum on calling a constitutional convention was held on November 4, 2008. Voters opposed calling a constitutional convention by a vote of 847,518 to 579,904.[2]

List of amendments

The state constitution has been amended 31 times.[3]

  1. November 25, 1970 – Added the office of Attorney General to the list of state officers.
  2. November 25, 1970 – Changed the minimum age for state elected offices to 21, except in cases provided for in the constitution.
  3. November 25, 1970 – Created a requirement for annual – not biennial – general sessions of the legislature.
  4. December 22, 1972 – Established a six-person jury for criminal trials (twelve for capital offenses), and the right of peremptory challenge.
  5. November 27, 1974 – Prohibition on sexual discrimination.
  6. November 27, 1974 – Minor changes to the wording of the article defining the Amendment process.
  7. November 27, 1974 – Revised electorship to be a "right," not a "privilege."
  8. November 27, 1974 – Removed the position of Justice of the Peace.
  9. November 24, 1976 – Reduced the age requirement for an elector from 21 to 18, and relaxed the residency and reading requirements.
  10. November 24, 1976 – Allowed 17-year-olds to become electors if their eighteenth birthday will be before the election.
  11. November 24, 1976 – Gave the supreme court the right to remove or suspect a court, and provides a legislative judicial review council.
  12. November 24, 1976 – Established procedures for redistricting.
  13. November 26, 1980 – Removed a paperwork requirement for general assembly elections.
  14. November 26, 1980 – Made the elector application details a matter of law.
  15. November 26, 1980 – Changed the minimum age for state elected offices to 18, except in cases provided for in the constitution.
  16. November 26, 1980 – Revised procedures for redistricting (gave the state legislature 3 more months to submit a plan before the governor was required to appoint a commission).
  17. November 24, 1982 – "In all criminal prosecutions, the accused shall have a right to be heard by himself and by counsel; to be informed of the nature and cause of the accusation; to be confronted by the witnesses against him; to have compulsory process to obtain witnesses in his behalf; to be released on bail upon sufficient security, except in capital offenses, where the proof is evident or the presumption great; and in all prosecutions by information, to a speedy, public trial by an impartial jury. No person shall be compelled to give evidence against himself, nor be deprived of life, liberty or property without due process of law, nor shall excessive bail be required nor excessive fines imposed. No person shall be held to answer for any crime, punishable by death or life imprisonment, unless upon probable cause shown at a hearing in accordance with procedures prescribed by law, except in the armed forces, or in the militia when in actual service in time of war or public danger."
  18. November 24, 1982 – Amends Article Second of the constitution to divide the powers of the government into three distinct departments, and each of them confided to a separate magistracy: the legislative, the executive and the judicial. The legislative department may delegate regulatory authority to the executive department; except that any administrative regulation of any agency of the executive department may be disapproved by the general assembly or a committee thereof in such manner as shall by law be prescribed.
  19. November 24, 1982 – Amends Section 2 of Article XI to prohibit, except as provided in the amendment, pay increases to elected officials of the state or any subdivision thereof in excess of the amount of compensation entitled to at the time of taking office.
  20. November 24, 1982 – Amends Article V to create an appellate court.
  21. November 28, 1984 – Amends Article V of the Amendments to the Constitution of the state to prohibit discrimination on account of physical or mental disability.
  22. November 28, 1984 – Amends Section 18 of Article IV with respect to gubernatorial succession and when the lieutenant governor shall act as governor.
  23. November 28, 1984 – Amends Article IV by adding a new section to establish a division of criminal justice and vest state prosecutorial power in a chief state's attorney and the state attorney in each judicial district.
  24. November 19, 1986 – Amends Section 5 of Article VI to prohibit voting by means of a straight-ticket device.
  25. November 19, 1986 – Amends Section 2 of Article XX of the Amendments to the Constitution of the state with respect to selection, nomination, appointment, and removal of judges.
  26. November 28, 1990 – Amends Section 2 of Article XVI of the Amendments of the Constitution of the state with respect to redistricting.
  27. November 25, 1992 – Amends Section 8 of Article VI to allow "The general assembly [to] provide by law for the absentee admission of electors."
  28. November 25, 1992 – Amends Article III by adding a section establishing a spending cap and its terms of execution.
  29. November 27, 1996 – Amends Article XVII of the Amendments of the Constitution of the state with respect to the rights of the accused and the rights of crime victims.
  30. November 29, 2000 – Repeals Section 25 of Article 4 of the Constitution, eliminating the county sheriffs.
  31. November 26, 2008 – Granted pre-registered electors who have not yet attained 18 years of age the right to vote in primary elections, so long as they will have attained the age of 18 years on or before the date of its respective general election.[4]

Earlier Connecticut constitutions

The Fundamental Orders of Connecticut (1638) is considered by many to be the state's first constitution, although it was adopted while the state was still an English colony. The document recognized no allegiance to England but instead an independent government. The Charter of the Colony of Connecticut (1662) officially superseded the Fundamental Orders, but the local government continued operating under the previous rules. Even after the American Revolutionary War, the state retained its constitution for another 40 years.

The colonial charter was abolished with the adoption of the first state constitution in 1818. In contrast to the Fundamental Orders, that constitution provided for freedom of religion.

On October 1, 1901, Connecticut residents voted nearly 2-to-1 in favor of calling of a constitutional convention to revise the constitution. A convention was held, and a revised constitution was proposed. On June 16, 1902, voters rejected the revised constitution by a margin of more than 2-to-1.

References

  1. ^ "Connecticut Constitution - MegaLaw.com". Archived from the original on December 8, 2008. Retrieved December 8, 2008.
  2. ^ "Archived copy" (PDF). Archived from the original (PDF) on December 24, 2009. Retrieved December 23, 2009.{{cite web}}: CS1 maint: archived copy as title (link)
  3. ^ http://www.ct.gov/sots/cwp/view.asp?A=3188&Q=[permanent dead link]
  4. ^ http://www.stamfordplus.com/stm/information/nws1/publish/News_1/Bysiewicz-praises-passage-of-Constitutional-Amendment-permitting-17-year-olds-to-vote-in-primaries-if-they-turn-18-by-the-General-Election3838.shtml

External links

This page was last edited on 2 August 2023, at 17:15
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