Connecticut Constitution
Encyclopedia
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 is the second constitution that the state has had (although many recognize a third). It consists of 14 articles, and has been amended
31 times.
First, both houses of the legislature must pass a joint resolution proposing a constitutional amendment. If the amendment passes by a three-quarters majority in each chamber, the amendment moves onto the second step. If the amendment passes by more than a majority of both houses but less than three-quarters in both, it must be approved again in the next legislative session.
Second, the proposed amendment must be submitted to electors for ratification by popular vote in the next even-numbered year’s general election. A majority threshold is required for passage.
If a convention is called for, the General Assembly shall decide, by a two-thirds vote of each house, the method for selection of convention delegates, as well as the date of the convention’s convening and adjournment.
The most recent time that the constitutionally mandated constitutional convention question was submitted to state voters was on November 4, 2008. Electors voted down a constitutional convention 847,518 to 579,904.
(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 The Charter of the Colony of Connecticut (1662) officially superseded the Fundamental Orders, but the local government continued operating under the previous rules.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 same constitution for another 40 years.
It wasn't until the passage of the first state constitution in 1818 that the colonial charter was abolished. The constitution is also notable for having reversed the earlier Orders and provided the 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, residents rejected the revised constitution more than 2-to-1.
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Connecticut
Connecticut
Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
. It was approved by referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
on December 14, 1965, and proclaimed by the governor as adopted on December 30. It is the second constitution that the state has had (although many recognize a third). It consists of 14 articles, and has been amended
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
31 times.
Articles
The constitution consists of fourteen articles:- Declaration of Rights - Analogous to the United StatesUnited StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
Bill of RightsUnited States Bill of RightsThe Bill of Rights is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the natural rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and...
, providing rights to speech, assembly, speedy trial, bearing of arms, and religionReligionReligion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...
, among others. - Of the Distribution of Powers - Establishes three branches of government in the state: legislative, executive, and judicial.
- Of the Legislative Department - Creates a two-house legislatureLegislatureA legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
, sets standards for districting, elections, and ethicsEthicsEthics, also known as moral philosophy, is a branch of philosophy that addresses questions about morality—that is, concepts such as good and evil, right and wrong, virtue and vice, justice and crime, etc.Major branches of ethics include:...
. - Of the Executive Department - Sets terms, requirements, and powers of the governorGovernorA governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
, lieutenant governor, secretary of the state, treasurer and comptroller. - Of the Judicial Department - Establishes supremeSupreme courtA supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
, superiorSuperior courtIn common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases...
, and lesser courts, and the rules that govern how judges are chosen. - Of the Qualifications of Electors - Lists age and residency requirements for voters.
- Of Religion - Reiterates the right to free practice of religion.
- Of Education - Charters a free elementary schoolElementary schoolAn elementary school or primary school is an institution where children receive the first stage of compulsory education known as elementary or primary education. Elementary school is the preferred term in some countries, particularly those in North America, where the terms grade school and grammar...
school system, the University of ConnecticutUniversity of ConnecticutThe admission rate to the University of Connecticut is about 50% and has been steadily decreasing, with about 28,000 prospective students applying for admission to the freshman class in recent years. Approximately 40,000 prospective students tour the main campus in Storrs annually...
, and Yale CollegeYale CollegeYale College was the official name of Yale University from 1718 to 1887. The name now refers to the undergraduate part of the university. Each undergraduate student is assigned to one of 12 residential colleges.-Residential colleges:...
. - Of Impeachments - Sets rules for impeachmentImpeachmentImpeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
and treasonTreasonIn law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
trials. - Of Home Rule - Gives the general assembly the right to delegate authority to cities and towns.
- General Provisions - The oath of office, restrictions on salary raises, and other miscellaneous rules.
- Of Amendments to the Constitution - Establishes the method of amending the state constitution.
- Of Constitutional Conventions - Creates the method of calling for a special convention to amend or revise the constitution.
- Of the Effective Date of This Constitution - The constitution became effective after approval by a popular vote and proclamation by the governor.
Legislative process
In Connecticut, the constitutional amendment is a two-step process.First, both houses of the legislature must pass a joint resolution proposing a constitutional amendment. If the amendment passes by a three-quarters majority in each chamber, the amendment moves onto the second step. If the amendment passes by more than a majority of both houses but less than three-quarters in both, it must be approved again in the next legislative session.
Second, the proposed amendment must be submitted to electors for ratification by popular vote in the next even-numbered year’s general election. A majority threshold is required for passage.
By constitutional convention
Pursuant to Article XIII, the state constitution can also be amended or revised via a convention called for such purpose by way of one of two methods:- By a two-thirds vote of each house of the General Assembly, so long as it is not sooner than 10 years from the date of the convening of a previous constitutional convention; or
- By vote of the electorate on the question “Shall there be a Constitutional Convention to amend or revise the Constitution of the State?" which shall be submitted to electors for their consideration after a period of 20 years since a constitutional convention was last called or, if none, 20 years since such question was last submitted.
If a convention is called for, the General Assembly shall decide, by a two-thirds vote of each house, the method for selection of convention delegates, as well as the date of the convention’s convening and adjournment.
The most recent time that the constitutionally mandated constitutional convention question was submitted to state voters was on November 4, 2008. Electors voted down a constitutional convention 847,518 to 579,904.
List of amendments
The state constitution has been amended 31 times.- November 25, 1970 - Added the office of Attorney General to the list of state officers.
- November 25, 1970 - Changed the minimum age for state elected offices to 21, except in cases provided for in the constitution.
- November 25, 1970 - Created a requirement for annual – not biennial – general sessions of the legislature.
- December 22, 1972 - Established a six-person juryJuryA jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
for criminal trials (twelve for capital offensesCapital punishment in ConnecticutCapital punishment in Connecticut currently exists as an available sanction for a criminal defendant upon conviction for the commission of a capital offense. Connecticut, along with New Hampshire, are the only two New England states that maintain a death penalty. Since the 1976 United States...
), and the right of peremptory challengePeremptory challengePeremptory challenge usually refers to a right in jury selection for the defense and prosecution to reject a certain number of potential jurors who appear to have an unfavorable bias without having to give any reason...
. - November 27, 1974 - Prohibition on sexual discrimination.
- November 27, 1974 - Minor changes to the wording of the article defining the Amendment process.
- November 27, 1974 - Revised electorship to be a "right," not a "privilege."
- November 27, 1974 - Removed the position of Justice of the PeaceJustice of the PeaceA justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
. - November 24, 1976 - Reduced the age requirement for an elector from 21 to 18, and relaxed the residency and reading requirements.
- November 24, 1976 - Allowed 17-year-olds to become electors if their eighteenth birthday will be before the election.
- November 24, 1976 - Gave the supreme court the right to remove or suspect a court, and provides a legislative judicial review council.
- November 24, 1976 - Established procedures for redistricting.
- November 26, 1980 - Removed a paperwork requirement for general assembly elections.
- November 26, 1980 - Made the elector application details a matter of law.
- November 26, 1980 - Changed the minimum age for state elected offices to 18, except in cases provided for in the constitution.
- 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).
- 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."
- 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.
- 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.
- November 24, 1982 - Amends Article V to create an appellate courtAppellate courtAn appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
. - 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.
- November 28, 1984 - Amends Section 18 of Article IV with respect to gubernatorial succession and when the lieutenant governor shall act as governor.
- 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.
- November 19, 1986 - Amends Section 5 of Article VI to prohibit voting by means of a straight-ticketStraight-ticket votingStraight-ticket voting or straight-party voting is the practice of voting for candidates of the same party for multiple positions. For example, if a member of the Democratic Party in the United States votes for every candidate from President, Senator, Representative, Governor, state legislators...
device. - 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.
- November 28, 1990 - Amends Section 2 of Article XVI of the Amendments of the Constitution of the state with respect to redistricting.
- November 25, 1992 - Amends Section 8 of Article VI to allow “The general assembly [to] provide by law for the absentee admission of electors.”
- November 25, 1992 - Amends Article III by adding a section establishing a spending cap and its terms of execution.
- 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.
- November 29, 2000 - Repeals Section 25 of Article 4 of the Constitution, eliminating the county sheriffs.
- November 26, 2008 - Granted pre-registered electors who have not yet attained 18 years of age the right to vote primary elections, so long as they will have attained the age of 18 years on or before the date of its respective general election.
Earlier Connecticut constitutions
The Fundamental Orders of ConnecticutFundamental Orders of Connecticut
The Fundamental Orders were adopted by the Connecticut Colony council on January 14, 1638/39 OS . The orders describe the government set up by the Connecticut River towns, setting its structure and powers....
(1638) is considered by many to be the state's first constitution, although it was adopted while the state was still an English
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
colony
Colony
In politics and history, a colony is a territory under the immediate political control of a state. For colonies in antiquity, city-states would often found their own colonies. Some colonies were historically countries, while others were territories without definite statehood from their inception....
. 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
American Revolutionary War
The American Revolutionary War , the American War of Independence, or simply the Revolutionary War, began as a war between the Kingdom of Great Britain and thirteen British colonies in North America, and ended in a global war between several European great powers.The war was the result of the...
, the state retained its same constitution for another 40 years.
It wasn't until the passage of the first state constitution in 1818 that the colonial charter was abolished. The constitution is also notable for having reversed the earlier Orders and provided the 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, residents rejected the revised constitution more than 2-to-1.