The Constitution of the State of Colorado
Placed on the world-wide web as a
project of the Independence Institute
This page contains links to the Enabling
Act of Colorado, which created the State of Colorado, and to the Constitution of the
State of Colorado. The links to the Colorado Constitution are contained in the Table of
Contents for the Constitution, which is part of this page. Each link takes you to one
Article of the Constitution.
Introduction, by Former Colorado Attorney General
Gale Norton
Few Colorado residents have ever glanced at the Colorado
Constitution. Probably only a handful has ever read its entirety.
Yet the constitution impacts our lives every day. A
constitution sets out the rules by which we play the game of government. Like the rules
for any other game, it limits the moves available to players. It describes how the various
players interact with each other, and who has more power in various situations.
As in any game, it helps if everyone plays by the rules.
Changing the rules too often can create chaos, but new conditions sometimes demand rule
changes.
We can divide the provisions of the Colorado Constitution
into three groups. One group sets out the basic structure of state government: the General
Assembly, the Judiciary, and the Executive Branch. The separation of powers, and resulting
checks and balances, are roughly the same as the federal governmental structure. A second
group mirrors the federal Bill of Rights, spelling out the basic rights of Colorado
citizens. Again, this is similar to the federal version, although there are some Colorado
additions. The third group of provisions is unique to Colorado. Included are eclectic
details of Colorado’s governing rules.
It is this third area that makes Colorado’s
Constitution interesting reading. Did you know that the Constitution prohibits nuclear
detonations in the state? [Article XXVI.] (This provision will surely come in handy if a
foreign power threatens to drop The Bomb.) Or that planting a hedge on your property will
not increase the property tax? [Article XVIII section 7.] Did you realize the Constitution
gives you a right-of-way across public and private lands to build ditches and flumes?
[Article XVI section 7.]
More seriously, Colorado voters have limited the ability
of government to impose taxes without the people’s consent [Article X section 20],
and have limited the terms of state officials [Article XVIII section 11]. By the important
power to initiate constitutional amendments, the voters of Colorado have been able to
successfully rein in government.
The Constitution contains an in-depth lesson about the
history of our state. Our early mining and farming heritage carries forward in
today’s treatment of water rights. [Article XVI sections 5-6.] The authors required
proper ventilation of mines, and prohibited the employment of children under 12 years old
in mines. [Article XVI section 2.] Several provisions prohibit entanglements between
government and private parties, like the kind that led to abuses by railroad "Robber
Barons" as settlement moved westward. The last vestiges of Prohibition were expelled
by Article XXII, passed in 1932. An old age pension fund was created during the
Depression. [Article XXIV.] An amendment killing the 1976 Winter Olympics was deleted
after serving its purpose. [formerly Article XI section10.]
As you will see, reading the Colorado Constitution will
not only help you better understand our legal system, it will provide a valuable insight
into the character of our state.
[Note: Gale Norton served as Attorney General
of the State of Colorado from 1991 to 1999. Before that she was, among other
things, a Senior Fellow at the Independence Institute. Currently, she is an
attorney in private practice, and a Trustee of the Independence Institute.]
CONSTITUTION OF THE STATE OF COLORADO
Preamble:
We, the people of Colorado, with profound reverence for
the Supreme Ruler of the Universe, in order to form a more independent and perfect
government; establish justice; insure tranquility; provide for the common defense;
promote the general welfare and secure the blessings of liberty to ourselves and our
posterity, do ordain and establish this constitution for the "State of
Colorado".
Section:
1. Vestment of Political Power.
2. People May Alter or Abolish Form of Government Proviso.
3. Inalienable Rights.
4. Religious Freedom.
5. Freedom of Elections.
6. Equality of Justice.
7. Security of Person and Property Searches Seizures Warrants.
8. Prosecutions Indictment or Information.
9. Treason Estates of Suicides.
10. Freedom of Speech and Press.
11. Ex Post Facto Laws.
12. No Imprisonment for Debt.
13. Right to Bear Arms.
14. Taking Private Property for Private Use.
15. Taking Property for Public Use Compensation, How Ascertained.
16. Criminal Prosecutions Rights of Defendant.
16a. Rights of Crime Victims.
17. Imprisonment of Witnesses Depositions Form.
18. Crimes Evidence Against One's Self Jeopardy.
19. Right to Bail Exceptions.
20. Excessive Bail, Fines or Punishment.
21. Suspension of Habeas Corpus.
22. Military Subject to Civil Power Quartering of Troops.
23. Trial by Jury Grand Jury.
24. Right to Assemble and Petition.
25. Due Process of Law.
26. Slavery Prohibited.
27. Property Rights of Aliens.
28. Rights Reserved Not Disparaged.
29. Equality of the Sexes.
30. Right to Vote or Petition on Annexation Enclaves.
30a. Official Language.
30b. No Protected Status Based on Homosexual, Lesbian or Bisexual Orientation. [Declared
to violate the United States Constitution; not in force.]
ARTICLE III. Distribution of
Powers
ARTICLE IV. Executive Department
1. Officers Terms of Office.
2. Governor Supreme Executive.
3. State Officers Election Returns.
4. Qualifications of State Officers.
5. Governor CommanderinChief of Militia.
6. Appointment of Officers Vacancy.
7. Governor May Grant Reprieves and Pardons.
8. Governor May Require Information from Officers Message.
9. Governor May Convene Legislature or Senate.
10. Governor May Adjourn Legislature.
11. Bills Presented to Governor Veto Return.
12. Governor May Veto Items in Appropriation Bills Reconsideration.
13. Succession to the Office of Governor and Lieutenant Governor.
14. Lieutenant Governor President of Senate President Pro Tem (Repealed).
15. No Lieutenant Governor Who to Act as Governor (Repealed).
16. Account and Report of Moneys.
17. Executive Officers to Make Report (Repealed).
18. State Seal.
19. Salaries of Officers Fees Paid into Treasury.
20. State Librarian.
21. Elected Auditor of State Powers and Duties (Repealed).
22. Principal Departments.
23. Commissioner of Insurance.
ARTICLE V. Legislative
Department .
1. General Assembly Initiative and Referendum.
2. Election of Members Oath Vacancies.
3. Terms of Senators and Representatives.
4. Qualifications of Members.
5. Classification of Senators.
6. Salary and Expenses of Members.
7. General Assembly Shall Meet When Term of Members Committees.
8. Members Precluded from Holding Office.
9. Increase of Salary When Forbidden (Repealed).
10. Each House to Choose Its Officers.
11. Quorum.
12. Each House Makes and Enforces Rules.
13. Journal Ayes and Noes to be Entered, When.
14. Open Sessions.
15. Adjournment for More Than Three Days.
16. Privileges of Members.
17. No Law Passed but by Bill Amendments.
18. Enacting Clause.
19. When Laws Take Effect Introduction of Bills.
20. Bills Referred to Committee Printed.
21. Bill to Contain but One Subject Expressed in Title.
22. Reading and Passage of Bills.
22a. Caucus Positions Prohibited Penalties.
22b. Effect of Sections 20 and 22a.
23. Vote on Amendments and Report of Committee.
24. Revival, Amendment or Extension of Laws.
25. Special Legislation Prohibited.
25a. Eighthour Employment.
26. Signing of Bills.
27. Officers and Employees Compensation.
28. Extra Compensation to Officers, Employees, or Contractors Forbidden.
29. Contracts for Facilities and Supplies.
30. Salary of Governor and Judges to be Fixed by Legislature Term Not to be Extended
or Salaries Increased or Decreased (Repealed).
31. Revenue Bills.
32. Appropriation Bills.
33. Disbursement of Public Money.
34. Appropriations to Private Institutions Forbidden.
35. Delegation of Power.
36. Laws on Investment of Trust Funds.
37. Change of Venue (Repealed).
38. No Liability Exchanged or Released.
39. Orders and Resolutions Presented to Governor.
40. Bribery and Influence in General Assembly.
41. Offering, Giving, Promising Money or Other Consideration (Repealed).
42. Corrupt Solicitation of Members and Officers (Repealed).
43. Member Interested Shall Not Vote.
Congressional and Legislative Apportionments
44. Representatives in Congress.
45. General Assembly.
46. Senatorial and Representative Districts.
47. Composition of Districts.
48. Revision and Alteration of Districts Reapportionment Commission.
49. Appointment of State Auditor Term Qualifications Duties.
50. Public Funding of Abortion Forbidden.
ARTICLE VI. Judicial Department
1. Vestment of Judicial Power.
Supreme Court
2. Appellate Jurisdiction.
3. Original Jurisdiction Opinions.
4. Terms.
5. Personnel of Court Departments Chief Justice.
6. Election of Judges (Repealed).
7. Term of Office.
8. Qualifications of Justices.
District Courts
9. District Courts Jurisdiction.
10. Judicial Districts District Judges.
11. Qualifications of District Judges.
12. Terms of Court.
District Attorneys
13. District Attorneys Election Term Salary
Qualifications.
Probate and Juvenile Courts
14. Probate Court Jurisdiction Judges
Election Term Qualifications.
15. Juvenile Court Jurisdiction Judges Election Term
Qualifications.
County Courts
16. County Judges Terms Qualifications.
17. County Courts Jurisdiction Appeals.
Miscellaneous
18. Compensation and Services.
19. Laws Relating to Courts Uniform.
20. Vacancies.
21. Rulemaking Power.
22. Process Prosecution In Name of People.
23. Retirement and Removal of Justices and Judges.
24. Judicial Nominating Commissions.
25. Election of Justices and Judges.
26. Denver County Judges.
ARTICLE VII. Suffrage and
Elections
1. Qualifications of Elector.
1a. Qualifications of Elector Residence on Federal Land.
2. Suffrage to Women (Repealed).
3. Educational Qualifications of Elector (Deleted by amendment).
4. When Residence Does Not Change.
5. Privilege of Voters.
6. Electors Only Eligible to Office.
7. General Election.
8. Elections by Ballot or Voting Machine.
9. No Privilege to Witness in Election Trial.
10. Disfranchisement During Imprisonment.
11. Purity of Elections.
12. Election Contests By Whom Tried.
1. Established and Supported by State.
2. Seat of Government Where Located.
3. Seat of Government How Changed.
4. Appropriation for Capitol Building (Repealed).
5. Educational Institutions.
1. Supervision of Schools Board of Education.
2. Establishment and Maintenance of Public Schools.
3. School Fund Inviolate.
4. County Treasurer to Collect and Disburse.
5. Of What School Fund Consists.
6. County Superintendent of Schools.
7. Aid to Private Schools, Churches, Sectarian Purpose, Forbidden.
8. Religious Test and Race Discrimination Forbidden Sectarian Tenets.
9. State Board of Land Commissioners.
10. Selection and Control of Public Lands.
11. Compulsory Education.
12. Regents of University.
13. President of University.
14. Control of University (Repealed).
15. School Districts Board of Education.
16. Textbooks in Public Schools.
1. Fiscal Year.
2. Tax Provided for State Expenses.
3. Uniform Taxation Exemptions.
4. Public Property Exempt.
5. Property Used for Religious Worship, Schools and Charitable Purposes Exempt.
6. Selfpropelled Equipment, Motor Vehicles, and Certain Other Movable Equipment.
7. Municipal Taxation by General Assembly Prohibited.
8. No County, City, Town to be Released.
9. Relinquishment of Power to Tax Corporations Forbidden.
10. Corporations Subject to Tax.
11. Maximum Rate of Taxation.
12. Public Funds Report of State Treasurer.
13. Making Profit on Public Money Felony.
14. Private Property Not Taken for Public Debt.
15. Boards of Equalization Duties Property Tax Administrator.
16. Appropriations Not to Exceed Tax Exceptions.
17. Income Tax.
18. License Fees and Excise Taxes Use of.
19. State Income Tax Laws by Reference to United States Tax Laws.
20. The Taxpayer's Bill of Rights.
ARTICLE XI. Public Indebtedness
1. Pledging Credit of State, County, City, Town or School
District Forbidden.
2. No Aid to Corporations No Joint Ownership by State, County, City, Town, or School
District.
2a. Student Loan Program.
3. Public Debt of State Limitations.
4. Law Creating Debt.
5. Debt for Public Buildings How Created.
6. Local Government Debt.
7. State and Political Subdivisions May Give Assistance to Any Political Subdivision.
8. City Indebtedness; Ordinance, Tax, Water Obligations Excepted.
9. This Article Not to Affect Prior Obligations (Repealed).
10. 1976 Winter Olympics (Deleted by Amendment).
1. When Office Expires Suspension by Law.
2. Personal Attention Required.
3. Defaulting Collector Disqualified from Office.
4. Disqualifications from Holding Office of Trust or Profit.
5. Investigation of State and County Treasurers.
6. Bribery of Officers Defined.
7. Bribery Corrupt Solicitation.
8. Oath of Civil Officers.
9. Oaths Where Filed.
10. Refusal to Qualify Vacancy.
11. Elected Public Officers Term Salary Vacancy.
12. Duel Disqualifies for Office (Deleted by Amendment).
13. Personnel System of State Merit System.
14. State Personnel Board State Personnel Director.
15. Veterans' Preference.
1. House Impeach Senate Try Conviction When
Chief Justice Presides.
2. Who Liable to Impeachment Judgment No Bar to Prosecution.
3. Officers Not Subject to Impeachment Subject to Removal.
1. Counties of State.
2. Removal of County Seats.
3. Striking Off Territory Vote.
4. New County Shall Pay Proportion of Debt.
5. Part Stricken Off Pay Proportion of Debt.
County Officers
6. County Commissioners Election Term.
7. Officers Compensation (Repealed).
8. County Officers Election Term Salary.
9. Vacancies How Filled.
10. Elector Only Eligible to County Office.
11. Justices of the Peace Constables (Repealed).
12. Other Officers.
13. Classification of Cities and Towns.
14. Existing Cities and Towns May Come Under General Law.
15. Compensation and Fees of County Officers.
16. County Home Rule.
17. Service Authorities.
18. Intergovernmental Relationships.
1. Unused Charters or Grants of Privilege.
2. Corporate Charters Created by General Law.
3. Power to Revoke, Alter or Annul Charter.
4. Railroads Common Carriers Construction Intersection.
5. Consolidation of Parallel Lines Forbidden.
6. Equal Rights of Public to Transportation.
7. Existing Railroads to File Acceptance of Constitution.
8. Eminent Domain Police Power Not to be Abridged.
9. Fictitious Stock, Bonds Increase of Stock.
10. Foreign Corporations Place Agent.
11. Street Railroads Consent of Municipality.
12. Retrospective Laws Not to be Passed.
13. Telegraph Lines Consolidation.
14. Railroad or Telegraph Companies Consolidating with Foreign Companies.
15. Contracts with Employees Releasing from Liability Void.
ARTICLE XVI. Mining and
Irrigation
1. Commissioner of Mines.
2. Ventilation Employment of Children.
3. Drainage.
4. Mining, Metallurgy, in Public Institutions.
Irrigation
5. Water of Streams Public Property.
6. Diverting Unappropriated Water Priority Preferred Uses.
7. Rightofway for Ditches, Flumes.
8. County Commissioners to Fix Rates for Water, When.
1. Persons Subject to Service.
2. Organization Equipment Discipline.
3. Officers How Chosen.
4. Armories.
5. Exemption in Time of Peace.
1. Homestead and Exemption Laws.
2. Lotteries Prohibited Exceptions.
3. Arbitration Laws.
4. Felony Defined.
5. Spurious and Drugged Liquors Laws Concerning.
6. Preservation of Forests.
7. Land Value Increase Arboreal Planting Exempt.
8. Publication of Laws.
9. Limited Gaming Permitted.
9a. U.S. Senators and Representatives Limitation on Terms.
10. Severability of Constitutional Provisions.
11. Elected Government Officials --
Limitations on Terms.
12. Congressional Term Limits Amendment.
12a. Congressional Term Limits Declaration.
13. Prohibited Methods of Taking Wildlife.
1. Constitutional Convention How Called.
2. Amendments to Constitution How Adopted.
ARTICLE XX. Home Rule Cities
and Towns
1. Incorporated.
2. Officers.
3. Transfer of Government.
4. First Charter.
5. New Charters, Amendments or Measures.
6. Home Rule for Cities and Towns.
7. City and County of Denver Single School District Consolidations.
8. Conflicting Constitutional Provisions Declared Inapplicable.
9. Procedure and Requirements for Adoption.
10. City and county of Broomfield - created
11. Officers - city and county of
Broomfield
12. Transfer of government
13. Sections self-executing -
appropriations
1. State Officers May be Recalled.
2. Form of Recall Petition.
3. Resignation Filling Vacancy.
4. Limitation Municipal Corporations May Adopt, When.
1. Repeal of Intoxicating Liquor Laws.
ARTICLE XXIII. Publication of
Legal Advertising
1. Publication of Proposed Constitutional Amendments
and Initiated and Referred Bills.
1. Fund Created.
2. Moneys Allocated to Fund.
3. Persons Entitled to Receive Pensions.
4. The State Board of Public Welfare to Administer Fund.
5. Revenues for Old Age Pension Fund Continued.
6. Basic Minimum Award.
7. Stabilization Fund and Health and Medical Care Fund.
8. Fund to Remain Inviolate.
9. Effective Date.
1. Nuclear Detonations Prohibited Exceptions.
2. Election Required.
3. Certification of Indemnification Required.
4. Article Selfexecuting.
5. Severability.
ARTICLE
XXVII. Great Outdoors Colorado Program
1. Great Outdoors Colorado Program.
2. Trust Fund Created.
3. Moneys Allocated to Trust Fund.
4. Fund to Remain Inviolate.
5. Trust Fund Expenditures.
6. The State Board of the Great Outdoors Colorado Trust Fund.
7. No effect on Colorado water law.
8. No Substitution Allowed.
9. Eminent Domain.
10. Payment in lieu of Taxes.
11. Effective Date.
1. All Laws Remain Till Repealed.
2. Contracts Recognizances Indictments.
3. Territorial Property Vests in State.
4. Duty of General Assembly.
5. Supreme and District Courts Transition.
6. Judges District Attorneys Term Commence on Filing Oath.
7. Seals of Supreme and District Courts.
8. Probate Court County Court.
9. Terms Probate Court, Probate Judge, Apply to County Court, County Judge.
10. County and Precinct Officers.
11. Vacancies in County Offices.
12. Constitution Takes Effect on President's Proclamation.
13. First Election, Contest.
14. First Election Canvass.
15. Senators Representatives Districts.
16. Congressional Election Canvass.
17. General Assembly, First Session Restrictions Removed.
18. First General Assembly Canvass.
19. Presidential Electors, 1876.
20. Presidential Electors After 1876.
21. Expenses of Convention.
22. Recognizances, Bonds, Payable to People Continue.
Please send comments to Independence Institute, 14142 Denver West Pkwy., suite 185,
Golden, CO 80401 Phone 303-279-6536 (fax) 303-279-4176 (email)webmngr@i2i.org
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