Amazon no longer offers textbook rentals. We do!

The Utah State Constitution

by: White, Jean Bickmore

The Utah State Constitution

by: White, Jean Bickmore

ISBN 13:
9780313293511
ISBN 10:
0313293511
Format: Hardcover
Copyright: 07/30/1998
Publisher: Greenwood Pub Group
Newer Edition

Rent

Sorry, this item is currently unavailable on Knetbooks.com

Click the link below to purchase this eBook from our trusted partner, eCampus.com.

View eBook

Note: Supplemental materials are not guaranteed with Rental or Used book purchases.

Extend or Purchase Your Rental at Any Time

Need to keep your rental past your due date? At any time before your due date you can extend or purchase your rental through your account.

Summary

The constitution of Utah, born of religious conflict, is explained in detail in this addition to the Greenwood series: "Reference Guides to the State Constitutions of the United States." It represents a comprehensive review of the unique historical background and the 100-year development of the Utah State Constitution. Written for the beginning of statehood in 1896, the original constitution survived until the early 1970s with little change. Since that time it has responded to a wave of constitutional reform that has produced change in virtually every article. This reference guide shows these changes section-by-section and explores their purpose and meaning. This book will be of interest for students of government and law.

SERIES FOREWORD

xvii

(4)

G. Alan Tarr

FOREWORD

xxi

(2)

Governor Michael O. Leavitt

ACKNOWLEDGMENTS

xxiii

PART I. THE CONSTITUTIONAL HISTORY OF UTAH

(22)

Utah Territory

(7)

The Constitutional Convention of 1895

(8)

Changes in the First Century

(4)

Notes to Part I

(3)

PART II. THE UTAH CONSTITUTION AND COMMENTARY

(180)

Preamble

(1)

Article I: Declaration of Rights

(30)

Section 1. Inherent and Inalienable Rights

(1)

Section 2. All Political Power Inherent in the People

(1)

Section 3. Utah Inseparable from the Union

(1)

Section 4. Religious Liberty-No Property Qualification to Vote or Hold Office

(4)

Section 5. Habeas Corpus

(1)

Section 6. Right to Bear Arms

(1)

Section 7. Due Process of Law

(2)

Section 8. Offenses Bailable

(1)

Section 9. Excessive Bail and Fines-Cruel Punishments

(2)

Section 10. Trial by Jury

(1)

Section 11. Courts Open-Redress of Injuries

(2)

Section 12. Rights of Accused Persons

(2)

Section 13. Prosecution by Information or Indictment-Grand Jury

(1)

Section 14. Unreasonable Searches Forbidden-Issuance of Warrant

(1)

Section 15. Freedom of Speech and of the Press-Libel

(3)

Section 16. No Imprisonment for Debt-Exception

(1)

Section 17. Elections to Be Free-Soldiers Voting

(1)

Section 18. Attainder-Ex Post Facto Laws-Impairing Contracts

(1)

Section 19. Treason Defined-Proof

(1)

Section 20. Military Subordinate to the Civil Power

(1)

Section 21. Slavery Forbidden

(1)

Section 22. Private Property for Public Use

(2)

Section 23. Irrevocable Franchises Forbidden

(1)

Section 24. Uniform Operation of Laws

(2)

Section 25. Rights Retained by People

(1)

Section 26. Provisions Mandatory and Prohibitory

(1)

Section 27. Fundamental Rights

(1)

Section 28. Declaration of the Rights of Crime Victims

(2)

Article II: State Boundaries

(2)

Section 1. State Boundaries

(2)

Article III: Ordinance

(6)

Religious Toleration-Polygamy Forbidden

(2)

Right to Public Domain Disclaimed-Taxation of Lands-Exemptions

(2)

Territorial Debts Assumed

(1)

Free Nonsectarian Schools

(2)

Article IV: Elections and Rights of Suffrage

(6)

Section 1. Equal Political Rights

(1)

Section 2. Qualifications to Vote

(1)

Section 3. Voters-Immunity from Arrest

(1)

Section 4. Voters-Immunity from Militia Duty

(1)

Section 5. Voters to Be Citizens of United States

(1)

Section 6. Mentally Incompetent Persons and Certain Criminals Ineligible to Vote

(1)

Section 7. Property Qualification Forbidden

(1)

Section 8. Ballot to Be Secret

(1)

Section 9. General and Special Elections--Terms

(1)

Section 10. Oath of Office

(1)

Article V: Distribution of Powers

(2)

Section 1. Three Departments of Government

(2)

Article VI: Legislative Department

(19)

Section 1. Power Vested in Senate, House, and People

(1)

Section 2. Time of General Sessions

(1)

Section 3. Election of House Members--Terms

(1)

Section 4. Election of Senators--Terms

(1)

Section 5. Who Eligible as Legislator

(1)

Section 6. Who Ineligible as Legislator

(1)

Section 7. Ineligibility of Member to Office Created at Term for Which Elected

(1)

Section 8. Privilege from Arrest

(1)

Section 9. Compensation of Legislators--Citizens' Salary Commission

(1)

Section 10. Each House to Be Judge of Election, and Qualifications of Its Members-Expulsion

(1)

Section 11. Majority Is Quorum-Attendance Compelled

(1)

Section 12. Rules-Choosing Officers and Employees

(1)

Section 13. Vacancies to Be Filled

(1)

Section 14. Journals-Yeas and Nays

(1)

Section 15. Sessions to Be Public-Adjournments

(1)

Section 16. Duration of Sessions

(1)

Section 17. Impeachment by House

(1)

Section 18. Trial of Impeachment by Senate

(1)

Section 19. Officers Liable for Impeachment-Judgment-Prosecution by Law

(1)

Section 20. Service of Articles of Impeachment

(1)

Section 21. Removal of Officers

(1)

Section 22. Reading of Bills-Bill to Contain Only One Subject-Bills Passed by Majority

(1)

Section 23. Regulation of Income Taxes. Repealed and Transferred

(1)

Section 24. Presiding Officers to Sign Bills

(1)

Section 25. Publication of Acts-Effective Dates of Acts

(1)

Section 26. Private Laws Forbidden

(1)

Section 27. Lotteries Not Authorized

(1)

Section 28. Special Privileges Forbidden

(1)

Section 29. Lending Public Credit Forbidden-Exception

(2)

Section 30. Continuity in Government

(1)

Section 31. Additional Compensation of Legislators

(1)

Section 32. Appointment of Additional Employees-Legal Counsel

(1)

Section 33. Legislative Auditor Appointed

(2)

Article VII: Executive Department

(16)

Section 1. Executive Department Officers-Terms, Residence, and Duties

(1)

Section 2. Election of Officers-Governor and Lieutenant Governor Elected Jointly

(1)

Section 3. Qualifications of Officers

(1)

Section 4. Governor Commander-in-Chief

(1)

Section 5. Executive Power Vested in Governor-Duties-Legal Counsel

(1)

Section 6. Convening of Extra Sessions of Legislature

(1)

Section 7. Adjournment of Legislature by Governor

(1)

Section 8. Bills Presented to Governor for Approval and Veto-Items of Appropriation-Legislative Session to Consider Vetoed Items

(1)

Section 9. Governor May Fill Certain Vacancies

(1)

Section 10. Governor's Appointive Power-Vacancies

(1)

Section 11. Vacancy in Office of Governor-Determination of Disability

(1)

Section 12. Board of Pardons and Parole-Appointment-Powers and Procedures-Governor's Powers and Duties-Legislature's Powers

(2)

Section 13, 14, and 15. Repealed

100

(1)

Section 14. Duties of Lieutenant Governor

101

(1)

Section 15. Duties of State Auditor and State Treasurer

101

(1)

Section 16. Duties of Secretary of State. Repealed

102

(1)

Section 16. Duties of Attorney General

102

(1)

Section 17. Duties of Superintendent of Public Instruction. Repealed

103

(1)

Section 18. Compensation of State and Local Officers

103

(1)

Section 19. Grants and Commissions

104

(1)

Section 20. The Great Seal

104

(1)

Section 21. United States Officials Ineligible to Hold State Office

104

(1)

Section 22. The Great Seal. Repealed and Transferred

105

(1)

Section 23. United States Officials Ineligible-Governor Not Eligible for Senate. Repealed and Transferred

105

(1)

Section 24. Temporary Succession to Public Offices in Emergency. Repealed

105

(1)

Article VIII: Judicial Department

106

(15)

Section 1. Judicial Powers-Courts

107

(2)

Section 2. Supreme Court-Chief Justice-Declaring Law Unconstitutional-Justice Unable to Participate

109

(1)

Section 3. Jurisdiction of Supreme Court

110

(1)

Section 4. Rulemaking Power of Supreme Court-Judges Pro Tempore-Regulation of Practice of Law

110

(1)

Section 5. Jurisdiction of District Court and Other Courts-Right of Appeal

111

(2)

Section 6. Number of Judges of District Court and Other Courts-Divisions

113

(1)

Section 7. Qualification of Justices and Judges

113

(1)

Section 8. Vacancies-Nominating Commissions-Senate Approval

114

(1)

Section 9. Judicial Retention Elections

115

(1)

Section 10. Restrictions on Justices and Judges

115

(1)

Section 11. Judges of Courts Not of Record

116

(1)

Section 12. Judicial Council-Chief Justice as Administrative Officer-Legal Counsel

116

(1)

Section 13. Judicial Conduct Commission

117

(2)

Section 14. Compensation of Justices and Judges

119

(1)

Section 15. Mandatory Retirement

119

(1)

Section 16. Public Prosecutors

120

(1)

Section 17. through 27. Repealed

120

(1)

Section 28. Repealed in Part and Transferred

120

(1)

Article IX: Congressional and Legislative Apportionment

121

(3)

Section 1. Apportionment

122

(1)

Section 2. Number of Members of Legislature

123

(1)

Section 3. Repealed and Transferred

123

(1)

Section 4. Repealed

123

(1)

Article X: Education

124

(10)

Section 1. Free Nonsectarian Schools

125

(2)

Section 2. Defining the Public Education System and the Higher Education System-Fees in Secondary Schools Allowed

127

(1)

Section 3. State Board of Education

127

(1)

Section 4. Control of Higher Education System by Statute-Rights and Immunities Confirmed

128

(1)

Section 5. State School Fund and Uniform School Fund-Establishment and Use-Debt Guaranty

129

(2)

Section 6. Separate Control of City Schools. Repealed

131

(1)

Section 7. Proceeds of Land Grants Constitute Permanent Funds

132

(1)

Section 8. No Religious or Partisan Tests in Schools

132

(1)

Section 9. Public Aid to Church Schools Forbidden

132

(1)

Section 10. Institutions for Deaf, Dumb, and Blind. Property-Fund. Repealed

133

(1)

Section 11. Metric System. Repealed

133

(1)

Section 12 and 13. Renumbered as Sections 8 and 9

133

(1)

Article XI: Countries, Cities, and Towns

134

(9)

Section 1. Existing Counties, Precincts, and School Districts Recognized

135

(1)

Section 2. Removal of County Seats

136

(1)

Section 3. Changing Country Lines

136

(1)

Section 4. Optional Forms of Country Government-Precinct and Township Organizations

137

(1)

Section 5. Municipal Corporations-To Be Created by General Law-Right and Manner of Adopting Charter for Own Government-Powers Included

138

(4)

Section 6. Municipalities Forbidden to Sell Waterworks or Rights

142

(1)

Article XII: Corporations

143

(5)

Section 1. Corporations Formation

144

(1)

Section 2 and 3. Repealed

144

(1)

Section 4. Suits

144

(1)

Section 5, 6, and 7. Repealed

145

(1)

Section 8. Consent of Local Authorities Necessary to Use of Streets

145

(1)

Section 9, 10, and 11. Repealed

145

(1)

Section 12. Common Carriers

145

(1)

Section 13-18. Repealed

146

(1)

Section 19. Blacklisting Forbidden

146

(1)

Section 20. Free Market System as State Policy-Restraint of Trade and Monopolies Prohibited

147

(1)

Article XIII: Revenue and Taxation

148

(16)

Section 1. Fiscal Year

149

(1)

Section 2. Tangible Property to Be Taxed-Value Ascertained-Exemptions-Remittance or Abatement of Taxes of Poor-Intangible Property-Legislature to Provide Annual Tax for State

149

(4)

Section 3. Assessment and Taxation of Tangible Property-Livestock-Land Used for Agricultural Purposes

153

(2)

Section 4. Mines and Claims to Be Assessed-Basis and Multiple-What to Be Assessed as Tangible Property. Repealed

155

(1)

Section 5. Local Authorities to Levy Local Taxes-Sharing Tax and Revenues by Political Subdivisions-Debt Guaranty

155

(1)

Section 6. Annual Statement to Be Published

156

(1)

Section 7. Rate of Taxation on Tangible Property for General State Purposes-Additional Levy for Support of Public School System. Repealed

156

(1)

Section 8. Officer Not to Make Profit out of Public Moneys

156

(1)

Section 9. State Expenditure to Be Kept within Revenues

157

(1)

Section 10. All Property Taxable Where Situated

157

(1)

Section 11. Creation of State Tax Commission-Membership-Governor to Appoint-Terms-Duties-County Boards-Duties

158

(1)

Section 12. Stamp, Income, Occupation, License, or Franchise Tax Permissible-Reference to United States Laws in Imposition of Income Taxes-Income or Intangible Property Taxes Allocated to Public Education System and Higher Education System

159

(2)

Section 13. Revenue from Highway User and Motor Fuel Taxes to Be Used for Highway Purposes

161

(1)

Section 14. Tangible Personal Property Tax Exemption

162

(2)

Article XIV: Public Debt

164

(6)

Section 1. Fixing the Limit of the State Indebtedness-Exceptions

164

(1)

Section 2. Debts for Public Defense

165

(1)

Section 3. Debts of Counties, Cities, Towns, and School Districts Not to Exceed Revenue-Exception

166

(1)

Section 4. Limit of Indebtedness of Counties, Cities, Towns, and School Districts

167

(1)

Section 5. Borrowed Money to Be Applied to Authorized Use

168

(1)

Section 6. State Not to Assume County, City, Town, or School District Debts-Exception

168

(1)

Section 7. Existing Indebtedness Not Impaired

168

(1)

Section 8. Special Service Districts

169

(1)

Article XV: Militia

170

(2)

Section 1. How Constituted

170

(1)

Section 2. Organization and Equipment

171

(1)

Article XVI: Labor

172

(6)

Section 1. Rights of Labor to Be Protected

172

(1)

Section 2. Board of Labor

172

(1)

Section 3. Certain Employment and Practices to Be Prohibited

173

(1)

Section 4. Exchange of Blacklists Prohibited

174

(1)

Section 5. Injuries Resulting in Death-Damages

175

(1)

Section 6. Eight Hours a Day's Labor on Public Works-Health and Safety Laws

175

(1)

Section 7. Legislature to Enforce This Article

176

(1)

Section 8. Minimum Wage for Women and Minors-Comfort and Safety Laws

176

(2)

Article XVII: Water Rights

178

(4)

Section 1. Existing Rights Confirmed

178

(4)

Article XVIII: Forestry

182

(1)

Section 1. Forests to Be Preserved

182

(1)

Article XIX: Public Buildings and State Institutions

183

(1)

Repealed in Part and Renumbered to Art. XXII, Section 3

183

(1)

Article XX: Public Lands

184

(4)

Section 1. Land Grants Accepted on Terms of Trust

184

(4)

Article XXI: Salaries. Repealed

188

(1)

Article XXII: Miscellaneous

189

(3)

Section 1. Homestead Exemption

189

(2)

Section 2. Property Rights of Married Women

191

(1)

Section 3. Seat of Government

191

(1)

Article XXIII: Amendment and Revision

192

(3)

Section 1. Amendments: Proposal, Election

192

(1)

Section 2. Revision of the Constitution

193

(1)

Section 3. Submission to Electors

194

(1)

Article XXIV: Schedule

195

(8)

Section 1. Actions, Contracts to Continue

195

(1)

Section 2. Territorial Laws Continued

195

(1)

Section 3. Prisoners to Be Held

196

(1)

Section 4. Fines, Penalties, and Forfeitures Due the Territory-Debts of the Territory

196

(1)

Section 5. Recognizances-Judgments-Records-Fines Due Counties, Municipalities, and School Districts

196

(1)

Section 6. Criminal Prosecutions Begun and Crimes Committed before Statehood

197

(1)

Section 7. Transfer of Causes, Records

197

(1)

Section 8. Seals of Courts

197

(1)

Section 9. Transfer of Probate Causes to District Courts

198

(1)

Section 10. Officers to Hold Office until Superseded

198

(1)

Section 11. Election for Adoption or Rejection of Constitution and for State Officers-Voters

198

(1)

Section 12. Officers to Be Elected

199

(1)

Section 13. Contest for District Judgeship, How Determined

199

(1)

Section 14. Constitution to Be Submitted to Voters-Ballot

200

(1)

Section 15. Election of Officers Not Provided for Herein

200

(1)

Section 16. When Constitution in Force

200

(3)

NOTES TO PART II

203

(4)

BIBLIOGRAPHICAL ESSAY

207

(8)

TABLE OF CASES

215

(8)

INDEX

223

Amazon no longer offers textbook rentals. We do!

The Utah State Constitution

The Utah State Constitution

9780313293511

0313293511

Summary

Table of Contents

Supplemental Materials

Write a Review

Amazon no longer offers textbook rentals. We do!

The Utah State Constitution

The Utah State Constitution

9780313293511

0313293511

Summary

Table of Contents

Supplemental Materials

Write a Review

Related Products