Research Guides: Colorado Law and Legal Research: Colorado Constitution

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About the Colorado Constitution

The Colorado Constitution includes 29 articles, two of which have been repealed. The 3rd, 4th, 5th, and 6th articles create the governmental structure - an executive, legislative, and judicial branch. Other articles handle issues such as suffrage and elections (Article VII), education (Article IX), revenue (Article X), and government ethics (Article XXIX). Article II is Colorado's Bill of Rights, which is far more detailed than the federal constitution's. It includes both the federal Bill of Rights as well as additional rights for Colorado citizens, for example equality between the sexes.

Colorado Constitution & Amendments

Colorado Constitution
The Constitution of the State of Colorado is the foundation of the laws and government of the state of Colorado. The current, and only, Colorado State Constitution was drafted March 14, 1876, approved by Colorado voters July 1, 1876, and took effect upon the statehood of Colorado on August 1, 1876. It has been amended several times since then.

This is the text as provided by LexisNexis.
Authenticated Colorado Constitution
The Colorado Constitution is a 40-page manuscript written on machine-made ledger paper. At some point the minutes of the State Constitutional Convention, held in December 1875, were bound in with the Constitution. This 12-page document is written on smaller sized ledger paper. There is evidence that these documents have been rebound several times in their 100 plus years.

The original version was handwritten by Fred J. Stanton, the engrossing and enrolling clerk for the constitutional convention. A copy was later penned by the assistant engrossing and enrolling clerk, W.A. Salisbury.
Initiatives and Blue Book
In Colorado, citizens can place a statewide initiative on the ballot. These initiatives are documented and explained in ballot information books, also known as Bluebooks.

Researching Constitutional Issues

To research a constitutional issue:

Start by locating and reading the constitutional text in the Colorado codes and use the annotations to find cases and other materials impacting that constitutional provision.
Utilize the Colorado Revised Statutes to consult the index or constitution's table of contents.
Consult a treaty on the Colorado Constitution, such as Oesterle and Collin's The Colorado state constitution.
Peruse law journals for relevant articles, which may contain history and analysis of constitutional provisions as well as various policy arguments.

The Colorado State Constitution by Richard Collins; Dale Oesterle
Call Number: KFC22011876.A6 O38 2020
ISBN: 9780190907723
Publication Date: 2020-06-30
The Colorado State Constitution provides an outstanding constitutional and historical account of the state's governing charter. It begins with an overview of Colorado's constitutional history, and then provides an in-depth, section-by-section analysis of the entire constitution, detailing important changes that have been made since its drafting. This treatment, which includes a list of cases, index, and bibliography, makes this guide indispensable for students, scholars, and practitioners of the Colorado constitution.The second edition includes an updated history of the constitution that focuses on events and amendments that have transformed the state in recent years including population growth, background and interpretations of Colorado's complex and unique tax revolt, known as TABOR, the state's extensive provisions for direct democracy, the initiative, veto referendum, and recall of elected officials.The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research.Under the expert editorship of Professor Lawrence Friedman of New England Law School, Boson, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.
Colorado Constitutional Law and History by David Kopel
Call Number: KFC22011876.A6 K674 2021
ISBN: 1600425356
Publication Date: 2021-08-03
Colorado Constitutional Law and History provides students, lawyers, and citizens with historical background, case precedents, and practical analysis of the entire state Constitution. While the U.S. Constitution is terse, the Colorado Constitution is detailed and prescriptive. It covers topics as diverse as gambling, mining, schoolchildren's textbooks, and old age pensions. Adopted in 1876, the Colorado Constitution was the longest that had ever been written. It is even longer today, thanks to the many amendments created via the people's rights of initiative and referendum. When settlement from "the States" began in the 1858 gold rush, Coloradans spontaneously created their own ad hoc governments. Colorado's Constitution later declared Coloradans' "sole and exclusive right of governing themselves." The independent spirit has continued to the present, including in the modern constitutional amendments that defied federal marijuana prohibition. Past and present, Coloradans have wanted an active government, and have also expected that the people in the government will abuse their powers. Colorado's unusually detailed state Constitution is Coloradans' continuing effort to keep government officials under the people's control. Yet over two dozen sections of the Colorado Constitution have been nullified by the Colorado supreme court or by other branches of state government. The majority of nullified sections involve the Constitution's rules against special government aid to politically powerful businesses, and the rules allowing taxation and debt only by voter consent. Colorado Constitutional Law and History describes the successes and failures in the people's attempts to use the Colorado Constitution to regulate governments in Colorado, and to protect Coloradans' rights of governing themselves.
A History of the Colorado Consitution by Hensel, Donald Wayne
Call Number: KFC 2201.5 .H46 1957
Publication Date: 1957
P.H.d. Thesis

Researching Colorado Constitutional History

The researcher may need to investigate the history of a provision for various reasons. The text itself may not be clear, or the researcher is seeking the historical social and legal context for the language/provision.

For those looking to research Colorado constitutional history, they can:

Review the Address to the People of Colorado, which was written by the Colorado constitutional convention. This document summarizes the provisions in the constitution and presents arguments as to why Colorado's citizens should adopt this constitution.
Consult the Proceedings of the Constitutional Convention, a volume which archives all records from the 1876 Colorado constitutional convention. This book provides a daily account of the formal debates and the reports of committees surrounding constitutional language. This book also includes the Enabling Act of 1875, the Address to the People, the constitution, and a proclamation by President Ulysses S. Grant admitting Colorado as a state.
For a broader view, consult Hensel's A History of the Colorado Constitution in the Nineteenth Century. This book utilizes contemporary news reports to provide a narrative of the Colorado constitution's creation.

A History of the Colorado Consitution by Hensel, Donald Wayne
Call Number: KFC 2201.5 .H46 1957
Publication Date: 1957
P.H.d. Thesis
An address to the people of Colorado on the policy of adopting a state government by Colorado Constitutional Convention
Call Number: K46.L56i
Publication Date: 1865
Address of the Committee of the Constitutional Convention to the people of Colorado regarding proposed constitution.
Proceedings of the Constitutional Convention held in Denver, December 20, 1875 by Colorado Constitutional Convention
Call Number: JK78251876 .A18i
Publication Date: 1907