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Oxford Law Citator
Part One The History of the Utah Constitution
The History and Development of the Utah Constitution
The Constitution of the “State of Deseret”
The Organic Act of 1850 and Territorial Government
The 1856 Constitution
The 1862 Constitution
The 1872 Constitution
The 1882 Constitution
The 1887 Constitution
Breaking Barriers to Statehood
The Constitutional Convention of 1895
Polygamy and Church-State Issues
Private Property and Public Use
The Lawyers and Right to Juries
The Woman Suffrage Issue
Governmental Structure and Powers
Education and Sectional Interests
Corporations and Labor
Changes in the First Century
Protection of Rights
The Structure of Government
Corporations, Labor, and Money
Voter Moods and Change
Part Two The Utah Constitution and Commentary
Art.I Declaration of Rights
s.1 Inherent and inalienable rights.
s.2 All political power inherent in the people.
s.3 Utah inseparable from the Union.
s.4 Religious liberty—No property qualification to vote or hold office.
s.5 Habeas corpus.
s.6 Right to bear arms.
s.7 Due process of law.
s.8 Offenses bailable.
s.9 Excessive bail and fines—Cruel punishments.
s.10 Trial by jury.
s.11 Courts open—Redress of injuries.
s.12 Rights of accused persons.
s.13 Prosecution by information or indictment—Grand jury.
s.14 Unreasonable searches forbidden—Issuance of warrant.
s.15 Freedom of speech and of the press—Libel.
s.16 No imprisonment for debt—Exception.
s.17 Elections to be free—Soldiers voting.
s.18 Attainder—Ex post facto laws—Impairing contracts.
s.19 Treason defined—Proof.
s.20 Military subordinate to the civil power.
s.21 Slavery forbidden.
s.22 Private property for public use.
s.23 Irrevocable franchises forbidden.
s.24 Uniform operation of laws.
s.25 Rights retained by people.
s.26 Provisions mandatory and prohibitory.
s.27 Fundamental rights.
s.28 Declaration of the rights of crime victims.
Art.II State Boundaries
s.1 State boundaries.
Religious toleration—Polygamy forbidden.
Right to public domain disclaimed—Taxation of lands—Exemptions.
Territorial debts assumed.
Free nonsectarian schools.
Art.IV Elections and Right of Suffrage
s.1 Equal political rights.
s.2 Qualifications to vote.
s.3 Voters—Immunity from arrest.
s.4 Voters—Immunity from militia duty.
s.5 Voters to be citizens of United States.
s.6 Mentally incompetent persons and certain criminals ineligible to vote.
s.7 Property qualification forbidden.
s.8 Ballot to be secret.
s.9 General and special elections—Terms.
s.10 Oath of office.
Art.V Distribution of Powers
s.1 Three departments of government.
Art.VI Legislative Department
s.1 Power vested in Senate, House, and People.
s.2 Time of general sessions.
s.3 Election of House members—Terms.
s.4 Election of senators—Terms.
s.5 Who eligible as legislator.
s.6 Who ineligible as legislator.
s.7 Ineligibility of member to office created at term for which elected.
s.8 Privilege from arrest.
s.9 Compensation of legislators—Citizens’ salary commission.
s.10 Each house to be judge of election, and qualifications of its members—Expulsion.
s.11 Majority is quorum—Attendance compelled.
s.12 Rules—Choosing officers and employees.
s.13 Vacancies to be filled.
s.14 Journals—Yeas and nays.
s.15 Sessions to be public—Adjournments.
s.16 Duration of sessions.
s.17 Impeachment by House.
s.18 Trial of impeachment by Senate.
s.19 Officers liable for impeachment—Judgment—Prosecution by law.
s.20 Service of articles of impeachment.
s.21 Removal of officers.
s.22 Reading of bills—Bill to contain only one subject—Bills passed by majority.
s.23 Regulation of income taxes.
s.24 Presiding officers to sign bills.
s.25 Publication of acts—Effective dates of acts.
s.26 Private laws forbidden.
s.27 Lotteries not authorized.
s.28 Special privileges forbidden.
s.29 Lending public credit forbidden—Exception.
s.30 Continuity in government.
s.31 Additional compensation of legislators.
s.32 Appointment of additional employees—Legal counsel.
s.33 Legislative auditor appointed.
Art.VII Executive Department
s.1 Executive Department officers—Terms, residence, and duties.
s.2 Election of officers—Governor and Lieutenant Governor elected jointly.
s.3 Qualifications of officers.
s.4 Governor commander-in-chief.
s.5 Executive power vested in Governor—Duties—Legal counsel.
s.6 Convening of extra sessions of Legislature.
s.7 Adjournment of Legislature by Governor.
s.8 Bills presented to Governor for approval and veto—Items of appropriation—Legislative session to consider vetoed items.
s.9 Governor may fill certain vacancies.
s.10 Governor’s appointive power—Vacancies.
s.11 Vacancy in office of Governor—Determination of disability.
s.12 Board of Pardons and Parole—Appointment—Powers and procedures—Governor’s powers and duties—Legislature’s powers.
s.13, 14, and 15
s.14 Duties of Lieutenant Governor.
s.15 Duties of State Auditor and State Treasurer.
s.16 Duties of Secretary of State.
s.16 Duties of Attorney General.
s.17 Duties of Superintendent of Public Instruction.
s.18 Compensation of state and local officers.
s.19 Grants and commissions.
s.20 The Great Seal.
s.21 United States officials ineligible to hold state office.
s.22 The Great Seal.
s.23 United States officials ineligible—Governor not eligible for Senate.
s.24 Temporary succession to public offices in emergency.
Art.VIII Judicial Department
s.1 Judicial powers—Courts.
s.2 Supreme court—Chief justice—Declaring law unconstitutional—Justice unable to participate.
s.3 Jurisdiction of supreme court.
s.4 Rulemaking power of supreme court—Judges pro tempore—Regulation of practice of law.
s.5 Jurisdiction of district court and other courts—Right of appeal.
s.6 Number of judges of district court and other courts—Divisions.
s.7 Qualifications of justices and judges.
s.8 Vacancies—Nominating commissions—Senate approval.
s.9 Judicial retention elections.
s.10 Restrictions on justices and judges.
s.11 Judges of courts not of record.
s.12 Judicial Council—Chief justice as administrative officer—Legal counsel.
s.13 Judicial Conduct Commission.
s.14 Compensation of justices and judges.
s.15 Mandatory retirement.
s.16 Public prosecutors.
s.17 through 27
Art.IX Congressional and Legislative Apportionment
s.2 Number of members of Legislature.
s.1 Free nonsectarian schools.
s.2 Defining the public education system and the higher education system—Fees in secondary schools allowed.
s.3 State Board of Education.
s.4 Control of higher education system by statute—Rights and immunities confirmed.
s.5 State School Fund and Uniform School Fund—Establishment and use—Debt guaranty.
s.6 Separate control of city schools.
s.7 Proceeds of land grants constitute permanent funds.
s.8 No religious or partisan tests in schools.
s.9 Public aid to church schools forbidden.
s.10 Institutions for deaf, dumb, and blind. Property—Fund.
s.11 Metric system.
s.12 and 13
Art.XI Counties, Cities, and Towns
s.1 Existing counties, precincts, and school districts recognized.
s.2 Removal of county seats.
s.3 Changing county lines.
s.4 Optional forms of county government—Precinct and township organizations.
s.5 Municipal corporations—To be created by general law—Right and manner of adopting charter for own government—Powers included.
s.6 Municipalities forbidden to sell waterworks or rights.
s.1 Corporations formation.
s.2 and 3
s.5, 6, and 7
s.8 Consent of local authorities necessary to use of streets.
s.9, 10, and 11
s.12 Common carriers.
s.19 Blacklisting forbidden.
s.20 Free market system as state policy—Restraint of trade and monopolies prohibited.
Art.XIII Revenue and Taxation
s.1 Fiscal year.
s.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.
s.3 Assessment and taxation of tangible property—Livestock—Land used for agricultural purposes.
s.4 Mines and claims to be assessed—Basis and multiple—What to be assessed as tangible property.
s.5 Local authorities to levy local taxes—Sharing tax and revenues by political subdivisions—Debt guaranty.
s.6 Annual statement to be published.
s.7 Rate of taxation on tangible property for general state purposes—Additional levy for support of public school system.
s.8 Officer not to make profit out of public moneys.
s.9 State expenditure to be kept within revenues.
s.10 All property taxable where situated.
s.11 Creation of State Tax Commission—Membership—Governor to appoint—Terms—Duties—County boards—Duties.
s.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.
s.13 Revenue from highway user and motor fuel taxes to be used for highway purposes.
s.14 Tangible personal property tax exemption.
Art.XIV Public Debt
s.1 Fixing the limit of the state indebtedness—Exceptions.
s.2 Debts for public defense.
s.3 Debts of counties, cities, towns, and school districts not to exceed revenue—Exception.
s.4 Limit of indebtedness of counties, cities, towns, and school districts.
s.5 Borrowed money to be applied to authorized use.
s.6 State not to assume county, city, town, or school district debts—Exception.
s.7 Existing indebtedness not impaired.
s.8 Special service districts.
s.1 How constituted.
s.2 Organization and equipment.
s.1 Rights of labor to be protected.
s.2 Board of labor.
s.3 Certain employment and practices to be prohibited.
s.4 Exchange of blacklists prohibited.
s.5 Injuries resulting in death—Damages.
s.6 Eight hours a day’s labor on public works—Health and safety laws.
s.7 Legislature to enforce this article.
s.8 Minimum wage for women and minors—Comfort and safety laws.
Art.XVII Water Rights
s.1 Existing rights confirmed.
s.1 Forests to be preserved.
Art.XIX Public Buildings and State Institutions
Art.XX Public Lands
s.1 Land grants accepted on terms of trust.
s.1 Homestead exemption.
s.2 Property rights of married women.
s.3 Seat of Government.
Art.XXIII Amendment and Revision
s.1 Amendments: proposal, election.
s.2 Revision of the Constitution.
s.3 Submission to electors.
s.1 Actions, contracts to continue.
s.2 Territorial laws continued.
s.3 Prisoners to be held.
s.4 Fines, penalties, and forfeitures due the Territory—Debts of the Territory.
s.5 Recognizances—Judgments—Records—Fines due counties, municipalities, and school districts.
s.6 Criminal prosecutions begun and crimes committed before statehood.
s.7 Transfer of causes, records.
s.8 Seals of courts.
s.9 Transfer of probate causes to district courts.
s.10 Officers to hold office until superseded.
s.11 Election for adoption or rejection of Constitution and for state officers—Voters.
s.12 Officers to be elected.
s.13 Contest for district judgeship, how determined.
s.14 Constitution to be submitted to voters—Ballot.
s.15 Election of officers not provided for herein.
s.16 When Constitution in force.
Table of Cases
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The Utah State Constitution
Jean Bickmore White
US Constitutional Law [USC]
Oxford Commentaries on the State Constitutions of the United States
Published in print:
15 April 2011