Richard B. Collins, D. Oesterle, Lawrence Friedman
{"title":"Nuclear Detonations","authors":"Richard B. Collins, D. Oesterle, Lawrence Friedman","doi":"10.1093/oso/9780190907723.003.0026","DOIUrl":"https://doi.org/10.1093/oso/9780190907723.003.0026","url":null,"abstract":"This chapter describes Article XXVI of the Colorado Constitution, which concerns nuclear detonations. A citizens’ initiative added the article in 1974 in response to detonations of nuclear devices in Colorado for the purpose of releasing natural gas. Citizens argued that the people of Colorado have the right to make the ultimate decision in a matter as important and controversial as nuclear detonations in the state. Sections 1 and 2 prohibit placement in the ground or detonation of any nuclear device unless approved by voters at a general election. Section 3 requires, before any nuclear detonation, a state agency or official must certify that sufficient financial resources exist to compensate for any damage caused by the detonation.","PeriodicalId":364814,"journal":{"name":"The Colorado State Constitution","volume":"264 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132993542","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Schedule","authors":"Richard B. Collins, D. Oesterle, L. Friedman","doi":"10.1093/oso/9780190907723.003.0030","DOIUrl":"https://doi.org/10.1093/oso/9780190907723.003.0030","url":null,"abstract":"This chapter discusses the “Schedule” of the Colorado Constitution. Transition to statehood required that territorial institutions and law be retained until expressly replaced. At the end of the original constitution, twenty-two sections under the heading of Schedule detailed how the transition should work. Although almost entirely obsolete, none has been repealed. Schedule Section 1 was invoked by enterprising defense lawyers in efforts to get their clients off on a technicality. At least one succeeded. Section 20, requiring that presidential electors “be chosen by direct vote of the people,” could be read as obsolete or as a continuing constitutional rule. It is the only section with possible relevance to a current dispute.","PeriodicalId":364814,"journal":{"name":"The Colorado State Constitution","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130628598","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Richard B. Collins, D. Oesterle, Lawrence Friedman
{"title":"Education","authors":"Richard B. Collins, D. Oesterle, Lawrence Friedman","doi":"10.1093/oso/9780190907723.003.0009","DOIUrl":"https://doi.org/10.1093/oso/9780190907723.003.0009","url":null,"abstract":"This chapter studies Article IX of the Colorado Constitution, on public schools. Sections 1 and 15 establish the basic structure for administration of the state’s schools. Section 1 provides for an elected State Board of Education. Section 15 authorizes the general assembly to create school districts “of convenient size” and provides for an elected board of education for each, which “have control of instruction in the public schools of their respective districts.” Section 16 forbids the legislature and the State Board of Education from prescribing public school textbooks. Section 2 requires free public schools open to all residents between ages six and twenty-one. Sections 3, 4, 5, 9, and 10 concern the state public school fund and trust lands. Section 17 sets minimum levels of financial support for schools. Section 8 bans the teaching of sectarian tenets or doctrines in public schools and the use of religious criteria in hiring teachers or admitting students. Section 11 empowers the general assembly to require school attendance or education by other means.","PeriodicalId":364814,"journal":{"name":"The Colorado State Constitution","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132694627","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Richard B. Collins, D. Oesterle, Lawrence Friedman
{"title":"Mining and Irrigation","authors":"Richard B. Collins, D. Oesterle, Lawrence Friedman","doi":"10.1093/oso/9780190907723.003.0016","DOIUrl":"https://doi.org/10.1093/oso/9780190907723.003.0016","url":null,"abstract":"This chapter addresses Article XVI of the Colorado Constitution, which deals with mining and irrigation. Mining and agriculture were Colorado’s principal industries in 1876, so provisions relating to both, and to irrigation in particular, were major subjects of discussion at the convention. Section 2 requires laws to protect the health and safety of miners and prohibits employment in mines of children under twelve. Sections 3 and 4 authorize statutes to regulate drainage of mines and to provide for teaching mining and metallurgy in “institutions of learning” supported by the state. The article’s celebrated Sections 5 and 6 assert public ownership of the unappropriated water of every natural stream and establish the right to appropriate the water of any stream for a beneficial use. Section 7 confers a private power of eminent domain for rights-of-way to convey water.","PeriodicalId":364814,"journal":{"name":"The Colorado State Constitution","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134593298","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Richard B. Collins, D. Oesterle, Lawrence Friedman
{"title":"Corporations","authors":"Richard B. Collins, D. Oesterle, Lawrence Friedman","doi":"10.1093/oso/9780190907723.003.0015","DOIUrl":"https://doi.org/10.1093/oso/9780190907723.003.0015","url":null,"abstract":"This chapter assesses Article XV of the Colorado Constitution, concerning corporations. Section 2 forbids special corporate charters and requires the state to have a general incorporation code. Section 3 reserves legislative power to revoke, alter, or amend the charters of private corporations. Section 5 is an antitrust rule specific to railroads, and Section 6 forbids railroads’ discrimination among customers. Section 8’s guarantees the general assembly’s power of eminent domain over property held by corporations. Section 10 requires foreign corporations doing business in the state to have a place of business and resident agent in Colorado. Section 12’s ban on retrospective laws should be read with Article II, Section 11.","PeriodicalId":364814,"journal":{"name":"The Colorado State Constitution","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125555957","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Richard B. Collins, D. Oesterle, Lawrence Friedman
{"title":"Executive Department","authors":"Richard B. Collins, D. Oesterle, Lawrence Friedman","doi":"10.1093/oso/9780190907723.003.0004","DOIUrl":"https://doi.org/10.1093/oso/9780190907723.003.0004","url":null,"abstract":"This chapter looks at Article IV of the Colorado Constitution, which defines the executive department. By providing for the separate election of the secretary of state, treasurer, and attorney general, Section 1 seems to divide executive branch authority. In practice, this tension has mattered only when the attorney general and governor belonged to different political parties, and the attorney general asserted a legal position opposed by the governor. Section 1 imposes term limits on the state’s elective executives. Section 11 gives the governor the usual veto power followed by Section 12, giving the special power of the line-item veto over appropriations bills. Section 13 has complex provisions for succession if the governor’s office becomes vacant during a term.","PeriodicalId":364814,"journal":{"name":"The Colorado State Constitution","volume":"70 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132063354","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Richard B. Collins, D. Oesterle, Lawrence Friedman
{"title":"Judicial Department","authors":"Richard B. Collins, D. Oesterle, Lawrence Friedman","doi":"10.1093/oso/9780190907723.003.0006","DOIUrl":"https://doi.org/10.1093/oso/9780190907723.003.0006","url":null,"abstract":"This chapter addresses Article VI of the Colorado Constitution, which explains the judicial department and its powers. All aspects of trial and appellate judgeships are defined. Section 3 requires the supreme court to give advisory opinions “upon important questions upon solemn occasions when required by the governor, the senate, or the house of representatives.” Sections 20 and 24 establish the system for filling vacancies in the courts. Judicial nominating commissions choose candidates from whom the governor appoints judges to two-year terms. Section 25 provides for elections on whether to retain judges after two years for full terms or after expiration of a full teem. Section 23 sets rules for retirement or removal of judges.","PeriodicalId":364814,"journal":{"name":"The Colorado State Constitution","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127210728","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Public Indebtedness","authors":"Richard B. Collins, D. Oesterle, L. Friedman","doi":"10.1093/oso/9780190907723.003.0011","DOIUrl":"https://doi.org/10.1093/oso/9780190907723.003.0011","url":null,"abstract":"This chapter discusses Article XI of the Colorado Constitution, governing public debt. Section 1 prohibits pledging public credit to private interests, and Section 2 forbids public grants to private interests or public purchases of shares in private ventures. Applied to the general assembly, Section 2 overlaps the ban on appropriations to private institutions in Article V, Section 34. Both were substantially undermined when the supreme court created a broad “public purpose” exception to them. Section 3 capped the state’s debt at very low levels. Its original purpose was to keep the state substantially on a cash basis, but its importance was much reduced when the supreme court interpreted it not to apply to revenue bonds, debt repayable only from special funds or by a separate entity, or debt limited to one fiscal year even if renewable. Original Sections 6, 7, and 8 were debt limits on local governments analogous to those imposed on the state by Section 3. A 1970 amendment consolidated the three provisions into current Section 6 covering all local governments and removed local debt ceilings. Article XI’s debt rules should be read together with those imposed in 1992 by Article 10, Section 20.","PeriodicalId":364814,"journal":{"name":"The Colorado State Constitution","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117156364","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Richard B. Collins, D. Oesterle, Lawrence Friedman
{"title":"Great Outdoors Colorado","authors":"Richard B. Collins, D. Oesterle, Lawrence Friedman","doi":"10.1093/oso/9780190907723.003.0027","DOIUrl":"https://doi.org/10.1093/oso/9780190907723.003.0027","url":null,"abstract":"This chapter explores Article XXVII of the Colorado Constitution, titled “Great Outdoors Colorado.” The article was added in 1992 to earmark all state lottery proceeds for wildlife, parks, and outdoor recreation. It was adopted in reaction to legislative allocations of lottery proceeds to other purposes. Section 1 established and defined the program. Section 2 created the Great Outdoors Trust Fund with detailed rules for its revenues. Section 3 allocates lottery proceeds among the Trust Fund, the Division of Parks and Recreation, and the Conservation Trust Fund. Section 5(1) vests exclusive control of the Trust Fund in the State Board of the Great Outdoors Colorado Trust Fund, established and defined by Section 6.","PeriodicalId":364814,"journal":{"name":"The Colorado State Constitution","volume":"70 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124973211","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Richard B. Collins, D. Oesterle, Lawrence Friedman
{"title":"State Institutions","authors":"Richard B. Collins, D. Oesterle, Lawrence Friedman","doi":"10.1093/oso/9780190907723.003.0008","DOIUrl":"https://doi.org/10.1093/oso/9780190907723.003.0008","url":null,"abstract":"This chapter explores Article VIII of the Colorado Constitution, on state institutions. Section 1 requires that the general assembly establish and support educational, reformatory, and penal institutions, and empowers it to establish other institutions for the “public good.” The general assembly has liberally used this power to create community colleges, universities, and state colleges. Sections 2 and 3 establish Denver as the state capital unless changed at a general election by a two-thirds vote of the people. Original Section 5 created, as institutions of the new state, the University at Boulder, the Agricultural College at Fort Collins, the School of Mines at Golden, and the school for the deaf at Colorado Springs, and gave them substantial autonomy. A 1970 amendment broadened coverage to all higher education institutions and gave the General Assembly control over them so long as its intent is clearly expressed.","PeriodicalId":364814,"journal":{"name":"The Colorado State Constitution","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128533993","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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