Constitution of Connecticut

Constitution of Connecticut. The fundamental governing document of the U.S. state of Connecticut, the current constitution was adopted in 1965, replacing the state's previous Constitution of 1818. It establishes the structure and powers of the state government, delineates the rights of its citizens, and serves as the supreme law within the jurisdiction of Hartford. The document reflects a long constitutional history dating back to the colonial Fundamental Orders of Connecticut, often cited as one of the first written constitutions in the Western tradition.

History

The constitutional history of the region begins with the Fundamental Orders of Connecticut, adopted in 1639 by settlements like Hartford, Windsor, and Wethersfield. This was followed by the Charter of 1662, granted by King Charles II to the Connecticut Colony, which served as a de facto constitution for over a century. After the American Revolution, the Constitution of 1818 was adopted, formally disestablishing the Congregational church and creating a more modern framework. Growing demands for reform in the mid-20th century, particularly regarding reapportionment and the structure of the General Assembly, led to the Connecticut Constitutional Convention of 1965. This convention, chaired by Morgan P. Brainard, drafted the current document, which was approved by voters and became effective on December 30, 1965.

Structure and content

The constitution is composed of a preamble and fourteen articles. Article First is a detailed Declaration of Rights, enumerating protections similar to the Bill of Rights but often extending further, such as explicit rights for crime victims. Article Second outlines the scope of political power, while Article Third establishes the tripartite structure of government, detailing the General Assembly, the Governor and executive branch, and the Supreme Court and judiciary. Subsequent articles cover the specifics of elections, the state militia, and finance. Notably, it provides for a Lieutenant Governor and creates a strong executive branch, while the legislative article was significantly revised from the 1818 constitution to address malapportionment.

Amendments

The constitution provides two primary methods for amendment: proposal by the General Assembly or by a constitutional convention. Legislative proposals require a three-fourths vote in each house in one session, or a majority vote in two successive sessions. All amendments must then be ratified by a majority of voters in a statewide referendum. Since 1965, numerous amendments have been adopted, addressing issues such as allowing lotteries, modifying the state's balanced budget requirement, and updating judicial procedures. A significant 1984 amendment created the position of Victim Advocate and enshrined rights for victims of crime, reflecting a national trend following the federal Victims of Crime Act.

Judicial interpretation

The Connecticut Supreme Court is the ultimate arbiter of the constitution's meaning. Its interpretations have often expanded rights beyond the federal floor set by the Supreme Court of the United States. In landmark cases like *Horton v. Meskill* (1977), the court used the education clause to mandate equitable school funding, influencing similar litigation nationwide. In *Kerrigan v. Commissioner of Public Health* (2008), the court found that the state's constitution guaranteed the right to same-sex marriage, a ruling that preceded the federal decision in Obergefell v. Hodges. The court frequently engages in "independent state grounds" analysis, looking to the text and history of the state's own declaration of rights rather than relying solely on federal precedent from the Warren Court or the Rehnquist Court.

Comparison with U.S. Constitution

While sharing foundational principles with the United States Constitution, Connecticut's document differs in several key respects. Its declaration of rights is more extensive and detailed than the federal Bill of Rights. The amendment process is generally more flexible than the arduous federal process outlined in Article V. Structurally, it provides for a plural executive with independently elected officials like the Attorney General and State Treasurer, whereas the federal system centers power in the President. Furthermore, the Connecticut constitution contains positive mandates, such as the provision for free public education, which are not found in the federal document, granting the Connecticut Supreme Court a broader basis for mandating state action.

Category:Connecticut law Category:State constitutions of the United States Category:1965 in American law