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Kentucky Constitution Series: 1799 Kentucky Constitution

When the first Kentucky Constitution was ratified in 1792, the signers mutually agreed to reconvene at the turn of the century. They knew the experimental document would need revisions. In 1799, Kentucky voters called for another constitutional convention. This convention began on July 22nd, 1799, in Frankfort, Kentucky. The convention produced the 1799 Constitution, Kentucky’s Second State Constitution.

In many respects, the 1799 Kentucky Constitution proved regressive. The new Constitution abolished the electoral college. Governors, Senators, and Representatives would be elected directly – using a popular vote. Governors previously held the power to appoint judges. The 1799 Constitution gave them the power to appoint local positions, such as sheriffs, coroners, and justices of the peace. The 1799 Constitution introduced term limits. According to the document, Governors were required to wait at least 7 years before running for reelection. Term limits were also established for the General Assembly. The 1799 Constitution reverted back to the old method of voting for the General Assembly. Instead of voting by ballot, votes would be cast orally again.

The first Kentucky Constitution (1792) placed no restrictions on the voting rights of all free men, including African Americans. Unfortunately, the second Kentucky Constitution rescinded this privilege in 1799. Every free male citizen had the right to vote, “Negroes, Mulattoes, and Indians excepted”. The first two Constitutions left no mechanism for amending the document, and the 1799 Constitution made it very difficult to call for a constitutional convention. It took 50 years before another constitutional convention was finally organized.