By the late 1820’s, the General Assembly had already begun pushing for another constitutional convention. This proved to be very difficult due to limitations outlined in the 1799 Kentucky Constitution. Finally, 50 years after the 1799 Constitution was enacted, a new constitutional convention was organized for Frankfort, Kentucky in 1849.
Following the 1799 Constitution, Kentuckians became frustrated with how many officials were appointed by the governor. The 1850 Constitution addressed this issue. Instead of allowing the governor to appoint state officials, the power was given back to Kentuckians. According to the 1850 Constitution, elections would now be held for all state officials and term limits would be implemented.
The 1850 Constitution had updated provisions on slavery too. While previous constitutions had provided protection of slave property, the 1850 Constitution took it a step farther. A new provision required slaves and their offspring to remain in the state. Ministers of religion were also barred from running for governor or any seat in the General Assembly. This provision was added due to the widely held belief that ministers were primarily anti-slavery.
The 1850 Constitution also made significant reforms to the General Assembly. The Senate was fixed at 38 members, while the House was fixed at 100 members. General Assembly sessions would now be held every other year for a maximum of 60 days per session. However, sessions could still be extended with a 2/3 majority vote.
A lot has changed since Kentucky’s third Constitution was enacted in 1850. There may be nothing that highlights this better than one provision that remains today. The provision states that anyone who participates in a duel is forbidden from holding public office. Although this may seem funny and insignificant in hindsight, it had the potential to derail former Governor William Goebel’s campaign in the 1890’s.
