The Commonwealth of Kentucky has adopted four different constitutions throughout its rich history. Kentucky’s fourth and final Constitution, ratified on August 3rd, 1891, continues to serve as the governing document of the Commonwealth. The 1891 Constitution, comprised of a preamble, 263 sections, and over 23,900 words, is substantially longer than the previous three documents. While previous constitutions served as a sort of framework, the 1891 Constitution is more representative of a code of laws.
Kentucky’s attempts at its fourth constitutional convention began in 1873. However, it took over 15 years to receive the majority of votes necessary. Finally, a fourth constitutional convention commenced in September 1890. The convention and subsequent constitution addressed a variety of important issues. The 1850 Constitution was enacted more than a decade before the conclusion of the Civil War, as well as the ratification of the Thirteenth, Fourteenth, and Fifteenth Amendments. Resultantly, 1850 Constitution was at odds with the Federal Constitution, due to its protection of slavery and slave property. Section 25 of the 1891 Constitution bore a strong resemblance to the 13th Amendment of the U.S. Constitution, as it officially forbade slavery and involuntary servitude in Kentucky for the first time.
One major goal of the 1891 Constitution was to address the rampant corruption associated with the railroad industry. Throughout the 19th century, Kentuckians had developed animosity towards railroad companies. They felt that Kentucky’s State legislature had been corrupted by corporate interests, especially those of railroad companies. These fears were confirmed by a series of scandals involving state officials. In response to this growing concern, the 1891 Constitution implemented new regulations on the legislative branch. It prohibited local and special legislation. The intention was to curb the passage of laws for specific interests, particularly those associated with railroad corporations. Section 51 of the constitution counteracted potential corruption by ensuring each law passed by the General Assembly could only relate to a single subject. New provisions also restricted local governments from lending credit to corporations.
For the first time, the 1891 Kentucky Constitution provided a method for amending specific sections. Amendments can be introduced by either the House or the Senate. However, an amendment requires passage by both chambers with a three-fifths majority vote. Once an amendment is approved by the General Assembly, it is placed on the general election ballot, where it only requires a simple majority vote for ratification. Only four amendments (maximum) may be considered in each general election. The Governor has no say in the amendment process.
The 1891 Constitution originally limited the Kentucky Governor and many other state officials to a single four-year term. This was nullified nearly a century later by one of several amendments passed in 1992. According to the 1891 Constitution, the General Assembly was to meet only one out of every two years. This stipulation was adjusted in 2001 when an amendment passed allowing the legislature to hold sessions annually. Another new provision in the 1891 Constitution made changes to elections for judges. Going forward, judges would be required to campaign and seek election in non-partisan races.
Kentuckians may wonder, “why there has not been another Constitutional Convention or Constitution since 1891”. Although the 1891 Constitution accomplished a lot, it did not make the process of calling for a constitutional convention any easier. In fact, there were four failed attempts to call for a constitutional convention throughout the 1900’s. Although it remained difficult to organize a convention, the amendment process established in the 1891 Constitution has been a game changer. Amendments are one of the primary reasons a document from 1891 remains relevant and applicable today. Judicial decisions have also kept the document from becoming antiquated. While some provisions are certainly outdated, (such as a ban on dueling), amendments and court rulings have allowed the century-old document to adapt to modern times.
