The Constitution of the State of Utah defines the basic form and operation of
state government in Utah.[1]
History
The Utah Constitution was drafted at a
convention that opened on March 4, 1895 in
Salt Lake City. The
constitution was later approved by the citizens of
Utah. It took several attempts to get a constitution approved by Congress.[2]
Utahns had drafted seven previous constitutions starting in 1849 as part of repeated attempts to become a state. However, Congress refused to admit Utah (or
Deseret, as the territory originally wished to be called), until the
Mormon settlers of Utah renounced
polygamy.[2]
Rights enshrined in the Utah Constitution
Beginning with Hansen v. Owens, 619 P.2d 315 (Utah 1980), the
Utah Supreme Court embarked upon a short-lived venture during which the court interpreted Article I, § 12 of the Utah Constitution as providing greater protection against self-incrimination than that which is provided by the
Fifth Amendment. The Hansen decision was based upon the unique language of Article I, § 12, which speaks in terms being compelled "to give evidence against [one]self" rather than being compelled "to be a witness against [one]self." A mere five years later the court retreated from this position and in American Fork City v. Crosgrove, 701 P.2d 1069 (Utah 1985), overruled Hansen. This, however, did not put an end to the notion that the Utah Constitution may provide greater protection than does the federal
Bill of Rights.
It is now clear that Article I, § 14 of the Utah Constitution provides greater protection to the privacy of the home and automobiles than does the
Fourth Amendment.[3] The expansion of the protection afforded by the state constitution has not been based upon distinctions in the language used, nor has it been the result of Utah's unique political and religious history. The Utah Supreme Court has embraced broader constructions as "an appropriate method for insulating this state's citizens from the vagaries of inconsistent interpretations given to the fourth amendment by the federal courts."[4]
The Utah Supreme Court has repeatedly invited litigants to raise and adequately brief state constitutional issues.[5] In Brigham City v. Stuart, 2005 UT 13, ¶10, 122 P. 3d 506, 510, the Utah Supreme Court expressed "surpris[e]" in "[t]he reluctance of litigants to take up and develop a state constitutional analysis," ibid., the court expressly invited future litigants to bring challenges under the Utah Constitution to enable it to fulfill its "responsibility as guardians of the individual liberty of our citizens" and "undertak[e] a principled exploration of the interplay between federal and state protections of individual rights," id., at 511.[6]
Unusual provisions
The original and current editions of the constitution have some unusual or unique provisions:
Originally, a
jury was to be eight people at most (unless for a trial of a person charged with a
capital crime) and seven for a
grand jury, and four for inferior courts.
Spousal privilege is only for 1 man and 1 woman together and not polygamy
Voting machines (referred to as "mechanical contrivance[s]") are allowed provided they be
secret.
Slavery was explicitly allowed "as a punishment for crime" until it was repealed by voters in 2020.[7][8]
An ordinance was added which required the consent of the United States, as well as the state, to revoke or alter parts of the constitution. In part:
Besides the normal (And previously stated) freedom of religion,
polygamy and "plural marriages" are "forever prohibited".
Public schooling is required and must be "free from sectarian control" – this is stated twice, once in the Ordinance, and once in Article X ("Education").
The Governor,
Attorney General, and the Auditor comprise the Board of Prison Commissioners and Insane Asylum Commissioners, and with the Superintendent of Public Instruction, the Board of Reform School Commissioners.
The Legislature and State Board of Education are forbidden from selecting the
textbooks to be used.
The schools of the state must teach the
metric system, Article X § 11 (repealed).[10]
Corporations running prior to the adoption of the constitution had to explicitly agree (by filing an
affidavit with the
Utah Secretary of State) to the new constitution.
No one may bring an "armed ... bod[y] of men" into the state without approval.
Eight hours is a full day for workers on public projects.
Forests of the state get a one section article (XVIII) requiring they be preserved.
Besides the state capitol, the location of the
state fair, special schools,
state prison, reform school, and insane asylum are explicitly set down, and "permanently located".
When voting for or against the draft constitution, voters were to be given a ballot with both "yes" and "no". They then had to erase the word they disagreed with (that is, erase "no" to vote "yes").
^Kenneth R. Wallentine, Heeding the Call: Search and Seizure Jurisprudence Under the Utah Constitution, Article I, Section 14, 17 J. Contemp. L. 267 (1991).