Constitution for the
State of Utah
My Personal Thoughts and Comments Concerning the Provisions set forth in the Constitution
PREAMBLE
Grateful to Almighty God for life and liberty, we, the people of Utah, in order to secure and perpetuate the principles of free government, do ordain and establish this CONSTITUTION.
This is the Enacting Clause for the Constitutional Law that We the People are establishing.
This is the statement of We the People, by We the People, and for We the People, that defines, in no uncertain terms, our purpose and our intent in creating a Constitution. We understand that only through a true Republic can we exercise our Sovereign rights and pass our Freedom to our children, our grand children and our Posterity.
No Legislative powers are granted here, only a statement that the government of the State of Utah will be organized in such a way as to secure and perpetuate our freedom.
This establishes the fact that the Constitution will be a set of restrictive and prohibitive laws, that have been mandated and enacted by We, the People of Utah, to control the actions and activities of our public servants who will staff the offices of the Utah Republic, which We the People are creating through this Constitution.
ARTICLE I
DECLARATION OF RIGHTS
This Article is a declaration of our Sovereign rights. These are our inherent and unalienable rights that both the Federal Constitution and the State Constitution were created to secure for us and our posterity. These are the unalienable rights that neither the Federal, nor the State, government can violate, or even infringe upon.
Section 1
Inherent and inalienable rights
All men have the inherent and inalienable right to enjoy and defend their lives and liberties; to acquire, possess and protect property; to worship according to the dictates of their consciences; to assemble peaceably, protest against wrongs, and petition for redress of grievances; to communicate freely their thoughts and opinions, being responsible for the abuse of that right.
This section defines our Common Law and Unalienable Rights that we declared in the Declaration of Independence. These are the unalienable rights we enjoy as Sovereigns. These are the unalienable rights that no Sovereign, or even a group of Sovereigns, can lawfully violate.
Remember, a Constitution does not grant rights to the People it is the People that use the Constitution to grant powers and authority to the State they are creating.
It is We the People who build the cage, and establish the boundaries, within which our State may operate. This Constitution is not created to grant us rights, but to restrict the State from passing laws, or otherwise attempting to infringe upon, or regulate our Sovereignty.
Any attempt, by the people who staff the offices of Utah, to exceed the powers granted in this Constitution will be held to be unconstitutional and invalid.
Each Sovereign is supreme in his own realm. Each Sovereign has the right to defend his Life, Liberty, and the Pursuit of Happiness. He, or she, truly is the King, or Queen, in his, or her, Castle, and only under the most extreme cases can a Sovereign's home be invaded, and only then, when there has been evidence presented to a Common Law Court that the Public Safety is at risk.
Here again, just think of the State as a wild beast and the Constitution is the cage that We built to house it.
As you will also see, only the Legislative Department may propose and enact laws. The Judicial Department and the Executive Department have no authority or ability to create laws. The counties and the cities have no power to create laws, only ordinances -- which are not laws -- and which are restricted to controlling the operation of the county or city.
What is stated in each Section are the unalterable laws that We the People have enacted and decreed will be the way the State functions, the way the officers of the State conduct themselves, and especially to Mandate their actions, and to Prohibit the officers of the State from doing anything that is above and beyond the powers specifically granted herein.
Section 2
All political power inherent in the people
All political power is inherent in the people; and all free governments are founded on their authority for their equal protection and benefit, and they have the right to alter or reform their government as the public welfare may require.
This Section confirms the Sovereignty, the authority, the equality, and the power of the People. We the People have ALL of the political power in both the Federal union and in the State. Without We the People, neither the Federal union nor the State has ANYTHING. Even when We permit the Federal or State entity to take action it must be an action that We, as Sovereign Individuals, have a right to do. We the People cannot violate the Laws of God, nor can we infringe upon the Sovereign rights of our fellow man.
Our Sovereignty was established by God. We declared it in the Declaration of Independence. We claimed it by winning the Revolutionary War. And We secured it through the provisions the We set forth in the Constitution for the united States of America.
This section declares the people to be the real power behind the State, and everything the State has, and everything the State does. It also clarifies that the People have the right, the power, the authority, the obligation, and the duty to alter or reform the government as it affects our peace and happiness (true definition of "Welfare").
In order to comply with our obligation that is set forth in this Section, We the People must watch over what the State does, and how it does it.
If, We the People, ANY ONE OF US, not the majority, but, ANY ONE OF US, sees anything that is out of line, it is our right, it is our duty, and it is our obligation to effect such changes as are necessary to bring the actions and activities of the Government back to what is mandated in the Constitution.
Please note that I have used the word "affects" in relation to the States infringement on our Sovereign Rights to peace and happiness. Affect, implies a force from outside our personal Sovereign Realm.
I have used the word "effect" in relation to the ability of each Sovereign to perform his, or her, obligation to control the actions and activities of the State. Effect, implies an ability that is inherent within each Sovereign Citizen to make the State comply with the terms, conditions, laws and precepts set forth in this Constitution. This is the same word useage that was used in the Declaration of Independence.
Section 3
Utah inseparable from the Union
The State of Utah is an inseparable part of the Federal Union and the Constitution of the United States is the supreme law of the land.
This section is incorrect and therefore is not valid. Even if this section were correct, it does not grant any power to the State.
Because the wrong document is cited, this Section is pure gibberish. Utah is not a part of the Federal Union, because the wrong document is cited. Nor is Utah a part of any other Union, because there is no union that has been created by We the People through a document with the name used in this Section. The cited document is not, and cannot be the supreme law of the land and any attempt to state otherwise is both fraud and treason.
Further, it attempts to make the Federal union all powerful, which is in direct opposition to what We the People wanted when We permitted our States to enter into the treaty that formed the Federal union.
The correct name of the Constitution is the "Constitution FOR the United States OF AMERICA" – please refer to the original Constitution for verification. Be very sure that you go to the Original Constitution as we have located at least 15 different versions of the Constitution.
Section 4
Religious liberty
The rights of conscience shall never be infringed. The State shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; no religious test shall be required as a qualification for any office of public trust or for any vote at any election; nor shall any person be incompetent as a witness or juror on account of religious belief or the absence thereof. There shall be no union of Church and State, nor shall any church dominate the State or interfere with its functions. No public money or property shall be appropriated for or applied to any religious worship, exercise or instruction, or for the support of any ecclesiastical establishment. No property qualification shall be required of any person to vote, or hold office, except as provided in this Constitution.
This Section lists in detail the restrictions we placed on the power of the State to interfere with, or to attempt to control, our Sovereign Right to worship how, when, where, and who we want. This Section is basically an enumeration of the restriction placed against the Federal union's interference with our Sovereign Right to Freedom OF religion as listed in the Bill of Rights Amendments to the Federal Constitution.
Remember though, the Bill of Rights is a very strict prohibition against the Federal union enacting Laws concerning the enumerated rights.
This Section is a restriction on the ability of the State to enact laws that infringe upon our Sovereignty, not just by not being able to dictate who we will worship, but by not allowing the State to enter into any agreements with any church.
Section 5
Habeas corpus
The privilege of the writ of habeas corpus shall not be suspended, unless, in case of rebellion or invasion, the public safety requires it.
Just like the Federal union, the State cannot suspend the right of habeas corpus. Habeas Corpus is a Latin term that roughly means "bring the body." So a Writ of Habeas Corpus is an order to bring the person to the court or entity that issued the Writ.
Because Common Law Courts are the Courts of the People, they have the Basic underlying power of the Writ of Habeas Corpus. When the State is prohibited from suspending the right of habeas corpus We the People are telling the State that it cannot refuse to bring forth the person to the Common Law Court.
If the State had the power to suspend habeas corpus then the State could hide people and no one would have any ability to force the State to bring them forth. This is another restriction on the power of the State.
Section 6
Right to bear arms
The people have the right to bear arms for their security and defense, but the Legislature may regulate the exercise of this right by law.
Sovereign people have a basic right to do whatever is necessary to secure Freedom for themselves and their Posterity.
Even though this Section appears to grant power to the State Legislature it cannot not. Any attempt to grant any power to the State that infringes on our ability and power to defend our Life and Liberty is in direct opposition to the Sovereignty of the People and is therefore invalid.
Allowing the State Legislature to regulate the right to keep and bear arms is tantamount to permitting the Legislature to control our Sovereign ability to secure our Freedom.
This is not, and cannot be a valid power granted to the State, it is an attempt to limit the ability of We the People to respond in defense of our Freedom.
Section 7
Due process of law
No person shall be deprived of life, liberty or property, without due process of law.
Law, in this case, refers to Common Law. The rights to Life, Liberty and Property are founded in the Declaration of Independence and are therefore based in Common Law. The Federal Supreme Court has ruled that neither the Federal Government, nor any State has the right to make laws concerning Common Law because the Constitution FOR the United States reserves all Common Law into the hands of the People.
We granted the Federal union the power to establish Maritime Courts and Equity Courts, but not Common Law Courts. That's why there are no provisions in either the Federal Constitution or the State Constitution concerning the establishment and operation of Common Law Courts. And, neither Maritime nor Equity Courts have any authority over the People or their property.
Only Common Law Courts have powers and authority over people and property. Contrary to what the lawyers, the politicians, and the bureaucrats would have us believe, Common Law is still the basis behind the State governments and the Federal union, and is still totally and completely in the hands of, and under the power, authority, and control of We the Sovereign People.
This Section is a restriction on the powers granted to the State, in that the State cannot make any laws pertaining to Life, Liberty, Property, or the Pursuit of Happiness. The State has no ability or authority to function in these areas. The ultimate and superior power and authority is based in the Common Law Courts.
If you don't think the Common Law Courts have all power and authority then you need to read the 7th Amendment to the Federal Constitution – Article 7 of the Bill of Rights.
Section 8
Offenses bailable
All prisoners shall be bailable by sufficient sureties, except for capital offenses when the proof is evident or the presumption strong.
This is another bar in the cage controlling the beast that We the People created.
This Section is a restriction on the powers granted to the State because it prevents the State from "locking up someone and throwing away the key" without having first obtained a conviction and a sentence.
Here again, prosecution of individuals is reserved to Common Law and so the meaning behind this goes deeper than just a surface reading. This also prohibits the State from infringing upon the power and authority of the Common Law Court, because a person who is locked away has no ability to pursue his remedy at a Common Law Court. Through the power of a Writ of Habeas Corpus, the Common Law Court can enforce the provisions of this Section upon the State.
Section 9
Excessive bail and fines. Cruel punishments
Excessive bail shall not be required; excessive fines shall not be imposed; nor shall cruel and unusual punishments be inflicted. Persons arrested or imprisoned shall not be treated with unnecessary rigor.
This Section works in conjunction with Section 8. Section 8 states that bail is almost always available. Section 9 states that the bail must be reasonable and affordable, otherwise Section 8 is worthless.
Here again, the Common Law Court, through the use of the Writ of Habeas Corpus has the power to enforce this Section. This is another restriction on the powers granted to the State.
Section 10
Trial by jury
In capital cases the right of trial by jury shall remain inviolate. In courts of general jurisdiction, except in capital cases, a jury shall consist of eight jurors. In courts of inferior jurisdiction a jury shall consist of four jurors. In criminal cases the verdict shall be unanimous. In civil cases three-fourths of the jurors may find a verdict. A jury in civil cases shall be waived, unless demanded.
What courts are we talking about? So far, there is nothing in this Constitution that permits the State to establish any court of any kind. So far, all we have done is enumerated the Rights of a Sovereign Individual and restricted the State from infringing upon those rights.
The validity of this section is highly questionable because it tries to change the basic concepts of a Common Law Jury. All Common Law Juries consist of twelve equal Justices who examine all aspects of the case to determine the truth. And their decision must be unanimous.
This is nothing more than a vain attempt by the writers of this Constitution to steal the power and authority of the Common Law from the People.
Hearing cases by less than twelve competent jurors is a violation of Common Law, and only Common Law has the power and authority to rule in matters concerning the People and their property.
If the State does establish any Courts, those courts will be inferior, to the Common Law Court. The 7th Amendment to the Constitution for the united States makes Common Law Courts superior to all other court in the land.
The courts of general jurisdiction and the inferior courts mentioned in this Section have not been defined, and so they do not exist at this point. If they are defined later in the Constitution then their validity will be discussed at that point. However you look at it, this is just another restriction on the State.
Section 11
Courts open. Redress of injuries
All courts shall be open, and every person, for an injury done to him in his person, property or reputation, shall have remedy by due course of law, which shall be administered without denial or unnecessary delay; and no person shall be barred from prosecuting or defending before any tribunal in this State, by himself or counsel, any civil cause to which he is a party.
Here again, What Courts? Nothing has been said about the State having the power to establish any court of any kind. The only court that is basic to the Sovereign Rights of We the People is the Common Law Court.
We the People have retained all rights, powers, and authority pertaining to Common Law, so the State cannot establish Common Law Courts in competition to the true Common Law Courts of, by, and for, We the People.
Not only are all Common Law Courts open to every person, but every person has the Sovereign Right to participate in Common Law Courts. The Common Law Court appoints a jury of twelve Justices who are truly the peers of the accused, because any Sovereign Citizen can be a Justice. Each of the twelve Justices acts as both judge and juror.
Only in a Common Law Court is true Justice and Mercy balanced for the benefit of all parties.
This Section is a public announcement that the Common Law Courts will function in accordance with the Common Laws of the land. Should the State take upon itself the establishment of a court system, then this is a restriction against the State to prohibit the establishment and operation of secret "Kangaroo" courts.
Just like the prior Section, it defines actions that the State may not take if the State takes upon itself the establishment of a court.
Section 12
Rights of accused persons
In criminal prosecutions the accused shall have the right to appear and defend in person and by counsel, to demand the nature and cause of the accusation against him, to have a copy thereof, to testify in his own behalf, to be confronted by the witnesses against him, to have compulsory process to compel the attendance of witnesses in his own behalf, to have a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been Committed and the right to appeal in all cases. In no instance shall any accused person, before final judgment be compelled to advance money or fees to secure the rights herein guaranteed. The accused shall not be compelled to give evidence against himself; a wife shall not be compelled to testify against her husband, nor a husband against his wife, nor shall any person be twice put in jeopardy for the same offense.
This Section is a public notice of the fact that the Sovereign Rights of We the People are fully protected in a Common Law Court venue. Should the State attempt to create courts, then this Section restricts the ability of the State to infringe upon the rights of the Sovereign Citizens.
Why doesn't the accuser have to confront the accused? Under Common Law not only does the accused have the right to know what charges have been made against him, the accuser has to appear in Court.
Most of the Cases in our Courts today show the State or the Federal union as the accuser, this cannot be. Unless there is treason, or insurrection, neither the State nor the Federal union has been damaged. Under Common Law only someone who can LAWFULLY CLAIM to have been damaged has a right to bring suit against someone else.
Remember, the very basis for all of our laws is Common Law. Therefore, only persons who can lawfully claim to have been damaged may bring forth a suit against someone else.
The right of the accused to force his witnesses to come to court and the right to appeal are well established in Common Law as far back as the Magna Carta.
Section 13
Prosecution by information or indictment. Grand jury.
Offenses heretofore required to be prosecuted by indictment, shall be prosecuted by information after examination and commitment by a magistrate, unless the examination be waived by the accused with the consent of the State, or by indictment, with or without such examination and commitment. The grand jury shall consist of seven persons, five of whom must concur to find an indictment; but no grand jury shall be drawn or summoned unless in the opinion of the judge of the district, public interest demands it.
The validity of this Section is highly questionable. Sovereign Citizens have the right to be confronted by their accusers at every step of any prosecution or any accusation.
The use of the Grand Jury, with its secret sessions, and its ability to be guided by the Prosecutor is a direct confrontation with the rights of Sovereign Individuals. The Grand Jury system violates the basic concepts of God's Law.
It is in direct opposition to the basics of the Republic. And is anathema to all thoughts of justice and mercy. The powers granted to the State in this Section are in violation of the very concepts of Sovereignty, and, since they are in direct opposition to God's Laws they are not enforceable.
Section 14
Unreasonable searches forbidden. Issuance of warrant
The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue but upon probable cause supported by oath or affirmation, particularly describing the place to be searched, and the person or thing to be seized.
This further restricts the ability of the State to infringe upon the rights of the Sovereign Citizens.
No Sovereign Citizen has the right to invade, or attack, another Sovereign Citizen's home, business, or property. And even several Sovereign Citizens banding together still do not have the right or the power to invade the home, business, or property of another Sovereign Citizen. A group of Sovereign Citizens who have banded together have no power, or authority, beyond that of a Single Sovereign Citizen.
Because We the People have adopted the Common Law System, and thereby agreed to be subject to its orders, an order, called a Warrant, from the Common Law Court is enforceable, but it must be issued after full and complete hearings by a properly constituted Common Law Jury.
Section 15
Freedom of speech and of the press. Libel
No law shall be passed to abridge or restrain the freedom of speech or of the press. In all criminal prosecutions for libel the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.
This Section further restricts the ability of the State to infringe upon the rights of the Sovereign Citizens.
Sovereignty carries with it the unalienable right to speak freely and in truth.
In fact, up to this point in our analysis, the State still has not been granted any power. All of the Sections have been designed to prohibit the State from infringing on our Sovereign Rights.
This is in effect another public announcement of the fact that the Common Law Court will protect and preserve the Sovereign Rights of We the People. The Common Law Jury's primary responsibility is to discover the truth and to settle the claims in accordance with truth, with law, with mercy, and with justice.
Section 16
No imprisonment for debt. Exception
There shall be no imprisonment for debt except in cases of absconding debtors.
This further restricts the ability of the State to infringe upon the rights of the Sovereign Citizens. In the society that is created within a true Republic there should be not debt, because of the love for our fellow man. God's Law, Do unto others as you would have them do unto you, would prevail.
Under God's laws debts are to be forgiven, especially if they work an undue hardship on our brothers and sisters.
Section 17
Elections to be free. Soldiers voting
All elections shall be free, and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage. Soldiers, in time of war, may vote at their post of duty, in or out of the State, under regulations to be prescribed by law.
This further restricts the ability of the State to infringe upon the rights of the Sovereign Citizens. Any and all powers and authority to interfere with elections and our voting are specifically withheld from the State.
The statement "prescribed by law" refers to Common Law because Common Law is the only system of law that has power and authority over the actions and activities of the Sovereign People, and even then, only as We the People permit it to have power through the Common Law Courts that are staffed and operated by We the People.
Section 18
Bill of Attainder. Ex post facto laws. Impairing contracts
No bill of attainder, ex post facto law, or law impairing the obligation of contracts shall be passed.
This further restricts the ability of the State to infringe upon the rights of the Sovereign Citizens.
A bill of attainder is not a law, because a bill is not a law, but is a ruling whereby the families of criminals are subjected to persecution because of the criminal actions of the family member.
A bill of attainder is a direct affront to God's Law that all Sovereign People are responsible for their own actions. Therefore, bills of attainder are not enforceable.
Ex post facto laws are laws that punish for actions that occurred prior to the law being passed.
Ex post facto is Latin for "after the fact." You simply cannot be charged for a crime that was not unlawful when you did the deed, and later it became unlawful.
Section 19
Treason defined. Proof
Treason against the State shall consist only in levying war against it, or in adhering to its enemies or in giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act.
This further restricts the ability of the State to infringe upon the rights of the Sovereign Citizens.
Treason is defined as conducting war against the State, or in giving aid to those who are conducting war against the State. No conviction can be rendered for treason unless there are two witnesses.
The peaceful actions of the Sovereign Citizens in their attempts to force the State or Federal union to comply with the provisions of their Constitution that was built to cage the Monsters cannot be construed as treason against the State, or the Federal union.
Section 20
Military subordinate to the civil power
The military shall be in strict subordination to the civil power, and no soldier in time of peace, shall be quartered in any house without the consent of the owner; nor in time of war except in a manner to be prescribed by law.
What military?
The only military the State has is the Militia. There are no provisions in the Constitutaion for an army or a navy.
Remember, the Militia consists of every able bodied man between the ages of 18 and 45. This means that the State's Military is formed from the men of the State -- who are a part of the basic power behind the State.
This further restricts the ability of the State to infringe upon the rights of the Sovereign Citizens.
As before, the reference to law, refers to Common Law, as that is the proper venue for cases and situations concerning people and property.
Under Common Law, and under the provisions of the Federal Constitution, there is not to be a standing army. There is a standing navy because all trade and commerce had to cross the ocean and a standing navy was required to protect the interests of the various States, and their Citizens.
Section 21
Slavery forbidden
Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within this State.
This further restricts the ability of the State to infringe upon the rights of the Sovereign Citizens.
Sovereigns are not subject to slavery or forced servitude. Only through voluntary submission can a Sovereign be subject to servitude.
Unfortunately, that is the position we now find ourselves in. We have sat quietly, which has been interpreted to be voluntary submission, and let others control us to where we are virtually slaves. To subject someone to slavery is to infringe upon their God given Agency to determine their own actions. Satan's sin was trying to destroy the Agency given to us by God.
Section 22
Private property for public use
This further restricts the ability of the State to infringe upon the rights of the Sovereign Citizens.
Sovereign Citizens and their Private property fall under the exclusive jurisdiction of the Common Law.
The only way the State can gain title to any Private Property is to go to the Sovereign Citizen that owns the property and purchase it, just like any other person (either real or fictional). Just because the State is functioning by the consent of the Sovereign Citizens of the State does not mean the State has the power to seize any property.
The Sovereign Citizens, no matter how many band together to use their Sovereignty as a group, do not have the right to simply take the property of another Sovereign Citizen and so they cannot give the State the right to simply take the property of a Sovereign Citizen.
Section 23
Irrevocable franchises forbidden
No law shall be passed granting irrevocably any franchise, privilege or immunity.
This further restricts the ability of the State to infringe upon the rights of the Sovereign Citizens.
Even though this Section clearly prohibits the granting of privilege and immunity, the attorneys, judges, and bureaucrats are constantly saying they are immune from prosecution. Any and all attempts to grant "honors" (Privileges) to anyone is unconstitutional by both the Federal and State Constitutions – but, the stubborn, determined, elitists continue to try and sell their unlawful and unconstitutional position.
The word "irrevocable" means something that cannot be withdrawn.
The attorneys have an irrevocable privilege in that only attorneys can be judges. This is a privilege that the rest of us do not enjoy, even though we are all supposed to be equal. The just re-instated 13th Amendment to the Federal Constitution prohibits any honors and this Section is in full compliance with that Amendment.
The word "irrevocably" does not appear in any law dictionary so its usage is highly questionable. Without the questionable word "irrevocably" this is a very strict prohibition against immunity. Even with the questionable word, which clouds the intent of this Section, the State cannot grant immunity to anyone, We the People have banned the practice in the Federal Constitution and in three different Sections in this State Constitution.
Section 24
Uniform operation of laws
All laws of a general nature shall have uniform operation.
This further restricts the ability of the State to infringe upon the rights of the Sovereign Citizens.
This is just verification of the Common Law concept that all Sovereign Citizens are equal.
How, if all laws of a general nature are to have uniform operation do we have people who claim privileges and honors, especially immunity?
The truth is – NO ONE HAS ANY IMMUNITY! ! ! If, a judge rules wrongfully, then go after him. If a Civil "Servant" unlawfully causes you problems, then go after him. The truth is – NO ONE HAS ANY IMMUNITY! ! !
Section 25
Rights retained by people
This enumeration of rights shall not be construed to impair or deny others retained by the people.
This further restricts the ability of the State to infringe upon the rights of the Sovereign Citizens.
The enumeration of rights is not an enumeration of the rights given to the people by the State, but a very specific enumeration of rights that cannot be infringed upon by any laws created by the State.
This section simply states the obvious – The People have and hold all of the powers behind the State. Even though the People may authorize the State to perform certain functions, the People have not assigned, traded, sold, or bartered any of their Sovereign rights. The People still have every right, power, and ability to continue to perform the functions themselves.
Section 26
Provisions mandatory and prohibitory
The provisions of this Constitution are mandatory and prohibitory, unless by express words they are declared to be otherwise.
This further restricts the ability of the State to infringe upon the rights of the Sovereign Citizens.
Mandatory and Prohibitory.
In order to fully understand the true meaning of Mandatory and prohibitory we must understand the meanings of the words.
Mandatory is derived from the word Mandate, which comes from civil law, and civil law is properly the venue of Common Law.
Mandates are instructions the Kings and Queens issued to their public functionaries, which were to serve as rules for their conduct. These mandates resembled those of the proconsuls, the mandata jurisdictio, and were ordinarily binding on the legates or lieutenants of the emperor of the imperial provinces, and, there they had the authority of the principal edicts.
When the Sovereignty of the Crown devolved upon We the People, we gained the right to issue Mandates to our public servants, just as the king did. And, We the People have every right to expect our public servants to obey our mandates, just as the king's servants obeyed his mandates.
Prohibitory comes from the word prohibition.
In law there is a writ of prohibition that is issued by a superior court, directed to the judge and parties of a suit in an inferior court, commanding them to cease from the prosecution of the same, upon a suggestion that the cause originally, or some collateral matter arising therein, does not belong to that jurisdiction.
This is the exact purpose of this Section of this Constitution. To declare that the officers of the State are prohibited from exercising any powers not specifically granted by We the People, who in this case are the superior court, since all political power resides in the Sovereign People.
This Section declares that We the People have put our public servants, who are the officers of the State that We created, on notice that We have retained all powers, rights, and authority not specifically designated in the Constitution.
This writ of prohibition was issued by the Sovereign Citizens to stop the State officers from proceeding by rules differing from those which ought to be observed because through the unlawful exercise of powers beyond its jurisdiction, the State officers would defeat the Sovereign lawful rights of We the People.
This Section very strongly states that only the powers that are specifically spelled out in complete detail in this Constitution are granted to the State. So far in our examination of the State Constitution, we have found no valid powers or authority that the People have specifically granted to the State.
Section 27
Fundamental rights
Frequent recurrence to fundamental principles is essential to the security of individual rights and the perpetuity of free government.
The truthfulness of this statement is obvious. If we do not refer back to our fundamental principles of Sovereignty frequently, then we will forget the concepts behind our Freedom.
We must take the time, and make the effort to study the documents that guaranty our very existence as a free society in order to keep and maintain our free society. If we do nothing, there are many out there who want the power and the money that can be generated from us by our inactivity and lack of knowledge.
ARTICLE II
STATE BOUNDARIES
Section 1
State boundaries
The boundaries of the State of Utah shall be as follows: Beginning at a point formed by the intersection of the thirty-second degree of longitude west from Washington, with the thirty-seventh degree of north latitude; thence due west along said thirty-seventh degree of north latitude to the intersection of the same with the thirty-seventh degree of longitude west from Washington; thence due north along said thirty-seventh degree of east longitude to the intersection of the same with the forty-second degree of north latitude; thence due east along said forty-second degree of north latitude to the intersection of the same with the thirty-fourth degree of longitude west from Washington; thence due south along said thirty-fourth degree of west longitude to the intersection of the same with the forty-first degree of north latitude; thence due east along said forty-first degree of north latitude to the intersection of the same with the thirty-second degree of longitude west from Washington; thence due south along said thirty-second degree of west longitude to the place of beginning.
This is very interesting. It is a metes and bounds description of the land allocated to the Utah republic.
ARTICLE III
ORDINANCE
The following ordinance shall be irrevocable without the consent of the United States and the people of this State.
Ordinances are not laws. Under the Provisions of the Constitution, only the State Legislature has the powerto enact laws, and even then, only with the consent and signature of the Governor.
This is why Cities and Counties pass Ordinances. Ordinances are simply rules that cover the actions of the people who happen to live, or work, or be traveling in the City or County. Such Ordinances have no effect outside the boundaries of the City or County.
The use of an Ordinance in the middle of the Constitution is a very curious situation.
It is interesting to note that whatever changes are made are subject to approval of the United States and the People of Utah. Does the name United States imply that the individual States must approve, or, is it the Federal union that must approve?
Generally, when a law is confusing it is null and void and has no effect. This isn't even a law, this is a confusing ordinance. It has even less effect and power than a confusing law.
Remember, Ordinances are not Laws, and the U. S. Supreme Court has ruled that People are subject to Ordinances if, and only if, they voluntarily agree to be subject to them.
Again, Ordinances are not laws and this Section cannot grant any legislative powers to the State
Religious toleration
Polygamy forbidden
First:--Perfect toleration of religious sentiment is guaranteed. No inhabitant of this State shall ever be molested in person or property on account of his or her mode of religious worship; but polygamous or plural marriages are forever prohibited.
This Paragraph is highly interesting. Its provisions conflict with each other. Did the Framers of our State Constitution suddenly lose their ability to state clearly what they wanted to say?
How can you guaranty absolute freedom of religion and yet ban a religious practice that is prevalent all over the world? Not just in Utah.
If someone from a country where Polygamy is legal moved to Utah would they be arrested? Would they have to abandon their "extra" wives? No! ! !
This provision is so confusing it is impossible to enforce and is therefore worthless.
Again, this is an ordinance, not law and I am certain that the people who practice polygamy have never voluntarily made themselves subject to the Ordinance, nor will they.
An ordinance cannot grant any legislative powers to the State.
Right to public domain disclaimed – Taxation of lands – Exemptions
Second:--The people inhabiting this State do affirm and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries hereof, and to all lands lying within said limits owned or held by any Indian or Indian tribes, and that until the title thereto shall have been extinguished by the United States, the same shall be and remain subject to the disposition of the United States, and said Indian lands shall remain under the absolute jurisdiction and control of the Congress of the United States. The lands belonging to citizens of the United States, residing without this State shall never be taxed at a higher rate than the lands belonging to residents of this State; nor shall taxes be imposed by this State on lands or property herein, belonging to or which may hereafter be purchased by the United States or reserved for its use; but nothing in this ordinance shall preclude this state from taxing, as other lands are taxed, any lands owned or held by any Indian who has severed his tribal relations, and has obtained from the United States or from any person, by patent or other grant, a title thereto, save and except such lands as have been or may be granted to any Indian or Indians under any act of Congress, containing a provision exempting the lands thus granted from taxation, which last mentioned lands shall be exempt from taxation so long, and to such extent, as is or may be provided in the act of Congress granting the same.
This Paragraph is filled with problems. It has so many problems it is difficult to know where to start.
For starters – The Federal Constitution requires the Federal Government to purchase any land lying within the boundaries of a State from the State before it can claim any form of ownership. No monetary compensation is mentioned here, or anywhere else.
Also – The Federal Constitution restricts the ownership of land by the Federal Government to forts, arsenals, dock-yards, and needful buildings.
The land taken by the Federal Government does not fit any of those categories. On what pretense do they attempt to justify the millions of acres of land taken for the Bureau of Land Management, the National Forest Service, and the National Park Service?
There is no justification ! ! !
This is simply a land grab for more power for the people behind the destruction of our Republic. The Boundaries of the State, as defined herein, clearly outline the land that rightfully belongs to the Citizens of the Utah republic.
Also – The reference to Citizens of the United States is a fallacy. The Federal Constitution is a Treaty between the States and there cannot be Citizens of any Treaty organization. There are no Citizens of the United Nations and, in spite of the unconstitutional 14th Amendment, there cannot be any Citizens of the United States. The land validly belongs to the People of the Utah Republic.
Remember – This provision is in the form of an Ordinance. It is not a law and no one is subject to the terms and conditions set forth in the Ordinance who has not voluntarily and willing opted to be subject to them.
Again, an Ordinance is not a law and it cannot grant any legislative powers to the State.
Territorial debts assumed
Third:– All debts and liabilities of the Territory of Utah, incurred by authority of the Legislative Assembly thereof, are hereby assumed and shall be paid by this State.
This is not only the obvious and honorable thing to do, it is curious as to why they even needed to include it. This is still a part of the Ordinance and is not a law.
Other than the obligation to pay the debts and liabilities of the Territory of Utah this grants no legislative powers to the State.
Free, nonsectarian schools
Fourth:--The Legislature shall make laws for the establishment and maintenance of a system of public schools, which shall be open to all the children of the State and be free from sectarian control.
This Sentence appears to empower and command the State Legislature to provide a free public school system.
Notice that I used the word "provide" because the Constitution requires the establishment and maintenance of a public school system.
The question is, why did the framers of the Constitution put this in the Ordinance portion of the Constitution?
Did they have some special motive? I suspect that by placing this provision in the Ordinance Section, they have opened the door for those People who do not want to participate in a public school system to opt out, and to set up their own private system, or to even teach their children at home.
As an Ordinance, this is not binding on the State, if the State opts out, nor is it binding on the People of the Utah Republic.
Even though this provision appears to grant the Legislature the power to enact laws concerning the establishment of a free public school system, an Ordinance is not a law, it is only binding on those who elect to be bound by it, and the legislature may choose to not be bound by the Ordinance.
ARTICLE IV
ELECTIONS AND RIGHT OF SUFFRAGE
Section 1
Equal political rights
The rights of citizens of the State of Utah to vote and hold office shall not be denied or abridged on account of sex. Both male and female citizens of this State shall enjoy equally all civil, political and religious rights and privileges.
This Section further restricts the ability of the State to infringe upon the rights of the Sovereign Citizens.
This Section reiterates the equality of all people as to their ability to "enjoy equally all civil, political, and religious rights and privileges." This Section clearly states that no Utah Citizen can be granted any privilege over any other Citizen as pertains to any civil, political or religious right.
It is of interest to note that it is a privilege and an honor to be a appointed as a Judge, but most people are precluded because they are not a member of a private club called the Bar.
The true 13th Amendment to the Federal Constitution clearly prohibits the granting or claiming of any privileges or honors. This Amendment clearly states that anyone who claims or receives a privilege or honor automatically loses their Citizenship and has no right to hold any office of honor or profit. This Section is in absolute agreement with, and support of, the true 13th Amendment.
Being a judge is an office of honor – we even refer to the judge as "Your Honor." We have been so indoctrinated, by the attorneys, that only attorneys can serve as judges that we have forgotten the basic concept that "all people are created equal." This concept is clearly set forth by this Section of the Constitution.
There are no provisions in the Federal Constitution that require that the Justices of the Supreme Court be lawyers, attorneys, or members of any Bar association. Every Citizen, be they farmer, ditch digger, doctor, or lawyer, is entitled to hold any office in the Federal or State organizations, so long as they meet the Citizenship and residency requirements set forth.
The requirement of membership in any privately organized association in order to hold any political or civil office is absolutely unconstitutional.
Let me say it again – There are no conditions set forth in either the Federal or State Constitution that requires any membership in any organization, other than to be a Citizen of the State where you reside, in order to hold any office, including Supreme Court Justice, Attorney General for the Federal union or one of the States, and especially a judge.
Where does the State or the Federal union get the idea they can control religious rights and privileges?
They claim their right to oppress us from the unconstitutional desire and the unlawful actions of the lawyers who staff the offices established under the provisions of this Constitution, by their simply ignoring the provisions of this Constitution, and, primarily, because We the People have been lied to, misled, frauded, and cheated to the point that we don't know the law.
The statement in this Section is set forth by We the People to prohibit the State from infringing on our Sovereign rights. Rather than empowering the State to do things, this Section is a major denial of power of the State to enact laws.
Section 2
Qualifications to vote
Every citizen of the United States, of the age of twenty-one years and upwards, who shall have been a citizen for ninety days, and shall have resided in the State or Territory one year, in the county four months, and in the precinct sixty days next preceding any election, shall be entitled to vote at such election except as herein otherwise provided.
This Section defines who may vote. The problem is it defines a Citizen of the United States. Our voting rights come from our Sovereignty, not from a grant by any entity that we have created.
This Constitution was created after the 14th Amendment to the Constitution for the United States of America was "ratified." The 14th Amendment is unconstitutional because its concepts exceed the authority granted by the Sovereign People in the Original drafting of the Federal Constitution, and it not only infringes upon our Sovereignty, it boldly attacks our Sovereignty.
But, you ask, didn't we change our minds and amend the Constitution.
No! ! ! We did not.
In order to get the 14th Amendment passed the legislators from eleven Southern States were declared to be improperly elected and seated because the States didn't properly exist yet – following the Civil War. These same eleven States voted in favor of the bogus 13th Amendment just two years earlier and their vote was gladly accepted. Now when their vote was going the "wrong way," the powers in the Federal Congress threw out the true representatives of the People and replaced them with military personnel who voted in favor of the 14th Amendment.
Is it any wonder that only the 13th, the 14th, the 15th, and the 16th Amendments, the ones that really violate our Sovereign Rights, are specifically numbered. All other Amendments were proposed without a specified Amendment number.
The truth concerning the 14th Amendment, as well as the 13th Amendment and the 16th Amendment is all on the Internet. Simply type the amendment number into your search engine and enjoy the articles that appear.
Also, the Federal Constitution is a treaty between the States. Just as we cannot be a Citizen of the United Nations, it is impossible to be a Citizen of the treaty between the States.
This is a statement by We the People of our absolute intent to retain the rights of the Sovereign Citizens to be able to voice their opinions as to the officers of their government.
Section 3
Electors: immunity from arrest
In all cases except those of treason, felony or breach of the peace, electors shall be privileged from arrest on the days of election, during their attendance at elections, and going to and returning therefrom.
If this provision was not included it could lead to election fraud by unlawfully arresting the Electors. This immunity is valid because it is for a specific purpose and for a very short period of time.
Section 4
Electors Exempt From militia duty
No elector shall be obliged to perform militia duty on the day of election except in time of war or public danger.
Here again, the Electors are free to perform their duties with the Electoral College.
Section 5
Electors to be citizens of U.S.
No person shall be deemed a qualified elector of this State unless such person be a citizen of the United States.
This defines who may serve as an Elector.
The problem is – there are no Citizens of the United States. There are only Citizens of the various united States, but no Citizens of the Federal union. It is impossible to be a Citizen of a Treaty Organization.
Section 6
Certain criminals, etc., ineligible to vote
No idiot, insane person or person convicted of treason, or crime against the elective franchise, unless restored to civil rights, shall be permitted to vote at any election, or be eligible to hold office in this State.
This defines certain classes of people who supposedly cannot exercise the right to vote.
While it is true that a person who does not have the mental capacity to comprehend the options set before him is certainly not capable of making a choice that is always in his, or her, best interest. I guess, it could be argued that a person who is truly an idiot, or insane could be held to be incapable of voting.
A person who has been convicted of treason has voluntarily elected not to be a member of the group of Sovereigns who are participating in the election process. Unless he, or she, has repented, and elected to once again be a member of the group then they should not be allowed to cast a vote. This says nothing about anyone taking away their Sovereign Rights – we do not have that power or authority.
As for a crime against the elective franchise that is a totally different matter.
Neither Bouvier's Law Dictionary (6th Edition - 1853) nor Black's Law Dictionary (1st Edition - 1891) define the term "elective franchise."
Bouvier's Dictionary does not define the word "elective," but Black's Dictionary defines it as "conferring the right to vote at elections."
Bouvier's Dictionary defines "franchise" as a certain privilege, conferred by grant from the government, and vested in individuals, or, in England, they, are said to be royal privileges in the hands of a subject.
Black's Dictionary defines "franchise" as a special privilege conferred by government upon an individual, and which does not belong to the citizens of the country generally, of common right.
So, by combining the definitions we are to understand that the term "elective franchise" is a government granted privilege that is not commonly held by the Citizens.
I DON'T THINK SO! ! ! ! !
The right to vote is not an elective franchise that has been granted by the government as a special privilege. Voting is a basic right that We the People, as the Sovereigns that created the government, have retained as our common right.
This Section is a blatant example of just how far afield the concepts established by our Founding Fathers had deteriorated in just a short 100 years. It is now another 100 years later. Nothing has been done to correct the problem and so we find ourselves even worse off. It's no wonder that everyone is now grumbling about the oppressive government and the corrupt lawyers, judges, and courts. As we continue with our analysis we will find more and more Sections that are just as unconstitutional, unconscionable, and outlandish.
This Section strongly points out the fact that it is our responsibility to know the law. Our Founding Fathers warned us that if we did not know the law that we would lose our Republic. And now, just 100 years later, this document was written that clearly demonstrates the wisdom and foresight of our Founding Fathers.
The balance of what our Founding Fathers had to say about knowing the law, was that we should be "well disposed to use it." Just knowing the law doesn't do any good if we are not willing to stand up to those who would pervert our laws.
We must do everything in our power to learn the law, to educate our loved ones in the meanings and concepts behind the law, and to motivate those around us into also learning and understanding the law. And then, we must use the law to insure that our servants obey our Mandates and honor our Writ of Prohibition.
Section 7
Property qualification forbidden, when
Except in elections levying a special tax or creating indebtedness, no property qualification shall be required for any person to vote or hold office.
This further restricts the ability of the State to infringe upon the rights of the Sovereign Citizens. To levy "special taxes" or create indebtedness that does not apply to all Citizens is an affront to Sovereignty. This is as wrong as granting special rights and honors to some Citizens and not all Citizens.
No group of Citizens can, or should be singled out to bear the burdens of a special tax or indebtedness.
We are all equal. There is no reason for any special tax, or any specially created indebtedness.
What are they talking about?
Section 8
Ballot to be secret
All elections shall be by secret ballot. Nothing in this section shall be construed to prevent the use of any machine or mechanical contrivance for the purpose of receiving and registering the votes cast at any election: Provided, That secrecy in voting be preserved.
This further restricts the ability of the State to infringe upon the rights of the Sovereign Citizens.
It is interesting to note that the private actions of the Sovereign Citizens are to be done in secret, but the actions and activities of the public officers are to be just as the name says – "PUBLIC."
Section 9
Elections, when held. Terms begin, when
All general elections, except for municipal and school officers, shall be held on the Tuesday next following the first Monday in November of the year in which the election is held. Special elections may be held as provided by law. The terms of all officers elected at any general election, shall commence on the first Monday in January next following the date of their election. Municipal and School officers shall be elected at such time as may be provided by law.
This Section defines the dates, and sets the times for elections. The Federal Constitution grants the Federal Congress the right intervene in the State elections to the point of setting the times and dates, but not the places or the procedures.
This Section, when it states "as may be provided by law," appears to grant the State the power to establish when and under what conditions special elections can be held. But, all prior references to "law" have obviously referred to Common Law, and, in order to maintain consistency, we must recognize that here again the word "law" is referring to Common Law, and therefore it is the People who will set the times and places.
It also appears to grant the State the power to provide for election of Municipal and School officers, but, once again this is really Common Law.
In order to grant legislative powers to the State the Constitution must very clearly, very specifically, and very strongly state that the Legislature is empowered to enact laws concerning the area being discussed in the Section involved. There are Sections that contain that language and their intent is very specific.
Section 10
Oath of office
All officers made elective or appointive by this Constitution or by the laws made in pursuance thereof, before entering upon the duties of their respective offices, shall take and subscribe the following oath or affirmation:
"I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States and the Constitution of this State, and that I will discharge the duties of my office with fidelity."
This Section defines the oath of office that everyone must take before taking office.
Notice though that oath defines the wrong Constitution – the correct name is: the Constitution FOR the United States OF AMERICA. It is not, the Constitution of the United States. The word OF conveys an entirely foreign connotation to the meaning behind the Constitution FOR the United States of America.
NO OFFICER IN THE STATE HAS SWORN TO UPHOLD THE CORRECT CONSTITUTION.
ARTICLE V – DISTRIBUTION OF POWERS
Section 1 – Three departments of government
The powers of the government of the State of Utah shall be divided into three distinct departments, the Legislative, the Executive, and the Judicial; and no person charged with the exercise of powers properly belonging to one of these departments, shall exercise any functions appertaining to either of the others, except in the cases herein expressly directed or permitted.
The Founding Fathers understood that they could not put all of the power of the government in a single man, or a single department. To do so would have opened the door to, and enabled, the possibility of a power grab.
Just like the Federal Constitution the head of the State government was split into three parts. No one of which can intrude upon the powers of the other. This Section defines those three distinct and separate departments of State government. It also prohibits any person in one branch of government from infringing upon the powers and authority of either of the other branches.
Even though the Governor must sign all laws before they become effective, he does not have the power to enact a law by himself. Even though the Lieutenant Governor is responsible for publishing the laws, he cannot take it upon himself to publish something and call it a law.
Even though the courts are charged with upholding the law, they do not, and cannot, take it upon themselves to enact laws from the bench, even though many judges have done it in the past and are still trying to do it.
A law must meet all of the Constitutional requirements in order to be binding upon anyone.
There are no legislative powers granted to the State in this Section, just a very strong prohibition against those who have no authority to try to enact laws, and to prohibit others in attempting to perform acts and duties outside of their Constitutional Realm.
ARTICLE VI – LEGISLATIVE DEPARTMENT
Section 1 – Power Vested in Senate and House
The Legislative power of the State shall be vested in a Senate and House of Representatives, which shall be designated The Legislature of the State of Utah.
This Section establishes and defines the State Legislature.
It vests the Legislative Powers in a Senate and House of Representatives. Even though this Section defines the Senate and the House of Representatives, and vests the Legislative Powers in them, there are no specific legislative powers granted in this Section.
Section 2 – Time of regular sessions
Regular Sessions of the Legislature shall be held bi-annually at the seat of government; and, except the first session thereof shall begin on the second Monday in January next after the election of members of the House of Representatives.
This provides for meetings of the State Legislature. It defines when and where the meetings will be held.
Section 3 – Members, how and when chosen
The members of the House of Representatives, after the first election, shall be chosen by the qualified electors of the respective representative districts, on the first Tuesday after the first Monday in November, 1896, and biennially thereafter. Their term of office shall be two years, from the first day of January next after their election.
This Section sets the length of term and the method of election of members of the House of Representatives.
Section 4 – Senators, how and when chosen
The senators shall be chosen by the qualified electors of the respective senatorial districts, at the same times and places as members of the House of Representatives, and their term of office shall be four years from the first day of January next after their election: Provided, That the senators elected in 1896 shall be divided by lot into two classes as nearly equal as may be; seats of senators of the first class shall be vacated at the expiration of two years, and those of the second class at the expiration of four years; so that one-half, as nearly as possible, shall be chosen biennially thereafter. In case of increase in the number of senators, they shall be annexed by lot to one or the other of the two classes, so as to keep them nearly equal as practicable.
This Section sets the length of term and method of election of members of the Senate.
Section 5 – Who eligible as legislator
No person shall be eligible to the office of senator or representative, who is not a citizen of the United States, twenty-five years of age, a qualified voter in the district from which he is chosen, a resident for three years of the State, and for one year of the district from which he is elected.
This establishes the eligibility of individuals who seek to serve as Senators or Representatives.
Section 6 – Who ineligible
No person holding any public office of profit or trust under authority of the United States, or of this State, shall be a member of the Legislature: Provided, That appointments in the State Militia, and the offices of notary public, justice of the peace, United States commissioner, and postmaster of the fourth class, shall not, within the meaning of this section, be considered offices of profit or trust.
This Section establishes who is to be restricted from membership in the State Legislature. Basically, if anyone is holding any other office of profit or trust they cannot serve in the Legislature. This is done to eliminate any possible conflicts of interest.
Section 7 – Ineligibility of member to office created, etc.
No member of the Legislature, during the term for which he was elected, shall be appointed or elected to any civil office of profit under this State, which shall have been created, or the emoluments of which shall have been increased, during the term for which he was elected.
This restricts Members of the State Legislature from serving in other civil offices at the same time. It also prohibits a member of the Legislature from creating an officer, or increasing the salary of an officer and then taking the position. Here again, this is to eliminate any possible conflicts of interest.
Section 8 – Privilege from arrest
Members of the Legislature, in all cases except treason, felony or breach of the peace, shall be privileged from arrest during each session of the Legislature, for fifteen days next preceding each session, and in returning therefrom; and for words used in any speech or debate in either house, they shall not be questioned in any other place.
This prohibits the arrest of Members of the State Legislature during the time of the Legislative Session. If this were not in place, then unlawful arrests and detention could alter the outcome of bills and legislative actions.
This is a legitimate use of immunity because it is for a very short time that has been predetermined, and for a very specific reason.
Section 9 – Compensation of members
The members of the Legislature shall receive such per diem and mileage as the Legislature may provide, not exceeding four dollars per day, and ten cents per mile for the distance necessarily traveled going to and returning from the place of meeting on the most usual route, and they shall receive no other pay or perquisite.
This permits the Members of the State Legislature to be compensated for their travel expenses, and permits the Legislature to set the per diem and mileage compensation.
Notice, this Section specifically states that the Legislature may provide for the per diem and mileage. This is a legitimate power granted to the legislature.
Section 10 – Each house to judge of election, etc., of its members. Expulsion
Each house shall be the judge of the election and qualifications of its members, and may punish them for disorderly conduct, and with the concurrence of two-thirds of all the members elected, expel a member for cause.
Each House is empowered to control its own Members, and is appointed to judge the election and qualifications of its own members.
Even though it does not specifically designate the Legislature by name, it does specifically designate the Legislature by the term "House," which is the same language that was used in the Section that established the Legislature.
Section 11 – Majority is quorum. Attendance compelled
A majority of the members of each house shall constitute a quorum to transact business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as each house may prescribe.
This defines basic Senate and House rules of order.
This Section uses the same term "House" to identify both the Senate and the House of Representatives. It does not, however, grant any legislative powers.
Section 12 – Rules. Choosing officers
Each house shall determine the rules of its proceedings and choose its own officers and employees.
Each House is empowered to control its own affairs, and to select its own officers and employees.
Both the Senate and the House of Representatives are empowered to create such rules – not enact laws – as they see fit for their own proceedings and selection of their own officers and employees.
Section 13 – Elections to fill vacancies
The Governor shall issue writs of election to fill vacancies that may occur in either house of the Legislature.
The Governor is entitled to fill vacancies that may occur in the Senate or the House of Representatives.
Section 14 – Journals. Yeas and nays
Each house shall keep a journal of its proceedings, which, except in case of executive sessions, shall be published, and the yeas and nays on any question, at the request of five members of such house, shall be entered upon the journal.
Each House must keep written records of its proceedings.
Section 15 – Sessions to be public. Adjournments
All sessions of the Legislature, except those of the Senate while sitting in executive session, shall be public; and neither house, without the consent of the other, shall adjourn for more than three days, nor to any other place than that in which it may be holding session.
Other than Executive Sessions of the Senate all meetings of each House shall be open to the public.
Section 16 – Duration of sessions
No regular session of the Legislature (except the first, which may sit ninety days) shall exceed sixty days, except in cases of impeachment. No special session shall exceed thirty days, and in such special session, or when a regular session of the Legislature trying cases of impeachment exceeds sixty days, the members shall receive for compensation only the usual per diem and mileage.
The length of the legislative sessions are set.
Section 17 – Impeachment by house
The House of Representatives shall have the sole power of impeachment, but in order to impeach, two-thirds of all the members elected must vote therefor.
The House of Representatives has sole impeachment power.
This Section specifies a power that the House of Representatives enjoys, but it does not grant any legislative powers as the House of Representatives cannot enact laws all by itself. The power of impeachment is a sole power – no other department shares the power.
Section 18 – Impeachment Trial by Senate
All impeachments shall be tried by the Senate, and senators, when sitting for that purpose, shall take oath or make affirmation to do justice according to the law and the evidence. When the Governor is on trial, the Chief Justice of the Supreme Court shall preside. No person shall be convicted without the concurrence of two-thirds of the senators elected.
The Senate will conduct the impeachment trial.
This Section specifies a power that the Senate enjoys, but it does not grant any legislative powers as the Senate cannot enact laws all by itself. The impeachment trial is a sole power – no other department shares the power.
Section 19 – Impeachment. Judgment. Prosecution by law
The Governor and other State and Judicial officers, except justices of the peace, shall be liable to impeachment for high crimes, misdemeanors, or malfeasance in office; but judgment in such cases shall extend only to removal from office and disqualification to hold any office of honor, trust or profit in the State. The party, whether convicted or acquitted, shall, nevertheless, be liable to prosecution, trial and punishment according to law.
This Section defines who is subject to impeachment. Even after impeachment the person is still subject to prosecution according to law.
Once again, the term "according to law." In order to be consistent we must understand that this is Common Law. It has to be since Common Law is the proper venue for cases involving people and property.
Section 20 – Impeachment. Service of articles
No person shall be tried on impeachment, unless he shall have been served with a copy of the articles thereof, at least ten days before the trial, and after such service he shall not exercise the duties of his office until he shall have been acquitted.
Provisions for impeachment trials.
Section 21 – Removal of officers
All officers not liable to impeachment shall be removed for any of the offenses specified in this article, in such manner as may be provided by law.
The power to determine under what conditions State Employees can be fired is to be established.
Since the officers are the public servants of the people, it is only right and proper that it is the responsibility of the people to monitor their actions and to dismiss them if they have exceeded their authority, which is the basis for impeachment.
This further confirms the fact that the statement "as may be provided by law" is a reference to Common Law.
Section 22 – Enacting clause. Passage and amendments of law
The enacting clause of every law shall be: "Be it enacted by the Legislature of the State of Utah," and no bill or joint resolution shall be passed, except with the assent of the majority of all the members elected to each house of the Legislature and after it has been read three times. The vote upon the final passage of all bills shall be by yeas and nays; and no law shall be revised or amended by reference to its title only; but the act as revised, or section amended, shall be re-enacted and published at length.
What makes a law is defined.
Only the State Legislature can enact a law. The specified enacting clause must be set forth on the face of the bill or joint resolution, usually between the required Title, and the body of the law. The proposed law must be read three times in each house. And, it must be passed by a majority of all members elected to each house, not just the majority of who happens to be present when the vote is taken.
The new law must be published in its entirety, including the title, the enacting clause, and the entire body of the law, or the publication is invalid and the law is not properly enacted, and is therefore null and void, and not enforceable.
Revisions or Amendments must be RE-ENACTED just like the original law was enacted.
There are no legislative powers granted to the State in this Section. This Section defines and restricts what may be considered to be a law, but does not grant any specific powers covering items that may be enacted into a law.
Section 23 – Bill to contain only one subject
Except general appropriation bills, and bills for the codification and general revision of laws, no bill shall be passed containing more than one subject, which shall be clearly expressed in its title.
This Section sets forth further restrictions on what constitutes a law and what it takes to enact a law.
Codes, rules, bills, ordinances, and regulations are not laws. They are written by bureaucrats under the guise of being laws. It is what is referred to as "the color of law," because they are purposely designed to deceive the Sovereign Citizens into believing that they are being prosecuted under a law.
Thousands of Sovereign Citizens, all across America, have been unlawfully and unconstitutionally prosecuted because they were deceived by their public servants and the lawyers. Unfortunately, this is a very typical method the public servants use to oppress their masters.
This is why a Sovereign Citizen needs to know the law. If Sovereigns understand the difference between real laws and phoney laws they can properly defend themselves against unlawful oppression.
Neither the Senate, nor the House of Representatives, has the authority to instruct someone to create such codes, rules, bills, ordinances, and regulations. The Legislature has no authority to delegate any power granted under the Constitution to anyone, or anything else.
Section 24 – Presiding officers to sign bills
The presiding officer of each house, in the presence of the house over which he presides, shall sign all bills and joint resolutions passed by the Legislature, after their titles have been publicly read immediately before signing, and the fact of such signing shall be entered upon the journal.
Further restrictions on what constitutes a law, and what it takes to enact a law.
Section 25 – When acts take effect
All acts shall be officially published, and no act shall take effect until so published; nor until sixty days after the adjournment of the session at which it passed, unless the Legislature by a vote of two-thirds of all the members elected to each house, shall otherwise direct.
Further restrictions on what constitutes a law, and what it takes to enact a law.
The date when a law becomes effective is established.
Section 26 – Enumeration of private laws forbidden
The Legislature is prohibited from enacting any private or special laws in the following cases:
1. Granting divorce.
2. Changing the names of persons or places, or constituting one person the heir-at-law of another.
3. Locating or changing county seats.
4. Regulating the jurisdiction and duties of Justices of the Peace.
5. Punishing crimes and misdemeanors.
6. Regulating the practice of courts of justice.
7. Providing for a change of venue in civil or criminal actions.
8. Assessing and collecting taxes.
9. Regulating the interest on money.
10. Changing the law of descent or succession.
11. Regulating county and township affairs.
12. Incorporating cities, town or villages; changing or amending the charter of any city, town or village; laying out, opening, vacating or altering town plats, highways, streets, wards, alleys or public grounds.
13. Providing for sale or mortgage of real estate belonging to minors or others under disability.
14. Authorizing persons to keep ferries across streams within the State.
15. Remitting fines, penalties or forfeitures.
16. Granting to an individual, association or corporation any privilege, immunity or franchise.
17. Providing for the management of common schools.
18. Creating, increasing or decreasing fees, percentages or allowances of public officers during the term for which said officers are elected or appointed.
The Legislature may repeal any existing special law relating to the foregoing subdivisions. In all cases where a general law can be applicable, no special law shall be enacted.
Nothing in this section shall be construed to deny or restrict the power of the legislature to establish and regulate the compensation of fees of county and township officers; to establish and regulate the rates of freight, passage, toll and charges of railroads, toll roads, ditch, flume and tunnel companies, incorporated under the laws of the State or doing business therein.
The fact that the State is prohibited from enacting private or special laws does not grant it the power to enact general laws on these subjects, and nothing in this Section purports to grant the Legislature such power. This Section is merely more restrictions on the power of the Legislature to pass laws.
Private and special both refer to laws that are not general in coverage.
The Legislature is granted the power to repeal existing special laws, but no power is granted to make new laws.
Notice here again, the Legislature is specifically mentioned as being granted the power to set the salaries and fees of various officers, and to regulate freight rates for transportation entities. The writers of this Constitution were very precise about their usage and terminology. When they state law without specifying the legislature, they mean Common Law.
Section 27 – Legislature cannot release certain debts
The Legislature shall have no power to release or extinguish, in whole or in part, the indebtedness, liability or obligation of any corporation or person to the state, or to any municipal corporation therein.
Further restrictions on the powers granted to the Legislature. The Legislature cannot wipe out the debt or liabilities of any corporation or person to the State or any municipality.
Section 28 – Lotteries forbidden
The Legislature shall not authorize any game of chance, lottery or gift enterprise under any pretense or for any purpose.
Further restrictions on the Legislature.
The Legislature cannot establish any form of gambling.
Section 29 – Municipal powers not to be delegated
The legislature shall not delegate to any special commission, private corporation or association, any power to make, supervise or interfere with any municipal improvement, money, property or effects, whether held in trust or otherwise, to levy taxes, to select a capitol site, or to perform any municipal functions.
The Legislature cannot delegate any power to make, supervise or interfere with any Municipal improvement (Municipal government is by the People under Common Law).
Money (Money is defined under Common Law as Property).
Property or effects (Property and effects are defined and controlled under Common Law).
Levy taxes (Taxes are a function of Government and the State cannot delegate its authority to tax).
Select a capitol site, or perform any municipal functions.
When viewed in relation to Common Law this Section is very clear.
No Common Law powers and no legislative powers are granted to the State in this Section.
Section 30 – Extra compensation to officers and contractors forbidden
The Legislature shall have no power to grant, or authorize any county or municipal authority to grant, any extra compensation, fee or allowance to any public officer, agent, servant or contractor, after service has been rendered or a contract has been entered into and performed in whole or in part, nor pay or authorize the payment of any claim hereafter created against the State, or any county or municipality of the State, under any agreement or contract made without authority of law: Provided, That this section shall not apply to claims incurred by public officers in the execution of the laws of the State.
Further restrictions on the Legislature.
The Legislature has no power to grant authority to municipal entities to pay any extra fees or compensation to any public officer, agent, servant, or contractor.
Section 31 – Lending public credit forbidden
The Legislature shall not authorize the State, or any county, city, town, township, district or other political subdivision of the State to lend its credit or subscribe to stock or bonds in aid of any railroad, telegraph or other private individual or corporate enterprise or undertaking.
Further restrictions on the Legislature.
The Legislature cannot authorize any political subdivision to lend its credit.
ARTICLE VII – EXECUTIVE DEPARTMENT
Section 1 – Executive department. Terms, residence, and duties of officers
The Executive Department shall consist of Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, and Superintendent of Public Instruction, each of whom shall hold his office for four years beginning on the first Monday of January next after his election, except that the terms of office of those elected at the first election shall begin when the State shall be admitted into the Union, and shall end on the first Monday in January, A.D. 1901. The officers of the Executive Department, during their terms of office, shall reside at the seat of government, where they shall keep the public records, books and papers. They shall perform such duties as are prescribed by this Constitution and as may be provided by law.
This Section defines the staffing of the Executive Department.
The Executive Department has no power to Legislate, so no legislative powers are granted in this Section.
This Section states that the officers of the Executive Department will perform such duties as are prescribed by law. Here again, this is Common Law. The People will define the duties of their public servants.
If the Legislative Department were permitted to enact laws that control the Executive Department it would of necessity be unconstitutional because of the strict separation of powers set forth at the head of this Constitution.
Once again, the statement, "as may be provided by law" refers to the Common Law that the People control.
Section 2 – Election. Tie: legislature to elect
The officers provided for in section one of this article, shall be elected by the qualified electors of the State at the time and place of voting for members of the Legislature, and the persons respectively having the highest number of votes cast for the office voted for shall be elected; but if two or more shall have an equal and the highest number of votes for any one of said offices, the two houses of the Legislature, at its next regular session, shall elect forthwith by joint ballot one of such persons for said office.
This Section defines the method for voting for the officers of the Executive Department. It also provides a method for breaking tie votes.
Section 3 – Qualifications of governor, etc.
No person shall be eligible to the office of Governor or Secretary of State unless he shall have attained the age of thirty years at the time of his election, nor to the office of Attorney-General unless he shall have attained the age of twenty-five years at the time of his election, and have been admitted to practice in the Supreme Court of the Territory or of the State of Utah, nor unless he shall be in good standing at the bar at the time of his election. No person shall be eligible to any of the offices provided for in section one of this article, unless at the time of his election he shall be a qualified elector, and shall have been a resident citizen of the State or Territory for five years next preceding his election. The State Auditor and State Treasurer shall be ineligible to election as their own successors.
This Section defines the staffing of the Executive Department. It also establishes the qualifications for the various offices.
This Section requires that the Attorney-General be a member of the Bar, which is in direct conflict with the 13th Amendment of the Federal Constitution and with the provisions within both the Federal and the State Constitution that prohibit granting of privileges and honors.
This Section is unconstitutional, and any Attorney-General who meets the requirements set forth herein is ineligible to serve as he, or she, is not a Citizen.
Section 4 – Governor commander-in-chief
The Governor shall be Commander-in-Chief of the military forces of the State, except when they shall be called into the service of the United States. He shall have power to call out the militia to execute the laws, to suppress insurrection, or to repel invasion.
This Section defines the responsibility of the Governor as the Commander-in-chief of the State Militia.
Section 5 – Duties of governor
The Governor shall see that the laws are faithfully executed; he shall transact all executive business with the officers of the government, civil and military, and may require information in writing from the officers of the Executive Department, and from the officers and managers of State Institutions upon any subject relating to the condition, management, and expenses of their respective offices and institutions, and at any time when the Legislative Assembly is not in session, may, if he deem it necessary, appoint a committee to investigate and report to him upon the condition of any executive office or State Institution. He shall communicate by message the condition of the State to the Legislature at every regular session, and recommend such measures as he may deem expedient.
More duties of the Governor.
Section 6 – Governor may convene extra session
On extraordinary occasions, the Governor may convene the Legislature by proclamation, in which shall be stated the purpose for which the Legislature is to be convened, and it shall transact no legislative business except that for which it was especially convened, or such other legislative business as the Governor may call to its attention while in session. The Legislature, however, may provide for the expenses of the session and other matters incidental thereto. The Governor may also by proclamation convene the Senate in extraordinary session for the transaction of executive business.
This Section defines the power of the Governor to convene special sessions of the Legislature.
Section 7 – Governor May adjourn legislature, when
In case of a disagreement between the two houses of the Legislature at any special session, with respect to the time of adjournment, the Governor shall have power to adjourn the Legislature to such time as he may think proper: Provided, it be not beyond the time fixed for the convening of the next Legislature.
This Section grants the Governor power to adjourn the Legislature when there is a dispute between the two houses over the time to adjourn.
Section 8 – Bills presented to governor. Veto. Appropriation bills
Every bill passed by the Legislature, before it becomes a law, shall be presented to the Governor; if he approve, he shall sign it, and thereupon it shall become a law; but if he do not approve, he shall return it with his objections to the house in which it originated, which house shall enter the objections at large upon its journal and proceed to reconsider the bill. If, after such reconsideration, it again passes both houses by a yea and nay vote of two-thirds of the members elected to each house, it shall become a law, notwithstanding the Governor's objections. If any bill be not returned within five days after it shall have been presented to him, (Sunday, and the day on which he received it excepted,) the same shall be a law in like manner as if he had signed it, unless the Legislature by its final adjournment prevent such return, in which case it shall be filed with his objections in the office of the Secretary of State within ten days after such adjournment (Sundays excepted) or become a law. If any bill presented to the Governor contain several items of appropriations of money, he may object to one or more such items, while approving other portions of the bill; in such case he shall append to the bill at the time of signing it, a statement of the item or items which he declines to approve, together with his reasons therefor, and such item or items shall not take effect unless passed over the Governor's objection as in this section provided.
This Section defines the responsibilities of the Governor in enacting laws.
No legislative power is granted by this Section, just the fact that the Governor may only accept, or reject, what the Legislature has proposed.
Section 9 – Governor may fill certain vacancies
When any State or district office shall become vacant, and no mode is provided by the Constitution and laws for filling such vacancy, the Governor shall have the power to fill the same by granting a commission, which shall expire at the next election, and upon qualification of the person elected to such office.
This Governor is granted the power to appoint people to fill specific offices.
Section 10 – Governor's appointive power. Vacancies
The Governor shall nominate, and by and with the consent of the Senate, appoint all State and district officers whose offices are established by this Constitution, or which may be created by law, and whose appointment or election is not otherwise provided for. If, during the recess of the Senate, a vacancy occur in any State or district office, the Governor shall appoint some fit person to discharge the duties thereof until the next meeting of the Senate, when he shall nominate some person to fill such office. If the office of justice of the supreme or district court, Secretary of State, State Auditor, State Treasurer, Attorney-General or Superintendent of Public Instruction be vacated by death, resignation or otherwise, it shall be the duty of the Governor to fill the same by appointment, and the appointee shall hold his office until his successor shall be elected and qualified, as may be by law provided.
This Section defines the process for the Governor to nominate people to fill certain vacancies.
The Legislative Department is granted the power to approve or reject the appointments made by the Governor.
Section 11 – Vacancy in office of governor
In case of the death of the Governor, or his impeachment, removal from office, inability to discharge the duties of his office, resignation, or absence from the State, the powers and duties of said office shall devolve upon the Secretary of State, until the disability shall cease, or until the next general election, when the vacancy shall be filled by election. If, during a vacancy in the office of Governor, the Secretary of State resign, die or become incapable of performing the duties of the office, or be displaced, or be absent from the State, the President pro tempore of the senate shall act as Governor until the vacancy be filled or the disability cease. While performing the duties of the Governor as in this section provided, the Secretary of State, or the President pro tempore of the senate, as the case may be, except in cases of temporary disability, or absence from the State, shall be entitled to the salary and emoluments of the Governor.
This Section defines the line of succession to the office of Governor.
Section 12 – Board of pardons. Respites and reprieves
Until otherwise provided by law, the Governor, Justices of the Supreme Court and Attorney-General shall constitute a Board of Pardons, a majority of whom, including the Governor, upon such conditions, and with such limitations and restrictions as they deem proper, may remit fines and forfeitures, commute punishments, and grant pardons after convictions, in all cases except treason and impeachments, subject to such regulations as may be provided by law, relative to the manner of applying for pardons; but no fine or forfeiture shall be remitted, and no commutation or pardon granted, except after a full hearing before the Board, in open session, after previous notice of the time and place of such hearing has been given. The proceedings and decisions of the Board, with the reasons therefor in each case, together with the dissent of any member who may disagree, shall be reduced to writing, and filed, with all papers used upon the hearing, in the office of the Secretary of State.
The Governor shall have power to grant respites or reprieves in all cases of convictions for offenses against the State, except treason or conviction on impeachment; but such respites or reprieves shall not extend beyond the next session of the Board of Pardons; and such Board, at such session, shall continue or determine such respite or reprieve, or they may commute the punishment, or pardon the offense as herein provided. In case of conviction for treason, the Governor shall have the power to suspend execution of the sentence, until the case shall be reported to the Legislature at its next regular session, when the Legislature shall either pardon, or commute the sentence, or direct its execution; he shall communicate to the Legislature at each regular session, each case of remission of fine or forfeiture, reprieve, commutation or pardon granted since the last previous report, stating the name of the convict, the crime for which he was convicted, the sentence and its date, the date of remission, commutation, pardon or reprieve, with the reasons for granting the same, and the objections, if any, of any member of the Board made thereto.
This Section defines the staffing and responsibilities of the Board of Pardons. It also defines the power of the Governor relative to granting respites or reprieves. It does not grant any power to Legislate.
Section 13 – State prison commissioners. Board of examiners
Until otherwise provided by law, the Governor, Secretary of State and Attorney-General shall constitute a Board of State Prison Commissioners, which Board shall have such supervision of all matters connected with the State Prison as may be provided by law. They shall, also, constitute a Board of Examiners, with power to examine all claims against the State except salaries or compensation of officers fixed by law, and perform such other duties as may be prescribed by law; and no claim against the State, except for salaries and compensation of officers fixed by law, shall be passed upon by the Legislature without having been considered and acted upon by the said Board of Examiners.
This Section defines the staffing and responsibilities of the Prison Commissioners and the Board of Examiners. It does not grant any power to Legislate.
Section 14 – Insane asylum commissioners
Until otherwise provided by law, the Governor, State Treasurer and State Auditor shall constitute a Board of Insane Asylum Commissioners. Said Board shall have such supervision of all matters connected with the State Insane Asylum as may be provided by law.
This Section defines the staffing and responsibilities of the State Insane Asylum Commissioners, but it does not grant any power to Legislate.
Section 15 – Reform school commissioners
Until otherwise provided by law, the Governor, Attorney-General and Superintendent of Public Instruction shall constitute a Board of Reform School Commissioners. Said Board shall have such supervision of all matters connected with the State Reform School as may be provided by law.
This Section defines the staffing and responsibilities of the Reform School Commissioners, but does not grant any power to Legislate.
Section 16 – Duties of secretary of state
The Secretary of State shall keep a record of the official acts of the Legislature and Executive Department of the State, and, when required, shall lay the same and all matters relative thereto before either branch of the Legislature, and shall perform such other duties as may be provided by law.
This Section defines the responsibilities of the Secretary of State. Even though he is the keeper of the Legislative Records he has no power to Legislate.
Section 17 – Duties of auditor and treasurer
The Auditor shall be Auditor of Public Accounts, and the Treasurer shall be the custodian of public moneys, and each shall perform such other duties as may be provided by law.
This Section defines the duties and responsibilities of the Auditor and the Treasurer. They are not granted any power to Legislate.
Section 18 – Duties of attorney general
The Attorney-General shall be the legal adviser of the State Officers, and shall perform such other duties as may be provided by law.
This Section defines duties and responsibilities of the Attorney General. He is not granted any power to Legislate.
Section 19 – Superintendent of public instruction
The Superintendent of Public Instruction shall perform such duties as may be provided by law.
The Section defines the position of Superintendent of Public Instruction.
Section 20 – Compensation of state officers
The Governor, Secretary of State, Auditor, Treasurer, Attorney-General, Superintendent of Public Instruction and such other State and district officers as may be provided for by law, shall receive for their services quarterly, a compensation as fixed by law, which shall not be diminished or increased so as to affect the salary of any officer during his term, or the term next ensuing after the adoption of this Constitution, unless a vacancy occur, in which case the successor of the former incumbent shall receive only such salary as may be provided by law at the time of his election or appointment. The compensation of the officers provided for by this article, until otherwise provided by law, is fixed as follows:
Governor, Two Thousand Dollars per annum.
Secretary of State, Two Thousand Dollars per annum.
State Auditor, Fifteen Hundred Dollars per annum.
State Treasurer, One Thousand Dollars per annum.
Attorney-General, Fifteen Hundred Dollars per annum.
Superintendent of Public Instruction, Fifteen Hundred Dollars per annum.
The compensation for said officers as prescribed in this section, and in all laws enacted pursuant to this Constitution, shall be in full for all services rendered by said officers, respectively, in any official capacity or employment during their respective terms of office. No such officer shall receive for the performance of any official duty any fee for his own use, but all fees fixed by law for the performance by either of them of any official duty, shall be collected in advance and deposited with the State Treasurer quarterly to the credit of the State. The Legislature may provide for the payment of actual and necessary expenses of said officers while traveling in the State in the performance of official duty.
This Section provides for the salary of State and district officers. It also stipulates that all salaries shall be paid in full for all services. It does not grant the Executive Department any no power to Legislate.
Section 21 – Grants and commissions
All grants and commissions shall be in the name and by the authority of the State of Utah, sealed with the Great Seal of the State, signed by the Governor, and countersigned by the Secretary of State.
This Section defines the issuance of grants and commissions. It does not grant any power to Legislate.
Section 22 – The great seal
There shall be a seal of the State, which shall be kept by the Secretary of State, and used by him officially. Said seal shall be called "The Great Seal of the State of Utah." The present seal of the Territory of Utah shall be the seal of the State until otherwise provided by law.
This Section defines the Great Seal of the State of Utah.
Section 23 – U.S. officials ineligible. Governor not eligible for senate
No person, while holding any office under the United States' government, shall hold any office under the State government of Utah, and the Governor shall not be eligible for election to the Senate of the United States during the term for which he shall have been elected Governor.
This Section declares that no officer of the Federal union my also be an officer of the State. This is designed to eliminate any conflict of interest. The Governor may not be a candidate for the office of U. S. Senator during his term as Governor.
ARTICLE VIII – JUDICIAL DEPARTMENT
Section 1 – Judicial powers, how vested
The Judicial power of the State shall be vested in the Senate sitting as a court of impeachment, in a supreme court, in district courts, in justices of the peace, and such other courts inferior to the Supreme Court as may be established by law.
This Section defines the structure of the Judicial Department. It does not grant the Judicial Department any power to Legislate.
Section 2 – Supreme court, how constituted. Terms..
The Supreme Court shall consist of three judges; but after the year AD 1905, the Legislature may increase the number thereof to five. A majority of the judges constituting the court shall be necessary to form a quorum or render a decision. If a justice of the Supreme Court shall be disqualified from sitting in a cause before said court, the remaining judges shall call a district judge to sit with them on the hearing of such cause. The Judges of the Supreme Court shall be elected by the electors of the State at large. The term of office of the Judges of the Supreme Court, excepting as in this article otherwise provided, shall be six years. The Judges of the Supreme Court, immediately after the first election under this Constitution, shall be selected by lot, so that one shall hold office for the term of three years, one for the term of five years, and one for the term of seven years. The lots shall be drawn by the Judges of the Supreme Court, who, for that purpose, shall assemble at the seat of government; and they shall cause the result thereof to be certified by the Secretary of State, and filed in his office. The judge having the shortest term to serve, not holding his office by appointment or election to fill a vacancy, shall be the Chief Justice, and shall preside at all terms of the Supreme Court, and in case of his absence, the judge, having in like manner, the next shortest term, shall preside in his stead.
This Section defines the structure and make-up of the Supreme Court.
Section 3 – Supreme Court. Qualification of judges
Every Judge of the Supreme Court shall be at least thirty years of age, and, before his election, shall be a member of the bar, learned in the law, and a resident of the Territory or State of Utah for five years next preceding his election.
This Section defines the qualifications for a Justice of the Supreme Court.
The provision that the Judges be members of the Bar is unconstitutional, and, based on the true 13th Amendment, any judge who is a member of the bar is unlawfully seated, as he is not a Citizen.
Section 4 – Supreme Court. Jurisdiction. Terms
The Supreme Court shall have original jurisdiction to issue writs of mandamus, certiorari, prohibition, quo warranto and habeas corpus. Each of the justices shall have power to issue writs of habeas corpus, to any part of the State, upon petition by or on behalf of any person held in actual custody, and may make such writs returnable before himself or the Supreme Court, or before any district court or judge thereof in the State. In other cases the Supreme Court Shall have appellate jurisdiction only, and power to issue writs necessary and proper for the exercise of that jurisdiction. The Supreme Court shall hold at least three terms every year, and shall sit at the capital of the State.
This Section defines the powers and authority of the Supreme Court.
In spite of the high sounding powers set forth in this Constitution for the Utah Supreme Court, it is still subject to the provisions of Article 7 of the Bill of Rights, which is the 7th Amendment to the Federal Constitution. The 7th Amendment simply states that decisions by a Common Law Jury cannot be reviewed by any other court in the land. Just like the U. S. Supreme Court, the Utah Supreme court is subject to the Common Law Court (The Court of the Sovereign People) as that is the method chosen by the Sovereign People to control all actions of the Judiciary Branch of the Federal and State entities.
The Founding Fathers did not trust Lawyers and took steps to protect their Posterity. The Judicial Department has no power to Legislate.
Section 5 – District courts, how constituted. Terms. Jurisdiction. Judge pro tempore
The State shall be divided into seven judicial districts, for each of which, at least one, and not exceeding three judges, shall be chosen by the qualified electors thereof. The term of office of the district judges shall be four years. Except that the District Judges elected at the first election shall serve until the first Monday in January, AD 1901, and until their successors shall have qualified. Until otherwise provided by law, a district court at the county seat of each county shall be held at least four times a year. All civil and criminal business arising in any county, must be tried in such county, unless a change of venue be taken, in such cases as may be provided by law. Each judge of a District Court shall be at least twenty-five years of age, a member of the bar, learned in the law, a resident of the Territory or State of Utah three years next preceding his election, and shall reside in the district for which he shall be elected. Any District Judge may hold a District Court in any county at the request of the judge of the district, and upon a request of the Governor, it shall be his duty to do so. Any cause in the District Court may be tried by a judge pro tempore, who must be a member of the bar, sworn to try the cause, and agreed upon by the parties, or their attorneys of record.
This Section defines the judicial districts and the responsibilities of the District Court. It also defines the terms for the District Judges.
The provision that the Judges be members of the Bar is unconstitutional, and, any judge who is a member of the bar is unlawfully seated because he is not a Citizen.
Section 6 – District Courts. Legislature may change districts
The Legislature may change the limits of any judicial district, or increase or decrease the number of districts, or the judges thereof. No alteration or increase shall have the effect of removing a judge from office. In every additional district established, a judge shall be elected by the electors thereof, and his term of office shall continue as provided in section five of this article.
The Legislature has the power to define boundaries of any judicial district and to change the number of districts. They have no other rights under this Section.
Section 7 – Jurisdiction of district courts
The District Court shall have original jurisdiction in all matters civil and criminal, not excepted in this Constitution, and not prohibited by law; appellate jurisdiction from all inferior courts and tribunals, and a supervisory control of the same. The District Courts or any judge thereof, shall have power to issue writs of habeas corpus, mandamus, injunction, quo warranto, certiorari, prohibition and other writs necessary to carry into effect their orders, judgments and decrees, and to give them a general control over inferior courts and tribunals within their respective jurisdictions.
This Section defines the power and the responsibilities of the District Court.
Section 8 – Justices of the peace. Jurisdiction, etc.
The Legislature shall determine the number of justices of the peace to be elected, and shall fix by law their powers, duties and compensation. The jurisdiction of justices of the peace shall be as now provided by law, but the Legislature may restrict the same.
The Legislature has the power to define the number of Justices of the Peace, their duties, and their term of office, as well as their compensation.
Section 9 – Appeals from district court: record, etc. From justices' courts
From all final judgments of the district courts, there shall be a right of appeal to the Supreme Court. The appeal shall be upon the record made in the court below, and under such regulations as may be provided by law. In equity cases the appeal may be on questions of both law and fact; in cases at law the appeal shall be on questions of law alone. Appeals shall also lie from the final orders and decrees of the Court in the administration of decedent estates, and in cases of guardianship, as shall be provided by law. Appeals shall also lie from the final judgment of justices of the peace in civil and criminal cases to the District Courts on both questions of law and fact, with such limitations and restrictions as shall be provided by law; and the decision of the District Courts on such appeals shall be final, except in cases involving the validity or constitutionality of a statute
This Section defines the ability to Appeal decisions of the district courts to the Supreme Court.
Section 10 – County attorneys. Election, term, etc.
A County Attorney shall be elected by the qualified voters of each county who shall hold his office for a term of two years. The powers and duties of County Attorneys, and such other attorneys for the State as the Legislature may provide, shall be prescribed by law. In all cases where the attorney for any county, or for the State, fails or refuses to attend and prosecute according to law, the court shall have power to appoint an attorney pro tempore.
The position of County Attorney is defined.
Section 11 – Removal of judges from office
Judges may be removed from office by the concurrent vote of both houses of the Legislature, each voting separately; but two-thirds of the members to which each house may be entitled must concur in such vote. The vote shall be determined by yeas and nays, and the names of the members voting for or against a judge, together with the cause or causes of removal, shall be entered on the journal of each house. The judge against whom the house may be about to proceed shall receive notice thereof, accompanied with a copy of the cause alleged for his removal, at least ten days before the day on which either house of the Legislature shall act thereon.
Procedure for removal of Judges.
Section 12 – Judges' salaries to remain fixed
The Judges of the Supreme and District Courts shall receive at stated times compensation for their services, which shall not be increased or diminished during the time for which they are elected.
This Section provides that Judges of the Supreme Court and District Courts will receive compensation for their services.
Section 13 – Disqualification of judges
Except by consent of all the parties, no judge of the supreme or inferior courts shall preside in the trial of any cause where either of the parties shall be connected with him by affinity or consanguinity within the degree of first cousin, or in which he may have been of counsel, or in the trial of which he may have presided in any inferior court.
Provisions established for Judges to recuse themselves.
Section 14 – Clerks of courts. Reporter
The Supreme Court shall appoint a clerk, and a reporter of its decisions, who shall hold their offices during the pleasure of the Court. Until otherwise provided, County Clerks shall be ex officio clerks of the District Courts in and for their respective counties, and shall perform other duties as may be provided by law.
The Supreme Court is authorized to appoint a Clerk and a Reporter.
Section 15 – Judges shall not appoint relatives to office
No person related to any judge of any court by affinity or consanguinity within the degree of first cousin, shall be appointed by such court or judge to, or employed by such court or judge in any office or duty in any court of which such judge may be a member.
Judges cannot appoint relatives.
Section 16 – Judicial districts, how constituted
Until otherwise provided by law, the Judicial Districts of the State shall be constituted as follows:
First District:-- The Counties of Cache, Box Elder and Rich.
Second District:-- The Counties of Weber, Morgan and Davis.
Third District:-- The Counties of Summit, Salt Lake and Tooele, in which there shall be elected three district judges.
Fourth District:-- The Counties of Utah, Wasatch and Uintah.
Fifth District:-- The Counties of Juab, Millard, Beaver, Iron and Washington.
Sixth District:-- The Counties of Sevier, Piute, Wayne, Garfield and Kane.
Seventh District:-- The Counties of San Pete, Carbon, Emery, Grand and San Juan
The various Judicial districts are defined.
Section 17 – Courts of record
The Supreme Court and District Courts shall be courts of record, and each shall have a seal.
The Supreme Court and District Courts are courts of Record.
Section 18 – Style of process: "The State of Utah."
The style of all process shall be, "The State of Utah," and all prosecutions shall be conducted in the name and by the authority of the same.
All charges are to be in the name of the State of Utah? This is a direct affront to the Common Law principle that only a person who has been damaged may bring a suit, and the damaged person must appear in court. The State of Utah is not damaged unless the charge is treason.
Section 19 – But one form of civil action
There shall be but one form of civil action, and law and equity may be administered in the same action.
One form of Civil Action? Combining the courts of law and equity is against the decision that was reached during the Federal Continental Convention in which it was voted that the courts of law and equity could not be combined. The Founding Fathers felt that it placed too much power in one court. This section is a direct attack on the retention of the Common Laws by the People, and is therefore unconstitutional and cannot be enforced as it infringes on the Peoples Common Law.
Section 20 – Salary of judges
Until otherwise provide by law, the salaries of supreme and district judges, shall be three thousand dollars per annum, and mileage, payable quarterly out of the State treasury.
This Section provides for the payment of salaries and per diem to Supreme Court and District Judges.
Section 21 – Judges to be conservators of peace
Judges of the Supreme Court, District Courts, and justices of the peace, shall be conservators of the peace, and may hold preliminary examinations in cases of felony.
Duties and authority of Judges and Justices of the Peace are defined.
Section 22 – Judges to report defects in laws
District Judges may, at any time, report defects and omissions in the law to the Supreme Court, and the Supreme Court, on or before the first day of December of each year, shall report in writing to the Governor any seeming defect or omission in the law.
District Judges are to report defects and omissions to the Supreme Court..
Section 23 – Publication of decisions
The Legislature may provide for the publication of decisions and opinions of the Supreme Court, but all decisions shall be free to publishers.
Legislature shall provide for the Publication of Supreme Court decisions and opinions.
Section 24 – Effect of extending judges' terms
The terms of office of Supreme and District Judges may be extended by law, but such extension shall not affect the term for which any judge was elected.
Terms of office of Judges may be set by law.
Section 25 – Decisions of Supreme Court to be in writing
When a judgment or decree is reversed, modified or affirmed by the Supreme Court, the reasons therefor shall be stated concisely in writing, signed by the judges concurring, filed in the office of the Clerk of the Supreme Court, and preserved with a record of the case. Any judge dissenting therefrom, may give the reasons of his dissent in writing over his signature.
Decisions of the Supreme Court to be in writing. This is basically the same requirement as Section 23, that requires publication of the decisions and opinions.
Section 26 – Supreme Court. Court to prepare syllabus
It shall be the duty of the court to prepare a syllabus of all the points adjudicated in each case, which shall be concurred in by a majority of the judges thereof, and it shall be prefixed to the published reports of the case.
Syllabus to be published by the Supreme Court. This is just more requirements to publish the actions of the Supreme Court.
Section 27 – Judge forfeits office by absence
Any judicial officer who shall absent himself from the State or district for more than ninety consecutive days, shall be deemed to have forfeited his office: Provided, That in case of extreme necessity, the Governor may extend the leave of absence to such time as the necessity therefor shall exist.
Judges who are out of the State or district for over 90 days forfeit their position.
ARTICLE IX – CONGRESSIONAL AND LEGISLATIVE APPORTIONMENT
Section 1 – Election of congressman
One Representative in the Congress of the United States shall be elected from the State at large on the Tuesday next after the first Monday in November, AD 1895, and thereafter at such times and places, and in such manner as may be prescribed by law. When a new apportionment shall be made by Congress, the Legislature shall divide the State into congressional districts accordingly.
This Section defines the process for election of Representatives to the Federal Congress.
Section 2 – Decennial census to be taken
The Legislature shall provide by law for an enumeration of the inhabitants of the State, AD 1905, and every tenth year thereafter, and at the session next following such enumeration, and also at the session next following an enumeration made by the authority of the United States, shall revise and adjust the apportionment for senators and representatives on the basis of such enumeration according to ratios to be fixed by law.
Legislature shall provide for a census, and shall apportion for senators and representative based on the census results.
Section 3 – Number of members of legislature
The Senate shall consist of eighteen members, and the House of Representatives of forty-five and the House of Representatives of forty-five members. The Legislature may increase the number of senators and representatives, but the senators shall never exceed thirty in number, and the number of representatives shall never be less than twice nor greater than three times the number of senators.
This Section defines the Number of State Senators and Representatives.
Section 4 – Senatorial districts, how formed.
When more than one county shall constitute a senatorial district, such counties shall be contiguous, and no county shall be divided in the formation of such districts unless such county contains sufficient population within itself to form two or more districts, nor shall a part of any county be united with any other county in forming any district.
REPRESENTATIVE DISTRICTS
Until otherwise provided by law, representatives shall be apportioned among the several counties of the State as follows: Provided, That in any future apportionment made by the Legislature, each county shall be entitled to at least one representative.
The County of Box Elder shall constitute the First Representative District, and be entitled to one representative.
The County of Cache shall constitute the Second Representative District, and be entitled to three representatives.
The County of Rich shall constitute the Third Representative District, and be entitled to one representative.
The County of Weber shall constitute the Fourth Representative District, and be entitled to four representatives.
The County of Morgan shall constitute the Fifth Representative District, and be entitled to one representative.
The County of Davis shall constitute the Sixth Representative District, and be entitled to one representative.
The County of Tooele shall constitute the Seventh Representative District, and be entitled to one representative.
The County of Salt Lake shall constitute the Eighth Representative District, and be entitled to ten representatives.
The County of Summit shall constitute the Ninth Representative District, and be entitled to one representative.
The County of Wasatch shall constitute the Tenth Representative District, and be entitled to one representative.
The County of Utah shall constitute the Eleventh Representative District, and be entitled to four representatives.
The County of Uintah shall constitute the Twelfth Representative District, and be entitled to one representative.
The County of Juab shall constitute the Thirteenth Representative District, and be entitled to one representative.
The County of San Pete shall constitute the Fourteenth Representative District, and be entitled to two representatives.
The County of Carbon shall constitute the Fifteenth Representative District, and be entitled to one representative.
The County of Emery shall constitute the Sixteenth Representative District, and be entitled to one representative.
The County of Grand shall constitute the Seventeenth Representative District, and be entitled to one representative.
The County of Sevier shall constitute the Eighteenth Representative District, and be entitled to one representative.
The County of Millard shall constitute the Nineteenth Representative District, and be entitled to one representative.
The County of Beaver shall constitute the Twentieth Representative District, and be entitled to one representative.
The County of Piute shall constitute the Twenty-first Representative District, and be entitled to one representative.
The County of Wayne shall constitute the Twenty-second Representative District, and be entitled to one representative.
The County of Garfield shall constitute the Twenty-third Representative District, and be entitled to one representative.
The County of Iron shall constitute the Twenty-fourth Representative District, and be entitled to one representative.
The County of Washington shall constitute the Twenty-fifth Representative District, and be entitled to one representative.
The County of Kane shall constitute the Twenty-sixth Representative District, and be entitled to one representative.
The County of San Juan shall constitute the Twenty-seventh Representative District, and be entitled to one representative.
SENATORIAL DISTRICTS
Until otherwise provided by law, Senatorial Districts shall be constituted and numbered as follows:
The Counties of Box Elder and Tooele shall constitute the First District, and be entitled to one Senator.
The County of Cache shall constitute the Second District, and be entitled to one Senator.
The Counties of Rich, Morgan, and Davis shall constitute the Third District, and be entitled to one Senator.
The County of Weber shall constitute the Fourth District, and be entitled to two Senators.
The Counties of Summit and Wasatch shall constitute the Fifth District, and be entitled to one Senator.
The County of Salt Lake shall constitute the Sixth District, and be entitled to five Senators.
The County of Utah shall constitute the Seventh District, and be entitled to two Senators.
The Counties of Juab and Millard shall constitute the Eighth District, and be entitled to one Senator.
The County of San Pete shall constitute the Ninth District, and be entitled to one Senator.
The Counties of Sevier, Wayne, Piute, and Garfield shall constitute the Tenth District, and be entitled to one Senator.
The Counties of Beaver, Iron, Washington, and Kane shall constitute the Eleventh District, and be entitled to one Senator.
The Counties of Emery, Carbon, Uintah, Grand, and San Juan shall constitute the Twelfth District, and be entitled to one Senator.
This Section divides the State into Senate and Representative Districts. The Legislature has the power to modify the districts based on the census data.
ARTICLE X – EDUCATION
Section 1 – Free non-sectarian schools
The Legislature shall provide for the establishment and maintenance of a uniform system of public schools, which shall be open to all children of the State, and be free from sectarian control.
This is a restatement of the duty of the Legislature to provide a public school system. The Legislature has the power to establish laws concerning a public school system.
Section 2 – Public school system. Maintenance
The Public School system shall include kindergarten schools; common schools, consisting of primary and grammar grades; high schools; an Agricultural College; a University, and such other schools as the Legislature may establish. The common schools shall be free. The other departments of the system shall be supported as provided by law: Provided, That high schools may be maintained free in all cities of the first and second class now constituting school districts, and in such other cities and districts as may be designated by the Legislature. But where the proportion of school monies apportioned or accruing to any city or district shall not be sufficient to maintain all the free schools in such city or district, the high schools shall be supported by local taxation.
This defines the public school system. The Legislature has the power to establish laws concerning the establishment and maintenance of a public school system.
Section 3 – State school fund. Interest distributed
The proceeds of all lands that have been, or may be granted by the United States to this State, for the support of the common schools; the proceeds of all property that may accrue to the State by escheat or forfeiture; all unclaimed shares and dividends of any corporation incorporated under the laws of this State; the proceeds of the sale of timber, minerals or other property from school and State lands, other than those granted for specific purposes; and the five per centum of the net proceeds of the sales of public lands lying within the State, which shall be sold by the United States, subsequent to the admission of this State into the Union, shall be and remain a perpetual fund, to be called the State School Fund, the interest of which only, together with such other means as the Legislature may provide, shall be distributed among the several school districts according to the school population residing therein.
State lands to be used to fund the public school system. The Legislature has the power to establish such laws as are necessary to meet its commitment under this Section.
Section 4 – University and agricultural college located. Rights, etc.
The location and establishment by existing laws of the University of Utah, and the Agricultural College are hereby confirmed, and all the rights, immunities, franchises and endowments heretofore granted or conferred, are hereby perpetuated unto said University and Agricultural College respectively.
This defines the University school system. This Section provides that all rights, immunities, franchises, and endowments that were granted prior to statehood are to continue.
The existing laws concerning the University system are confirmed. No new powers are granted.
Section 5 – Proceeds of land grants to constitute permanent funds
The proceeds of the sale of lands reserved by an Act of Congress, approved February 21st, 1855, for the establishment of the University of Utah, and of all the lands granted by an Act of Congress, approved July 16th, 1894, shall constitute permanent funds, to be safely invested and held by the State; and the income thereof shall be used exclusively for the support and maintenance of the different institutions and colleges, respectively, in accordance with the requirements and conditions of said Acts of Congress.
This defines the funding for the University school system. The power to control and invest the funds is granted to the Legislature.
Section 6 – Separate control of city schools
In cities of the first and second class, the public school system shall be maintained and controlled, by the Board of Education of such cities, separate and apart from the counties in which said cities are located.
This further defines the public school system, and instructs that the Legislature is to turn the operation of the school system over to local Boards.
Section 7 – School funds guaranteed by state
All public School Funds shall be guaranteed by the State against loss or diversion.
The State is responsible for the public school funds.
Section 8 – State board of education
The general control and supervision of the Public School System shall be vested in a State Board of Education, consisting of the Superintendent of Public Instruction, and such other persons as the Legislature may provide.
This defines the State Board of Education. As part of its responsibilities toward the free public school system the Legislature is to determine the people who serve on the State Board of Education.
Section 9 – Textbooks
Neither the Legislature nor the State Board of Education shall have power to prescribe textbooks to be used in the common schools.
This restricts the power of the State Board of Education and the Legislature to dictate what textbooks are used.
Section 10 – Institutions for deaf, dumb and blind. Property. Fund
Institutions for the Deaf and Dumb, and for the Blind, are hereby established. All property belonging to the School for the Deaf and Dumb, heretofore connected with the University of Utah, shall be transferred to said Institution for the Deaf and Dumb. All the proceeds of the lands granted by the United States, for the support of a Deaf and Dumb Asylum, and for an Institution for the Blind, all be a perpetual fund for the maintenance of said Institutions. It shall be a trust fund, the principal of which shall remain inviolate, guaranteed by the state against loss or diversion.
This defines the School for Deaf and Dumb, and provides for its funding and maintenance.
Section 11 – Metric system
The Metric System shall be taught in the public schools of the State.
Section 12 – No religious or partisan tests in schools
Neither religious nor partisan test or qualification shall be required of any person, as a condition of admission, as teacher or student, into any public educational institution of the State.
No religious test will be used to admit teachers or students.
Section 13 – Public aid to church schools forbidden
Neither the Legislature nor any county, city, town, school district or other public corporation, shall make any appropriation to aid in the support of any school, seminary, academy, college, university or other institution, controlled in whole, or in part, by any church, sect or denomination whatever.
No public entity will make any donation to any church school.
ARTICLE XI – COUNTIES, CITIES AND TOWNS
Section 1 – Existing counties, precincts, etc., recognized
The several counties of the Territory of Utah, existing at the time of the adoption of this Constitution, are hereby recognized as legal subdivisions of this State, and the precincts, and school districts, now existing in said counties, as legal subdivisions thereof, and they shall so continue until changed by law in pursuance of this article.
The existing counties, cities and towns are confirmed.
Section 2 – Removal of county seats
No County Seat shall be removed unless two-thirds of the qualified electors of the county, voting on the proposition at a general election, shall vote in favor of such removal, and two-thirds of the votes cast on the proposition shall be required to relocate a county seat. A proposition of removal shall not be submitted in the same county more than once in four years.
Provisions for moving County Seats. No new powers are granted to the Legislature, the Citizens have the vote.
Section 3 – Changing county lines
No territory shall be stricken from any county unless a majority of the voters living in such territory, as well as of the county to which it is to be annexed, shall vote therefor, and then only under such conditions as may be prescribed by general law.
Provisions for changing County Lines. No new powers are granted to the Legislature, the Citizens have the vote.
Section 4 – Uniform county government
The Legislature shall establish a system of County government, which shall be uniform throughout the State, and by general laws shall provide for precinct and township organizations.
The Legislature shall establish a uniform system of County Government. The Legislature has the power to enact the necessary laws.
Section 5 – Special municipal charters forbidden
Corporations for municipal purposes shall not be created by special laws; the Legislature, by general laws, shall provide for the incorporation, organization, and classification of cities and towns in proportion to population; which laws may be altered, amended or repealed.
The Legislature cannot establish special charters. The Legislature's power is restricted.
Section 6 – Municipalities forbidden to sell waterworks or rights
No municipal corporation, shall directly or indirectly, lease, sell, alien or dispose of any waterworks, water rights, or sources of water supply now, or hereafter to be owned or controlled by it; but all such waterworks, water rights and sources of water supply now owned or hereafter to be acquired by any municipal corporation, shall be preserved, maintained and operated by it for supplying its inhabitants with water at reasonable charges: Provided, That nothing herein contained shall be construed to prevent any such municipal corporation from exchanging water-rights, or sources of water supply, for other water-rights or sources of water supply of equal value, and to be devoted in like manner to the public supply of its inhabitants.
Municipalities cannot sell water rights.
ARTICLE XII – CORPORATIONS
Section 1 – Corporations. Formation. Control
Corporations may be formed under general laws, but shall not be created by special acts. All laws relating to corporations may be altered, amended or repealed by the Legislature, and all corporations doing business in this State, may, as to such business, be regulated, limited or restrained by law.
The Legislature can establish laws that permit formation of corporations. The Legislature has the power to enact the necessary laws.
Section 2 – Existing corporations to accept Constitution
All existing charters, franchises, special or exclusive privileges, under which an actual and bona fide organization shall not have taken place, and business been commenced in good faith, at the time of the adoption of this Constitution, shall thereafter have no validity; and no corporation in existence at the time of the adoption of this Constitution shall have the benefit of future legislation without first filing in the office of the Secretary of State, an acceptance of the provisions of this Constitution.
Existing corporations must ratify the Constitution.
Section 3 – Legislature not to extend or validate franchises
The Legislature shall not extend any franchise or charter, nor remit the forfeiture of any franchise or charter of any corporation now existing, or which shall hereafter exist under the laws of this State.
The Legislature is restricted in that it cannot extend or validate franchises.
Section 4 – "Corporation" defined. Suits
The term "Corporation," as used in this article, shall be construed to include all associations and joint-stock companies having any powers or privileges of corporations not possessed by individuals or partnerships, and all corporations shall have the right to sue, and shall be subject to be sued, in all courts, in like cases as natural persons.
This Section defines the rights of Corporations.
Section 5 – Corporate stock. Issuance, increase, etc.
Corporations shall not issue stock, except to bona fide subscribers thereof or their assignee, nor shall any corporation issue any bond, or other obligation, for the payment of money, except for money or property received, or labor done. The stock of corporations shall not be increased, except in pursuance of general law, nor shall any law authorize the increase of stock without the consent of the person or persons holding the larger amount in value of the stock, or without due notice of the proposed increase having previously been given in such manner as may be prescribed by law. All fictitious increase of stock or indebtedness shall be void.
More rights of Corporations defined. The Legislature has power to enact new laws concerning the increase of capitalization of corporation.
Section 6 – Privileges of foreign corporations
No corporations organized outside of this State, shall be allowed to transact business within the State on conditions more favorable than those prescribed by law to similar corporations organized under the laws of this State.
Powers of Foreign Corporations defined. The Legislature has power to enact new laws concerning foreign corporations.
Section 7 – Limitation on alienation of franchise
No corporation shall lease or alienate any franchise, so as to relieve the franchise or property held thereunder from the liabilities of the lessor, or grantor, lessee or grantee, contracted or incurred in operation, use or enjoyment of such franchise or any of its privileges.
Restrictions on Corporations.
Section 8 – Consent of local authorities necessary to use of streets
No law shall be passed granting the right to construct and operate a street railroad, telegraph, telephone or electric light plant within any city or incorporated town, without the consent of the local authorities who have control of the street or highway proposed to be occupied for such purposes.
The Legislature has no power to enact laws concerning municipal operations without the consent of the municipality involved.
Section 9 – Place of business, process agent, etc.
No corporation shall do business in this State, without having one or more places of business with an authorized agent or agents, upon whom process may be served; nor without first filing a certified copy of its articles of incorporation with the Secretary of State.
Restrictions on Corporations.
Section 10 – Corporations limited to authorized objects
No corporation shall engage in any business other than that expressly authorized in its charter, or articles of incorporation.
More restrictions on Corporations.
Section 11 – Franchises may be taken for public use
The exercise of the right of eminent domain shall never be so abridged or construed, as to prevent the Legislature from taking the property and franchises of incorporated companies, and subjecting them to public use the same as the property of individuals.
Right of Eminent Domain is established.
Section 12 – Common carriers
All railroad and other transportation companies are declared to be common carriers, and subject to legislative control; and such companies shall receive and transport each other's passengers and freight, without discrimination or unnecessary delay.
Public Transportation is defined and regulated.
Section 13 – Competing railroads not to consolidate
No railroad corporation shall consolidate its stock, property or franchises with any other railroad corporation owning a competing line.
Competing Public Transportation firms not to merge.
Section 14 – Rolling stock considered personal property
The rolling stock, and other movable property, belonging to any railroad company or corporation in this State, shall be considered personal property, and shall be liable to taxation and to execution and sale, in the same manner as the personal property of individuals, and such property shall not be exempted from execution and sale.
Rolling stock of Public Transportation companies to be taxed as personal property.
Section 15 – Legislature to prescribe maximum rates. Discriminations
The Legislature shall pass laws establishing reasonable maximum rates of charges for the transportation of passengers and freight, for correcting abuses, and preventing discrimination and extortion in rates of freight and passenger tariffs by the different railroads, and other common carriers in the State, and shall enforce such laws by adequate penalties.
Legislature has power to establish rates for public utilities.
Section 16 – Armed bodies not enter state, when
No corporation or association shall bring any armed person or bodies of men into this State for the preservation of the peace, or the suppression of domestic trouble without authority of law.
Private armies not permitted.
Section 17 – Employee of corporation ineligible to municipal office, when
No officer, employee, attorney or agent of any corporation, company or association doing business under, or by virtue of any municipal charter or franchise, shall be eligible to or permitted to hold any municipal office, in the municipality granting such charter or franchise.
Corporate officers may not hold public office in municipality granting the charter.
Section 18 – Liability of stockholders of banks
The stockholders in every corporation, and joint stock association for banking purposes, in addition to the amount of capital stock subscribed and fully paid by them, shall be individually responsible for an additional amount, equal to the amount of their stock in such corporation, for all its debts and liabilities of every kind.
Stockholders of bank corporations are individually liable for the debts of the bank.
Section 19 – Blacklisting forbidden
Every person in this State shall be free to obtain employment whenever possible, and any person, corporation, or agent, servant or employee thereof, maliciously interfering or hindering in any way, any person from obtaining, or enjoying employment already obtained, from any other corporation or person, shall be deemed guilty of a crime. The Legislature shall provide by law for the enforcement of this section.
No Restrictions on the Right of a Person to work. The Legislature has the power to enact new laws to enforce the provisions of this Section.
Section 20 – Trusts and combinations prohibited
Any combination by individuals, corporations or associations, having for its object or effect the controlling of the price of any products of the soil, or of any article of manufacture or commerce, or the cost of exchange or transportation, is prohibited, and hereby declared unlawful, and against public policy. The Legislature shall pass laws for the enforcement of this section by adequate penalties, and in case of incorporated companies, if necessary for that purpose, it may declare a forfeiture of their franchise.
Trusts and cartels organized to control prices are unlawful.
ARTICLE XIII – REVENUE AND TAXATION
Section 1 - Fiscal year
The fiscal year shall begin on the first day of January, unless changed by the Legislature.
This Section fixes the Fiscal Year for the State, and grants the Legislature the power to change the date.
Section 2 – What property taxable. Definitions. Revenue
All property in the State, not exempt under the laws of the United States, or under this Constitution, shall be taxed in proportion to its value, to be ascertained as provided by law. The word property, as used in this article, is hereby declared to include monies, credits, bonds, stocks, franchises and all matters and things (real, personal and mixed) capable of private ownership; but this shall not be so construed as to authorize the taxation of the stocks of any company or corporation, when the property of such company or corporation represented by such stocks, has been taxed. The Legislature shall provide by law for an annual tax sufficient, with other sources of revenue, to defray the estimated ordinary expenses of the state for each fiscal year. For the purpose of paying the State debt, if any there be, the Legislature shall provide for levying a tax annually, sufficient to pay the annual interest, and principal of such debt, within twenty years from the final passage of the law creating the debt.
This Section defines a Property Tax, and by so doing is a direct assault on the provisions of Common Law.
Common Law has all rights concerned with the ownership and control of Property, which includes real property. Under the terms and conditions of Sovereignty each individual is entitled to hold their property in Allodial Title. And Property tax is a major violation of the right to Allodial title.
We speak of "Fee Simple Title," which is what Allodial Title is called under Common Law, but the ability of the State, or other government entity to apply Property Tax to Real Property destroys the very concept of Allodial Title.
This Section is unconstitutional as it is in violation of the fact that the People retained all rights to Common Law, and this fact was further established by the US Supreme Court when it ruled that neither the Federal union or State Governments have any powers or rights to control or modify the principles of Common Law.
The Legislature has absolutely no power or ability to enact laws in violation of the principles of Common Law.
This Section is beyond the power granted by the People and is therefore unconstitutional.
Section 3 – Legislature to provide uniform tax. Exemptions
The Legislature shall provide by law a uniform and equal rate of assessment and taxation on all property in the State, according to its value in money, and shall prescribe by general law such regulations as shall secure a just valuation for taxation of all property; so that every person and corporation shall pay a tax in proportion to the value of his, her or its property: Provided, That a deduction of debts from credits may be authorized: Provided further, That the property of the United States, of the State, counties, cities, towns, school districts, municipal corporations and public libraries, lots with the buildings thereon used exclusively for either religious worship or charitable purposes, and places of burial not held or used for private or corporate benefit, shall be exempt from taxation. Ditches, canals, and flumes owned and used by individuals or corporations for irrigating lands owned by such individuals or corporations, or the individual members thereof, shall not be separately taxed so long as they shall be owned, and used exclusively for such purpose.
A Uniform Tax sounds great, but it is still a property tax and is therefore a violation of our Sovereignty, and is therefore invalid. This Section cannot grant the Legislature any power to enact new laws.
Please refer to the detailed statements on the previous Section where I clearly point out that Property is the venue of Common Law and the State has no power or authority to enact laws concerning Property.
Section 4 – Taxation of mines
All mines and mining claims, both placer and rock in place, containing or bearing gold, silver, copper, lead, coal or other valuable mineral deposits, after purchase thereof from the United States, shall be taxed at the price paid the United States therefor, unless the surface ground, or some part thereof, of such mine or claim, is used for other than mining purposes, and has a separate and independent value for such other purposes; in which case said surface ground, or any part thereof, so used for other than mining purposes, shall be taxed at its value for such other purposes, as provided by law; and all the machinery used in mining, and all property and surface improvements upon or appurtenant to mines and mining claims, which have a value separate and independent of such mines or mining claims, and the net annual proceeds of all mines and mining claims, shall be taxed as provided by law.
a Tax on Mining Claims is just another tax on personal property. Please refer to the above statements concerning tax on personal property. The Legislature has no power to enact laws pertaining to property.
Section 5 – Local authorities to levy local taxes
The Legislature shall not impose taxes for the purpose of any county, city, town or other municipal corporation, but may, by law, vest in the corporate authorities thereof, respectively, the power to assess and collect taxes for all purposes of such corporation.
The Legislature cannot directly tax for the benefit of any municipality, but may enable such municipality to do its own taxing.
Section 6 – Annual statement to be published
An accurate statement of the receipts and expenditures of the public moneys, shall be published annually in such manner as the Legislature may provide.
The Legislature shall publish an annual statement of the receipts and expenditures of the State.
Section 7 – Tax rate for state purposes
The rate of taxation on property, for State purposes, shall never exceed eight mills on each dollar of valuation; and whenever the taxable property within the State shall amount to two hundred million dollars, the rate shall not exceed five mills on each dollar of valuation; and whenever the taxable property within the State shall amount to three hundred million dollars, the rate shall never thereafter exceed four mills on each dollar of valuation; unless a proposition to increase such rate, specifying the rate proposed, and the time during which the same shall be levied, be first submitted to a vote of such qualified electors of the State as, in the year next preceding such election, shall have paid a property tax assessed to them within the State, and the majority of those voting thereon shall vote in favor thereof, in such manner as may be provided by law.
This Section claims the Legislature is empowered to establish the Rate of Taxation. Property Taxes are a violation of the Sovereignty of the Citizens. This Section is invalid.
Section 8 – Officer not to make profit out of public moneys
The making of profit out of public moneys, or using the same for any purpose not authorized by law, by any public officer, shall be deemed a felony, and shall be punished as provided by law, but part of such punishment shall be disqualification to hold public office.
A Civil Officer cannot make a profit from public funds.
Section 9 – State expenditure to be kept within revenues
No appropriation shall be made, or any expenditure authorized by the Legislature, whereby the expenditure of the State, during any fiscal year, shall exceed the total tax then provided for by law, and applicable for such appropriation or expenditure, unless the Legislature making such appropriation, shall provide for levying a sufficient tax, not exceeding the rates allowed in section seven of this article, to pay such appropriation or expenditure within such fiscal year. This provision shall not apply to appropriations or expenditures to suppress insurrections, defend the State, or assist in defending the United States in time of war.
The Legislature must enact a balanced budget for each fiscal year.
Section 10 – All property taxable where situated
All corporations or persons in this State, or doing business herein, shall be subject to taxation for State, County, School, Municipal or other purposes, on the real and personal property owned or used by them within the territorial limits of the authority levying the tax.
All Property Subject to Tax. Please refer to lengthy statement above. All Property is a part of the owners individual Sovereignty realm. The Sovereign is supreme in his, or her realm, and nobody has the power or the authority to invade or infringe upon the realm of a Sovereign person.
Section 11 – State and county boards of equalization
Until otherwise provided by law, there shall be a State Board of Equalization, consisting of the Governor, State Auditor, State Treasurer, Secretary of State and Attorney-General; also, in each county of this State, a County Board of Equalization, consisting of the Board of County Commissioners of said county. The duty of the State Board of Equalization shall be to adjust and equalize the valuation of the real and personal property among the several counties of the State. The duty of the County Board of Equalization shall be to adjust the equalize the valuation of the real and personal property within their respective counties. Each Board shall also perform such other duties as may be prescribed by law.
This Section establishes the State and County Boards of Equalization. It states that they will perform such duties are are prescribed by law. It does not state the Legislature has the power to enact new laws or if the People will prescribe the laws.
Section 12 – Stamp, income, license, franchise, or mortgage tax permissible
Nothing in this Constitution shall be construed to prevent the Legislature from providing a stamp tax, or a tax based on income, occupation, licenses, franchises or mortgages.
The Legislature may enact taxing from a variety of sources.
ARTICLE XIV – PUBLIC DEBT
Section 1 – State debt, limitation
To meet casual deficits or failures in revenue, and for necessary expenditures for public purposes, including the erection of public buildings, and for the payment of all Territorial indebtedness assumed by the State, the State may contract debts, not exceeding in the aggregate at any one time, the sum of two hundred thousand dollars over and above the amount of the Territorial indebtedness assumed by the State. But when the said Territorial indebtedness shall have been paid, the State shall never contract any indebtedness, except as in the next section provided, in excess of the sum of two hundred thousand dollars, and all monies arising from loans herein authorized, shall be applied solely to the purposes for which they were obtained.
The State may borrow money for specific projects.
Section 2 – Debts for public defense
The State may contract debts to repel invasion, suppress insurrection, or to defend the State in war, but the money arising from the contracting of such debts shall be applied solely to the purpose for which it was obtained.
The State may borrow money to defend the State and the Citizens of the State.
Section 3 – Debts of counties, cities, etc., not to exceed revenue. Exception
No debt in excess of the taxes for the current year shall be created by any county or subdivision thereof, or by any school district therein, or by any city, town or village, or any subdivision thereof in this State; unless the proposition to create such debt, shall have been submitted to a vote of such qualified electors as shall have paid a property tax therein, in the year preceding such election, and a majority of those voting thereon shall have voted in favor of incurring such debt.
No Municipal district may exceed a Balanced Budget unless approved by the Voters.
Section 4 – Limit of indebtedness of counties, cities, towns and school districts
When authorized to create indebtedness as provided in section three of this article, no county shall become indebted to an amount, including existing indebtedness, exceeding two per centum. No city, town, school district or other municipal corporation, shall become indebted to an amount, including existing indebtedness, exceeding four per centum of the value of the taxable property therein, the value to be ascertained by the last assessment for State and county purposes, previous to the incurring of such indebtedness; except that in incorporated cities the assessment shall be taken from the last assessment for city purposes: Provided, That no part of the indebtedness allowed in this section, shall be incurred for other than strictly county, city, town or school district purposes: Provided, further, That any city or town, when authorized as provided in Section three of this Article, may be allowed to incur a larger indebtedness, not exceeding four per centum additional, for supplying such city or town with water, artificial lights or sewers, when the works for supplying such water, light and sewers, shall be owned and controlled by the municipality.
Debt limit for Municipal Organizations established.
Section 5 – Borrowed money to be applied to authorized use
All moneys borrowed by, or on behalf of the State, or any legal subdivision thereof, shall be used solely for the purpose specified in the law authorizing the loan.
Borrowed funds to be used only for purpose of the loan.
Section 6 – State not to assume county, etc., debts
The State shall not assume the debt, or any part thereof, of any county, city, town or school district.
The State may not assume debt of County or municipality.
Section 7 – Existing indebtedness not impaired
Nothing in this article shall be so construed as to impair or add to the obligation of any debt heretofore contracted, in accordance with the laws of Utah Territory, by any county, city, town or school district, or to prevent the contracting of any debt, or the issuing of bonds therefor, in accordance with said laws, upon any proposition for that purpose, which, according to said laws, may have been submitted to a vote of the qualified electors of any county, city, town or school district before the day on which this Constitution takes effect.
Loans contracted under the Utah Territory can be completed.
ARTICLE XV – MILITIA
Section 1 – How constituted
The militia shall consist of all able-bodied male inhabitants of the State, between the ages of eighteen and forty-five years, except such as are exempted by law.
This Section defines who belongs to the Militia.
Section 2 – Organization and equipment
The Legislature shall provide by law for the organization, equipment and discipline of the militia, which shall conform as nearly as practicable to the regulations for the government of the armies of the United States.
Organization of the Militia.
ARTICLE XVI – LABOR
Section 1 – Rights of labor to be protected
The rights of labor shall have just protection through laws calculated to promote the industrial welfare of the State.
The rights of labor shall be protected.
Section 2 – Board of labor
The Legislature shall provide by law, for a Board of Labor, Conciliation and Arbitration, which shall fairly represent the interests of both capital and labor. The Board shall perform duties, and receive compensation as prescribed by law.
The Board of Labor is established.
Section 3 – Certain employments, etc., to be prohibited
The Legislature shall prohibit:
(1) The employment of women, or of children under the age of fourteen years, in underground mines.
(2) The contracting of convict labor.
(3) The labor of convicts outside prison grounds, except on public works under the direct control of the State.
(4) The political and commercial control of employees.
Legislature is instructed to prohibit various labor practices.
Section 4 – Exchange of blacklists prohibited
The exchange of black lists by railroad companies, or other corporations, associations or persons is prohibited.
Black listing is prohibited.
Section 5 – Injuries resulting in death. Damages
The right of action to recover damages for injuries resulting in death, shall never be abrogated, and the amount recoverable shall not be subject to any statutory limitation.
Right to sue for damages for injuries resulting in death are never abrogated.
Section 6 – Eight hours a day's labor on public works
Eight hours shall constitute a day's work on all works or undertakings carried on or aided by the State, County or Municipal governments; and the Legislature shall pass laws to provide for the health and safety of employees in factories, smelters and mines.
Length of work day in public works is established and the Legislature is empowered to enact new laws for health and safety of industrial workers.
Section 7 – Legislature to enforce this article
The Legislature, by appropriate legislation, shall provide for the enforcement of the provisions of this article.
The Legislature shall enforce the right to work. Enforcing the right to work is in essence enforcing the fact that all Citizens are equal and have a basic right to work at whatever profession they choose.
ARTICLE XVII – WATER RIGHTS
Section 1 – Existing rights confirmed
All existing rights to the use of any of the waters in this State for any useful or beneficial purpose, are hereby recognized and confirmed.
Existing water rights confirmed.
ARTICLE XVIII – FORESTRY
Section 1 – Forests to be preserved
The Legislature shall enact laws to prevent the destruction of and to preserve the Forests on the lands of the State, and upon any part of the public domain, the control of which may be conferred by Congress upon the State.
The Forests are to be preserved, and the Legislature has the power to enact new laws to protect them.
ARTICLE XIX – PUBLIC BUILDINGS AND STATE INSTITUTIONS
Section 1 – Property of territory becomes property of state
All Institutions and other property of the Territory, upon the adoption of this Constitution, shall become the Institutions and property of the State of Utah.
Property of Territory now Property of State.
Section 2 – Charitable and penal institutions, how maintained
Reformatory and Penal Institutions, and those for the benefit of the Insane, Blind, Deaf and Dumb, and such other institutions as the public good may require, shall be established and supported by the State in such manner, and under such boards of control as may be prescribed by law.
Charitable and Penal institutions established. The Legislature has power to enact new laws establishing boards and controls over the Charitable and Penal Institutions.
Section 3 – Seat of government and public institutions permanently located
The Public Institutions of the State are hereby permanently located at the places hereinafter named, each to have the lands specifically granted to it by the United States, in the Act of Congress, approved July 16th, 1894, to be disposed of and used in such manner as the Legislature may provide:
First:-- The Seat of Government and the State Fair at Salt Lake City, and the State Prison in the County of Salt Lake.
Second:-- The Institutions for the Deaf and Dumb, and the Blind, and the State Reform School at Ogden City, in the County of Weber.
Third:-- The State Insane Asylum at Provo City, in the County of Utah.
Public sites defined. The Legislature is granted the power to enact laws concerning the sites for the various State functions.
ARTICLE XX – PUBLIC LANDS
Section 1 – Land grants accepted on terms of trust
All lands of the State that have been, or may hereafter be granted to the State by Congress, and all lands acquired by gift, grant or devise, from any person or corporation, or that may otherwise be acquired, are hereby accepted, and declared to be the public lands of the State; and shall be held in trust for the people, to be disposed of as may be provided by law, for the respective purposes for which they have been or may be granted, donated, devised or otherwise acquired.
The Legislature has power to enact laws covering the disposition of Public Lands.
ARTICLE XXI – SALARIES
Section 1 – Public officers to be paid salaries. Exceptions
All State, district, city, county, town and school officers, excepting notaries public, boards of arbitration, court commissioners, justices of the peace and constables, shall be paid fixed and definite salaries: Provided, That city justices may be paid by salary when so determined by the mayor and council of such cities.
The Legislature has power to enact new laws pertaining to the salaries of Public Servants.
Section 2 – Legislature to provide fees. Accounting
The Legislature shall provide by law, the fees which shall be collected by all officers within the state. Notaries public, boards of arbitration, court commissioners, justices of the peace, and constables paid by fees, shall accept said fees as their full compensation. But all other State, district, county, city, town and school officers, shall be required by law to keep a true and correct account of all fees collected by them, and to pay the same into the proper treasury, and the officer whose duty it is to collect such fees shall be held responsible under his bond for the same.
The Legislature has power to set the amounts of the fees to be charged.
ARTICLE XXII – MISCELLANEOUS
Section 1 – Homestead exemption
The Legislature shall provide by law, for the selection by each head of a family, and exemption of a homestead, which may consist of one or more parcels of lands, together with the appurtenances and improvements thereon on the value of at least fifteen hundred dollars from sale on execution.
The Legislature has power to enact laws concerning Homestead Exemptions.
Section 2 – Property rights of married women
Real and personal estate of every female, acquired before marriage, and all property to which she may afterwards become entitled by purchase, gift, grant, inheritance or devise, shall be and remain the estate and property of such female, and shall not be liable for the debts, obligations or engagements of her husband, and may be conveyed, devised or bequeathed by her as if she were unmarried.
Dower Interest Established.
ARTICLE XXIII – AMENDMENT AND REVISION
Section 1 – Amendments: proposal, election
Any amendment or amendments to this Constitution may be proposed in either house of the Legislature, and if two-thirds of all the members elected to each of the two houses, shall vote in favor thereof, such proposed amendment or amendments shall be entered on their respective journals with the yeas and nays taken thereon; and the Legislature shall cause the same to be published in at least one newspaper in every county of the State, where a newspaper is published, for two months immediately preceding the next general election, at which time the said amendment or amendments shall be submitted to the electors of the State, for their approval or rejection, and if a majority of the electors voting thereon shall approve the same, such amendment or amendments shall become part of this Constitution. If two or more amendments are proposed, they shall be so submitted as to enable the electors to vote on each of them separately.
Procedure established for proposing Amendments to this Constitution.
Section 2 – Revision of the constitution
Whenever two-thirds of the members, elected to each branch of the Legislature, shall deem it necessary to call a convention to revise or amend this Constitution, they shall recommend to the electors to vote, at the next general election, for or against a convention, and, if a majority of all the electors, voting at such election, shall vote for a convention, the Legislature, at its next session, shall provide by law for calling the same. The convention shall consist of not less than the number of members in both branches of the Legislature.
The Legislature has the power to convene a Constitution Convention to Amendment this Constitution.
Section 3 – Revision of the constitution. Submission to electors
No Constitution, or amendments adopted by such Convention, shall have validity until submitted to, and adopted by, a majority of the electors of the State voting at the next general election.
Any proposed changes to the Constitution must be approved by the voters of the State.
ARTICLE XXIV – SCHEDULE
This entire Section has to do with the change from the
Territory to the State and has no further bearing now that has been accomplished.
The Legislature was granted no power to enact new laws in any of this Article.
Section 1 – Actions, contracts, etc., to continue
In order that no inconvenience may arise, by reason of the change from a Territorial to a State Government, it is hereby declared that all writs, actions, prosecutions, judgments, claims and contracts, as well of individuals as of bodies corporate, both public and private, shall continue as if no change had taken place; and all process which may issue, under the authority of the Territory of Utah, previous to its admission into the Union, shall be as valid as if issued in the name of the State of Utah.
Section 2 – Territorial laws continued
All laws of the Territory of Utah now in force, not repugnant to this Constitution, shall remain in force until they expire by their own limitations, or are altered or repealed by the Legislature. The act of the Governor and Legislative Assembly of the Territory of Utah, entitled, "An Act to punish polygamy and other kindred offenses," approved February 4th, AD 1892, in so far as the same defines and imposes penalties for polygamy, is hereby declared to be in force in the State of Utah.
Section 3 – Prisoners to be held
Any person, who, at the time of the admission of the State into the Union, may be confined under lawful commitment, or otherwise lawfully held to answer for alleged violation of any of the criminal laws of the Territory of Utah, shall continue to be so held or confined, until discharged therefrom by the proper courts of the State.
Section 4 – Fines, etc., due the territory. Debts of the territory
All fines, penalties and forfeitures accruing to the Territory of Utah, or to the people of the United States in the Territory of Utah, shall inure to this State, and all debts, liabilities and obligations of said Territory shall be valid against the State, and enforced as may be provided by law.
Section 5 – Recognizances. Judgments. Records. Fines due counties, etc.
All recognizances heretofore taken, or which may be taken before the change from a Territorial to a State Government, shall remain valid, and shall pass to and be prosecuted in the name of the State; and all bonds executed to the Governor of the Territory, or to any other officer or court in his or their official capacity, or to any official board for the benefit of the Territory of Utah, or the people thereof, shall pass to the Governor or other officer, court or board, and his or their successors in office, for the uses therein, respectively expressed, and may be sued on, and recovery had accordingly. Assessed taxes, and all revenue, property, real, personal or mixed, and all judgments, bonds, specialties, choses in action, claims and debts, of whatsoever description; and all records and public archives of the Territory of Utah, shall issue and vest in the State of Utah, and may be sued for and recovered, in the same manner, and to the same extent by the State of Utah, as the same could have been by the Territory of Utah; and all fines, taxes, penalties and forfeitures, due or owing to any county, municipality or school district therein, at the time the State shall be admitted into the Union, are hereby respectively assigned and transferred, and the same shall be payable to the county, municipality or school district, as the case may be, and payment thereof be enforced under the laws of the State.
Section 6 – Criminal prosecutions begun and crimes committed before statehood
All criminal prosecutions, and penal actions, which may have arisen, or which may arise before the change from a Territorial to a State Government, and which shall then be pending, shall be prosecuted to judgment and execution in the name of the State, and in the court having jurisdiction thereof. All offenses committed against the laws of the Territory of Utah, before the change from a Territorial to a State Government, and which shall not have been prosecuted before such change, may be prosecuted in the name, and by authority of the State of Utah, with like effect as though such change had not taken place, and all penalties incurred shall remain the same, as if this Constitution had not been adopted.
Section 7 – Transfer of causes, records, etc.
All actions, cases, proceedings and matters, pending in the Supreme and District Courts of the Territory of Utah, at the time the State shall be admitted into the Union, and all files, records and indictments relating thereto, except as otherwise provided herein, shall be appropriately transferred to the Supreme and District Courts of the State respectively; and thereafter all such actions, matters and cases, shall be proceeded with in the proper State courts. All actions, cases, proceedings and matters which shall be pending in the District Courts of the Territory of Utah, at the time of the admission of the State into the Union, whereof the United States Circuit or District Courts might have had jurisdiction had there been a State Government at the time of the commencement thereof respectively, shall be transferred to the proper United States Circuit and District Courts respectively; and all files, records, indictments and proceedings relating thereto, shall be transferred to said United States Courts: Provided, That no civil actions, other than causes and proceedings of which the said United States' Courts shall have exclusive jurisdiction, shall be transferred to either of said United States' Courts except upon motion or petition by one of the parties thereto, made under and in accordance with the act or acts of Congress of the United States, and such motion and petition not being made, all such cases shall be proceeded with in the proper State Courts.
Section 8 – Seals of courts
Upon a change from Territorial to State Government, the seal in use by the Supreme Court of the Territory of Utah, until otherwise provided by law, shall pass to and become the Seal of the Supreme Court of the State, and the several District Courts of the State may adopt seals for their respective courts, until otherwise provided by law.
Section 9 – Transfer of probate causes to district courts
When the State is admitted into the Union, and the District Courts in the respective districts are organized, the books, records, papers and proceedings of the probate court in each county, and all causes and matters of administration pending therein, upon the expiration of the term of office of the Probate Judge, on the second Monday in January, 1896, shall pass into the jurisdiction and possession of the District Court, which shall proceed to final judgment or decree, order or other determination in the several matters and causes, as the Territorial Probate Court might have done, if this Constitution had not been adopted. And until the expiration of the term of office of the Probate Judges, such Probate Judges shall perform the duties now imposed upon them by the laws of the Territory. The District Courts shall have appellate and revisory jurisdiction over the decisions of the Probate Courts as now provided by law, until such latter courts expire by limitation.
Section 10 – Officers to hold office until superseded
All officers, civil and military, now holding their offices and appointments in this Territory by authority of law, shall continue to hold and exercise their respective offices and appointments, until superseded under this Constitution: Provided, That the provisions of this section shall be subject to the provisions of the Act of Congress, providing for the admission of the State of Utah, approved by the President of the United States on July 16th, 1894.
Section 11 – Election for adoption or rejection of constitution, and for state officers. Voters
The election for the adoption or rejection of this Constitution, and for State Officers herein provided for, shall be held on the Tuesday next after the first Monday in November, 1895, and shall be conducted according to the laws of the Territory, and the provisions of the Enabling Act; the votes cast at said election shall be canvassed, and returns made, in the same manner as was provided for in the election for delegates to the Constitutional Convention.
Provided, That all male citizens of the United States, over the age of twenty-one years, who have resided in this Territory for one year next prior to such election, are hereby authorized to vote for or against the adoption of this Constitution, and for the State Officers herein provided for. The returns of said election shall be made to the Utah Commission, who shall cause the same to be canvassed, and shall certify the result of the vote for or against the Constitution, to the President of the United States, in the manner required by the Enabling Act; and said Commission shall issue certificates of election to the persons elected to said offices severally, and shall make and file with the Secretary of the Territory, an abstract, certified to by them, of the number of votes cast for each person for each of said offices, and of the total number of votes cast in each county.
Section 12 – Election. Officers to be elected
The State Officers to be voted for at the time of the adoption of this Constitution, shall be a Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Superintendent of Public Instruction, Members of the Senate and House of Representatives, three Supreme Judges, nine District Judges, and a Representative to Congress.
Section 13 – Contest for district judgeship, how determined
In case of a contest of election between candidates, at the first general election under this Constitution, for Judges of the District Courts, the evidence shall be taken in the manner prescribed by the Territorial laws, and the testimony so taken shall be certified to the Secretary of State, and said officer, together with the Governor and the Treasurer of the State, shall review the evidence, and determine who is entitled to the certificate of election.
Section 14 – Constitution to be submitted to voters. Ballot
This Constitution shall be submitted for adoption or rejection, to a vote of the qualified electors of the proposed State, at the general election to be held on the Tuesday next after the first Monday in November, A. D. 1895. At the said election the ballot shall be in the following form:
For the Constitution. Yes. No.
As a heading to each of said ballots there shall be printed on each ballot the following
Instructions to Voters:
All persons desiring to vote for the Constitution must erase the word "No."
All persons desiring to vote against the Constitution must erase the word "Yes."
Section 15 – Election of officers not provided for herein
The Legislature, at its first session, shall provide for the election of all officers, whose election is not provided for elsewhere in this Constitution, and fix the time for the commencement and duration of their terms.
Section 16 – When Constitution in force
The provisions of this Constitution shall be in force from the day on which the President of the United States shall issue his proclamation, declaring the State of Utah admitted into the Union; and the terms of all officers elected at the first election under the provisions of this Constitution, shall commence on the first Monday, next succeeding the issue of said proclamation. Their terms of office shall expire when their successors are elected and qualified under this Constitution.
Done in Convention at Salt Lake City, in the Territory of Utah, this eighth day of May, in the year of our Lord one thousand eight hundred and ninety-five, and of the Independence of the United States the one hundred and nineteenth.