Executive Department

This chapter looks at Article IV of the Colorado Constitution, which defines the executive department. By providing for the separate election of the secretary of state, treasurer, and attorney general, Section 1 seems to divide executive branch authority. In practice, this tension has mattered only when the attorney general and governor belonged to different political parties, and the attorney general asserted a legal position opposed by the governor. Section 1 imposes term limits on the state’s elective executives. Section 11 gives the governor the usual veto power followed by Section 12, giving the special power of the line-item veto over appropriations bills. Section 13 has complex provisions for succession if the governor’s office becomes vacant during a term.

Ethics in Government

This chapter covers Article XXIX of the Colorado Constitution on ethics in government. The article was added by citizens’ initiative in 2006. Its essential purpose was to outlaw gifts defined in Section 3 to public officers, employees, and their families. The section’s stricter ban allows no gift of any value by lobbyists except for campaign contributions; it specifically outlaws meals and beverages. Enforcement is committed to an Independent Ethics Commission (IEC) appointed as specified in Section 5. Since undertaking enforcement of the amendment, IEC has issued numerous decisions. Rulings are often responses to anticipatory requests by public officials, but some address attempts to discredit political opponents.

Legislative Department

This chapter explains Article V of the Colorado Constitution, which structures the legislative department. Original Section 1 vested all of the state’s legislative power in the general assembly. The rest of Section 1—added in 1910 and after—established, defined, and modified powers of citizens’ initiative and veto referendum. Section 3 defines the terms of senators and representatives and imposes term limits. Section 32 defines appropriations bills subject to the governor’s line-item veto, and Section 21 protects that veto power. Sections 20, 22a, and 22b require committee consideration of all bills but also prevent committees and caucus positions from killing bills. Sections 44–48.4 define and empower commissions to redistrict congressional and legislative seats.

Militia

This chapter describes Article XVII of the Colorado Constitution, authorizing the state militia. The Article establishes and defines the militia, now called the Colorado National Guard. Section 2 requires that rules for the Guard conform to regulations governing the U.S. Army. Section 3 empowers the governor to appoint officers of the Guard. Section 4 requires the general assembly to maintain armories for safekeeping of weapons, military records, and “relics and banners of the state.” Section 5 exempts from “militia duty in time of peace,” persons having “conscientious scruples against bearing arms.” A statute limits this exemption to religious beliefs and combat services. It also exempts other classes: persons in essential public jobs and those with disabilities.

Revenue

This chapter highlights Article X of the Colorado Constitution, dealing with revenue. It is one of the constitution’s most distinctive sections Detailed provisions lay out the state’s tax structure. Sections 3, 3.5, and 15 are extensive rules for property taxes and their equalization across the state. Sections 4 and 5 exempt public, religious, and charitable property. Sections 17 and 19 authorize and define the state income tax. Section 20, the Taxpayers Bill of Rights or TABOR requires prior voter consent to new or increased taxes and public debt and for public revenue above specified formulas. It also forbids specified taxes. The chapter explains in detail the many legal disputes about interpretation of this section.

Amendments

This chapter studies Article XIX of the Colorado Constitution, which concerns amendments. Section 2 authorizes the general assembly to propose amendments to the constitution by vote of two-thirds of the full membership of each house and submit them to voters for approval or rejection at the next general election. Proposals are limited to a single subject, and amendments to add provisions need a 55% vote for adoption. Section 1 authorizes the general assembly to propose and submit to voters a recommendation to hold a convention to amend the constitution. No revising convention has yet been called; three attempts failed.

Great Outdoors Colorado

This chapter explores Article XXVII of the Colorado Constitution, titled “Great Outdoors Colorado.” The article was added in 1992 to earmark all state lottery proceeds for wildlife, parks, and outdoor recreation. It was adopted in reaction to legislative allocations of lottery proceeds to other purposes. Section 1 established and defined the program. Section 2 created the Great Outdoors Trust Fund with detailed rules for its revenues. Section 3 allocates lottery proceeds among the Trust Fund, the Division of Parks and Recreation, and the Conservation Trust Fund. Section 5(1) vests exclusive control of the Trust Fund in the State Board of the Great Outdoors Colorado Trust Fund, established and defined by Section 6.

Bill of Rights

This chapter examines the Colorado Bill of Rights. It focuses on situations in which Colorado rights have significance independent of the federal Bill of Rights. This occurs when a Colorado provision has no federal counterpart or is interpreted to limit state government more strictly than its federal equivalent. An important provision protects privacy against government searches and seizures somewhat more than the federal Fourth Amendment. Others provide protection against retroactive civil laws and provide for condemnation of easements to serve mining and agriculture interests. Explicit provisions protect property rights of alien residents and require owners’ consent to municipal annexations. The chapter also explains Colorado’s unique path to constitutional protection of equal protection of the laws.

Education

This chapter studies Article IX of the Colorado Constitution, on public schools. Sections 1 and 15 establish the basic structure for administration of the state’s schools. Section 1 provides for an elected State Board of Education. Section 15 authorizes the general assembly to create school districts “of convenient size” and provides for an elected board of education for each, which “have control of instruction in the public schools of their respective districts.” Section 16 forbids the legislature and the State Board of Education from prescribing public school textbooks. Section 2 requires free public schools open to all residents between ages six and twenty-one. Sections 3, 4, 5, 9, and 10 concern the state public school fund and trust lands. Section 17 sets minimum levels of financial support for schools. Section 8 bans the teaching of sectarian tenets or doctrines in public schools and the use of religious criteria in hiring teachers or admitting students. Section 11 empowers the general assembly to require school attendance or education by other means.

Publication of Legal Advertising.

This chapter looks at former Article XXIII of the Colorado Constitution, which was repealed in 1994. It had concerned publication of legal advertising related to ballot measures. The article was added in 1918 to require that proposed constitutional amendments and initiated and referred bills “be published in two issues of two newspapers of opposite political faith in each county in the state.” As those terms indicate, the article was modeled on the tradition of newspapers identified with political parties and the existence of an abundance of local papers. As those customs disappeared, the article needed revision. Instead, the 1994 amendment repealed the article and transferred its function to new Article V, Section 1(7.3), which requires the general assembly’s research staff to publish proposed ballot measures in legal newspapers.