The Washington State Constitution: A Reference Guide

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Greenwood Publishing Group, 2002 - 287 էջ

Providing a useful starting point for practitioners and others interested in working with Washington's basic legal document, this original reference work describes each article and each section of the State Constitution in turn, outlining the historical background of the section, its predecessors or relatives in the U.S. or other state constitutions, and key interpretive cases. The Introduction, written by retired State Supreme Court Justice Robert F. Utter, describes the increasing interest in state constitutions during the past quarter-century and outlines how federal courts have come to rely on Washington State's constitution as an independent source of rights protections.

The article of the Constitution described at greatest length is Article I, the declaration of Rights. It contains 35 sections covering religious freedom, protection of speech and privacy, the right to bear arms, rights of the accused, a prohibition of a standing army, and many other provisions. Of the remaining 31 articles, many have their origins in other state constitutions, particularly those of western states, while a few sections are unique in their language. The paramount duty clause of the education article is an example of language that originated first in Washington, although it has cousins in other state constitutions that entrench the concept of common schools that spread throughout the nation after 1830.

 

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The Constitutional History of Washington
xv
Studying History and Discerning Intent
2
The Washington Constitution and Commentary
7
Preamble
8
Declaration of Rights
9
SECTION 3 Personal Rights
9
SECTION 4 Right of Petition and Assemblage
10
SECTION 5 Freedom of Speech
11
SECTION 2 School Elections Franchise How Extended
114
SECTION 4 Residence Contingencies Affecting
115
SECTION 7 Registration
116
SECTION 8 Elections Time of Holding
117
Revenue and Taxation
118
SECTION 2 Limitation on Levies
121
SECTION 3 Taxation of Federal Agencies and Property
123
SECTION 4 No Surrender of Power or Suspension of Tax on Corporate Property
124

SECTION 6 Oaths Mode of Administering
12
SECTION 8 Irrevocable Privilege Franchise or Immunity Prohibited
14
SECTION 10 Administration of Justice
16
SECTION 11 Religious Freedom
17
SECTION 12 Special Privileges and Immunities Prohibited
18
SECTION 13 Habeas Corpus
19
SECTION 14 Excessive Bail Fines and Punishments
20
SECTION 15 Convictions Effect of
21
SECTION 16 Eminent Domain
22
SECTION 17 Imprisonment for Debt
23
SECTION 18 Military Power Limitation of
24
SECTION 20 Bail When Authorized
25
SECTION 21 Trial by Jury
26
SECTION 22 Rights of the Accused
27
SECTION 23 Bill of Attainder Ex Post Facto Law Etc
29
SECTION 24 Right to Bear Arms
30
SECTION 25 Prosecution by Information
32
SECTION 27 Treason Defined Etc
33
SECTION 28 Hereditary Privileges Abolished
34
SECTION 30 Rights Reserved
35
SECTION 31 Standing Army
36
SECTION 33 Recall of Elective Officers
37
SECTION 34 Same
38
SECTION 35 Victims of Crimes Rights
39
Legislative Department
40
SECTION 1a Initiative and Referendum Signatures Required
44
SECTION 3 The Census
45
SECTION 7 Qualifications of Legislators
46
SECTION 9 Rules of Procedure
47
SECTION 12 Sessions When Duration
48
SECTION 14 Same Federal or Other Office
49
SECTION 15 Vacancies in Legislature and in Partisan County Elective Office
50
SECTION 16 Privileges from Arrest
51
SECTION 17 Freedom of Debate
52
SECTION 20 Origin and Amendment of Bills
53
SECTION 21 Yeas and Nays
54
SECTION 24 Lotteries and Divorce
55
SECTION 26 Suits against the State
56
SECTION 27 Elections Viva Voce Vote
57
SECTION 29 Convict Labor
59
SECTION 30 Bribery or Corrupt Solicitation
60
SECTION 33 Ownership of Lands by Aliens Prohibited Exceptions
61
SECTION 36 When Bills Must Be Introduced
62
SECTION 38 Limitation on Amendments
63
SECTION 39 Free Transportation to Public Officer Prohibited
64
SECTION 41 Laws Effective Date Initiative Referendum Amendment or Repeal
65
SECTION 42 Governmental Continuity during Emergency Periods
66
SECTION 43 Redistricting
67
The Executive
70
SECTION 2 Governor Term of Office
71
SECTION 5 General Duties of Governor
72
SECTION 7 Extra Legislative Sessions
73
SECTION 8 CommanderinChief
74
SECTION 9 Pardoning Power
75
SECTION 11 Remission of Fines and Forfeitures
76
SECTION 12 Veto Powers
78
SECTION 13 Vacancy in Appointive Office
80
SECTION 14 Salary
81
SECTION 16 Lieutenant Governor Duties and Salary
82
SECTION 18 Seal
83
SECTION 20 State Auditor Duties and Salary
84
SECTION 22 Superintendent of Public Instruction Duties and Salary
85
SECTION 23 Commissioner of Public Lands Compensation
86
SECTION 25 Qualifications Compensation Offices Which May Be Abolished
88
The Judiciary
89
SECTION 2 Supreme Court
90
SECTION 3 Election and Terms of Supreme Judges
91
SECTION 3a Retirement of Supreme Court and Superior Court Judges
92
SECTION 5 Superior Court Election of Judges Terms of Etc
93
SECTION 6 Jurisdiction of Superior Courts
94
SECTION 7 Exchange of Judges Judge Pro Tempore
95
SECTION 8 Absence of Judicial Officer
96
SECTION 10 Justices of the Peace
97
SECTION 11 Courts of Record
98
SECTION 14 Salaries of Supreme and Superior Court Judges
99
SECTION 16 Charging Juries
100
SECTION 19 Judges May Not Practice Law
101
SECTION 22 Clerk of the Supreme Court
102
SECTION 25 Reports of Superior Court Judges
103
SECTION 28 Oath of Judges
104
SECTION 30 Court of Appeals
105
Impeachment
108
Elections and Elective Rights
111
SECTION 1a Voter Qualifications for Presidential Elections
113
SECTION 7 Annual Statement
125
SECTION 10 Retired Persons Property Tax Exemption
126
State County and Municipal Indebtedness
128
SECTION 2 Powers Extended in Certain Cases
132
SECTION 3 Special Indebtedness How Authorized
133
SECTION 4 Moneys Disbursed Only by Appropriations
134
SECTION 5 Credit Not to Be Loaned
135
SECTION 7 Credit Not to Be Loaned
138
SECTION 8 Port Expenditures Industrial Development Promotion
141
SECTION 9 State Building Authority
142
SECTION 10 Energy Water or Stormwater or Sewer Services Conservation Assistance
143
SECTION 11 Agricultural Commodity Assessments Development Promotion and Hosting
144
Education
145
SECTION 2 Public School System
147
SECTION 3 Funds for Support
149
SECTION 4 Sectarian Control or Influence Prohibited
151
SECTION 5 Loss of Permanent Fund to Become State Debt
153
Militia
155
SECTION 1 Who Liable to Military Duty
156
SECTION 3 Soldiers Home
157
SECTION 4 Public Arms
158
County City and Township Organization
159
SECTION 2 County Seats Location and Removal
160
SECTION 4 County Government and Township Organization
161
SECTION 5 County Government
164
SECTION 6 Vacancies in Township Precinct or Road District Office
165
SECTION 8 Salaries and Limitation Affecting
166
SECTION 10 Incorporation of Municipalities
167
SECTION 11 Police and Sanitary Regulations
168
SECTION 12 Assessment and Collection of Taxes in Municipalities
169
SECTION 15 Deposit of Public Funds
170
Corporations Other Than Municipal
173
SECTION 2 Existing Charters
174
SECTION 3 Existing Charters Not to Be Extended Nor Forfeiture Remitted
175
SECTION 5 Term Corporation Defined Right to Sue and Be Sued
176
SECTION 6 Limitation upon Issuance of Stock
177
SECTION 8 Alienation of Franchise Not to Release Liabilities
178
SECTION 9 State Not to Loan Its Credit or Subscribe for Stock
179
SECTION 11 Stockholder Liability
180
SECTION 12 Receiving Deposits by Bank after Insolvency
181
SECTION 13 Common Carriers Regulation of
182
SECTION 14 Prohibition against Combinations by Carriers Repealed
183
SECTION 16 Prohibition against Consolidating of Competing Lines
184
SECTION 17 Rolling Stock Personalty for Purpose of Taxation
185
SECTION 19 Telegraph and Telephone Companies
187
SECTION 20 Prohibition against Free Transportation for Public Officers
188
State Institutions
190
Seat of Government
192
SECTION 2 Change of State Capital
193
SECTION 3 Restrictions on Appropriations for Capitol Buildings
194
Harbors and Tide Waters
195
SECTION 2 Leasing and Maintenance of Wharves Docks Etc
196
School and Granted Lands
199
SECTION 1 Disposition of
200
SECTION 2 Manner and Terms of Sale
201
SECTION 4 How Much May Be Offered in Certain Cases Platting of
202
Tidelands
204
State Seal
210
Exemptions
212
Public Health and Vital Statistics
214
Water and Water Rights
216
Legislative Apportionment
218
SECTION 2 Apportionment of Representatives
219
Amendments
221
SECTION 3 Submission to the People
222
Boundaries
224
Jurisdiction
226
Compact with the United States
228
Schedule
230
SECTION 4 Recognizances
231
SECTION 8 Change of Courts Transfer of Causes
232
SECTION 10 Probate Court Transfer of
233
SECTION 14 Duration of Term of Certain Officers
234
SECTION 18 Ballot
235
Compensation of State Officers
237
Investments of Public Pension and Retirement Funds
239
Compensation of Public Officers
241
Sex EqualityRights and Responsibilities
242
Special Revenue Financing
245
Note on Sources
249
Bibliography
251
Table of Cases
257
Index
275
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ROBERT F. UTTER served on the Washington State Supreme Court from 1971 to 1995, serving as Chief Justice between 1979 and 1981. Justice Utter served as a deputy prosecuting attorney, court commissioner, and on both the King County Superior Court and the Washington State Court of Appeals prior to joining the State Supreme Court. He also taught state constitutional law at the University of Puget Sound School of Law (now Seattle University School of Law).

HUGH D. SPITZER is an Affiliate Professor of Law at the University of Washington School of Law, where he teaches state constitutional law and other courses. He also practices public finance and state and local government law in Seattle with Foster Pepper & Shefelman PLLC.

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