The Constitution Of The Commonwealth Of Kentucky
The ConstitutionOf TheCommonwealth Of KentuckyInformational Bulletin No. 59November 2020
Constitution Of TheCommonwealth Of KentuckyInformational Bulletin No. 59November 2020Legislative Research CommissionFrankfort, Kentuckylegislature.ky.govPaid for with state funds. Available in alternative format by request.
Legislative Research CommissionConstitution Of The Commonwealth Of KentuckyContentsContentsConstitution Of The Commonwealth Of Kentucky .1Preamble .1Bill Of Rights .1Distribution Of The Powers Of Government .4The Legislative Department .4Counties And County Seats .10Impeachments .10The Executive Department .10Officers For The State At Large .10Officers For Districts And Counties .14The Judicial Department .15The Supreme Court .15The Court Of Appeals .16The Circuit Court.16The District Court .17Clerks Of Court .17Appellate Policy—Rule-Making Power .17Offices Of Justices And Judges .17County Courts.20Justices Of The Peace .20Fiscal Courts .20Suffrage And Elections .20Municipalities .22Revenue And Taxation .25Education .28Corporations .29Railroads And Commerce .31The Militia .33General Provisions .33Mode of Revision.38Schedule .40Ordinance .40Index To The Constitution Of The Commonwealth Of Kentucky .41iii
Legislative Research CommissionConstitution Of The Commonwealth Of KentuckyConstitutionConstitution Of The Commonwealth Of KentuckyPREAMBLESection 3. Men are equal – No exclusive grantexcept for public services – Property not to beexempted from taxation – Grants revocable. Allmen, when they form a social compact, are equal; andno grant of exclusive, separate public emoluments orprivileges shall be made to any man or set of men,except in consideration of public services; but noproperty shall be exempt from taxation except asprovided in this Constitution, and every grant of afranchise, privilege or exemption, shall remain subjectto revocation, alteration or amendment.We, the people of the Commonwealth ofKentucky, grateful to Almighty God for the civil,political and religious liberties we enjoy, and invokingthe continuance of these blessings, do ordain andestablish this Constitution.BILL OF RIGHTSThat the great and essential principles of libertyand free government may be recognized andestablished, we declare that:Text as ratified on: Aug. 3, 1891, and revised Sept. 28,1891.History: Not yet amended.Text as ratified on: Aug. 3, 1891, and revised Sept. 28,1891.History: Not yet amended.Section 4. Power inherent in the people – Rightto alter, reform, or abolish government. All poweris inherent in the people, and all free governments arefounded on their authority and instituted for theirpeace, safety, happiness and the protection ofproperty. For the advancement of these ends, theyhave at all times an inalienable and indefeasible rightto alter, reform or abolish their government in suchmanner as they may deem proper.Section 1. Rights of life, liberty, worship,pursuit of safety and happiness, free speech,acquiring and protecting property, peaceableassembly, redress of grievances, bearing arms. Allmen are, by nature, free and equal, and have certaininherent and inalienable rights, among which may bereckoned:First: The right of enjoying and defending theirlives and liberties.Second: The right of worshipping Almighty Godaccording to the dictates of their consciences.Third: The right of seeking and pursuing theirsafety and happiness.Fourth: The right of freely communicating theirthoughts and opinions.Fifth: The right of acquiring and protectingproperty.Sixth: The right of assembling together in apeaceable manner for their common good, and ofapplying to those invested with the power ofgovernment for redress of grievances or other properpurposes, by petition, address or remonstrance.Seventh: The right to bear arms in defense ofthemselves and of the State, subject to the power of theGeneral Assembly to enact laws to prevent personsfrom carrying concealed weapons.Text as ratified on: Aug. 3, 1891, and revised Sept. 28,1891.History: Not yet amended.Section 5. Right of religious freedom. Nopreference shall ever be given by law to any religioussect, society or denomination; nor to any particularcreed, mode of worship or system of ecclesiasticalpolity; nor shall any person be compelled to attend anyplace of worship, to contribute to the erection ormaintenance of any such place, or to the salary orsupport of any minister of religion; nor shall any manbe compelled to send his child to any school to whichhe may be conscientiously opposed; and the civilrights, privileges or capacities of no person shall betaken away, or in anywise diminished or enlarged, onaccount of his belief or disbelief of any religious tenet,dogma or teaching. No human authority shall, in anycase whatever, control or interfere with the rights ofconscience.Text as ratified on: Aug. 3, 1891, and revised Sept. 28,1891.History: Not yet amended.Text as ratified on: Aug. 3, 1891, and revised Sept. 28,1891.History: Not yet amended.Section 6. Elections to be free and equal. Allelections shall be free and equal.Section 2. Absolute and arbitrary powerdenied. Absolute and arbitrary power over the lives,liberty and property of freemen exists nowhere in arepublic, not even in the largest majority.Text as ratified on: Aug. 3, 1891, and revised Sept. 28,1891.History: Not yet amended.Text as ratified on: Aug. 3, 1891, and revised Sept. 28,1891.History: Not yet amended.1
ConstitutionLegislative Research CommissionConstitution Of The Commonwealth Of KentuckySection 7. Right of trial by jury. The ancientmode of trial by jury shall be held sacred, and the rightthereof remain inviolate, subject to such modificationsas may be authorized by this Constitution.have a speedy public trial by an impartial jury of thevicinage; but the General Assembly may provide by ageneral law for a change of venue in such prosecutionsfor both the defendant and the Commonwealth, thechange to be made to the most convenient county inwhich a fair trial can be obtained.Text as ratified on: Aug. 3, 1891, and revised Sept. 28,1891.History: Not yet amended.Text as ratified on: Aug. 3, 1891, and revised Sept. 28,1891.History: Not yet amended.Section 8. Freedom of speech and of the press.Printing presses shall be free to every person whoundertakes to examine the proceedings of the GeneralAssembly or any branch of government, and no lawshall ever be made to restrain the right thereof. Everyperson may freely and fully speak, write and print onany subject, being responsible for the abuse of thatliberty.Section 12. Indictable offense not to beprosecuted by information – Exceptions. No person,for an indictable offense, shall be proceeded againstcriminally by information, except in cases arising inthe land or naval forces, or in the militia, when inactual service, in time of war or public danger, or byleave of court for oppression or misdemeanor in office.Text as ratified on: Aug. 3, 1891, and revised Sept. 28,1891.History: Not yet amended.Text as ratified on: Aug. 3, 1891, and revised Sept. 28,1891.History: Not yet amended.Section 9. Truth may be given in evidence inprosecution for publishing matters proper forpublic information – Jury to try law and facts inlibel prosecutions. In prosecutions for the publicationof papers investigating the official conduct of officersor men in a public capacity, or where the matterpublished is proper for public information, the truththereof may be given in evidence; and in allindictments for libel the jury shall have the right todetermine the law and the facts, under the direction ofthe court, as in other cases.Section 13. Double jeopardy – Property not tobe taken for public use without compensation. Noperson shall, for the same offense, be twice put injeopardy of his life or limb, nor shall any man’sproperty be taken or applied to public use without theconsent of his representatives, and without justcompensation being previously made to him.Text as ratified on: Aug. 3, 1891, and revised Sept. 28,1891.History: Not yet amended.Text as ratified on: Aug. 3, 1891, and revised Sept. 28,1891.History: Not yet amended.Section 14. Right of judicial remedy for injury– Speedy trial. All courts shall be open, and everyperson for an injury done him in his lands, goods,person or reputation, shall have remedy by due courseof law, and right and justice administered without sale,denial or delay.Section 10. Security from search and seizure –Conditions of issuance of warrant. The people shallbe secure in their persons, houses, papers andpossessions, from unreasonable search and seizure;and no warrant shall issue to search any place, or seizeany person or thing, without describing them as nearlyas may be, nor without probable cause supported byoath or affirmation.Text as ratified on: Aug. 3, 1891, and revised Sept. 28,1891.History: Not yet amended.Section 15. Laws to be suspended only byGeneral Assembly. No power to suspend laws shallbe exercised unless by the General Assembly or itsauthority.Text as ratified on: Aug. 3, 1891, and revised Sept. 28,1891.History: Not yet amended.Text as ratified on: Aug. 3, 1891, and revised Sept. 28,1891.History: Not yet amended.Section 11. Rights of accused in criminalprosecution – Change of venue. In all criminalprosecutions the accused has the right to be heard byhimself and counsel; to demand the nature and causeof the accusation against him; to meet the witnessesface to face, and to have compulsory process forobtaining witnesses in his favor. He cannot becompelled to give evidence against himself, nor can hebe deprived of his life, liberty or property, unless bythe judgment of his peers or the law of the land; and inprosecutions by indictment or information, he shallSection 16. Right to bail – Habeas corpus. Allprisoners shall be bailable by sufficient securities,unless for capital offenses when the proof is evident orthe presumption great; and the privilege of the writ ofhabeas corpus shall not be suspended unless when, incase of rebellion or invasion, the public safety mayrequire it.Text as ratified on: Aug. 3, 1891, and revised Sept. 28,1891.History: Not yet amended.2
Legislative Research CommissionConstitution Of The Commonwealth Of KentuckyConstitutionnatural death; and if any person shall be killed bycasualty, there shall be no forfeiture by reason thereof.Section 17. Excessive bail or fine, or cruelpunishment, prohibited. Excessive bail shall not berequired, nor excessive fines imposed, nor cruelpunishment inflicted.Text as ratified on: Aug. 3, 1891, and revised Sept. 28,1891.History: Not yet amended.Text as ratified on: Aug. 3, 1891, and revised Sept. 28,1891.History: Not yet amended.Section 22. Standing armies restricted –Military subordinate to civil – Quartering soldiersrestricted. No standing army shall, in time of peace,be maintained without the consent of the GeneralAssembly; and the military shall, in all cases and at alltimes, be in strict subordination to the civil power; norshall any soldier, in time of peace, be quartered in anyhouse without the consent of the owner, nor in time ofwar, except in a manner prescribed by law.Section 18. Imprisonment for debt restricted.The person of a debtor, where there is not strongpresumption of fraud, shall not be continued in prisonafter delivering up his estate for the benefit of hiscreditors in such manner as shall be prescribed by law.Text as ratified on: Aug. 3, 1891, and revised Sept. 28,1891.History: Not yet amended.Text as ratified on: Aug. 3, 1891, and revised Sept. 28,1891.History: Not yet amended.Section 19. Ex post facto law or law impairingcontract forbidden – Rules of construction formineral deeds relating to coal extraction. (1) No expost facto law, nor any law impairing the obligation ofcontracts, shall be enacted.(2) In any instrument heretofore or hereafterexecuted purporting to sever the surface and mineralestates or to grant a mineral estate or to grant a right toextract minerals, which fails to state or describe inexpress and specific terms the method of coalextraction to be employed, or where said instrumentcontains language subordinating the surface estate tothe mineral estate, it shall be held, in the absence ofclear and convincing evidence to the contrary, that theintention of the parties to the instrument was that thecoal be extracted only by the method or methods ofcommercial coal extraction commonly known to be inuse in Kentucky in the area affected at the time theinstrument was executed, and that the mineral estatebe dominant to the surface estate for the purposes ofcoal extraction by only the method or methods ofcommercial coal extraction commonly known to be inuse in Kentucky in the area affected at the time theinstrument was executed.Section 23. No office of nobility or hereditarydistinction, or for longer than a term of years. TheGeneral Assembly shall not grant any title of nobilityor hereditary distinction, nor create any office theappointment of which shall be for a longer time than aterm of years.Text as ratified on: Aug. 3, 1891, and revised Sept. 28,1891.History: Not yet amended.Section 24. Emigration to be free. Emigrationfrom the State shall not be prohibited.Text as ratified on: Aug. 3, 1891, and revised Sept. 28,1891.History: Not yet amended.Section 25. Slavery and involuntary servitudeforbidden. Slavery and involuntary servitude in thisState are forbidden, except as a punishment for crime,whereof the party shall have been duly convicted.Text as ratified on: Aug. 3, 1891, and revised Sept. 28,1891.History: Not yet amended.Text as ratified on: Nov. 8, 1988.History: 1988 amendment was proposed by 1988 Ky.Acts ch. 117, sec. 1; original version ratified Aug. 3,1891, and revised Sept. 28, 1891.Section 26. General powers subordinate to Billof Rights – Laws contrary thereto are void. Toguard against transgression of the high powers whichwe have delegated, We Declare that every thing in thisBill of Rights is excepted out of the general powers ofgovernment, and shall forever remain inviolate; and alllaws contrary thereto, or contrary to this Constitution,shall be void.Section 20. Attainder, operation of restricted.No person shall be attainted of treason or felony by theGeneral Assembly, and no attainder shall workcorruption of blood, nor, except during the life of theoffender, forfeiture of estate to the Commonwealth.Text as ratified on: Aug. 3, 1891, and revised Sept. 28,1891.History: Not yet amended.Text as ratified on: Aug. 3, 1891, and revised Sept. 28,1891.History: Not yet amended.Section 26A. Rights of victims of crime. Tosecure for victims of criminal acts or public offensesjustice and due process and to ensure crime victims ameaningful role throughout the criminal and juvenileSection 21. Descent in case of suicide orcasualty. The estate of such persons as shall destroytheir own lives shall descend or vest as in cases of3
ConstitutionLegislative Research CommissionConstitution Of The Commonwealth Of Kentuckya county, city, municipal corporation, or any politicalsubdivision of the Commonwealth, or an officer oremployee of the court. Nothing in this section or anylaw enacted under this section shall be construed ascreating:(1) A basis for vacating a conviction; or(2) A ground for any relief requested by the defendant.justice systems, a victim, as defined by law whichtakes effect upon the enactment of this section andwhich may be expanded by the General Assembly,shall have the following rights, which shall berespected and protected by law in a manner no lessvigorous than the protections afforded to the accusedin the criminal and juvenile justice systems: victimsshall have the reasonable right, upon request, to timelynotice of all proceedings and to be heard in anyproceeding involving a release, plea, sentencing, or inthe consideration of any pardon, commutation ofsentence, granting of a reprieve, or other matterinvolving the right of a victim other than grand juryproceedings; the right to be present at the trial and allother proceedings, other than grand jury proceedings,on the same basis as the accused; the right toproceedings free from unreasonable delay; the right toconsult with the attorney for the Commonwealth or theattorney's designee; the right to reasonable protectionfrom the accused and those acting on behalf of theaccused throughout the criminal and juvenile justiceprocess; the right to timely notice, upon request, ofrelease or escape of the accused; the right to have thesafety of the victim and the victim’s family consideredin setting bail, determining whether to release thedefendant, and setting conditions of release after arrestand conviction; the right to full restitution to be paidby the convicted or adjudicated party in a manner tobe determined by the court, except that in the case of ajuvenile offender the court shall determine the amountand manner of paying the restitution taking intoconsideration the best interests of the juvenile offenderand the victim; the right to fairness and dueconsideration of the crime victim's safety, dignity, andprivacy; and the right to be informed of theseenumerated rights, and shall have standing to assertthese rights. The victim, the victim's attorney or otherlawful representative, or the attorney for theCommonwealth upon request of the victim may seekenforcement of the rights enumerated in this sectionand any other right afforded to the victim by law in anytrial or appellate court with jurisdiction over the case.The court shall act promptly on such a request andafford a remedy for the violation of any right. Nothingin this section shall afford the victim party status, or beconstrued as altering the presumption of innocence inthe criminal justice system. The accused shall not havestanding to assert the rights of a victim. Nothing in thissection shall be construed to alter the powers, duties,and responsibilities of the prosecuting attorney.Nothing in this section or any law enacted under thissection creates a cause of action for compensation,attorney'sfees, or damagesagainsttheCommonwealth, a county, city, municipal corporation,or other political subdivision of the Commonwealth,an officer, employee, or agent of the Commonwealth,Text as Ratified on: November 3, 2020.History: Creation proposed by 2020 Ky. Acts ch. 85,sec. 2.DISTRIBUTION OF THE POWERSOF GOVERNMENTSection 27. Powers of government dividedamong legislative, executive, and judicialdepartments. The powers of the government of theCommonwealth of Kentucky shall be divided intothree distinct departments, and each of them beconfined to a separate body of magistracy, to wit:Those which are legislative, to one; those which areexecutive, to another; and those which are judicial, toanother.Text as ratified on: Aug. 3, 1891, and revised Sept. 28,1891.History: Not yet amended.Section 28. One department not to exercisepower belonging to another. No person or collectionof persons, being of one of those departments, shallexercise any power properly belonging to either of theothers, except in the instances hereinafter expresslydirected or permitted.Text as ratified on: Aug. 3, 1891, and revised Sept. 28,1891.History: Not yet amended.THE LEGISLATIVE DEPARTMENTSection 29. Legislative power vested in GeneralAssembly. The legislative power shall be vested in aHouse of Representatives and a Senate, which,together, shall be styled the General Assembly of theCommonwealth of Kentucky.Text as ratified on: Aug. 3, 1891, and revised Sept. 28,1891.History: Not yet amended.Section 30. Term of office of Senators andRepresentatives. Members of the House ofRepresentatives and Senators shall be elected at thegeneral election in even-numbered years for terms offour years for Senators and two years for members ofthe House of Representatives. The term of office ofRepresentatives and Senators shall begin upon the firstday of January of the year succeeding their election.4
Legislative Research CommissionConstitution Of The Commonwealth Of KentuckyConstitutionText as ratified on: Nov. 6, 1979.History: 1979 amendment was proposed by 1978 Ky.Acts ch. 440, sec. 1; original version ratified Aug. 3,1891, and revised Sept. 28, 1891.Section 34. Officers of Houses of GeneralAssembly. The House of Representatives shall chooseits Speaker and other officers, and the Senate shallhave power to choose its officers biennially.Section 31. Time of election and term of officeof Senators and Representatives. At the generalelection to be held in November, 1984, and every twoyears thereafter, there shall be elected for four yearsone Senator in each Senatorial District in which theterm of his predecessor in office will then expire andin every Representative District one Representativefor two years.Text as ratified on: Aug. 3, 1891, and revised Sept. 28,1891.History: Not yet amended.Section 35. Number of Senators andRepresentatives. The number of Representativesshall be one hundred, and the number of Senatorsthirty-eight.Text as ratified on: Aug. 3, 1891, and revised Sept. 28,1891.History: Not yet amended.Text as ratified on: Nov. 6, 1979.History: 1979 amendment was proposed by 1978 Ky.Acts ch. 440, sec. 1; original version ratified Aug. 3,1891, and revised Sept. 28, 1891.Section 36. Time and place of meetings ofGeneral Assembly. (1) The General Assembly, inodd-numbered years, shall meet in regular session fora period not to exceed a total of thirty (30) legislativedays divided as follows: The General Assembly shallconvene for the first part of the session on the firstTuesday after the first Monday in January in oddnumbered years for the purposes of electing legislativeleaders, adopting rules of procedure, organizingcommittees, and introducing and consideringlegislation. The General Assembly shall then adjourn.The General Assembly shall convene for the secondpart of the session on the first Tuesday in February ofthat year. Any legislation introduced but not enactedin the first part of the session shall be carried over intothe second part of the session. In any part of the sessionin an odd-numbered year, no bill raising revenue orappropriating funds shall become a law unless it shallbe agreed to by three-fifths of all the members electedto each House.(2) The General Assembly shall then adjourn untilthe first Tuesday after the first Monday in January ofthe following even-numbered years, at which time theGeneral Assembly shall convene in regular session.(3) All sessions shall be held at the seat ofgovernment, except in case of war, insurrection orpestilence, when it may, by proclamation of theGovernor, assemble, for the time being, elsewhere.Section 32. Qualifications of Senators andRepresentatives. No person shall be a Representativewho, at the time of his election, is not a citizen ofKentucky, has not attained the age of twenty-fouryears, and who has not resided in this State two yearsnext preceding his election, and the last year thereof inthe county, town or city for which he may be chosen.No person shall be a Senator who, at the time of hiselection, is not a citizen of Kentucky, has not attainedthe age of thirty years, and has not resided in this Statesix years next preceding his election, and the last yearthereof in the district for which he may be chosen.Text as ratified on: Aug. 3, 1891, and revised Sept. 28,1891.History: Not yet amended.Section 33. Senatorial and Representativedistricts. The first General Assembly after theadoption of this Constitution shall divide the State intothirty-eight Senatorial Districts, and one hundredRepresentative Districts, as nearly equal in populationas may be without dividing any county, except wherea county may include more than one district, whichdistricts shall constitute the Senatorial andRepresentative Districts for ten years. Not more thantwo counties shall be joined together to form aRepresentative District: Provided, In doing so theprinciple requiring every district to be as nearly equalin population as may be shall not be violated. At theexpiration of that time, the General Assembly shallthen, and every ten years thereafter, redistrict the Stateaccording to this rule, and for the purposes expressedin this section. If, in making said districts, inequalityof population should be unavoidable, any advantageresulting therefrom shall be given to districts havingthe largest territory. No part of a county shall be addedto another county to make a district, and the countiesforming a district shall be contiguous.Text as ratified on: Nov. 7, 2000.History: 2000 amendment was proposed by 2000 Ky.Acts ch. 407, sec. 1; 1979 amendment was proposed by1978 Ky. Acts ch. 440, sec. 2, and ratified Nov. 7, 2000;original version ratified Aug. 3, 1891, and revised Sept.28, 1891.Section 37. Majority constitutes quorum –Powers of less than a quorum. Not less than amajority of the members of each House of the GeneralAssembly shall constitute a quorum to do business, buta smaller number may adjourn from day to day, andshall be authorized by law to compel the attendance ofText as ratified on: Aug. 3, 1891, and revised Sept. 28,1891.History: Not yet amended.5
ConstitutionLegislative Research CommissionConstitution Of The Commonwealth Of Kentuckyabsent members in such manner and under suchpenalties as may be prescribed by law.Section 42. Compensation of members –Length of sessions – Legislative day. The membersof the General Assembly shall severally receive fromthe State Treasury compensation for their services:Provided, No change shall take effect during thesession at which it is made; nor shall a sessionoccurring in odd-numbered years extend beyondMarch 30; nor shall a session of the General Assemblyoccurring in even-numbered years continue beyondsixty legislative days, nor shall it extend beyond April15; these limitations as to length of sessions shall notapply to the Senate when sitting as a court ofimpeachment. A legislative day shall be construed tomean a calendar day, exclusive of Sundays, legalholidays, or any day on which neither House meets.Text as ratified on: Aug. 3, 1891, and revised Sept. 28,1891.History: Not yet amended.Section 38. Each House to judge qualifications,elections, and returns of its members – Contests.Each House of the General Assembly shall judge ofthe qualifications, elections and returns of itsmembers, but a contested elect
Constitution Legislative Research Commission Constitution Of The Commonwealth Of Kentucky 2 Section 7. Right of trial by jury. The ancient mode of trial by jury shall be held sacred, and the right thereof remain inviolate, subject to such modifications as may be authorized by this Constitution.
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