Series Foreword |
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xix | |
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Preface |
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xxiii | |
PART I. THE CONSTITUTIONAL HISTORY OF COLORADO |
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1 | (26) |
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Prelude to the 1875-1876 Constitutional Convention |
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2 | (4) |
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The 1875-1876 Constitutional Convention |
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6 | (3) |
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The Constitution in Place: Significant Amendments |
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9 | (1) |
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10 | (17) |
PART II: THE COLORADO CONSTITUTION AND COMMENTARY |
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27 | (411) |
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28 | (1) |
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29 | (2) |
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31 | (61) |
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31 | (1) |
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Vestment of Political Power |
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32 | (1) |
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People May Alter or Abolish Form of Government-Proviso |
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32 | (1) |
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32 | (1) |
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33 | (2) |
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35 | (1) |
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35 | (2) |
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Security of Person and Property-Searches-Seizures-Warrants |
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37 | (1) |
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Prosecutions-Indictment or Information |
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38 | (1) |
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Treason-Estates of Suicides |
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39 | (1) |
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Freedom of Speech and Press |
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40 | (2) |
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42 | (4) |
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46 | (1) |
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46 | (1) |
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Taking Private Property for Private Use |
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47 | (1) |
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Taking Property for Public Use-Compensation, How Ascertained |
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47 | (3) |
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Criminal Prosecutions-Rights of Defendant |
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50 | (1) |
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51 | (1) |
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Imprisonment of Witnesses-Depositions-Form |
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52 | (1) |
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Crimes-Evidence against One's Self-Jeopardy |
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52 | (2) |
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54 | (1) |
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Excessive Bail, Fines or Punishment |
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55 | (2) |
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Suspension of Habeas Corpus |
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57 | (1) |
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Military Subject to Civil Power-Quartering of Troops |
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57 | (1) |
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58 | (1) |
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Right to Assemble and Petition |
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59 | (1) |
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59 | (3) |
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62 | (1) |
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Property Rights of Aliens |
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62 | (1) |
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Rights Reserved Not Disparaged |
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63 | (1) |
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63 | (1) |
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Right to Vote or Petition on Annexation-Enclaves |
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64 | (1) |
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64 | (1) |
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No Protected Status Based on Homosexual, Lesbian or Bisexual Orientation |
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65 | (27) |
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92 | (6) |
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98 | (15) |
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98 | (1) |
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Governor Supreme Executive |
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98 | (1) |
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State Officers-Election-Returns |
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99 | (1) |
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Qualifications of State Officers |
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99 | (1) |
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Governor Commander-in-Chief of Militia |
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100 | (1) |
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Appointment of Officers-Vacancy |
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100 | (1) |
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Governor May Grant Reprieves and Pardons |
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101 | (1) |
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Governor May Require Information from Officers-Message |
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102 | (1) |
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Governor May Convene Legislature or Senate |
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103 | (1) |
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Governor May Adjourn Legislature |
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103 | (1) |
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Bills Presented to Governor-Veto-Return |
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104 | (1) |
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Governor May Veto Items in Appropriation Bills-Reconsideration |
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104 | (1) |
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Succession to the Office of Governor and Lieutenant Governor |
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105 | (2) |
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Lieutenant Governor President of Senate [repealed] |
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107 | (1) |
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No Lieutenant Governor-Who to Act as Governor [repealed] |
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107 | (1) |
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Account and Report of Moneys |
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107 | (1) |
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Executive Officers to Make Report [repealed] |
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108 | (1) |
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108 | (1) |
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Salaries of Officers-Fees Paid into Treasury |
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108 | (1) |
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108 | (1) |
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Elected Auditor of State-Powers and Duties [repealed] |
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109 | (1) |
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109 | (1) |
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Commissioner of Insurance |
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109 | (4) |
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113 | (50) |
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General Assembly-Initiative and Referendum |
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113 | (7) |
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Election of Members-Oath-Vacancies |
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120 | (1) |
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Terms of Senators and Representatives |
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121 | (1) |
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Qualifications of Members |
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122 | (1) |
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Classification of Senators |
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122 | (1) |
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Salary and Expenses of Members |
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122 | (1) |
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General Assembly-Shall Meet When-Term of Members-Committees |
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123 | (1) |
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Members Precluded from Holding Office |
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123 | (1) |
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Increase of Salary-When Forbidden [repealed] |
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124 | (1) |
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Each House to Choose Its Officers |
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124 | (1) |
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124 | (1) |
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Each House Makes and Enforces Rules |
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125 | (1) |
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Journal-Ayes and Noes to Be Entered-When |
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125 | (1) |
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125 | (1) |
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Adjournment for More than Three Days |
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125 | (1) |
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126 | (1) |
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No Law Passed but by Bill-Amendments |
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126 | (1) |
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126 | (1) |
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When Laws Take Effect-Introduction of Bills |
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127 | (1) |
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Bills Referred to Committee-Printed |
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127 | (1) |
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Bill to Contain but One Subject-Expressed in Title |
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128 | (1) |
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Reading and Passage of Bills |
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129 | (1) |
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Caucus Positions Prohibited-Penalties |
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130 | (1) |
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Effect of Sections 20 and 22a |
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130 | (1) |
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Vote on Amendments and Report of Committee |
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130 | (1) |
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Revival, Amendment or Extension of Laws |
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131 | (1) |
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Special Legislation Prohibited |
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131 | (2) |
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133 | (1) |
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134 | (1) |
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Officers and Employees-Compensation |
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135 | (1) |
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Extra Compensation to Officers, Employees, or Contractors Forbidden |
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135 | (1) |
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Contracts for Facilities and Supplies |
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135 | (1) |
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Salary of Governor and Judges to Be Fixed by Legislature-Term Not to Be Extended or Salaries Increased or Decreased [repealed] |
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136 | (1) |
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136 | (1) |
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136 | (1) |
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Disbursement of Public Money |
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137 | (1) |
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Appropriations to Private Institutions Forbidden |
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138 | (1) |
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139 | (1) |
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Laws on Investment of Trust Funds |
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140 | (1) |
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Change of Venue [repealed] |
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140 | (1) |
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No Liability Exchanged or Released |
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140 | (1) |
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Orders and Resolutions Presented to Governor |
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140 | (1) |
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Bribery and Influence in General Assembly |
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141 | (1) |
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Offering, Giving, Promising Money or Other Consideration [repealed] |
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142 | (1) |
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Corrupt Solicitation of Members and Officers [repealed] |
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142 | (1) |
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Member Interested Shall Not Vote |
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142 | (1) |
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Representatives in Congress |
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142 | (1) |
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143 | (1) |
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Senatorial and Representative Districts |
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143 | (1) |
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143 | (2) |
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Revision and Alteration of Districts-Reapportionment Commission |
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145 | (2) |
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Appointment of State Auditor-Term-Qualifications-Duties |
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147 | (1) |
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Public Funding of Abortion Forbidden |
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148 | (15) |
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163 | (30) |
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Vestment of Judicial Power |
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163 | (1) |
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164 | (1) |
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Original Jurisdiction-Opinions |
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165 | (2) |
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167 | (1) |
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Personnel of Court-Departments-Chief Justice |
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167 | (2) |
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Election of Judges [repealed] |
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169 | (1) |
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169 | (1) |
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Qualifications of Justices |
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169 | (1) |
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District Courts-Jurisdiction |
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169 | (2) |
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Judicial Districts-District Judges |
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171 | (1) |
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Qualifications of District Judges |
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172 | (1) |
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172 | (1) |
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District Attorneys-Election-Term-Salary-Qualifications |
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173 | (1) |
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Probate Court-Jurisdiction-Judges-Election-Term-Qualifications |
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173 | (1) |
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Juvenile Court-Jurisdiction-Judges-Election-Term-Qualifications |
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173 | (1) |
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County Judges-Terms-Qualifications |
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174 | (1) |
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County Courts-Jurisdiction-Appeals |
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174 | (1) |
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Compensation and Services |
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175 | (1) |
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Laws Relating to Courts-Uniform |
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176 | (1) |
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177 | (1) |
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178 | (1) |
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process-Prosecution-In Name of People |
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179 | (1) |
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Retirement and Removal of Justices and Judges |
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179 | (3) |
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Judicial Nominating Commissions |
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182 | (2) |
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Election of Justices and Judges |
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184 | (1) |
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185 | (8) |
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193 | (9) |
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Qualifications of Elector |
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193 | (1) |
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Qualifications of Elector-Residence on Federal Land |
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193 | (1) |
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Suffrage to Women [repealed] |
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194 | (1) |
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Educational Qualifications of Elector [repealed] |
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194 | (1) |
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When Residence Does Not Change |
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194 | (1) |
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195 | (1) |
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Electors Only Eligible to Office |
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195 | (1) |
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196 | (1) |
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Elections by Ballot or Voting Machine |
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196 | (1) |
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No Privilege to Witness in Election Trial |
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197 | (1) |
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Disfranchisement during Imprisonment |
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197 | (1) |
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198 | (1) |
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Election Contests-By Whom Tried |
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198 | (4) |
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202 | (4) |
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Established and Supported by State |
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202 | (1) |
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Seat of Government-Where Located |
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202 | (1) |
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Seat of Government-How Changed |
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202 | (1) |
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Appropriation for Capitol Building [repealed] |
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203 | (1) |
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203 | (3) |
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206 | (22) |
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Supervision of Schools-Board of Education |
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206 | (2) |
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Establishment and Maintenance of Public Schools |
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208 | (1) |
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209 | (1) |
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County Treasurer to Collect and Disburse |
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209 | (1) |
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Of What School Fund Consists |
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209 | (1) |
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County Superintendent of Schools |
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210 | (1) |
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Aid to Private Schools, Churches, Sectarian Purpose, Forbidden |
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211 | (1) |
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Religious Test and Race Discrimination Forbidden-Sectarian Tenets |
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212 | (1) |
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State Board of Land Commissioners |
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213 | (2) |
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Selection and Control of Public Lands |
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215 | (3) |
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218 | (1) |
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218 | (1) |
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218 | (1) |
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Control of University [repealed] |
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219 | (1) |
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School Districts-Board of Education |
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219 | (1) |
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Textbooks in Public Schools |
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219 | (1) |
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220 | (8) |
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228 | (36) |
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228 | (1) |
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229 | (1) |
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Tax Provided for State Expenses |
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229 | (1) |
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Uniform Taxation-Exemptions |
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229 | (7) |
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Homestead Exemption for Qualifying Senior Citizens |
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236 | (1) |
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237 | (1) |
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Property Used for Religious Worship, Schools and Charitable Purposes Exempt |
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238 | (2) |
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Self Propelled Equipment, Motor Vehicles, and Certain Other Movable Equipment |
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240 | (1) |
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Municipal Taxation by General Assembly Prohibited |
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241 | (1) |
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No County, City, Town to Be Released |
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241 | (1) |
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Relinquishment of Power to Tax Corporations Forbidden |
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241 | (1) |
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Corporations Subject to Tax |
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242 | (1) |
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242 | (1) |
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Public Funds-Report of State Treasurer |
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243 | (1) |
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Making Profit on Public Money-Felony |
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244 | (1) |
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Private Property Not Taken for Public Debt |
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244 | (1) |
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Boards of Equalization-Duties-Property Tax Administrator |
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245 | (2) |
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Appropriations Not to Exceed Tax-Exceptions |
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247 | (1) |
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248 | (1) |
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License Fees and Excise Taxes-Use of |
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249 | (1) |
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State Income Tax Laws by Reference to United States Tax Laws |
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249 | (1) |
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The Taxpayer s Bill of Rights |
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250 | (14) |
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264 | (16) |
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Pledging Credit of State, County, City, Town or School District Forbidden |
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264 | (1) |
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No Aid to Corporations-No Joint Ownership by State, County, City, Town or School District |
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264 | (1) |
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265 | (3) |
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Public Debt of State-Limitations |
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268 | (1) |
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268 | (1) |
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Debt for Public Buildings-How Created |
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268 | (5) |
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273 | (1) |
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State and Political Subdivisions May Give Assistance to Any Political Subdivision |
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273 | (1) |
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City Indebtedness; Ordinance, Tax, Water Obligations Excepted [repealed] |
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274 | (1) |
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This Article Not to Affect Prior Obligations [repealed] |
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274 | (1) |
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1976 Winter Olympics [repealed] |
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275 | (5) |
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280 | (14) |
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When Office Expires-Suspension by Law |
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280 | (1) |
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Personal Attention Required |
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281 | (1) |
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Defaulting Collector Disqualified from Office |
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281 | (1) |
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Disqualifications from Holding Office of Trust or Profit |
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281 | (1) |
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Investigation of State and County Treasurers |
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281 | (1) |
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Bribery of Officers Defined |
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282 | (1) |
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Bribery-Corrupt Solicitation |
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282 | (2) |
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284 | (1) |
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284 | (1) |
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Refusal to Qualify-Vacancy |
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284 | (1) |
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Elected Public Officers-Term-Salary-Vacancy |
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285 | (1) |
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Duel-Disqualifies for Office [repealed] |
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285 | (1) |
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Personnel System of State-Merit System |
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285 | (2) |
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State Personnel Board-State Personnel Director |
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287 | (1) |
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288 | (6) |
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294 | (3) |
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House Impeach-Senate Try-Conviction-When Chief Justice Presides |
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294 | (1) |
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Who Liable to Impeachment-Judgment-No Bar to Prosecution |
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294 | (1) |
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Officers Not Subject to Impeachment Subject to Removal |
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295 | (2) |
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297 | (16) |
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297 | (1) |
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297 | (1) |
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Striking Off Territory-Vote |
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298 | (1) |
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New County Shall Pay Proportion of Debt |
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299 | (1) |
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Part Stricken Off-Pay Proportion of Debt |
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299 | (1) |
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County Commissioners-Election-Term |
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299 | (1) |
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Officers Compensation [repealed] |
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300 | (1) |
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County Officers-Election-Term-Salary |
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300 | (1) |
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301 | (1) |
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301 | (1) |
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Elector Only Eligible to County Office |
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302 | (1) |
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Justices of the Peace-Constables [repealed] |
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302 | (1) |
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302 | (1) |
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Classification of Cities and Towns |
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302 | (1) |
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Existing Cities and Towns May Come under General Law |
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303 | (1) |
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Compensation and Fees of County Officers |
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303 | (1) |
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304 | (1) |
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305 | (2) |
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Intergovernmental Relationships |
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307 | (6) |
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313 | (23) |
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313 | (3) |
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Unused Charters or Grants of Privilege [repealed] |
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316 | (1) |
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Corporate Charters Created by General Law |
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316 | (1) |
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Power to Revoke, Alter or Annul Charter |
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317 | (2) |
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Railroads-Common Carriers-Construction-Intersection |
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319 | (1) |
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Consolidation of Parallel Lines Forbidden |
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320 | (1) |
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Equal Rights of Public to Transportation |
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321 | (1) |
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Existing Railroads to File Acceptance of Constitution [repealed] |
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322 | (1) |
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Eminent Domain-Police Power-Not to Be Abridged |
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322 | (1) |
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Fictitious Stock, Bonds-Increase of Stock |
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323 | (3) |
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Foreign Corporations-Place-Agent |
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326 | (1) |
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Street Railroads-Consent of Municipality |
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327 | (1) |
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Retrospective Law Not to Be Passed |
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328 | (1) |
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Telegraph Lines-Consolidation |
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328 | (1) |
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Railroad or Telegraph Companies-Consolidating with Foreign Companies |
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329 | (1) |
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Contracts with Employees Releasing from Liability-Void |
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330 | (6) |
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336 | (11) |
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337 | (1) |
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Ventilation-Employment of Children |
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337 | (1) |
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338 | (1) |
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Mining, Metallurgy, in Public Institutions |
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338 | (1) |
|
Water of Streams Public Property |
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338 | (1) |
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Diverting Unappropriated Water-Priority Preferred Uses |
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338 | (4) |
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Right-of-Way for Ditches, Flumes |
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342 | (1) |
|
County Commissioners to Fix Rates for Water, When |
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343 | (4) |
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347 | (3) |
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Persons Subject to Service |
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347 | (1) |
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Organization-Equipment-Discipline |
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348 | (1) |
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348 | (1) |
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348 | (1) |
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Exemption in Time of Peace |
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348 | (2) |
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350 | (28) |
|
Homestead and Exemption Laws |
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350 | (1) |
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Lotteries Prohibited-Exceptions |
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350 | (3) |
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353 | (1) |
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353 | (1) |
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Spurious and Drugged Liquors-Laws Concerning |
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354 | (1) |
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354 | (1) |
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Land Value Increase-Arboreal Planting Exempt |
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355 | (1) |
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355 | (1) |
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|
355 | (4) |
|
U.S. Senators and Representatives-Limitations on Terms |
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359 | (1) |
|
Severability of Constitutional Provisions |
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|
360 | (1) |
|
Elected Government Officials-Limitation on Terms |
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361 | (1) |
|
Congressional Term Limits Amendment |
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|
361 | (2) |
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Congressional Term Limits Declaration |
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363 | (3) |
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Prohibited Methods of Taking Wildlife |
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366 | (1) |
|
Medical Use of Marijuana for Persons Suffering from Debilitating Medical Conditions |
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367 | (11) |
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|
378 | (4) |
|
Constitutional Convention-How Called |
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|
378 | (1) |
|
Amendments to Constitution-How Adopted |
|
|
379 | (3) |
|
Home Rule Cities and Towns |
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|
382 | (19) |
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|
382 | (2) |
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|
384 | (1) |
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|
384 | (1) |
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|
385 | (1) |
|
New Charters, Amendments or Measures |
|
|
385 | (2) |
|
Home Rule for Cities and Towns |
|
|
387 | (1) |
|
City and County of Denver Single School District-Consolidations |
|
|
388 | (1) |
|
Conflicting Constitutional Provisions Declared Inapplicable |
|
|
389 | (1) |
|
Procedure and Requirements for Adoption |
|
|
389 | (6) |
|
City and County of Broomfield-Created |
|
|
395 | (2) |
|
Officers-City and County of Broomfield |
|
|
397 | (1) |
|
|
397 | (1) |
|
Sections Self Executing-Appropriations |
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|
398 | (3) |
|
|
401 | (10) |
|
State Officers May Be Recalled |
|
|
401 | (1) |
|
|
402 | (1) |
|
Resignation-Filling Vacancy |
|
|
403 | (1) |
|
Limitation-Municipal Corporations May Adopt, When |
|
|
404 | (7) |
|
|
411 | (2) |
|
Repeal of Intoxicating Liquor Laws |
|
|
411 | (2) |
|
Publication of Legal Advertising |
|
|
413 | (2) |
|
Publication of Proposed Constitutional Amendments and Initiated and Referred Bills [repealed] |
|
|
413 | (2) |
|
|
415 | (7) |
|
|
415 | (1) |
|
|
415 | (1) |
|
Persons Entitled to Receive Pensions |
|
|
416 | (1) |
|
The State Board of Public Welfare to Administer Fund |
|
|
417 | (1) |
|
Revenues for Old Age Pension Fund Continued |
|
|
418 | (1) |
|
|
418 | (1) |
|
Stabilization Fund and Health and Medical Care Fund |
|
|
419 | (1) |
|
|
419 | (1) |
|
|
419 | (3) |
|
|
422 | (2) |
|
|
424 | (4) |
|
Nuclear Detonations Prohibited-Exceptions |
|
|
424 | (1) |
|
|
424 | (1) |
|
Certification of Indemnification Required |
|
|
424 | (1) |
|
|
425 | (1) |
|
|
425 | (3) |
|
|
428 | (10) |
|
Great Outdoors Colorado Program |
|
|
428 | (1) |
|
|
429 | (1) |
|
Moneys Allocated to Trust Fund |
|
|
429 | (3) |
|
|
432 | (1) |
|
|
432 | (1) |
|
The State Board of the Great Outdoors Colorado Trust Fund |
|
|
433 | (2) |
|
No Effect on Colorado Water Laws |
|
|
435 | (1) |
|
|
436 | (1) |
|
|
436 | (1) |
|
|
436 | (1) |
|
|
436 | (2) |
Schedule |
|
438 | (7) |
|
All Laws Remain Till Repealed |
|
|
438 | (1) |
|
Contracts-Recognizances-Indictments |
|
|
438 | (1) |
|
Territorial Property Vests in State |
|
|
439 | (1) |
|
|
439 | (1) |
|
Supreme and District Courts-Transition |
|
|
439 | (1) |
|
Judges-District Attorneys-Term Commence on Filing Oath |
|
|
440 | (1) |
|
Seals of Supreme and District Courts |
|
|
440 | (1) |
|
Probate Court-County Court |
|
|
440 | (1) |
|
Terms Probate Court, Probate Judge, Apply to County Court, County Judge |
|
|
440 | (1) |
|
County and Precinct Officers |
|
|
440 | (1) |
|
Vacancies in County Offices |
|
|
441 | (1) |
|
Constitution Takes Effect on President's Proclamation |
|
|
441 | (1) |
|
|
441 | (1) |
|
|
441 | (1) |
|
Senators-Representatives-Districts |
|
|
442 | (1) |
|
Congressional Election-Canvass |
|
|
442 | (1) |
|
General Assembly, First Session-Restrictions Removed |
|
|
442 | (1) |
|
First General Election-Canvass |
|
|
442 | (1) |
|
Presidential Electors 1876 |
|
|
443 | (1) |
|
Presidential Electors after 1876 |
|
|
443 | (1) |
|
|
443 | (1) |
|
Recognizances, Bonds, Payable to People Continue |
|
|
443 | (2) |
Bibliographical Essay |
|
445 | (4) |
Table of Cases |
|
449 | (30) |
Index |
|
479 | |