Idaho
State Constitution
Constitution Text
Preamble
We, the people of the State of Idaho, grateful to Almighty God for our freedom, to secure its blessings and promote our common welfare do establish this Constitution.
Article I: DECLARATION OF RIGHTS
Section 13: GUARANTIES IN CRIMINAL ACTIONS AND DUE PROCESS OF LAW. In all criminal prosecutions, the party accused shall have the right to a speedy and public trial; to have the process of the court to compel the attendance of witnesses in his behalf, and to appear and defend in person and with counsel.
No person shall be twice put in jeopardy for the same offense; nor be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty or property without due process of law.
Section 14: RIGHT OF EMINENT DOMAIN. The necessary use of lands for the construction of reservoirs or storage basins, for the purpose of irrigation, or for rights of way for the construction of canals, ditches, flumes or pipes, to convey water to the place of use for any useful, beneficial or necessary purpose, or for drainage; or for the drainage of mines, or the working thereof, by means of roads, railroads, tramways, cuts, tunnels, shafts, hoisting works, dumps, or other necessary means to their complete development, or any other use necessary to the complete development of the material resources of the state, or the preservation of the health of its inhabitants, is hereby declared to be a public use, and subject to the regulation and control of the state.
Private property may be taken for public use, but not until a just compensation, to be ascertained in the manner prescribed by law, shall be paid therefor.
Section 21: RESERVED RIGHTS NOT IMPAIRED. This enumeration of rights shall not be construed to impair or deny other rights retained by the people.
SECTION 22. RIGHTS OF CRIME VICTIMS. A crime victim, as defined by statute, has the following rights: (1) To be treated with fairness, respect, dignity and privacy throughout the criminal justice process. (2) To timely disposition of the case. (3) To prior notification of trial court, appellate and parole proceedings and, upon request, to information about the sentence, incarceration and release of the defendant. (4) To be present at all criminal justice proceedings. (5) To communicate with the prosecution. (6) To be heard, upon request, at all criminal justice proceedings considering a plea of guilty, sentencing, incarceration or release of the defendant, unless manifest injustice would result. (7) To restitution, as provided by law, from the person committing the offense that caused the victim's loss. (8) To refuse an interview, ex parte contact, or other request by the defendant, or any other person acting on behalf of the defendant, unless such request is authorized by law. (9) To read presentence reports relating to the crime. (10) To the same rights in juvenile proceedings, where the offense is a felony if committed by an adult, as guaranteed in this section, provided that access to the social history report shall be determined by statute. Nothing in this section shall be construed to authorize a court to dismiss a case, to set aside or void a finding of guilt or an acceptance of a plea of guilty, or to obtain appellate, habeas corpus, or other relief from any criminal judgment, for a violation of the provisions of this section; nor be construed as creating a cause of action for money damages, costs or attorney fees against the state, a county, a municipality, any agency, instrumentality or person; nor be construed as limiting any rights for victims previously conferred by statute. This section shall be self-enacting. The legislature shall have the power to enact laws to define, implement, preserve, and expand the rights guaranteed to victims in the provisions of this section.
Article III: LEGISLATIVE DEPARTMENT
Section 1: LEGISLATIVE POWER — ENACTING CLAUSE — REFERENDUM — INITIATIVE. The legislative power of the state shall be vested in a senate and house of representatives. The enacting clause of every bill shall be as follows: “Be it enacted by the Legislature of the State of Idaho.”
The people reserve to themselves the power to approve or reject at the polls any act or measure passed by the legislature. This power is known as the referendum, and legal voters may, under such conditions and in such manner as may be provided by acts of the legislature, demand a referendum vote on any act or measure passed by the legislature and cause the same to be submitted to a vote of the people for their approval or rejection. The people reserve to themselves the power to propose laws, and enact the same at the polls independent of the legislature. This power is known as the initiative, and legal voters may, under such conditions and in such manner as may be provided by acts of the legislature, initiate any desired legislation and cause the same to be submitted to the vote of the people at a general election for their approval or rejection.
Section 2: MEMBERSHIP OF HOUSE AND SENATE. (1) Following the decennial census of 1990 and in each legislature thereafter, the senate shall consist of not less than thirty nor more than thirty-five members. The legislature may fix the number of members of the house of representatives at not more than two times as many representatives as there are senators. The senators and representatives shall be chosen by the electors of the respective counties or districts into which the state may, from time to time, be divided by law.
(2) Whenever there is reason to reapportion the legislature or to provide for new congressional district boundaries in the state, or both, because of a new federal census or because of a decision of a court of competent jurisdiction, a commission for reapportionment shall be formed on order of the secretary of state. The commission shall be composed of six members. The leaders of the two largest political parties of each house of the legislature shall each designate one member and the state chairmen of the two largest political parties, determined by the vote cast for governor in the last gubernatorial election, shall each designate one member. In the event any appointing authority does not select the members within fifteen calendar days following the secretary of state’s order to form the commission, such members shall be appointed by the Supreme Court. No member of the commission may be an elected or appointed official in the state of Idaho at the time of designation or selection. (3) The legislature shall enact laws providing for the implementation of the provisions of this section, including terms of commission members, the method of filling vacancies on the commission, additional qualifications for commissioners and additional standards to govern the commission. The legislature shall appropriate funds to enable the commission to carry out its duties. (4) Within ninety days after the commission has been organized or the necessary census data are available, whichever is later, the commission shall file a proposed plan for apportioning the senate and house of representatives of the legislature with the office of the secretary of state. At the same time, and with the same effect, the commission shall prepare and file a plan for congressional districts. Any final action of the commission on a proposed plan shall be approved by a vote of two-thirds of the members of the commission. All deliberations of the commission shall be open to the public. (5) The legislative districts created by the commission shall be in effect for all elections held after the plan is filed and until a new plan is required and filed, unless amended by court order. The Supreme Court shall have original jurisdiction over actions involving challenges to legislative apportionment. (6) A member of the commission shall be precluded from serving in either house of the legislature for five years following such member’s service on the commission.
Section 20: GAMBLING PROHIBITED. (1) Gambling is contrary to public policy and is strictly prohibited except for the following:
A state lottery which is authorized by the state if conducted in conformity with enabling legislation; and Pari-mutuel betting if conducted in conformity with enabling legislation; and Bingo and raffle games that are operated by qualified charitable organizations in the pursuit of charitable purposes if conducted in conformity with enabling legislation. (2) No activities permitted by subsection (1) shall employ any form of casino gambling including, but not limited to, blackjack, craps, roulette, poker, bacarrat, keno and slot machines, or employ any electronic or electromechanical imitation or simulation of any form of casino gambling. (3) The legislature shall provide by law penalties for violation of this section. (4) Nowithstanding the foregoing, the following are not gambling and are not prohibited by this section: Merchant promotional contests and drawings conducted incidentally to bona fide nongaming business operations, if prizes are awarded without consideration being charged to participants; and Games that award only additional play.
Section 23: COMPENSATION OF MEMBERS. The legislature shall have no authority to establish the rate of its compensation and expense by law. There is hereby authorized the creation of the citizens committee on legislative compensation, which shall consist of six members, three to be appointed by the governor and three to be appointed by the supreme court, whose terms of office and qualifications shall be as provided by law. Members of the committee shall be citizens of the state of Idaho other than public officials holding an office to which compensation is attached. The committee shall, on or before the last day of November of each even-numbered year, establish the rate of compensation and expenses for services to be rendered by members of the legislature during the two-year period commencing on the first day of December of such year. The compensation and expenses so established shall, on or before such date, be filed with the secretary of state and the state controller. The rates thus established shall be the rates applicable for the two-year period specified unless prior to the twenty-fifth legislative day of the next regular session, by concurrent resolution, the senate and house of representatives shall reject or reduce such rates of compensation and expenses. In the event of rejection, the rates prevailing at the time of the previous session, shall remain in effect.
The officers of the legislature, including committee chairmen, may, by virtue of the office, receive additional compensation as may be provided by the committee. No change in the rate of compensation shall be made which applies to the legislature then in office except as provided herein. When convened in extra session by the governor, no such session shall continue for a period longer than twenty days.
Article IV: EXECUTIVE DEPARTMENT
Section 7: THE PARDONING POWER. Such board as may hereafter be created or provided by legislative enactment shall constitute a board to be known as the board of pardons. Said board, or a majority thereof, shall have power to remit fines and forfeitures, and, only as provided by statute, to grant commutations and pardons after conviction of a judgment, either absolutely or upon such conditions as they may impose in all cases of offenses against the state except treason or conviction on impeachment. The legislature shall by law prescribe the sessions of said board and the manner in which application shall be made, and regulated proceedings thereon, but no fine or forfeiture shall be remitted, and no commutation or pardon granted, except by the decision of a majority of said board, after a full hearing in open session, and until previous notice of the time and place of such hearing and the release applied for shall have been given by publication in some newspaper of general circulation at least once a week for four weeks. The proceedings and decision of the board shall be reduced to writing and with their reasons for their action in each case, and the dissent of any member who may disagree, signed by him, 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 reprievies [reprieves] shall not extend beyond the next session of the board of pardons; and such board shall at such session continue or determine such respite or reprieve, or they may commute or pardon the offense, as herein provided. In cases of conviction for treason the governor shall have the power to suspend the 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, direct its execution, or grant a further reprieve.
Section 13: LIEUTENANT GOVERNOR IS PRESIDENT OF SENATE. The lieutenant governor shall be president of the senate, but shall vote only when the senate is equally divided. In case of the absence or disqualification of the lieutenant governor from any cause which applies to the governor, or when he shall hold the office of governor, then the president pro tempore of the senate shall perform the duties of the lieutenant governor until the vacancy is filled or the disability removed.
SECTION 14. PRESIDENT PRO TEMPORE TO ACT AS GOVERNOR. In case of the failure to qualify in his office, death, resignation, absence from the state, impeachment, conviction of treason, felony or other infamous crime, or disqualification from any cause, of both governor and lieutenant governor, the duties of the governor shall devolve upon the president of the senate pro tempore, until such disqualification of either the governor or lieutenant governor be removed, or the vacancy filled; and if the president of the senate, for any of the above named causes, shall become incapable of performing the duties of governor, the same shall devolve upon the speaker of the house.
Article V: JUDICIAL DEPARTMENT
Section 1: FORMS OF ACTION ABOLISHED. The distinctions between actions at law and suits in equity, and the forms of all such actions and suits, are hereby prohibited; and there shall be in this state but one form of action for the enforcement or protection of private rights or the redress of private wrongs, which shall be denominated a civil action; and every action prosecuted by the people of the state as a party, against a person charged with a public offense, for the punishment of the same, shall be termed a criminal action.
Feigned issues are prohibited, and the fact at issue shall be tried by order of court before a jury.
Section 6: SUPREME COURT — NUMBER OF JUSTICES — TERM OF OFFICE — CALLING OF DISTRICT JUDGE TO SIT WITH COURT. The Supreme Court shall consist of five justices, a majority of whom shall be necessary to make a quorum or pronounce a decision. If a justice of the Supreme Court shall be disqualified from sitting in a cause before said court, or be unable to sit therein, by reason of illness or absence, the said court may call a district judge to sit in said court on the hearing of such cause.
The justices of the Supreme Court shall be elected by the electors of the state at large. The terms of office of the justices of the Supreme Court, except as in this article otherwise provided, shall be six years. The justices of the Supreme Court shall, immediately after the first election under this constitution, be selected by lot, so that one shall hold his office for the term of two years, one for the term of four years, and one for the term of six years. The lots shall be drawn by the justices of the Supreme Court, who shall, for that purpose, assemble at the seat of government, and they shall cause the result thereof to be certified to by the secretary of state and filed in his office. The chief justice shall be selected from among the justices of the Supreme Court by a majority vote of the justices. His term of office shall be four years. When a vacancy in the office of chief justice occurs, a chief justice shall be selected for a full four year term. The chief justice shall be the executive head of the judicial system.
Section 24: JUDICIAL DISTRICTS ENUMERATED. Until otherwise provided by law, the judicial districts shall be five (5) in number, and constituted of the following counties, viz:
First District—Shoshone and Kootenai. Second District—Latah, Nez Perce, and Idaho. Third District—Washington, Ada, Boise, and Owyhee. Fourth District—Cassia, Elmore, Logan, and Alturas. Fifth District—Bear Lake, Bingham, Oneida, Lemhi, and Custer.
Article VII: FINANCE AND REVENUE
Section 18: IDAHO MILLENNIUM PERMANENT ENDOWMENT FUND — IDAHO MILLENNIUM INCOME FUND — IDAHO MILLENNIUM FUND. There is hereby created in the state treasury an Idaho Millennium Permanent Endowment Fund. The fund shall consist of eighty percent of the moneys received each year by the state of Idaho on and after January 1, 2007, pursuant to the master settlement agreement entered into between tobacco product manufacturers and the state of Idaho, and any other moneys that may be appropriated or otherwise directed to the fund by the legislature, including other moneys or assets that the fund receives by bequest or private donation. The moneys received annually for deposit to the fund, including earnings, shall forever remain inviolate and intact. No portion of the permanent endowment fund shall ever be transferred to any other fund, or used, or appropriated, except as follows: each year, the state treasurer shall distribute five percent of the permanent endowment fund’s average monthly fair market value for the first twelve months of the preceding twenty-four months, to the Idaho Millennium Income Fund, and provided, that such distribution shall not exceed the permanent endowment fund’s fair market value on the first business day of July.
The Idaho Millennium Income Fund, which is hereby created in the state treasury, is subject to appropriation as provided by law, and shall consist of the distribution from the Idaho Millennium Permanent Endowment Fund and other moneys that may be appropriated or otherwise directed to the fund as provided by law. The remaining twenty percent of the moneys received by the state of Idaho on and after January 1, 2007, pursuant to the master settlement agreement entered into between tobacco product manufacturers and the state of Idaho and the earnings thereon, shall be deposited to the Idaho Millennium Fund. The fund may consist of any other moneys that may be appropriated or otherwise directed to the fund by the legislature, including other moneys or assets that the fund receives by bequest or private donation. Moneys in the fund shall be allowed to accumulate, but shall not exceed a maximum limit as determined by law. Any amounts so accumulating in the Idaho Millennium Fund which exceed the maximum limit, shall be transferred, no less than once a year, to the Idaho Millennium Permanent Endowment Fund, and such moneys and earnings in the permanent endowment fund shall also remain inviolate and intact.
Article VIII: PUBLIC INDEBTEDNESS AND SUBSIDIES
Section 1: LIMITATION ON PUBLIC INDEBTEDNESS. The legislature shall not in any manner create any debt or debts, liability or liabilities, except in case of war, to repel an invasion, or suppress an insurrection, unless the same shall be authorized by law, for some single object or work, to be distinctly specified therein, which law shall provide ways and means, exclusive of loans, for the payment of the interest on such debt or liability as it falls due, and also for the payment and discharge of the principal of such debt or liability within twenty years of the time of the contracting thereof, and shall be irrepealable until the principal and interest thereon shall be paid and discharged. But no such law shall take effect until at a general election it shall have been submitted to the people, and shall have received a majority of all the votes cast for or against it at such election, and all moneys raised by the authority of such laws shall be applied only to specified objects therein stated or to the payment of the debt thereby created, and such law shall be published prior to the general election at which it is submitted to the people, in the same manner as amendments to this constitution are published. The legislature may at any time after the approval of such law, by the people, if no debts shall have been contracted in pursuance thereof, repeal the same.
This section shall not apply to liabilities incurred for ordinary operating expenses, nor shall it apply to debts or liabilities that are repaid by the end of the fiscal year. The debts or liabilities of the independent public bodies corporate and politic created by law and which have no power to levy taxes or obligate the general fund of the state are not debts or liabilities of the state of Idaho. The provisions of this section shall not make illegal those types of financial transactions that were legal on or before November 3, 1998.
Section 2: LOAN OF STATE’S CREDIT PROHIBITED — HOLDING STOCK IN CORPORATION PROHIBITED — DEVELOPMENT OF WATER POWER. (1) The credit of the state shall not, in any manner, be given, or loaned to, or in aid of any individual, association, municipality or corporation; nor shall the state directly or indirectly, become a stockholder in any association or corporation, provided, that the state itself may control and promote the development of the unused water power within this state.
(2) Notwithstanding the provisions of subsection (1), there is hereby created the public school guarantee fund which shall consist of funds provided by law to guarantee the debt of school districts in accordance with law. The state may guarantee the debt of school districts and may guarantee debt incurred to refund the school district debt. Any debt guaranty, the school district debt guaranteed thereby, or any borrowing of the state undertaken to facilitate the payments of the state’s obligation under any debt guaranty shall not be included as a debt of the state for the purposes of the limitation of Section 1 of Article VIII. The legislature may provide by law that reimbursement to the state shall be obtained from moneys which otherwise would be used for the support of the educational programs of the school district which incurred the debt with respect to which a payment under the state’s guaranty pursuant to this section was made.
Section 2A: MUNICIPAL BOND BANK AUTHORITY. (1) Notwithstanding the provisions of subsection (1) of Section 2 of Article VIII, the legislature may enact laws authorizing the state to establish a bond bank authority to purchase the bonds, notes or other obligations of a municipality issued or undertaken for any purpose authorized by law and to lend money to a municipality with such loans to be secured by bonds, notes or other obligations of the municipality issued or undertaken as authorized by law. To enable the authority to obtain funds to purchase municipal bonds, notes or other obligations or to make loans to municipalities, the legislature may enact laws authorizing the bond bank authority to:
(2) To provide for the sale of municipal bonds, notes or other obligations to the authority and for the issuance of municipal bonds, notes or other obligations for purchase by the authority or as security for loans from the authority, the legislature may enact laws authorizing a municipality, in addition to any other powers municipalities may have, and without regard to the restrictions or requirements that might otherwise apply under the laws of this state, but subject to the requirements of Section 3 of Article VIII, and any other limitations imposed upon municipalities by the Constitution of the State of Idaho, to: (3) The provisions of Section 1 and subsection (1) of Section 2 of Article VIII shall not be construed as a limitation upon the authority granted by this section and any debt or liability of the state arising as a result of the exercise of powers authorized by this section shall not be deemed a debt of the state for purposes of Section 1 of Article VIII. The provisions of this section are supplemental to and shall not be construed as a repeal of or limitation upon any authority of a municipality under Section 3 or 4 of Article VIII, or any other authority lawfully exercisable by a municipality under the Constitution and laws of this state, including, among others, any authority to issue general obligation bonds, revenue bonds or tax anticipation notes or to enter into contracts for or undertake other financial obligations. (4) For purposes of this section, “municipality” shall include any county, city, municipal corporation, school district, irrigation district, sewer district, water district, highway district or other special purpose district or political subdivision of the state established by law.
Section 3D: MUNICIPAL ELECTRIC SYSTEMS — AUTHORIZED INDEBTEDNESS. Notwithstanding the limitations and requirements of Section 3, Article VIII, of the Constitution of the State of Idaho, any city owning a municipal electric system may:
(a) acquire, construct, install and equip electric generating, transmission and distribution facilities for the purpose of supplying electricity to customers located within the service area of each system established by law and for the purpose of paying the cost thereof, may issue revenue bonds with the assent of a majority of the qualified electors voting at an election held as provided by law; and (b) incur indebtedness or liability under agreements to purchase, share, exchange or transmit wholesale electricity for the use and benefit of customers located within such service area; provided that any revenue bonds, indebtedness or liability shall be payable solely from the rates, charges or revenues derived from the municipal electric system and shall not be secured by the full faith and credit or the taxing power of the city, the state or any political subdivision.
Section 5: SPECIAL REVENUE FINANCING. The legislature may enact laws authorizing the creation of public corporations by counties or cities to issue nonrecourse revenue bonds or other nonrecourse revenue obligations and to apply the proceeds thereof in the manner and for the purposes heretofore or hereafter authorized by law, subject to the following limitations:
Nonrecourse revenue bonds and other nonrecourse revenue obligations issued pursuant to this section shall be payable only from money or other property received as a result of projects financed by the nonrecourse revenue bonds or other nonrecourse revenue obligations and from money and other property received from private sources. Nonrecourse revenue bonds and other nonrecourse revenue obligations issued pursuant to this section shall not be payable from or secured by any tax funds or governmental revenue or by all or part of the faith and credit of the state or any political subdivisions. Nonrecourse revenue bonds or other nonrecourse revenue obligations issued pursuant to this section may be issued only if the issuer certifies that it reasonably believes that the interest paid on the bonds or obligations will be exempt from income taxation by the federal government. Nonrecourse revenue bonds or other nonrecourse revenue obligations may only be used to finance industrial development facilities consisting of manufacturing, processing, production, assembly, warehousing, solid waste disposal, recreation and energy facilities, excluding facilities to transmit, distribute or produce electrical energy. The counties or cities shall never exercise their respective attributes of sovereignty including, but not limited to, the power to tax, the power of eminent domain, and the police power on behalf of any industrial development project authorized pursuant to this section. Sections 2, 3 and 4 of Article VIII shall not be construed as a limitation upon the authority granted by this section. The proceeds of revenue bonds and other revenue obligations issued pursuant to this section for the purpose of financing privately owned property or loans to private persons or corporations shall be subject to audit by the state but shall not otherwise be deemed to be public money or public property for purposes of this constitution. This section is supplemental to and shall not be construed as a repeal of or limitation on any other authority lawfully exercisable under the constitution and laws of this state, including, among other [others], any existing authority to issue revenue bonds.
Article XIX: APPORTIONMENT
Section 1: SENATORIAL DISTRICTS. This article was superseded by the code provisions for legislative districts, Sections 67-201—67-204. As originally adopted, this section provided as follows:
SENATORIAL DISTRICTS. Until otherwise provided by law the apportionment of the two houses of the legislature shall be as follows: The first senatorial district shall consist of the county of Shoshone, and shall elect two senators. The second shall consist of the counties of Kootenai and Latah, and shall elect one senator. The third shall consist of the counties of Nez Perce and Idaho, and shall elect one senator. The fourth shall consist of the counties of Nez Perce and Latah, and shall elect one senator. The fifth shall consist of the county of Latah, and shall elect one senator. The sixth shall consist of the county of Boise, and shall elect one senator. The seventh shall consist of the county of Custer, and shall elect one senator. The eighth shall consist of the county of Lemhi, and shall elect one senator. The ninth shall consist of the county of Logan, and shall elect one senator. The tenth shall consist of the county of Bingham, and shall elect one senator. The eleventh shall consist of the counties of Bear Lake, Oneida and Bingham, and shall elect one senator. The twelfth shall consist of the counties of Owyhee and Cassia, and shall elect one senator. The thirteenth shall consist of the county of Elmore, and shall elect one senator. The fourteenth shall consist of the county of Alturas, and shall elect one senator. The fifteenth shall consist of the county of Ada, and shall elect two senators. The sixteenth shall consist of the county of Washington, and shall elect one senator.
Section 2: REPRESENTATIVE DISTRICTS. This article was superseded by the code provisions for legislative districts, Sections 67-201—67-204. As originally adopted, this section provided as follows:
REPRESENTATIVE DISTRICTS. The several counties shall elect the following members of the house of representatives: The county of Ada, three members. The counties of Ada and Elmore, one member. The county of Alturas, two members. The county of Boise, two members. The county of Bingham, three members. The county of Cassia, one member. The county of Custer, two members. The county of Elmore, one member. The county of Idaho, one member. The counties of Idaho and Nez Perce, one member. The county of Kootenai, one member. The county of Latah, two members. The counties of Kootenai and Latah, one member. The county of Logan, two members. The county of Lemhi, two members. The county of Nez Perce, one member. The county of Oneida, one member. The county of Owyhee, one member. The county of Shoshone, four members The county of Washington, two members. The counties of Bingham, Logan and Alturas, one member.
Article XXI: SCHEDULE AND ORDINANCE
Section 6: SUBMISSION OF CONSTITUTION TO ELECTORS. This Constitution shall be submitted for adoption or rejection, to a vote of the electors qualified by the laws of this territory to vote at all elections, at an election to be held on the Tuesday after the first Monday in November, A.D. 1889. Said election shall be conducted in all respects in the same manner as provided by the laws of the territory for general election, and the returns thereof shall be made and canvassed in the same manner and by the same authority as provided in cases of such general elections, and abstracts of such returns duly certified shall be transmitted to the board of canvassers now provided by law for canvassing the returns of votes for delegate in congress. The said canvassing board shall canvass the votes so returned, and certify and declare the result of said election in the same manner, as is required by law for the election of said delegate.
At the said election the ballots shall be in the following form: For the Constitution: Yes. No. And as a heading to each of said ballots shall be printed on each ballot, the following instructions to voters: All persons who desire to vote for the Constitution, or any of the articles submitted to a separate vote, may erase the word “no.” All persons who desire to vote against the Constitution, or against any article submitted separately may erase the word “yes.” Any person may have printed or written on his ballot only the words, “For the Constitution,” or “Against the Constitution,” and such ballots shall be counted for or against the Constitution accordingly.
Section 20: ADOPTION OF FEDERAL CONSTITUTION. That in behalf of the people of Idaho, we, in convention assembled, do adopt the Constitution of the United States.
SIGNATURES. Done in open convention at Boise City, in the territory of Idaho, this sixth day of August, in the year of our Lord, one thousand eight hundred and eighty-nine. Wm. H. Clagett, President Geo. Ainslie, W.C.B. Allen, Robt. Anderson, H. Armstrong, Orlando B. Batten, Frank W. Beane, Jas. H. Beatty, J.W. Ballentine, A.D. Bevan, Henry B. Blake, Frederick Campbell, Frank P. Cavanah, A.S. Chaney, Chas. A. Clark, I.N. Coston, Jas. I. Crutcher, Stephen S. Glidden, John S. Gray, Wm. W. Hammell, H.S. Hampton, H.O. Harkness, Wm. H. Clagett, President Geo. Ainslie, W.C.B. Allen, Robt. Anderson, H. Armstrong, Orlando B. Batten, Frank W. Beane, Jas. H. Beatty, J.W. Ballentine, A.D. Bevan, Henry B. Blake, Frederick Campbell, Frank P. Cavanah, A.S. Chaney, Chas. A. Clark, I.N. Coston, Jas. I. Crutcher, Stephen S. Glidden, John S. Gray, Wm. W. Hammell, H.S. Hampton, H.O. Harkness, Frank Harris, Sol. Hasbrouck, C.M. Hays, W.B. Heyburn, John Hogan, J.M. Howe, E.S. Jewell, G.W. King, H.B. Kinport, Jas. W. Lamoreaux, John Lewis, Wm. C. Maxey, A.E. Mayhew, W.J. McConnell, Henry Melder, John H. Myer, John T. Morgan, A.B. Moss, Aaron F. Parker, A.J. Pierce, A.J. Pinkham, J.W. Poe, Frank Harris, Sol. Hasbrouck, C.M. Hays, W.B. Heyburn, John Hogan, J.M. Howe, E.S. Jewell, G.W. King, H.B. Kinport, Jas. W. Lamoreaux, John Lewis, Wm. C. Maxey, A.E. Mayhew, W.J. McConnell, Henry Melder, John H. Myer, John T. Morgan, A.B. Moss, Aaron F. Parker, A.J. Pierce, A.J. Pinkham, J.W. Poe, Thos. Pyeatt, Jas. W. Reid, W.D. Robbins Wm. H. Savidge, Aug. M. Sinnott, James M. Shoup, Drew W. Standrod, Frank Steunenberg, Homer Stull, Willis Sweet, Sam F. Taylor, J.L. Underwood, Lycurgus Vineyard, J.S. Whitton, Edgar Wilson, W.W. Woods, John Lemp, N.I. Andrews, Samuel J. Pritchard, J.W. Brigham. Thos. Pyeatt, Jas. W. Reid, W.D. Robbins Wm. H. Savidge, Aug. M. Sinnott, James M. Shoup, Drew W. Standrod, Frank Steunenberg, Homer Stull, Willis Sweet, Sam F. Taylor, J.L. Underwood, Lycurgus Vineyard, J.S. Whitton, Edgar Wilson, W.W. Woods, John Lemp, N.I. Andrews, Samuel J. Pritchard, J.W. Brigham.
Source: Imported from all_50_state_constitutions_FINAL.md
Last Updated: June 28, 2026
Overview
The Idaho Constitution of 1890 serves as the fundamental law of the state, establishing the framework for government and protecting the rights of its citizens.
History
Idaho was admitted to the Union on July 3, 1890.
The current constitution was adopted in 1890. State constitutions are often amended more frequently than the federal Constitution, reflecting changing needs and values of state residents.
Structure of Government
Legislative
State Legislature
Executive
Governor & Cabinet
Judicial
State Courts
Bill of Rights
Like the U.S. Constitution, the Idaho Constitution includes protections for individual rights and liberties. State constitutions often provide broader protections than the federal Constitution, serving as a "floor" rather than a "ceiling" for rights.