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Washington State Constitution: History

 

August 2011. Last updated Nov. 12, 2014.

About

Notes About the Project

The Washington State Constitutional Law Project was initiated by the Washington Law Review in 2009. The editors scanned or obtained scans of many of the sources helpful in studying the development of the Washington State Constitution. In 2011, the Law Library developed this website to make the materials available to researchers.

Notes About the Digital Files

The files posted here are in PDF. The books and theses are very large files and may be slow to load.

The PDFs are searchable. For instance, you can search for occurrences of the word "railroads" in a document. The searching is dependent on optical character recognition which, because of the irregular fonts and imperfect scans, often mistranslates letters and words. Skimming a passage will often find terms that the search feature missed.

The print in the newspapers is very small. Zooming in makes it possible to read the text but the images are still not crisp, because of the age and quality of the originals.

 


 

Washington State Constitution, as Amended

The Washington State Legislature's website includes the current Washington State Constitution. Notes indicate the dates of amendments and the original text.

The constitution, as amended through 2010, is also available in State of Washington, 2011-2012 Legislative Manual at 64-198.  Researchers might find helpful the summary (an outline of the sections) at 53-63, the list of amendments in order of adoption at 199-296, and the detailed index at 297-383.

The links above are to the Legislative Manual on the legislature's website. For the convenience of users who want just the constitutional sections of the manual and prefer a smaller file, we have posted them on our website as well:

The original (handwritten) constitution from the Secretary of State (in color PDF, black and white PDF, and DJVU).

Washington Constitution (handwritten) - first page

Image from Secretary of State

Amendments

The constitution, originally adopted in 1889, has been amended 107 times (as of November 2012). See Washington State Constitution: Amendments.

Research Guide

See Washington State Constitution for an overview of how to research the constitution and cases interpreting it.

Video

TVW offers a Washington State Constitution teaching page with a short (8:45) video.

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Journal and Analytical Index

An essential tool for researchers is The Journal of the Washington State Constitutional Convention, 1889, edited by Beverly Paulik Rosenow in 1962 (reprinted in 1999). This volume includes an analytical index, prepared by Quentin Shipley Smith, that examines the constitution, section by section, printing each section, then referring to the Journal (which is chronological) and citing contemporary newspaper articles and later secondary sources about the constitution.

Rosenow's book also includes a section with biographical sketches of the delegates to the convention (pp. 465-90). For convenience, a PDF of just these pages is here.

This site presents the Journal in two formats: an unedited PDF (made possible by William S. Hein Company, the publisher of the reprint) and a PDF with hyperlinks inserted so the researcher can easily go from a citation in the Journal to the material cited. (The links lead to the source, but not to the specific reference within the source. For example, if the analytical index cites "Cal., Const. (1879), Art. 6, sec. 2," the link is to the California Constitution of 1879; the researcher will then need to go to Art. 6, sec. 2. When the analytical index cites a newspaper, the link goes to a list, by date and title, of articles in that paper.

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Delegates to the 1889 Constitutional Convention

Delegates to 1889 Constitutional Convention
Individual Photos of Delegates

Photograph of delegates of the second constitutional convention in front of the Territorial Capitol building in Olympia, Wash., 1889. The delegates in the picture were joined by support personnel, some wives, pages, and local grade school students. Courtesy Washington State Archives.  Credit.

Composite image of the delegates for the Constitutional Convention in Washington State, July 4, 1889. Courtesy Washington State Archives. Credit.

Biographies of Delegates (pp. 465-90 of Rosenow)

Charles K. Wiggins, The Twenty-Three Lawyer-Delegates to the Constitutional Convention, Wash. St. B. News, Nov. 1989, at 9-14

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Sources of the Washington Constitution

The delegates to the Washington Constitutional Convention drew on many sources, including the federal constitution, constitutions from other states, and constitutions that were drafted for Washington in 1878 and 1889 (before the Convention).

Quentin Shipley Smith's notes in the Journal cited many of these sources.

Another useful tool is Arthur S. Beardsley, Sources of the Washington Constitution, in State of Washington, 2011-2012 Legislative Manual at 385-422. Beardsley first prepared this study comparing provisions of the Washington State constitution with parallels in the federal constitution, other state constitutions, and the Hill and 1878 draft constitutions in 1939. It is reprinted every two years in the Legislative Manual. The link above is to the Legislative Manual on the legislature's website. For a smaller file, with just Beardsley's work, click here.

Links to the Washington sources and state and federal sources follow.

 


 

Washington Sources

Washington Constitution, 1878 (Washington Secretary of State). This links to a digital image of the original handwritten text. For a typeset version, see Meany & Condon. The 1878 constitution was drafted by a constitutional convention held in Walla Walla and approved by the voters, but lacked congressional authorization. See discussion here.

Edmond S. Meany & John T. Condon eds., Washington's First Constitution, 1878, and Proceedings of the Convention (1924?). The text of the constitution is reprinted at pages 63-104. Originally published in 9 Wash. Hist. Q. 129-52, 208-229, 296-307 (1918)

Hill Constitution: William Lair Hill, A Constitution Adapted to the Coming State: Suggestions by Hon. W. Lair Hill: Main Features Considered in Light of Modern Experience: Outline and Comment Together. 1889. (This document is an undated typescript. Hill's proposed constitution was also published in The Morning Oregonian, July 4, 1889, here, here, and here.)

Enabling Act, ch. 180, 25 Stat. 676 (1889)*** ("An act to provide for the division of Dakota into two States and to enable, the people of North Dakota, South Dakota, Montana, and Washington to form constitutions and State governments and to be admitted into the Union on an equal footing with the original States, and to make donations of public lands to such States."). The Enabling Act is also reprinted in State of Washington, 2011-2012 Legislative Manual at 33-51; this version includes amendments to section 11, which concerns public lands granted for school purposes, in 1921, 1932, 1938, 1948, 1952, 1962, 1967, and 1970.

Organic Act, ch. 90, 10 Stat. 172 (1853)*** ("An act to establish the Territorial Government of Washington.")

Rules of the Constitutional Convention of the Territory of Washington, July 4, 1889. This pamphlet was published for the use of the delegates. It contains the report of the Rules Committee with the rules adopted by the convention; the report and rules are also found in the Journal, at 21-33. Pages 8-9 of the pamphlet list the convention's standing committees and their members; these are also found in the Journal, at 19-20 and 37.

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State and Federal Sources

See also the compilations listed below.

Alabama Constitution, 1868 (Alabama legislature)

Arkansas Constitution, 1874 (Google Books)

California Constitution, 1879 (California Secretary of State)

Colorado Constitution, 1876 (Colorado State Archives)

Declaration of Independence (National Archives)

Illinois Constitution, 1870 (Google Books)

Indiana Constitution,1851 (Indiana Historical Bureau)

Iowa Constitution, 1846 (Google Books)

Iowa Constitution, 1857 (State Library of Iowa)

Kansas Constitution, 1859 (Kansas Historical Society)

Maryland Constitution, 1867 (Maryland State Archives)

Minnesota Constitution, 1857 (Minnesota Historical Society)

Missouri Constitution, 1875 (this site) (from Thorpe)

Nebraska Constitution, 1875 (this site) (from Thorpe)

Nevada Constitution, 1864 (pp. 833-55 of Official Report of the Debates and Proceedings of the Constitutional Convention of the State of Nevada Assembled at Carson City to Form a Constitution and State Government (1866)

New Hampshire Constitution, 1792 (Google Books)

New York Constitution, 1846 (pp. 72-94 of The Constitution of the State of New York, with Notes, References and Annotations (Robert C. Cumming et al. eds., 1894)

Ohio Constitution, 1851 (Ohio Historical Society)

Oregon Constitution, 1857 (Oregon State Archives).

  • Because Oregon was particularly important to the development of Washington's constitution, we list selected sources in a separate guide, Oregon State Constitution.

Texas Constitution, 1876 (University of Texas Tarlton Law Library)

United States Constitution (National Archives); United States Constitution in State of Washington, 2011-2012 Legislative Manual at 5-32.

Wisconsin Constitution, 1848 (Wisconsin Historical Society)

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State and Federal Sources: Compilations

Constitutions of the United States, National and State (2d ed. 1974-). 6-volume looseleaf, regularly updated. Current volumes KF4530.C65 1974 at Reference Area; superseded pamphlets KF4530.C65 1974 at Compact Stacks.Catalog record.

Ronald K. L. Collins, Bills and Declarations of Rights Digest, in The American Bench: Judges of the Nation 2483-2655 (3d ed. 1985/86)** (includes text of all states' bills and declarations of rights, as well as notes and comparative tables).

George A. Glynn, American Constitutions, comprising the Declaration of Independence, the Articles of Confederation, the Constitution of the United States, and the State Constitutions (Albany: Argus, 1894) (the convention manual for the sixth New York State constitutional convention). Google Books: vol. 1, vol. 2Catalog record.

Benjamin Hough, American Constitutions: Comprising the Constitution of Each State in the Union, and of the United States, with the Declaration of Independence and Articles of Confederation; Each Accompanied by a Historical Introduction and Notes, . . ., 2 v. (Albany: Weed, Parsons & Co., 1871-1872). HeinOnline link (UW restricted). Google Books: Vol. 1,  Vol. 2

Benjamin Perley Poore, The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the United States. Published by the Government Printing Office.

  • 1877 edition: KF4530.F42 1877 at Folio
  • 2d ed. 1878: KF42 1878 at Folio
  • Google Books links: Part I (1877) and Part II (1878)

William Finley Swindler, Sources and Documents of American Constitutions (v. 1-11, published 1973-79), KF4530 .S94 at Classified Stacks

William Finley Swindler, Sources and Documents of American Constitutions, 2nd Series (v. 1-5, published 1982-87), KF4530 .S94 at Classified Stacks

Francis Newton Thorpe, ed., The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the States, Territories, and Colonies Now or Heretofore the United States of America (GPO, 1909). HeinOnline (UW restricted). JK18 1909 at Classified Stacks.

  • Vol. 1, United States, Alabama – District of Columbia (pp. i=xxxv, 1-648) (includes table of contents, pp. iii-xiv; list of authorities, pp. xv-xxxv)
  • Vol. 2, Florida – Kansas (pp. 649-1259)
  • Vol. 3, Kentucky – Massachusetts (pp. 1263-1923)
  • Vol. 4, Michigan – New Hampshire (pp. 1925-2531)
  • Vol. 5, New Jersey – Philippine Islands (pp.2533-3189)
  • Vol. 6, Porto Rico – Vermont (pp. 3191-3781)
  • Vol. 7, Virginia – Wyoming, Index (pp. 3783-4430)

 

John Joseph Wallis, NBER/University of Maryland State Constitution Project. Project is "a portal to the texts of the state constitutions of the United States. There have been almost 150 state constitutions, they have been amended roughly 12,000 times, and the text of the constitutions and their amendments comprises about 15,000 pages of text." Prof. Wallis states that this collection is more accurate than those by Poore, Thorpe, and Swindler. It much more current, since it includes changes through 2000.

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Selected Secondary Sources

 

U.S. State Constitutions - History and Interpretation

Ronald K. L. Collins, Foreword: Reliance on State Constitutions—Beyond the "New Federalism," 8 U. Puget Sound L. Rev. vi (1985) (foreword to a symposium on the Washington State constitution)

Ronald K. L. Collins, Bills and Declarations of Rights Digest, in The American Bench: Judges of the Nation 2483-2655 (3d ed. 1985/86)** (includes text of all states' bills and declarations of rights, as well as notes and comparative tables).

The Constitutionalism of American States (George E. Connor & Christopher W. Hammons eds., 2008). Catalog record.

Thomas M. Cooley, A Treatise on the Constitutional Limitations Which Rest Upon the Legislative Power of the States of the American Union (1868) (Google Books). HeinOnline (UW restricted)

Thomas M. Cooley, A Treatise on the Constitutional Limitations Which Rest Upon the Legislative Power of the States of the American Union (5th ed. 1883), Google Books, HeinOnline (UW restricted), catalog record (This is the latest edition before the Washington constitutional convention.)

James Quayle Dealey, Growth of American State Constitutions from 1776 to the End of the Year 1914 (1915). JK2408.D5 at Classified Stacks. Digitized copy (from Google Books). LLMC Digital link.

Christian G. Fritz, The American Constitutional Tradition Revisited: Preliminary Observations on State Constitution-Making in the Nineteenth-Century West, 25 Rutgers L. J. 945 (1994), HeinOnline (UW restricted) (author's "definition of the American West includes the Far West, the Pacific Northwest, the Rocky Mountain states, and even some of the Great Plains states. The greatest attention has been given to seven state constitutional conventions between 1849 and 1889 for which reports of the convention debates exist. These states are: California (1849 and 1878 conventions), Oregon (1857), Nevada (1864), South Dakota (1885 and 1889 conventions), Wyoming (1889), Idaho (1889), and North Dakota (1889)." p. 947).

Henry Hitchcock, American Constitutions: A Study of Their Growth (1887)

Hans A. Linde, What Is a Constitution, What Is Not, and Why Does It Matter?, 87 Or. L. Rev. 717 (2008)

Jeffrey A. Parness, American State Constitutional Equalities, 45 Gonz. L. Rev. 773 (2010)

Pierre Schlag, Framers Intent: The Illegitimate Uses of History, 8 U. Puget Sound L. Rev. 283 (1985)

James Schouler, Constitutional Studies: State and Federal (1897)

Hugh D. Spitzer and Charles W. Johnson, Theme and Variations, 21 Seattle U. L. Rev . 997 (1998) (reviewing Robert F. Williams, State Constitutional Law: Cases and Materials (2d ed. 1993))

Mary Whisner, Fifty More Constitutions, 104 Law Libr. J. 331 (2012)

See also Oregon State Constitution guide.

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Washington State History

 

Elwood Evans, History of the Pacific Northwest: Oregon and Washington; Embracing an Account of the Original Discoveries on the Pacific Coast of North America, and a Description of the Conquest, Settlement and Subjugation of the Original Territory of Oregon; Also Interesting Biographies of the Earliest Settlers and More Prominent Men and Women of the Pacific Northwest, Including a Description of the Climate, Soil, Productions of Oregon and Washington (1889) (2 vol.), Vol. 1 (Google Books), catalog record

Julian Hawthorne & George Douglas Brewerton, History of Washington: The Evergreen State, from Early Dawn to Daylight; With Portraits and Biographies (1893), Vol. 1 (Google Books), Vol. 2 (Google Books), catalog record

H. K. Hines, An Illustrated History of the State of Washington: Containing a History of the State of Washington from the Earliest Period of Its Discovery to the Present Time Together with Glimpses of Its Auspicious Future, Illustrations and Full-Page Portraits of Some of Its Eminent Men and Biographical Mention of Many of Its Pioneers and Prominent Citizens of To-day (1894)

Edmond S. Meany, History of the State of Washington (1909), catalog record

The State of Washington: A Brief History of the Discovery, Settlement and Organization of Washington, the "Evergreen State" as Well as a Compilation of Official Statistics Showing the Material Development of the State Up to Date (Elwood Evans & Edmond S. Meany eds., 1893) (prepared for distribution at the World's Columbian Exposition (the Chicago World's Fair))

Joseph Marion Taylor, History and Government of Washington: To Which Are Appended the Constitution of the State of Washington and Lists of Territorial and State Officers (1898) (textbook "for the youths of Washington")

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The Washington Supreme Court

 

Charles H. Sheldon, A Century of Judging: A Political History of the Washington Supreme Court (1988), catalog record

Charles H. Sheldon, The Washington High Bench: A Biographical History of the State Supreme Court, 1889-1991 (1992), catalog record. Profiles are posted on the Temple of Justice website.

Temple of Justice is the website created by the Temple of Justice Project, a joint effort of The Oyez Project and the Thomas S. Foley Institute at Washington State University. It includes biographies of all of the state's justices, 1889 to date. You can also view the justices listed by court (showing who was chief justice and who served together).

Washington State Constitution - History and Interpretation

 

Wilfred J. Airey, A History of the Constitution and Government of Washington Territory (1945) (unpublished Ph.D. thesis, University of Washington, Seattle)

Arthur S. Beardsley, Sources of the Washington Constitution, in State of Washington, 2011-2012 Legislative Manual at 385-422. Beardsley first prepared this study comparing provisions of the Washington State constitution with parallels in the federal constitution, other state constitutions, and the Hill and 1878 draft constitutions in 1939. It is reprinted every two years in the Legislative Manual. The link above is to the Legislative Manual on the legislature's website. For a smaller file, with just Beardsley's work, click here.

Michael Bindas, David K. DeWolf & Michael J. Reitz, The Washington Supreme Court and the State Constitution: A 2010 Assessment, 46 Gonz. L. Rev. 1 (2011).

Cornell W. Clayton, Toward a Theory of the Washington Constitution, 37 Gonz. L. Rev. 41 (2001-2002)

Herman J. Deutsch, A Prospectus for the Study of the Governments of the Pacific Northwest States in Their Regional Setting, 42 Pac. Nw. Q. 277 (1951), JSTOR (UW restricted)

Drafting Washington's State Constitution, 48 Pac. Nw. Q. 22-24 (1957), JSTOR (UW restricted). Reprints two undated letters concerning the activities of the constitutional convention. The letters, signed "Flynn," originally appeared in the Walla Walla Statesman.

Ben Driftmier, Comparative Study of Constitutions for Provisions Not Found In Our Own, 3 Wash. Hist. Q. 259 (1912)

James L. Fitts, The Washington Constitutional Convention of 1889 (1951) (unpublished Master's thesis, University of Washington, Seattle)

John D. Hicks, The Constitutions of the Northwest States. Constitutional Convention Research Memorandum No. 6, Montana Constitutional Convention Comm'n. (1971-72). Reprinted from University of Nebraska University Studies, vol. XXIII, Nos. 1-2 (Jan.-April, 1923).

Claudius O. Johnson, George Turner, a Character from Plutarch, 18 Wash. L. Rev. 167-81 (1943) and 19 Wash. L. Rev. 18-30 (1944)

Leo Jones, Proposed Amendments to the State Constitution of Washington, 4 Wash. Hist. Q. 12 (1913)

 

John R. Kinnear, Notes on the Constitutional Convention, 4 Wash. Hist. Q. 276 (1913). Kinnear, a lawyer from Seattle, was a delegate to the convention. See biographical sketch.

Lebbeus J. Knapp, The Origin of the Constitution of the State of Washington, 4 Wash. Hist. Q. 227 (1913)

Kelly Kunsch, Washington State Constitutional Research: A Recipe for a Gunwall Analysis, Wash. St. B. News Oct. 1995, at 31. HeinOnline (UW restricted)

J. Orin Oliphant, Additional Notes on the Constitution of 1878, 17 Wash. Hist. Q. 27 (1926)

Charles H. Sheldon, Judicial Review and the Supreme Court of Washington, 1890-1986, Publius, J. Federalism, wWtr. 1987, at 69. JSTOR (UW restricted)

John R. Kinnear
John R. Kinnear. Credit.

 


Hugh D. Spitzer, New Life for the "Criteria Tests" in State Constitutional Jurisprudence: "Gunwall Is Dead–—Long Live Gunwall!," 37 Rutgers L. J. 1169 (2006)

Hugh D. Spitzer, Which Constitution? Eleven Years of Gunwall in Washington State, 21. L. Rev. 1187 (1998)

 

Theodore L.Stiles, The Constitution of the State and Its Effects upon Public Interests, 4 Wash. Hist. Q. 281 (1913). Alternate link. Stiles, a lawyer from Tacoma, was a delegate to the convention.  He was one of the first five judges on the Supreme Court. See See biographical sketch from the Journal; biography by Charles Sheldon here.

Robert F. Utter & Hugh D. Spitzer, The Washington State Constitution (2d ed. 2013). Gallagher Law Library  KFW401 1889.A6 U888 2013 at Reference Office. Catalog record (WorldCat).

Robert F. Utter & Hugh D. Spitzer, The Washington State Constitution: A Reference Guide (2002). Catalog record.

University of Washington Bureau of Governmental Research and Services, Washington State Constitution: Stumbling Block or Stepping Stone?: Proceedings of the Thirty-First Annual Summer Institute of Government, 1966. Catalog record.

Thomas Robert Waters & Washington State Advisory Constitutional Revision Commission, Report of the Advisory Constitutional Revision Commission of the State of Washington (1935). Catalog record.

Theodore L. Stiles
Theodore L. Stiles. Credit.

 

Washington State Constitutional Advisory Council, Report (1966). Catalog record.

Washington State Constitutional Advisory Council, Washington Looks at Constitutional Revision: A Background (1967?). Catalog record.

Washington State Constitutional Revision Commission, 1968-69: Draft Reports (Ralph Whitney Johnson ed., 1969). Catalog record.

Washington State Constitutional Revision Commission, Final Report to Governor Daniel J. Evans (1969). Catalog record.

Charles K. Wiggins, Charles S. Voorhees and the Omnibus Admission Act, Wash. St. B. News, June 1989, at 25-30

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Article I, Declaration of Rights

Mark H. Adams and George R. Nock, Search, Seizure, and Section 7: Standing from Salvucci to Simpson, 6 Seattle U. L. Rev. 1 (1982)

Kathleen A. Baldi, Comment, The Denial of a State Constitutional Right to Bail in Juvenile Proceedings: The Need for Reassessment in Washington State, 19 Seattle U. L. Rev. 573 (1996)

Bruce L. Brown, The Juvenile Death Penalty in Washington: A State Constitutional Analysis, 15 Seattle U. L. Rev . 361 (1992)

Daniel J. Clark, Dropping Anchor: Defining a Search in Compliance With Article I, Section 7 of the Washington State Constitution, 21 Seattle U. L. Rev . 1 (1997)

Frank J. Conklin & James M. Vaché, The Establishment Clause and the Free Exercise Clause of the Washington Constitution—A Proposal to the Supreme Court, 8 U. Puget Sound L. Rev. 411 (1985)

Ken Davis, Comment, Washington Constitution Article 1, Section 7: The Argument for Broader Protection against Employer Drug Testing, 16 U. Puget Sound L. Rev. 1335 (1993)

James M. Dolliver, The Washington Constitution and State Action: The View of the Framers, 22 Willamette L. Rev. 445 (1986), HeinOnline (UW restricted)

James M. Dolliver, Condemnation, Credit and Corporations in Washington: 100 Years of Judicial Decisions Have the Framers' Views Been Followed?, 12 U. Puget Sound L. Rev. 163 (1989) (examines Article I, § 16, the taking clause; Article VIII, § 7, the municipal credit clause; Article XII, §§ 1-22, the Corporations Article)

Cheryl L. Harner, Comment, The Repeal of Washington’s Infant Tolling Statute in Medical Malpractice Cases: State Constitutional Challenges, 22 Gonz. L. Rev. 133 (1986-87).

Katie Hosford, The Search for a Distinct Religious-Liberty Jurisprudence under the Washington State Constitution75 Wash. L. Rev. 643 (2000)

Charles W. Johnson & Scott P. Beetham, The Origin of Article I, Section 7 of the Washington State Constitution, 31 Seattle U. L. Rev. 431 (2008)

James E. Lobsenz, A Constitutional Right  to an  Appeal:  Guarding Against  Unacceptable Risks of Erroneous Conviction, 8 U. Puget Sound L. Rev. 375 (1985)

George R. Nock, Seizing Opportunity, Searching for Theory: Article I, Section 7, 8 U. Puget Sound L. Rev. 331 (1985)

Symposium: The Role of a Bill of Rights in a Modern State Constitution, 45 Wash. L. Rev. 453 (1970)

 

Gregory C. Sisk, The Constitutional Validity of the Charles K. Wiggins, Bryan P. Harnitiaux & Robert H. Whaley, Washington’s 1986 Tort Legislation and the State Constitution: Testing the Limits, 22 Gonz. L. Rev. 193 (1986-87).Modification of Joint and Several Liability in the Washington Tort Reform Act of 1986, 13 Seattle U. L. Rev. 433 (1990).

David M. Skover, The Washington Constitutional "State Action" Doctrine: A Fundamental Right to State Action, 8 U. Puget Sound L. Rev. 221 (1985)

Jonathan Thompson, The Washington Constitution's Prohibition on Special Privileges and Immunities: Real Bite for "Equal Protection Review of Regulatory Legislation?, 69 Temp. L. Rev. 1247 (1996) *

Robert F. Utter, Freedom and Diversity in a Federal System: Perspectives on State Constitutions and the Washington Declaration of Rights, 7 U. Puget Sound L. Rev. 491 (1984) (reprinted in Developments in State Constitutional Law 239 (Bradley D. McGraw ed., 1985))

Robert F. Utter & Edward J. Larson, Church and State on the Frontier: The History of the Establishment Clauses in the Washington State Constitution, 15 Hastings Const. L.Q. 451 (1988) *

Robert F. Utter, The Right to Speak, Write and Publish Freely: State Constitutional Protection against Private Abridgement, 8 U. Puget Sound L. Rev. 157 (1985)

Charles K. Wiggins, Francis Henry and the Declaration of Rights, Wash. St. B. News, May 1989, at 51-54

Charles K. Wiggins, Bryan P. Harnitiaux & Robert H. Whaley, Washington’s 1986 Tort Legislation and the State Constitution: Testing the Limits, 22 Gonz. L. Rev. 193 (1986-87)

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Article II, Legislative Department

 

Gordon E. Baker, Legislative Power to Amend Initiatives in Washington State, 55 Pac. Nw. Q. 28 (1964), JSTOR (UW restricted)

Jeffrey T. Even, Direct Democracy in Washington: A Discourse on the Peoples' Powers of Initiative and Referendum, 32 Gonz. L. Rev. 247 (1996/1997), HeinOnline (UW restricted)

Kristen L. Fraser, Method, Procedure, Means, and Manner: Washington's Law of Law-Making, 39 Gonz. L. Rev. 447 (2004)

Kristen, L. Fraser, "Grasping for the 'Elephant in the Courthouse': Developments in Washington's Law of Law-Making, 44 Gonz. L. Rev. 411 (2008-09)

Claudius O. Johnson, The Adoption of the Initiative and Referendum in Washington, 35 Pac. Nw. Q.291 (1944), JSTOR (UW restricted)

Claudius O. Johnson, The Initiative and Referendum in Washington, 36 Pac. Nw. Q. 29 (1945), JSTOR (UW restricted)

Bryan L. Page, State of Emergency: Washington’s Use of Emergency Clauses and the People’s Right to Referendum, 44 Gonz. L. Rev. 219 (2009)

Article III, The Executive

 

Heidi A. Irvin, Note, Washington's Partial Veto Power: Judicial Construction of Article III, Section 12, 10 Seattle U. L. Rev. 699 (1987)

Article IV, The Judiciary

Mark DeForrest, In the Groove or in a Rut? Resolving Conflicts Between the Divisions of the Washington State Court of Appeals at the Trial Court Level, 48 Gonz. L. Rev. 431 (2013)

Charles K. Wiggins, George Turner and the Judiciary Article, Part I, Wash. St. B. News, Sept. 1989, at 46-50, and Part II, Wash. St. B. News, Oct. 1989, at 17-23

Article VI, Elections and Elective Rights

 

Rebecca Mead, Votes for Women!, Columbia: Mag. Nw. Hist., Wtr. 2010-11, at 5.

Charles K. Wiggins, John P. Hoyt and Women's Suffrage, Wash. St. B. News, Jan. 1989, at 17-20

Article VII, Revenue and Taxation

 

Philip John Roberts, Of Rain and Revenue: The Politics of Income Taxation in the State of Washington, 1862-1940 (dissertation 1990). Abstract available here (UW restricted). UW Special Collections Thesis 38452; UW Suzzallo/Allen D 7 Th38452

Phil Roberts, A Penny for the Governor, a Dollar for Uncle Sam: Income Taxation in Washington (2002), catalog record (WorldCat), Gallagher Law Library KFW475 .R63 2002 at Classified Stacks, Google Preview

Hugh D. Spitzer, A Washington State Income Tax--Again?, 16 U. Puget Sound L. Rev. 515 (1993)

Hugh D. Spitzer, Taxes vs. Fees: A Curious Confusion, 38 Gonz. L. Rev. 335 (2003), SSRN

Article VIII, State, County, and Municipal Indebtedness

 

James M. Dolliver, Condemnation, Credit and Corporations in Washington: 100 Years of Judicial Decisions Have the Framers' Views Been Followed?, 12 U. Puget Sound L. Rev. 163 (1989) (examines Article I, § 16, the taking clause; Article VIII, § 7, the municipal credit clause; Article XII, §§ 1-22, the Corporations Article)

David D. Martin, Comment, Washington State Constitutional Limitations on Gifting of Funds to Private Enterprise: A Need for Reform, 20 Seattle U. L. Rev . 199 (1996)

Hugh Spitzer, An Analytical View of Recent "Lending of Credit" Decisions in Washington State, 8 U. Puget Sound L. Rev. 195 (1985)

Article IX, Education

 

Laurie K. Beale, Charter Schools, Common Schools and the Washington Constitution, 72 Wash. L. Rev. 535 (1997)

Article XI, County, City, and Township Organization

 

Kent D. Richards, The Police Power and Washington Statehood: Insurrection, Agitation, and Riots, Mont.: Mag. W. Hist., Autumn 1987, at 10, JSTOR (UW restricted)

Article XII, Corporations Other than Municipal

 

James M. Dolliver, Condemnation, Credit and Corporations in Washington: 100 Years of Judicial Decisions – Have the Framers' Views Been Followed?, 12 U. Puget Sound L. Rev. 163 (1989) (examines Article I, § 16, the taking clause; Article VIII, § 7, the municipal credit clause; Article XII, §§ 1-22, the Corporations Article)

Article XIV, Seat of Government

 

Charles K. Wiggins, Austin Mires and the Capital Controversy, Wash. St. B. News, April 1989, at 24-27

Article XV, Harbors and Tide Waters

 

Charles K. Wiggins, The Battle for the Tidelands in the Constitutional Convention, Part I, Wash. St. B. News, March 1990, at 15-21; Part II, Wash. St. B. News, April 1990, at 15-19; and Part III, Wash. St. B. News, May 1990, at 47-52

Article XXXI, Equal Rights Amendment

 

Patricia L. Proebsting, Comment, Washington's Equal Rights Amendment: It Says What It Means and It Means What It Says, 8 U. Puget Sound L. Rev. 461 (1985)

Prohibition (failed proposal in 1889)

 

Charles R. LeWarne,The Prohibition Proposition: A Hot Issue at the Constitutional Convention, Colum.: Mag. Nw. Hist, Summer 1989, at 26


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Newspapers (Selected Articles)

Newspapers we hope to add later in the project:

  • Daily Oregon Statesman
  • Puget Sound Weekly Argus
  • Seattle Post-Intelligencer
  • Seattle Times
  • Spokane Falls Northwest Tribune
  • Tacoma Ledger
  • Walla Walla Weekly Statesman

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Selected Cases

State v. Gunwall, 106 Wn.2d 54, 720 P.2d 808 (1986)

 


 

Links for Further Research

State Constitutions

State Constitutions (Indiana University Maurer School of Law). Guide includes:

  • Instructions on where to find the texts of state constitutions (print and online).
  • Tips for current and historical research.
  • Information about researching revisions and amendments.
  • Links to sources for each state (use alphabetical directory or interactive map).

Center for State Constitutional Studies (Rutgers School of Law Camden)

NBER/University of Maryland State Constitution Project. Project, by Economics professor John Joseph Wallis, is "a portal to the texts of the state constitutions of the United States. There have been almost 150 state constitutions, they have been amended roughly 12,000 times, and the text of the constitutions and their amendments comprises about 15,000 pages of text." The search feature is still in development; eventually, researchers will be able to search for words or phrases across multiple states.

Individual states:

Washington State

Center for the Study of the Pacific Northwest (University of Washington History Department). Includes links to archives, databases, museums, and more. See Resources: Links and Resources: Research.

Legacy Washington (Washington Secretary of State) exhibit, 1889: Blazes, Rails and the Year of Statehood.

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Credits

* Posted with permission of the author(s) and HeinOnline.

** Posted with permission of the author and the publisher, Forster-Long, LLC.

*** Posted with permission of HeinOnline.

† Posted with permission of the author, the Washington State Bar Association, and HeinOnline.

Constitutional convention group photo: Item Number AR-28001005-ph000003, Inauguration of Governor Ferry Photographs, 1889, Washington State Archives, Digital Archives (accessed Sept. 12, 2011). Original images held at the Washington State Archives, Olympia, WA.

Constitutional convention composite photo: Item Number AR-28001001-ph00278, General Subjects Photograph Collection, 1845-2005, Washington State Archives, Digital Archives (accessed Sept. 12, 2011). Original images held at the Washington State Archives, Olympia, WA. Same image,credited to photographer Merle Junk, available as Item Number AR-25501080-ph004713, Susan Parish Photograph Collection, 1889-1990.

 

People involved in this project include:

  • Mary Whisner, Reference Librarian
  • Penny A. Hazelton, Associate Dean for Library and Computing Services
  • Dave Tawatao, Senior Computer Specialist
  • Hugh Spitzer, Affiliate Professor
  • David Hancock, Editor-in-Chief, Washington Law Review, volume 84, 2008-09

Comments or suggestions? Please contact Mary Whisner.

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