Colorado’s Original Constitution Was a Bold Blueprint for Liberty

By Rob Natelson | Commentary., Complete Colorado

This year marks the 150th anniversary of the original Colorado Constitution, which in a recent column I called “an extraordinary testament to human freedom.” The state constitution remains in effect today, but in a mangled form far less protective of liberty than when it became effective on August 1, 1876.

As my prior column pointed out, the document imposed severe limitations on taxes, spending, and state debt—limitations far more restrictive than those currently mandated by the Taxpayer’s Bill of Rights (TABOR).

The Colorado founders’ dedication to freedom also appeared in their constitution’s bill of rights. The U.S. Bill of Rights consists only of ten relatively short amendments; the original Colorado version consisted of 28 sections, some of them quite detailed. They were in Article II, right up near the front of the document.

Types of rights

You can divide the rights guaranteed in the original Colorado Constitution into four general categories:  The first duplicated rights listed in the unamended U.S. Constitution. Examples included trial by jury in criminal cases, habeas corpus, protection against ex post facto (retroactive criminal) laws, and protection against purely political prosecutions for treason.

The second category duplicated provisions of the U.S. Bill of Rights. Among these were due process of law, freedom of speech, freedom of assembly, and protection against cruel and unusual punishment.

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