The Washington State Constitution

Second Edition

Robert F. Utter and Hugh D. Spitzer

Oxford Commentaries on the State Constitutions of the US

Includes an account of Washington's constitutional evolution, allowing readers to see the progression of legislation in its historical context
Provides a provision-by-provision commentary of the state constitution of Washington and includes analysis on the state's current constitution, providing an essential reference guide to understanding this important document

New to this Edition:

The new edition has been significantly expanded to detail the impact of the late nineteenth century Populist movement on both the structure and content of Washington's 1889 constitution. That movement was reflected in provisions that mandated transparency in the Legislature, divided power among eight separately-elected executive officials, and numerous constraints on corporations, monopolistic behavior, and specifically on railroads. The constitution also emphasized the paramount importance of education, care for the disabled, and protections of workers in hazardous industries.
This volume also brings the reader current with important developments in the theory of state constitutional interpretation in Washington State, describes the significant expansion, over the past decade, in the Washington Supreme Court's independent reliance on the state's constitution rather than the federal constitution in many constitutional doctrines, particularly those related to individual rights.
Includes up-to-date analysis of significant developments in a number of areas, including: rights of criminal defendants; personal freedoms of speech, religion and privacy; powers and constraints on the state legislature and the governor; the initiative, referendum and recall; and the application of Washington's unique public education clause. The accompanying bibliography includes more than 30 new books, law review articles and other reference works, and the list of cited cases includes more than 100 new important judicial opinions on Washington's constitution that have been issued since the first edition was published in 2002.

The Washington State Constitution

Second Edition

Robert F. Utter and Hugh D. Spitzer

Oxford Commentaries on the State Constitutions of the US

Description

The Washington State Constitution provides an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of Washington's constitutional history that focuses on the document's 19th century populist roots, it provides an in-depth, section-by-section analysis of the entire constitution, detailing the many significant changes made since its initial drafting. This treatment, along with a table of cases, index, and bibliography, provides an unsurpassed reference guide for lawyers, judges, scholars, and members of the general public.

The second edition of The Washington State Constitution has been significantly expanded to detail the impact of the late nineteenth century Populist movement on both the structure and content of Washington's 1889 constitution. The book includes current and important developments in the theory of state constitutional interpretation in Washington State, describes the significant expansion, over the past decade, in the Washington Supreme Court's independent reliance on the state's constitution rather than the federal constitution in many constitutional doctrines, particularly those related to individual rights. The title also includes up-to-date analysis of significant developments in a number of areas, including the rights of criminal defendants; personal freedoms of speech, religion and privacy; powers and constraints on the state legislature and the governor; the initiative, referendum and recall; and the application of Washington's unique public education clause.

The Washington State Constitution was cited in the following notable cases:
- League of Educ. Voters v. State, Wn.2d , 295 P.3d 743, 758-59 (2013.) (both majority and dissent)
- In re Bond Issuance of Greater Wenatchee Regional Events Center Public Facilities, 175 Wash.2d 788,813, 816, 287 P.3d 567, 580 (2012) (dissent)
- Bellevue School Dist. v. E.S., 171 Wash.2d 695, 717, 257 P.3d 570, 581 (2011)

The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research.

Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.

The Washington State Constitution

Second Edition

Robert F. Utter and Hugh D. Spitzer

Oxford Commentaries on the State Constitutions of the US

Series Foreword by G. Alan Tarr
Part I. The Constitutional History of Washington
Part II. The Washington Constitutions and Commentary
Article I: Declaration of Rights
Article II: Legislative Department
Article III: The Executive
Article IV: The Judiciary
Article V: Impeachment
Article VI: Elections and Elective Rights
Article VII: Revenue and Taxation
Article VIII: State, County, and Municipal Indebtedness
Article IX: Education
Article X: Militia
Article XI: County, City, and Township Organization
Article XII: Corporations Other Than Municipal
Article XIII: State Institutions
Article XIV: Seat of Government
Article XV: Harbors and Tide Waters
Article XVI: School and Granted Lands
Article XVII: Tidelands
Article XVIII: State Seal
Article XIX: Exemptions
Article XX: Public Health and Vital Statistics
Article XXI: Water and Water Rights
Article XXII: Legislative Apportionment
Article XXIII: Amendments
Article XXIV: Boundaries
Article XXV: Jurisdiction
Article XXVI: Compact with the United States
Article XXVII: Schedule
Article XXVIII: Compensation of State Officers
Article XXIX: Investments of Public Pension and Retirement Funds
Article XXX: Compensation of Public Officers
Article XXXI: Sex Equality - Rights and Responsibilities
Article XXXII: Special Revenue Financing
Bibliography
Table of Cases
Index

The Washington State Constitution

Second Edition

Robert F. Utter and Hugh D. Spitzer

Oxford Commentaries on the State Constitutions of the US

Author Information

Robert F. Utter served on the Washington State Supreme Court from 1971 to 1995, and was Chief Justice between 1979 and 1981. Prior to joining the State Supreme Court, Justice Utter was a deputy prosecuting attorney and court commissioner. He also taught state constitutional law at the University of Puget Sound School of Law (now Seattle University School of Law).

Hugh D. Spitzer is a Visiting Professor of Law at the University of Washington School of Law, where he teaches state constitutional law and other courses. He also practices public finance and state and local government law in Seattle with Foster Pepper PLLC.