Colo. Const. art. II § 22 Military Subject to Civil Power - Quartering of Troops

• Library: Colorado Constitution
• Currency: Current through 11/8/2022 Election
• Citation: Colo. Const. art. II § 22

The military shall always be in strict subordination to the civil power; no soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war except in the manner prescribed by law.

Cite as Colo. Const. art. II § 22

Source:

Entire article added, effective August 1, 1876, see L. 1877, p. 32.

ANNOTATION

Law reviews. For article, "Martial Law in Colorado", see 5 Den. B. Ass'n Rec. 4 (Feb. 1928). For article, "A Comprehensive Study of the Use of Military Troops in Civil Disorders with Proposals for Legislative Reform", see 43 U. Colo. L. Rev. 399 (1972).

Governor, employing militia to suppress insurrection, is merely acting in his capacity as chief civil magistrate of state and, although exercising his authority conferred by the law through the aid of the military under his command, he is but acting in a civil capacity and not in violation of this section. In re Moyer, 35 Colo. 159, 85 P. 190, 117 Am. St. R. (1905).