Why Kentucky Calls Itself a Commonwealth, and What That Actually Changes

In a Kentucky criminal case, the charges aren’t brought by the state. They’re brought by the Commonwealth.

That word sounds like it should give Kentucky something extra.

Here’s why Kentucky calls itself a commonwealth, and what that actually changes.

Carved Out of Virginia

Kentucky was part of Virginia until 1792, a state that called itself a commonwealth.

Virginia dropped the label when the English monarchy returned in 1660.

The same word came back in Virginia’s constitution of June 29, 1776.

One Virginia history reference suggests it stressed the sovereignty of the people.

Residents had grown dissatisfied with Virginia’s government.

The push to leave began with a convention in Danville in 1784.

Congress approved the split in an act dated February 4, 1791, effective June 1, 1792.

If you read that act, you’ll see it turned the district of Kentucky into “a new State” and called the parent “the said commonwealth of Virginia.”

Pennsylvania’s Constitution

Kentucky’s 1792 constitution followed Pennsylvania’s 1790 version.

Pennsylvania also called itself a commonwealth, in a constitution it adopted in September 1776.

Delegates in Danville approved Kentucky’s first constitution on April 19, 1792.

Read the 1792 preamble, and you’ll see it speaks for “the State of Kentucky.”

The schedule then says, “The Government of the Commonwealth of Kentucky shall commence on the first day of June next.”

Kentucky’s early constitutions used “state” and “commonwealth” interchangeably.

Where the Word Appears

Commonwealth is part of how Kentucky titles its government.

The word appears in the preamble of the current 1891 constitution, which begins “We, the people of the Commonwealth of Kentucky.”

The word was in Kentucky law long before 1891, since an 1805 act on the secretary’s salary called the office “the Secretary of this Commonwealth.”

Kentucky’s governor carries the full title “Governor of the Commonwealth of Kentucky.”

The constitution also vests the judicial power of the Commonwealth in one Court of Justice.

If you look at the state seal, you’ll see “Commonwealth of Kentucky” over two embracing figures, with the motto “United We Stand, Divided We Fall” around them.

The Commonwealth in Kentucky Law

In Kentucky law, the Commonwealth is the name the state goes by when it appears in court.

The 1792 constitution set the style of all legal process as “The Commonwealth of Kentucky.”

By statute, the Attorney General prosecutes “the action by the Commonwealth” over usurpation of offices or franchises other than county ones.

The name also appears in agency titles, such as the Commonwealth Office of Technology.

What It Doesn’t Change

The Commonwealth title gives Kentucky no extra powers and takes none away.

In the United States, a commonwealth and a state differ in name.

The Law Library of Congress says no difference separates the four commonwealths from the other 46 states.

Massachusetts’ 1780 constitution, for example, describes the people forming “a free, sovereign, and independent body politic” called the Commonwealth of Massachusetts.

Kentucky joined the Union as the fifteenth state in 1792.

Its 1792, 1799, and 1850 preambles all referred to the “State of Kentucky.”

Only the 1891 constitution formally declared the official name to be the Commonwealth of Kentucky.

Why Officials Like the Word

Commonwealth may add more tone than law to Kentucky’s official language.

An Eastern Kentucky University professor who used to write speeches for governors told Louisville Public Media that governors sometimes use the word for its style.

He also described it as a nod to the idea that the people rule.

The Commonwealth's Attorney

In Kentucky's criminal courts, the Commonwealth is the party that brings the case.

The 1792 constitution also had prosecutions run in the name and by the authority of the Commonwealth of Kentucky.

A criminal complaint form from the Kentucky Court of Justice, revised in 2008, names the Commonwealth on the plaintiff line.

If you read the form closely, you'll find the defendant's name below a "VS." line.

Voters in your circuit court district elect a Commonwealth's Attorney, an office the constitution provides for.

Kentucky has 57 Commonwealth's attorneys, and none serves more than four counties.

Each serves a six-year term.

The Kentucky Association of Counties describes each as the highest-ranking law enforcement official in their jurisdiction.

Virginia's constitution also lists an attorney for the Commonwealth.