Constitution of Louisiana

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The Louisiana Constitution; is legally named the Constitution of the State of Louisiana and commonly called the Louisiana Constitution of 1974,[1][2] and the Constitution of 1974. The constitution is the cornerstone of Louisiana state law ensuring the rights of individuals, describing the distribution and power of state officials and local government, establishes the state and city civil service systems, creates and defines the operation of a state lottery, and the manner of revising the constitution.

Louisiana's constitution was adopted (adopted in Convention) during the Constitutional Convention in 1974, ratified by the voters of the state on April 20, 1974, and became effective on January 1, 1975.

History[edit]

The beginning of statehood for Louisiana began with the Louisiana purchase in 1803. In 1804, the territory was divided into the Mississippi Territory (upper territory) and the area of the purchase below the 33rd parallel (current Louisiana-Arkansas state line) was divided into the Orleans Territory as an organized incorporated territory of the United States. From the beginning there were border disputes. In 1795, the Treaty of Friendship, Limits, and Navigation Between Spain and the United States, known as Pinckney's Treaty, had set the stage for long non-violent negotiations. An area between the Mississippi River and Perdido River (excluding New Orleans) was claimed by Spain as part of the West Florida Controversy. Also at issue was the area that became known as the neutral ground on the western border, meaning the territory had undefined borders. These disputes led to an end to diplomatic relations in 1805. Plantation owners proclaimed independence from Spain, establishing the short lived nation of the Republic of West Florida on Sept. 23, 1810, but President James Madison ordered U.S. forces into the area and incorporated it into the Orleans territory.[3]

Senator William Giles of Virginia had already submitted a petition for statehood, in March 1810, based on the ordinance of 1787. The senate passed the petition on April 27, 1810, by a vote of 15 to 8, and ordered the territory to assemble a convention to draft a constitutional amendment. Because the president incorporated the area of West Florida into the Orleans Territory, Representative Julien Poydras (Orleans Territory) on December 17, 1810, petitioned for statehood based on Article III of the Louisiana Purchase. On Dec. 27, U.S. Representative Nathaniel Macon submitted a petition based on the inclusion of the territory of West Florida.

Confrontations were heated in the house that ranged from; the West Florida territory belonged to the Mississippi Territory (U.S. Representative William Bibb of Georgia), that the entire idea of expansion was unconstitutional without the vote of the people (U.S. Representative Richard Johnson of Kentucky), the undetermined borders (U.S. Representative Timothy Pitkin of Connecticut), and U.S. Representative Josiah Quincy's (Massachusetts) strong opposition;

"I address you, Mr. Speaker, with an anxiety and distress of mind with me wholly unprecedented. To me it appears that this measure would justify a revolution in this country. I am compelled to declare it as my deliberate opinion that, if this bill passes, the bonds of this Union are virtually dissolved.”, and "The constitution is a political compact from which the original parties would be released if the assumed principle of this bill became law.".

As a reaction to these comments House of Representative territorial delegate George Poindexter of Mississippi accused Quincy of treason. This resulted in a vote that Quincy won by a narrow margin of 56-53. With vindication Quincy continued;

Louisiana statehood would produce states that were free “from their moral obligation, and that, as it will be the right of all, so it will be the duty of some, to prepare, definitely, for a separation: amicably if they can, violently if they must!”

After much heated debate, the bill being passed back and forth between the House and Senate over seven times, an agreement was reached, a resolution signed, and a joint conference committee passed an identical bill April 6, 1812. The ninth anniversary of the Louisiana Purchase of April 30, 1812, was chosen to be the date of admittance. The name of the first new state west of the Mississippi was to be called "Louisiana". The issue of West Florida was solved with statehood but the western border dispute remained unresolved until the Adams–Onís Treaty of 1819.[4]

Alleged Contradiction[edit]

The official travel site for the state, erroneously states that "Louisiana has had 11 constitutions since entering the Union.".[5]

From the first constitution of 1812, until the current constitution of 1974, Louisiana has had ten constitutions as a U.S. state. Including the "Louisiana Constitution of the Confederate States of America" there have been eleven state constitutions since 1812.

However, this is falsely termed a "contradiction" for two reasons. First, no Confederate State legally seceded from the Union,[6] so Louisiana was, in a technical sense, always part of the United States. Second, even on the logic that Louisiana did legally secede in a technical sense, the state did indeed have its Confederate Constitution "since" it entered the Union in 1812. The travel site does not say that all 11 Constitutions existed while a part of the Union.

Constitutions[edit]

Louisiana Constitution of 1812[edit]

The first constitution was modeled after the Constitution of Kentucky with 3 stark differences. A Bill of Rights was not included, the system of law was (and still is) based on Civil law instead of English Common law, and the use of parishes instead of counties. A constitution was drafted on January 22, 1812, and Louisiana became a U.S. State on April 30, 1812.[7]

Antebellum Period[edit]

The period of time from 1812 until the start of the American Civil War, is considered to be the Antebellum period, although some use 1789 as the beginning. The period gave renewed fever to abolitionist and in 1814 the founding of the Manumission Society of Tennessee furthered anti-slavery sentiment.[8]

The Constitution of 1812, originally called the Constitution or Form of Government of the State of Louisiana,[9] was biased to the common person as only wealthy white men that paid taxes could vote. The U.S. House of Representatives displayed a prejudice and show of power that would prove to be an indicative of the future of people of color in the United States and the state of Louisiana. Although the candidates for governor would be voted on by the people the constitution provided that the legislature picked from the two that received the most votes.[10]

Louisiana Constitution of 1845[edit]

An act entitled, "An act to provide for the calling of a Convention for the purpose of re-adopting, amending or changing the Constitution of the State,", was approved March 18, 1845, and the senatorial and representative delegates met August 5, 1844 to update or replace what had been considered to be an outdated constitution of 1812.[11]

The Constitutional Convention of 1845 included senatorial delegates from the "counties" of Acadia, Lafourche, Attakapas, Opelousas, Rapides, Ouachita, Pointe Coupee, and Iberville, as well as representative delegates from parishes.[12]

Some notable articles in the constitution:

  • Only free white male citizens allowed to vote and persons eligible to vote under the constitution of 1812 retained (Title II: article 10); Eligibility for representative must be a free white male (Title III article 6); Members of active military ineligible to vote in any election (Title II; article 12); No active clergy, teacher of any religious persuasion are eligible as members of the general assembly (Title II; article 29); Four year successive term limits on the Governor (Title III; article 41); Minister ineligible as member of Congress (Title III; article 42); Felons under sentence where "death or hard labor may be inflicted" could appeal to the state Supreme Court (Title IV article 63); Created the office of Superintendent of Public Education (Title VII; article 133); Establishment of public schools (Title VII; article 134); Establishment of the University of Louisiana that became Tulane University in 1847, the only state public institution in America to be converted to a private one (Title VII; article 137 and 138).[13]

Louisiana Constitution of 1852[edit]

The Constitution of 1852 included an increase in the number of Louisiana Supreme Court justices to five, restricted the governors powers, and created a public works.[14] The fourth district included Imperial Calcasieu Parish, before the separation of Cameron, Beauregard and, Vernon Parishes.[15]

Louisiana Constitution of 1861[edit]

The constitutional convention of 1861, convened to write a new constitution of the state of Louisiana, just modified the constitution of 1852, to reflect Louisiana's secession (January 26, 1861) from the union. Resolutions included the dissolution of the constitution of 1852, while enacting all provisions which effectively resulted in just a name change, adopting the constitution of the Confederate States of America, established provisions for the dissolution of the state government if approved by the citizens, and included provisions for new elections.[16]

Louisiana Constitution of 1864[edit]

The Louisiana Constitution of 1864 abolished slavery throughout the state, but was effective only in the thirteen Louisiana parishes under Union control during the war. Voting rights to black men who fought for the Union, owned property, or were literate, was allowed to be authorized (but not given) by the state legislature. Other persons of color were excluded. A free public school system was allowed for all children aged six to eighteen but the legislature established schools for whites only.[17]

The failed Wade–Davis Bill included the Ironclad oath that was implemented by the Radical Republicans and used until repealed by President Arthur in May, 1884. The oath excluded ex-confederate soldiers, anyone holding office in a state that seceded from the Union, or supporters of the Confederacy. This created further tension between persons of color and ex-soldiers. The lack of voting rights, Black codes, and a recall on the Constitutional Convention ultimately resulted in the New Orleans Riot.[18]

Louisiana Constitution of 1868[edit]

In 1867, Louisiana and Texas was placed in the Fifth Military District under General Philip Sheridan.[19] A Third Reconstruction Act (1867) allowed district commanders authority to remove state officials from office. Carpetbaggers were appointed to many offices to assure loyalty to the Union.

A requirement for state Congressional representation, added by Congress as part of the Reconstruction Acts, was ratifying the Fourteenth Amendment to the United States Constitution. The constitution, adopted in conference March 7, 1868, was the first one in Louisiana to provide a formal bill of rights. It eradicated the Black Codes of 1865, removed property qualifications for holding office, and former Confederates were still disfranchised. Black men secured full citizenship with equal civil and political rights, state funded public education that prohibited segregated schools (Title VII; article 135) funded by one-half of the income from a poll tax (article 141), and equal treatment on public transportation.[20] Title VI; article 75 provided a Supreme Court that consisted of a Chief Justice and four Associate Justices appointed by the Governor, with the advice and consent of Congress, for eight year terms. The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, and the Louisiana was readmitted to the Union.

Considered the best constitution in Louisiana history it did not solve racial discrimination.[21] For the next eight years political fighting and corruption continued in Louisiana. The reconstruction era finally came to a close in Louisiana with the trading of votes that led to the election of Rutherford B. Hayes as President. Federal troops were withdrawn on April 29, 1877, and Democrats took control of Louisiana.

Louisiana Constitution of 1879[edit]

The Constitution of 1879 was adopted in conference July 23, and was ratified December 8, 1879[22] returning Louisiana to home rule. The new constitution placed more limits on the voting rights of freedmen. The state capital was moved from New Orleans to Baton Rouge. The state Supreme Court retained five members, that were appointed by the governor for twelve year terms, and for the first time given supervisory power over inferior courts. A lottery was authorized (article 167) but gambling (article 172) was considered a vice to be suppressed.

From 1872 to 1877 there was actually a dual government. Louisiana was torn, not unlike during the Civil war, with battles between the Radical Republicans and the Southern Democrats, and 1877, began the Solid South coalition. The period of time from 1868 to 1879 was marked with violence against freedmen. The First Battle of the Cabildo ( March 5, 1873), the Colfax riot and massacre (April 13, 1873), that resulted in United States v. Cruikshank (1876). This case placed federal restrictions on civil freedoms, supposedly guaranteed by the Bill of Rights of the Constitution of the United States and the Louisiana Constitution, denying citizens the constitutional rights of the Fourth Amendment and the right to bear arms. The Coushatta Massacre (1874), the Battle of Liberty Place (September 14, 1874), and the Second Battle of the Cabildo (January 1877), are instances involving the Redeemers and the White League. The Freedmen's Bureau reported a multitude of cases from 1865 to 1868, when statistics ceased.[23][24] After the Bureau closed in 1872, atrocities were largely buried by local communities and the courts, that included federal courts as well as the Louisiana Supreme Court and the U.S. Supreme Court.

Louisiana Constitution of 1898[edit]

The Louisiana Constitution of 1898, was adopted in Convention May 12, 1898. Article 197 provided restrictions, directed primarily at black voters. An annual poll tax of one dollar was levied (Article 198) on all males, ages twenty-one to sixty to be eligible to vote, with receipt of the two previous years being paid. The money to be used in the parish where the tax is levied and collected for education.[25] For the first time women tax payers were allowed to vote (Article 199). An annual poll tax of one dollar was levied on every male between the ages of twenty-one and sixty to be used for public school maintenance (article 231). Parish road districts were created (Article 291) and taxes were authorized to include, an annual road maintenance poll tax of not more than one dollar for each able-bodied male (eighteen to fifty-five years old) authorized, with compulsory road service to be waved on those that paid the tax, and an annual road tax from twenty-five cents to one dollar for each vehicle, including bicycles, was levied. The state would support the old soldiers home (Article 302) known as Camp Nichols. Loyal, honorably discharged or paroled, indigent Confederate soldiers, referred to as inmates, were provided a pension of eight dollars a month. The home housed confederate soldiers into the 1940s.

The United States Supreme Court had ruled the Civil Rights Act of 1875 as unconstitutional in 1883. By the time of the convention the groundwork was laid for decades of segregation. On September 18, 1895, Booker T. Washington, an accommodationist, had given the Atlanta Exposition Speech, at the Cotton States and International Exposition.[26] He was revered by followers and had critics such as William Monroe Trotter and W. E. B. Du Bois. An agreement was reached between black and white leaders that blacks would submit to white political rule in exchange for a guarantee of receiving basic education and due process in law. By 1890, Jim Crow Laws replaced black codes with a separate but equal status for black people. The United States Supreme Court Decision of Plessy v. Ferguson in 1896, stemming from the arrest of Homer Plessy in 1892, upheld racial segregation. Article 248 provided for free public separate schools, for "white and colored" races.

Louisiana Constitution of 1913[edit]

A constitutional convention was called to refund the state debt and enlarge the powers of the New Orleans Sewer and Water Board. Concerns over possible Supreme Court constitutionality decisions led to a longer constitution with all sixty-six amendments to the Constitution of 1898 being included. Supreme Court Justices to be elected, more funding for education was provided, and five amendments to the Confederate Pension Plan.

Louisiana Constitution of 1921[edit]

The Louisiana Constitution of 1921,[27] was adopted in convention June 18, 1921. A major concern was validity of some provisions of the Constitution of 1913. Article IV: section 7; Authority to set minimum wage, regulate hours and working conditions for women and girls, with exceptions for agriculture and domestic service. Article IV: section 16; No law abolishing forced "heirship". Article VII: section 4; The Supreme Court justices increased to seven. Section 5; Supreme Court may sit in divisions of three, and two judges from the Court of Appeals may be called in for a third division to reduce backlogs. Section 6; Justices to be elected for a period of fourteen years. The constitution, the longest in Louisiana history (as of 2013), lasted fifty-three years.

Articles of the Louisiana Constitution[edit]

Preamble[edit]

"We, the people of Louisiana, grateful to Almighty God for the civil, political, economic, and religious liberties we enjoy, and desiring to protect individual rights to life, liberty, and property; afford opportunity for the fullest development of the individual; assure equality of rights; promote the health, safety, education, and welfare of the people; maintain a representative and orderly government; ensure domestic tranquility; provide for the common defense; and secure the blessings of freedom and justice to ourselves and our posterity, do ordain and establish this constitution."

Article I. Declaration of Rights[edit]

Contains provisions similar to the Bill of Rights in the United States Constitution, plus additional provisions unique to the State, such as Article I.27, which protects the freedom of the people to engage in traditional pastimes of hunting, trapping, and fishing, subject only to laws and regulations designed to "protect, conserve, and replenish the natural resources" of the State.

Article II. Distribution of Powers[edit]

Arranges the state government into the traditional three branches: legislative, executive, and judicial, and prohibits any branch from exercising the powers of any other branch.

Article III. Legislative Branch[edit]

Organizes the Louisiana Legislature into a bicameral one, consisting of the Louisiana House of Representatives (having no more than 105 members) and the Louisiana Senate (having no more than 39 members).

Sets qualifications for office, term limits (no more than three consecutive terms), and for filling vacancies.

This section also discusses when the Legislature shall meet in regular session and how "Extraordinary Sessions" (special sessions) can be convened (either by the Governor or by the leaders of both the House and Senate upon petition of the majority of the members of both houses). The regular session times and lengths, as well as what can be enacted, depend on the year:

  • In even-numbered years, the Legislature meets at noon on the last Monday in March, for a period limited to 60 legislative days over 85 calendar days with the session required to end on or before 6PM on the 85th calendar day. The Legislature is prohibited from enacting legislation which would enact or increase a statewide tax, or in regards to tax exemptions, exclusions, deductions, or credits, during these sessions.
  • In odd-numbered years, the Legislature meets at noon on the last Monday in April, for a period limited to 45 legislative days over 60 calendar days with the session required to end on or before 6PM on the 60th calendar day. The subject matter of any bills is limited to specified items involving taxes, fees, bonds, the budget, or appropriations, unless the bill is prefiled no later than 10 days before the session begins.

It also contains prohibitions against certain "local and special laws" (i.e., laws which make an act legal or illegal in one portion of the state, but not in another), requires appropriations bills to originate in the House, and sets rules for passage of bills and laws. Furthermore, it contains a provision for the "Legislative Auditor", who is responsible for auditing the fiscal records of the State, its agencies and political subdivisions.

Article IV. Executive Branch[edit]

Organizes the composition of the executive branch. Except for the offices of the Governor of Louisiana and Lieutenant Governor of Louisiana, the branch is limited to no more than 20 departments comprising all functions.

Sets forth the qualifications for each branch member, term limits (two terms for the Governor, and three terms for members of certain appointed boards), determination of inability to serve and how.

Article V. Judicial Branch of Government[edit]

Sets forth the organization of the Louisiana Supreme Court and the various lower courts, as well as the provisions for qualifications of jurors and, under Section V.29, county coroners.

Article VI. Local Government[edit]

Unusual among state Constitutions, several Articles of the Louisiana Constitution contain Parts which are further organized into sections.

Part I. General Provisions[edit]

Defines the composition of parishes (as counties are called in Louisiana) and municipalities, provisions for home rule charters, and other allowances and limitations.

Part II. Finance[edit]

Places limitations on taxation and issuance of bonds for parishes, municipalities, and local school boards

Part III. Levee Districts[edit]

Allows for the creation of special levee districts in coastal parishes.

Part IV. Port Commissions and Districts[edit]

Allows the Legislature to create new port commissions and districts, and grandfathers existing ones at the time of the 1974 Consitition adoption.

Part V. Definitions[edit]

Defines certain terms for purposes of this Article only.

Article VII. Revenue and Finance[edit]

Part I. General Provisions[edit]

Provides for the authority to assess and collect various taxes, subject to limitations, as well as for various dedicated funds.

Part II. Property Taxation[edit]

Provides for taxation of real and personal property, including sale of property for nonpayment (Louisiana is a tax deed sale state with a 3-year right of redemption in most cases) and qualifications for the parish tax assessor.

Part III. Revenue Sharing[edit]

Provides for the creation of the Revenue Sharing Fund.

Part IV. Transportation[edit]

Provides for the creation of the Transportation Trust Fund.

Article VIII. Education[edit]

Provides that the Legislature shall provide for the education of the people of Louisiana. Provides for the State Superintendent, the State Board of Elementary and Secondary Education, the Louisiana Board of Regents and the Boards of Supervisors of the LSU System, the University of Louisiana System, and the community and technical colleges, and the parish school boards. It also provides for school funding and for public hospitals.

Article IX. Natural Resources[edit]

Includes various provisions involving mineral rights, regulation of natural gas and pipelines, the Wildlife and Fisheries and Forestry commissions, and certain dedicated funds.

Article X. Public Officials and Employees[edit]

Part I. State and City Civil Service[edit]

Provides for the creation of the State and various city civil service commissions (excluding the State Police Service, covered under Part IV, and paid firefighters and police in certain instances (mainly covered under Part II).

Part II. Fire and Police Civil Service[edit]

Provides for the creation of classified fire and police civil service systems in certain larger municipalities and in parishes.

Part III. Other Provisions[edit]

Miscellaneous provisions dealing with removal of public officials and teachers' retirement systems, among others.

Part IV. State Police Service[edit]

Provides for the creation of the classified State Police civil service system.

Article XI. Elections[edit]

Provides that the secret ballot shall be used in all elections, prohibits the use of public funds to urge passage for or against any candidate or proposition, and provides for the Registrar of voters for each parish.

Article XII. General Provisions[edit]

Contains miscellaneous provisions such as the state capital (Baton Rouge), creation of a state lottery, and prohibition of same-sex unions.

Article XIII. Constitutional Revision[edit]

Provides for two methods of amending the Constitution, by either Legislative action or convention. There is no provision for amendments via the initiative.

  • The Legislature may propose an amendment, by 2/3 vote of each house, and in the same manner as for passage of any bill except that the Governor does not approve or veto it. However, the amendment must have been prefiled at least 10 days prior to any regular session, or within the first five days of any Extraordinary Session provided it is within the objects of the call of such Session.
  • The Legislature may also call a constitutional convention to propose amendments or a new constitution upon the vote of 2/3 of the members of each house.

The amendment or new constitution must then be approved by the voters. However, there are two unusual provisions involving amendments not involving the entire state:

  • If the amendment directly affects not more than five parishes, or areas within not more than five parishes, the amendment must receive the majority of the electors voting theron in both 1) the entire state and 2) each affected parish.
  • However, if the amendment directly affects not more than five municipalities, and only such municipalities, the amendment must receive the majority of the electors voting theron in both 1) the entire state and 2) each affected

Article XIV. Transitional Provisions[edit]

Contains provisions to transition between the prior 1921 Constitution and the current 1974 version.

References[edit]

  1. ^ Louisiana Constitution of 1974-Retrieved 2013-10-01
  2. ^ Amendments to the Louisiana Constitution of 1974-Retrieved 2013-10-01
  3. ^ West Florida Controversy- Pearson Education; Retrieved 2013-10-03
  4. ^ myneworleans.com: "How Louisiana became a state"- Retrieved 2013-10-04
  5. ^ "Official" erroneous listing of Louisiana Constitutions- Louisianatravel.com: Retrieved 2013-10-03
  6. ^ Ron Tyler & Douglas Barnett, et al., eds., The New Handbook of Texas, Vol. 6, p. 440 (Austin: Texas State Historical Association 1996); see also: The Handbook of Texas Online "Texas v. White".
  7. ^ A Guide to the State- Retrieved 2013-10-03
  8. ^ Antebellum period-retrieved 2013-10-04
  9. ^ Constitution or Form of Government of the State of Louisiana- Retrieved 2013-10-04
  10. ^ The Louisiana Journey- Retrieved 2013-10-04
  11. ^ The Louisiana Constitution of 1845- Retrieved 2013-10-08
  12. ^ Counties in 1845- Retrieved 2013-10-13
  13. ^ Open Library.com archive- Constitution of 1845, articles II, III, IV, and VII; Retrieved 2013-10-12
  14. ^ 1845 constitution details- Retrieved 2013-10-13
  15. ^ 1852 Constitution, p.19
  16. ^ Official Journal of the Proceedings of the Convention of the State of Louisiana (1861)- Retrieved 2013-10-03
  17. ^ Louisiana State Museum- Retrieved 2013-10-25
  18. ^ Tulane University-Retrieved 2013-10-25
  19. ^ General Sheridan and the 5th Military District- New Orleans Public Library; Retrieved 2013-10-27
  20. ^ Constitution of 1868- Reconstruction and citizens rights; Retrieved 2013-10-27
  21. ^ Louisiana State Museum- Retrieved 2013-10-27
  22. ^ Library of Congress- Retrieved 2013-10-29
  23. ^ Freedmen's Bureau report; 1865 through 1867- Retrieved 2013-10-29
  24. ^ Freedmen's Bureau report; 1868- Retrieved 2013-10-29
  25. ^ Yale University- Retrieved 2013-11-02
  26. ^ Booker T. Washington- Louisiana Public Broadcast; Retrieved 201311-02
  27. ^ Louisiana Constitution of 1921- Retrieved 2013-11-04

External links[edit]