The Louisiana Constitution is legally named the Constitution of the State of Louisiana and commonly called the Louisiana Constitution of 1974,Louisiana Constitution of 1974-Retrieved 2013-10-01Amendments to the Louisiana Constitution of 1974 -Retrieved 2013-10-01 and the Constitution of 1974. The constitution is the cornerstone of the law of Louisiana 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 The beginning of statehood for Louisiana began with the Louisiana Purchase in 1803. In 1804, the land the United States purchased from France was divided in two territories: 1) the Louisiana Territory (upper territory) and 2) the area below the 33rd parallel (current Louisiana-Arkansas state line), the Orleans Territory each as an organized incorporated territory of the United States. The Territory of Orleans formed the bulk of what today is the State of Louisiana. 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 nonviolent 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.West Florida Controversy- Pearson Education; Retrieved 2013-10-03
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.myneworleans.com: "How Louisiana became a state" - Retrieved 2013-10-04
Constitutions
Louisiana Constitution of 1812 The first constitution was made after the Constitution of Kentucky with three 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. The first constitution was drafted on January 22, 1812, and Louisiana became a U.S. State on April 30, 1812.A Guide to the State- Retrieved 2013-10-03
Antebellum period In Louisiana, 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 abolitionists and in 1814 the founding of the Manumission Society of Tennessee furthered anti-slavery sentiment.Antebellum period-retrieved 2013-10-04
According to the Constitution of 1812, originally called the Constitution or Form of Government of the State of Louisiana,Constitution or Form of Government of the State of Louisiana- Retrieved 2013-10-04 that while the candidates for governor would be voted upon, the constitution provided that the legislature chose from the two who received the most votes. The Louisiana Journey- Retrieved 2013-10-04
Louisiana Constitution of 1845 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.The Louisiana Constitution of 1845- Retrieved 2013-10-08
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.Counties in 1845- Retrieved 2013-10-13
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, which included the Medical College of Louisiana, which had been founded in 1834; in 1884, it became Tulane University, the only state public institution in America to be converted to a private one (Title VII; article 137 and 138).Open Library.com archive- Constitution of 1845, articles II, III, IV, and VII; Retrieved 2013-10-12
Louisiana Constitution of 1852 The Constitution of 1852 included an increase in the number of Louisiana Supreme Court justices to five, restricted the governor's powers, and created a public works.1845 constitution details- Retrieved 2013-10-13 The fourth district included Imperial Calcasieu Parish, before the separation of Cameron, Beauregard, Jefferson Davis and Allen Parishes.1852 Constitution, p.19
Louisiana Constitution of 1861 The convention of 1861, convened to address concerns arising from the current political conflict, modified the constitution of 1852 to reflect Louisiana's secession (January 26, 1861) from the union. Ordinances included secession from the Union and the adoption of the constitution of the Confederate States of America,Official Journal of the Proceedings of the Convention of the State of Louisiana (1861)- Retrieved 2013-10-03
Louisiana Constitution of 1864 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, were 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.Louisiana State Museum- Retrieved 2013-10-25
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-Confederate soldiers. The lack of voting rights, Black codes, and a recall on the Constitutional Convention ultimately resulted in the New Orleans Riot.Tulane University-Retrieved 2013-10-25
Louisiana Constitution of 1868 In 1867, Louisiana and Texas were placed in the Fifth Military District under General Philip Sheridan.General Sheridan and the 5th Military District - New Orleans Public Library; Retrieved 2013-10-27 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.Constitution of 1868 - Reconstruction and citizens rights; Retrieved 2013-10-27 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 the state Senate, 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.