Isabella Carter
Louisiana has had several constitutions throughout its history, with the current constitution, adopted in 1974, being its 11th. The state's first constitution was signed in 1812, with subsequent constitutions being adopted in 1845, 1852, 1861, 1864, 1868, 1879, 1898, 1913, and 1921. The reasons for the changes in constitutions over time have varied, but they have been instrumental in shaping the state's history and present. The constitutions have addressed issues such as state debt, drainage problems, and modernizing juvenile justice and public administration. They have also played a role in defining the powers of different branches of government, establishing systems of education, and determining eligibility to vote. The 1974 constitution, which is the most recent, was ratified by voters and became effective on January 1, 1975.
| Characteristics | Values |
|---|---|
| Number of Constitutions | 2 (1849 and 1879) |
| Language | English and Spanish |
| Length | One of the longest in the world |
| Amendments | On average, 5 times per year |
| Rights | Women's equality in employment, broader individual rights than the U.S. Bill of Rights |
| Universities Mentioned | University of California, Stanford University |
| Cities and Counties | Strong protection, granting broad home rule powers |
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What You'll Learn
California's constitution: history and language
California has had two constitutions. The first Constitution of California was ratified on November 13, 1849, and published in both English and Spanish. This was before California was admitted into the Union in 1850.
The first constitution was revised in 1879, and a new English version was produced. The current California Constitution, which was drafted in 1879, has been amended or revised numerous times. From 1911 to 1986, it was amended or revised over 500 times. The constitution has been amended an average of five times each year since its enactment, amounting to over 480 amendments.
The length of the California Constitution has been attributed to various factors, such as the influence of previous Mexican civil law, a lack of faith in elected officials, and the fact that many initiatives take the form of a constitutional amendment. The constitution strongly protects the corporate existence of cities and counties and grants them broad plenary home rule powers. It gives charter cities, in particular, supreme authority over municipal affairs, allowing their local laws to supersede state law.
The California Constitution also distinguishes between constitutional amendments and constitutional revisions. The latter is considered a "substantial change to the entire constitution, rather than ... a less extensive change in one or more of its provisions". Both require the passage of a California ballot proposition by the voters, but they differ in how they may be proposed.
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The constitution and its amendments
The Constitution of California is one of the longest in the world, due mainly to additions by California ballot propositions, which allow for amendments by a simple majority vote in a referendum. Since its enactment, the California Constitution has been amended an average of five times per year. The California Constitution is so long that it has been criticised for being filled with irrelevant details and incoherent policies.
California's first constitution was approved in 1849 and was published in both English and Spanish. It was drafted by American pioneers, European settlers, and Californios (Hispanics of California) and adopted at the 1849 Constitutional Convention of Monterey, following the American Conquest of California and the Mexican-American War. The constitution was amended and ratified on 7 May 1879, following the Sacramento Convention of 1878-79.
The California Constitution strongly protects the corporate existence of cities and counties and grants them broad plenary home rule powers. The constitution gives charter cities, in particular, supreme authority over municipal affairs, even allowing such cities' local laws to supersede state law. The constitution also confers upon women equality of rights in "entering or pursuing a business, profession, vocation, or employment." This is the earliest state constitutional equal rights provision on record.
Several amendments involved the authorization of the creation of state government agencies, including the State Compensation Insurance Fund and the California Department of Alcoholic Beverage Control.
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Rights and protections
Louisiana's current constitution, adopted in 1974, is its 11th constitution. The rights and protections enshrined in the state's constitutions have evolved significantly over time, reflecting the changing social, political, and legal landscape of the state.
The first constitution of Louisiana, adopted in 1812, established the foundation for the state's governance. It outlined a system of government with three equal branches: legislative, executive, and judicial, each with defined powers. This constitution also addressed matters such as the selection and impeachment of state officials, representation, voting rights, and the transition from territorial to state rule. However, it restricted voting rights to free white male citizens.
The constitutions that followed in 1845, 1852, 1861, 1864, 1868, 1879, 1898, 1913, and 1921 reflected the evolving needs and priorities of the state. For example, the 1898 constitution included provisions for convictions in cases requiring hard labor, which was later amended in the 1974 constitution to require a unanimous verdict for felony convictions.
The 1974 constitution, which remains in effect today, provides a comprehensive framework for the rights and protections of Louisiana's citizens. Article 1, entitled "Declaration of Rights," consists of 27 sections outlining the fundamental rights of individuals. Article 2, "Distribution of Powers," details the separation and distribution of powers among the legislative, executive, and judicial branches.
Article 3, "Legislative Branch," establishes the state legislature's role in law-making, while Article 4, "Executive Branch," defines the duties of the Louisiana Governor. Article 5, "Judicial Branch," establishes the system of courts and the judicial department. Article 6, "Local Government," and Article 7, "Revenue and Finance," address matters related to local governance, taxation, and finance.
Article 8, "Education," details the foundation of Louisiana's public school system, while Article 9, "Natural Resources," outlines provisions for managing the state's natural resources. Article 12, "General Provisions," covers various additional topics, and Article 13, "Constitutional Revision," outlines the process for amending and revising the constitution.
Since its adoption in 1974, the Louisiana Constitution has been amended over 300 times, reflecting the dynamic nature of the state's laws and the ongoing quest to ensure the rights and protections of its citizens.
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Cities and counties
Louisiana has had 11 constitutions, with the current one being adopted in 1974. The previous versions were adopted in 1812, 1845, 1852, 1861, 1864, 1868, 1879, 1898, 1913, and 1921.
Louisiana has 479 cities and towns, including St. Francisville, St. Gabriel, St. James, and Baton Rouge. The state is divided into 64 parishes, which are similar to counties in other states. The 1812 constitution established New Orleans as the seat of government.
The Louisiana Constitution of 1974 includes provisions for local government, establishing state and city civil service systems. Article 6 of the constitution, entitled "Local Government," consists of 44 sections that outline the roles and responsibilities of local governments.
The 1974 constitution also addresses the state's revenue and finance system, taxation, and exemptions, which impact cities and counties. Article 7, entitled "Revenue and Finance," consists of 28 sections that detail these financial matters.
The constitution-making process in Louisiana has involved delegates from various counties and parishes. For example, the Constitutional Convention of 1845 included senatorial delegates from the "counties" of Acadia, Lafourche, Attakapas, Opelousas, Rapides, Ouachita, Pointe Coupee, and Iberville.
The Louisiana Constitution has been amended numerous times since 1974, with over 300 amendments. These amendments may have included updates to the provisions related to local governments, revenue, and finance.
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Universities and the constitution
The First Amendment guarantees the right to free speech and assembly, and universities are often sites of protest and the exercise of these rights. However, it's important to note that the First Amendment only restrains the government and does not protect against private organisations, including private colleges. Public universities, however, are allowed to place time, place, and manner restrictions on assemblies on campus, as seen in the case of Cox v. New Hampshire in 1941.
The State Constitution of 1974 in Louisiana outlines the role of the Board of Supervisors for the University of Louisiana System, which is responsible for the supervision and management of state colleges and universities not managed by a higher education board. The board consists of fifteen members, with two members representing each congressional district and the remaining members appointed from the state at large, serving overlapping six-year terms.
Louisiana's constitution also emphasises the goal of the public educational system, which is to provide humane and just learning environments that promote excellence and equal opportunity for individuals to reach their full potential. This includes provisions for elementary and secondary public education, with a superintendent elected for a four-year term.
Universities themselves can be considered constitutional law makers, as they contribute to the development of constitutional law through their research and academic pursuits. While the Supreme Court plays a significant role in interpreting and shaping constitutional law, much of it is also derived from sources other than the written Constitution and settled by institutions other than the Court.
In recent years, there has been a focus on the First Amendment rights and academic freedom of universities, particularly with the Trump Administration's actions, including the freezing of research grants and proposed taxation on endowments, which have raised questions about the limits of universities' rights and their dependence on government funding.
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Frequently asked questions
Louisiana has had 11 constitutions.
The Louisiana constitutions were adopted in 1812, 1845, 1852, 1861, 1864, 1868, 1879, 1898, 1913, 1921, and 1974.
In 1811, Congress passed an act to authorize the people of the Orleans Territory to form a constitution and state government. The constitution was approved, and on April 30, 1812, Louisiana became the 18th state to join the Union.
The 1974 constitution of Louisiana was created to ensure the rights of individuals, describe the distribution and power of state officials and local government, establish the state and city civil service systems, create and define the operation of a state lottery, and outline the manner of revising the constitution.
