Isabella Carter
Indiana's constitution has been amended several times since its ratification in 1851. The state constitution is the highest state law in Indiana and has been amended 45 times as of 2018. The Indiana Constitution provides a legislative process to amend the constitution, which involves a simple majority vote during two successive legislative sessions for the Indiana State Legislature to place a constitutional amendment on the ballot.
| Characteristics | Values |
|---|---|
| Number of times amended | 45 times between 1851 and 2018 |
| Frequency of amendments | Once every three to four years on average |
| Amendments since 2018 | 2000, 2004, and 2010 |
Explore related products
What You'll Learn
Indiana's constitution of 1851
The 1851 constitution is composed of a preamble, articles, and amendments. It establishes a republican form of government with three branches: executive (including administration), legislative, and judicial. The state constitution includes a bill of rights, suffrage and election regulations, provisions for a state militia, and state educational institutions. It also addresses the issue of slavery, prohibiting the introduction of slavery or involuntary servitude into the state. Additionally, it provides for a legislative process to amend the constitution, with the Indiana General Assembly authorised to propose amendments subject to ratification by popular vote.
The 1851 constitution also includes provisions related to the powers of the government, the jurisdiction of the state, the appointment of officers, and the duration of offices. It emphasises the equality of all people and their inherent rights to life, liberty, and the pursuit of happiness. It also guarantees religious freedom and the right to worship according to one's conscience.
One of the significant aspects of the 1851 constitution was its focus on education. It included a clause advocating for a "general system of education, ascending in regular gradation, from township schools to a state university, wherein tuition shall be gratis and equally open to all." This marked a notable expansion of the education clauses in previous constitutions.
The constitution also addressed concerns related to governmental powers, jurisdictions, secrecy of ballots, the amendment process, legislative terms, impeachment processes, and governmental expenses. It reflected the state's financial crisis in the late 1830s and early 1840s, combining "Jacksonian Democracy with a vigorous emphasis on economic laissez-faire."
Understanding the Constitutional Amendments: Their True Meaning
You may want to see also
Amended 45 times through 2018
Indiana has had two state constitutions. The first was adopted in 1816, before Indiana became a state, and was amended by Indiana's citizens in 1851. The 1851 Constitution is still in place and has been amended several times.
The Indiana Constitution provides for a legislative process to amend the constitution. A simple majority vote is required during two successive legislative sessions for the Indiana State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 51 votes in the Indiana House of Representatives and 26 votes in the Indiana State Senate, assuming no vacancies.
The Constitution of 1851 had been amended 45 times through 2018. Since 2018, voters have approved six additional amendments. The current Indiana Constitution has been amended 46 times since 1850. The most recent amendment was approved by voters on November 5, 2024, when they voted to remove the Superintendent of Public Instruction from the Gubernatorial Line of Succession.
The Indiana Constitution of 1851 consists of 16 articles. Article 1 is entitled "Bill of Rights" and consists of 38 sections. Article 4 is entitled "Legislative" and consists of 30 sections, one of which has been repealed. Article 5, entitled "Executive", has 24 sections, one of which has been repealed. Article 6, entitled "Administrative", has 11 sections, one of which has been repealed. Article 7, entitled "Judicial", has 21 sections, three of which have been repealed. Article 8, entitled "Education", has eight sections. Article 15, entitled "Miscellaneous", has ten sections, one of which has been repealed. Article 16, labelled "Amendments", consists of two sections and a schedule and was most recently amended in 1998.
Amendments: Shaping the Constitution's Purpose
You may want to see also
Article 16: Amendments
Indiana's present-day constitution, enacted in 1851, is the state's second constitution, replacing the first one from 1816. The 1851 constitution has been amended numerous times since its adoption.
Article 16 of the Indiana Constitution is labelled "Amendments" and was most recently amended in 1998. It consists of two sections and a schedule. Article 16 outlines the procedures that must be followed to amend the constitution. The Indiana Constitution provides for a legislative process to amend the constitution.
A simple majority vote is required during two successive legislative sessions for the Indiana State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 51 votes in the Indiana House of Representatives and 26 votes in the Indiana State Senate, assuming no vacancies. The Indiana General Assembly may amend the constitution, subject to ratification by vote of the people, as specified in Article 16 of Indiana's 1851 constitution.
The Indiana Constitution of 1851 had been amended 45 times through 2018. The current constitution, complete with all amendments to the Constitution of 1851, has been archived and is available online. Archived versions are available from 1998, 2000, 2004, and 2010.
Compared to the U.S. Constitution, which has only been amended 27 times, state constitutions are much easier to modify, and state constitutional amendments are adopted regularly. The constitutions of Alabama, Louisiana, South Carolina, Texas, and California are amended more than three to four times per year, on average. On the other hand, Indiana's constitution is amended only about once every three to four years.
Amendments to the Constitution: A Historical Perspective
You may want to see also
Explore related products
Addressing slavery and involuntary servitude
Indiana's constitution has been amended several times since its ratification in 1851. The constitution's first mention of slavery appears in Article VIII, Section 1, which expressly prohibited any amendment to the state constitution from ever permitting the introduction of slavery or involuntary servitude into the state. This section was one of the state constitution's most important provisions, allowing constitutional amendments for any reason other than the introduction of slavery or involuntary servitude.
The anti-slavery clause in Article VIII stated:
> "But, as the holding any part of the human Creation in slavery, or involuntary servitude, can only originate in usurpation and tyranny, no alteration of this constitution shall ever take place so as to introduce slavery or involuntary servitude in this State, otherwise than for the punishment of crimes, whereof the party shall have been duly convicted."
The 1851 constitution contained similar content but clarified the legal status of slaves and indentured servants when they came into the state. Despite the existence of this anti-slavery clause, slavery did exist in Indiana. The 1820 federal census listed 190 slaves in Indiana, and the Vincennes newspaper Western Sun advertised "indentured Negroes and other slaves".
However, the Indiana Constitution of 1816 and the Northwest Ordinance of 1787 both prohibited slavery in the state. In 1809, abolitionists took control of the territorial legislature and overturned many of the laws permitting the retention of slaves. By the time Indiana became a state in 1816, the abolitionists were in firm control, and slavery was banned in the constitution.
Two court cases filed by enslaved black women, Polly Strong and Mary Clark, also helped to end the practice of slavery in Indiana. The Indiana Supreme Court ruled in their favour, setting a precedent that led to the freedom of other enslaved people.
Amending the Constitution: Methods and Procedures
You may want to see also
Indiana's constitution of 1816
Indiana's first constitution was adopted in 1816, before the state of Indiana was officially established. The constitution was created after the U.S. Congress agreed to grant statehood to the former Indiana Territory. Indiana's 1816 constitution was considered the most important document in the state's history and represented the more democratic views of the pro-statehood/anti-slavery faction.
The 1816 constitution was drafted by a delegation of forty-three men, apportioned among the thirteen counties that were "in existence prior to the 1815 General Assembly" and based on each county's population. The convention was held at Corydon, the territorial capital in Harrison County, beginning on June 10, 1816. The delegates adopted the constitution with a simple majority vote (33 to 8). The new constitution became effective on June 29, 1816, the last day of the convention, when the delegates signed the document. It did not, however, go to Indiana's voters for ratification.
The 1816 constitution was similar to other state constitutions written around the same time. The delegates to the Indiana constitutional convention referred to the constitutions of Ohio, Kentucky, Pennsylvania, New Hampshire, and Tennessee for ideas, concepts, and specific text. The 1816 constitution included a bill of rights, which was later expanded in the 1851 constitution. It also specified a republican form of government, consisting of three branches: executive (including administration), legislative, and judicial.
The 1816 constitution was replaced by Indiana's second constitution, which went into effect on November 1, 1851. The 1851 constitution has been amended numerous times since its adoption.
Amendment History: The 15th Amendment's Addition
You may want to see also
Frequently asked questions
The Indiana Constitution of 1851 has been amended several times, with archived versions showing amendments in 1998, 2000, 2004, and 2010. By 2018, the 1851 Constitution had been amended 45 times.
On average, the Indiana Constitution is amended once every three to four years.
The Indiana General Assembly may amend the constitution, subject to ratification by a vote of the people. A simple majority vote is required during two successive legislative sessions for an amendment to be placed on the ballot.
Article 16 of the Indiana Constitution outlines the procedures for amending the constitution. A simple majority vote is required during two successive legislative sessions for the Indiana State Legislature to place a constitutional amendment on the ballot.
