Eleanor Finch
Louisiana has had a total of 11 constitutions since 1812, with the most recent one being adopted in 1974. The state's constitutions have been periodically written and rewritten since Louisiana became a state. The words, rationale, advocates, and opponents of each constitution have shaped the state at distinct moments in history. The Louisiana Constitution provides two mechanisms for making changes: a legislative process and a state constitutional convention.
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What You'll Learn
Louisiana has had 11 constitutions since 1812
The first Louisiana constitution was adopted in 1812, and was originally called the "Constitution or Form of Government of the State of Louisiana". This constitution provided that the governor would be voted upon, but that the legislature would choose between the two candidates who received the most votes. Only free white male citizens were allowed to vote, and candidates for the legislature had to be free white males.
The 1812 constitution was replaced in 1845, as it was considered outdated. The 1845 constitution extended the franchise to all free adult white males who had resided in the state for 12 months and in the parish for six months. It also removed property qualifications for those running for governor and created new executive offices.
Subsequent constitutions were adopted in 1852, 1861, 1864, 1868, 1879, 1898, 1913, 1921, and finally 1974. The 1974 constitution has been amended over 300 times since its adoption.
The Louisiana Constitution provides two mechanisms for amending the constitution: a legislative process and a state constitutional convention. A simple majority vote (50% plus one) is required for voters to approve constitutional amendments.
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The 1812 constitution was only for free white males
Louisiana has had ten constitutions since 1812, with the current governing document dating back to 1974. The first constitution was drafted on January 22, 1812, and the state became a part of the United States on April 30, 1812.
The 1812 constitution, originally called the "Constitution or Form of Government of the State of Louisiana," provided that only free white male citizens could vote. Specifically, adult free, taxpaying, white, male American citizens who had resided in the territory for a year or more could vote and stand as candidates. This restriction is evident in Title II, Article 10 of the 1812 constitution, which states that only free white male citizens are allowed to vote. Additionally, Title III, Article 6 of the same constitution outlines that eligibility for representatives must be a free white male. Furthermore, the constitution stipulated that representatives must be at least twenty-one years old and have resided in the state for two years before their election, with the final year spent in the county they aimed to represent.
The 1812 constitution also outlined the legislative power of the state, vesting it in two distinct branches: the House of Representatives and the Senate, collectively known as the General Assembly of Louisiana. The members of the House of Representatives were to be chosen every two years, and the General Assembly was to convene annually in January, unless a different date was specified by law. The constitution further detailed the duties and election processes for various government positions, including the governor and members of the general assembly.
While the 1812 constitution was a significant step in establishing Louisiana's statehood, it is important to recognize that it excluded many individuals from the democratic process by limiting the right to vote and hold office to free white males only. This restriction stood in contrast to subsequent constitutions that aimed to extend voting rights and representation to a broader segment of the population, including people of color and women.
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The 1879 constitution limited voting rights for freedmen
Louisiana has had a total of 11 constitutions since 1812, with the current one being adopted in 1974. The 1879 constitution was one of the previous 10, which was ratified on December 8, 1879, and limited the voting rights of freedmen.
The 1879 constitution was a result of the tumultuous political climate in Louisiana, where there was essentially a dual government, with Democrats refusing to accept Republican election victories. This period witnessed escalating election cycle violence as white Democrats attempted to suppress the black Republican vote. The 1879 constitution was adopted in this context, further restricting the voting rights of freedmen, who had already faced challenges in exercising their suffrage.
The specific provisions of the 1879 constitution that limited the voting rights of freedmen are not explicitly mentioned in the sources. However, it is known that this constitution rolled back education reforms, which may have had an indirect impact on the voting rights of freedmen, as education and suffrage were sometimes linked. Additionally, the broader political climate of the time suggests that the limitations on voting rights for freedmen may have been related to efforts to suppress the black Republican vote.
The impact of the 1879 constitution on voting rights for freedmen was significant, contributing to a broader pattern of disenfranchisement in Louisiana. The state's Democrats, known as ""Bourbon Democrats,," continued to pursue measures that restricted voting rights for certain groups, particularly rural, working-class, illiterate, and Black people. This culminated in the 1898 constitution, which was adopted without ratification by voters and further entrenched voting restrictions.
The 1898 constitution included measures such as an annual poll tax, literacy tests, complicated voter registration forms, and property qualifications, which disproportionately impacted Black voters. While these provisions were technically race-neutral, they were designed to limit Black citizens' voting rights without appearing to do so explicitly. The result was a drastic reduction in the number of registered voters in Louisiana, with Black voters being disproportionately affected.
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The 1974 constitution has been amended over 300 times
Louisiana has had a total of 11 constitutions since 1812, with the current one being ratified in 1974. This 11th constitution has been amended over 300 times since its adoption, with 209 amendments approved by voters between 1978 and 2022, and an additional 8 amendments adopted in 2023. The process of amending the constitution is outlined in Article 13, which defines the legislative and convention-referred processes that can be used to make changes.
The 1974 constitution was adopted during a Constitutional Convention in 1974 and ratified by voters on April 20, 1974, coming into effect on January 1, 1975. It is the cornerstone of Louisiana law, outlining the rights of individuals, the distribution of power among state officials and local governments, and the operation of a state lottery, among other provisions.
One notable amendment to the 1974 constitution occurred in 2018, when Louisiana voters chose to amend the constitution to require unanimous verdicts for felony convictions. This change was influenced by the "Tilting the Scales" series by Louisiana's newspaper of record, The Advocate, which highlighted the disproportionate incarceration of Black people in the state. The series won The Advocate its first Pulitzer Prize and a George Polk Award.
Another significant aspect of the 1974 constitution is its recognition of the state's history and previous constitutions. It includes provisions for the transition from the 1921 Constitution, such as grandfathering existing port commissions and districts established under the previous constitution.
The frequency of amendments to the 1974 constitution, and Louisiana's history of adopting multiple constitutions, reflects the state's dynamic approach to governance and the active participation of its citizens in shaping their state's laws.
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The constitution outlines the state's revenue and finance system
Louisiana has had 11 constitutions since it became a state on April 30, 1812. The current constitution, adopted in 1974, is frequently modified and amended. The Louisiana Constitution outlines the state's revenue and finance system, taxation, and exemptions.
Article 7 of the Louisiana Constitution, consisting of 28 sections, outlines the state's revenue and finance system. It details taxation and exemptions, and the distribution of funds to various boards and commissions. For example, Article 7 establishes the Wetlands Conservation and Restoration Fund, which provides a dedicated source of revenue for conserving and restoring Louisiana's wetlands. It also outlines the allocation of funds to the Bond Security and Redemption Fund and the Coastal Environment Protection Trust Fund.
The constitution also addresses mineral production and leasing activity on the Outer Continental Shelf, directing a portion of revenues to the Permanent Trust Fund. It further specifies that funds allocated to city or parish school boards should not replace locally generated revenue. Additionally, Article 7 establishes the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, as well as the Board of Regents.
The Louisiana Constitution also contains provisions related to local government finances. Article 6, entitled "Local Government," consists of 44 sections that outline the financial aspects of local governance. This includes the creation of special levee districts in coastal parishes and the establishment of new port commissions and districts.
In summary, the Louisiana Constitution provides a comprehensive framework for the state's revenue and finance system, including taxation, fund allocation, and the financial responsibilities of local governments. The constitution has been amended and modified over time to adapt to the changing needs and priorities of the state.
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Frequently asked questions
Louisiana has had 11 constitutions since 1812. The current constitution, adopted in 1974, is the 11th.
The previous constitutions were adopted in 1812, 1845, 1852, 1861, 1864, 1868, 1879, 1898, 1913, and 1921.
Louisiana citizens are used to almost constantly voting on new additions to the state constitution. Since 1974, the constitution has been amended over 300 times.
Article 1 of the Louisiana Constitution is the "Declaration of Rights", Article 2 is "Distribution of Powers", Article 3 is "Legislative Branch", Article 4 is "Executive Branch", Article 6 is "Local Government", and Article 7 is "Revenue and Finance".
