Omar Bennett
The Indiana Constitution has been amended several times since its inception in 1816, with the current version dating back to 1851. The document outlines the basic framework for governmental functions, establishing a republican form of government with a dominant legislative branch. While the exact word count is unclear, the constitution covers a range of topics, including suffrage, election procedures, distribution of powers, and the rights of citizens. With 37 sections in its Bill of Rights, Indiana's constitution provides robust protection against government infringement of liberty.
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What You'll Learn
History of Indiana's constitutions
The Indiana Constitution has undergone a few iterations since the state's admission to the Union in 1816, and at just under 35,000 words, it is one of the longer state constitutions in the United States.
The first constitution was adopted in 1816 and was known as the 'Constitution of Indiana'. It was drafted by a committee of ten men, including William Henry Harrison, who would become the first governor of the Indiana Territory, and Jonathan Jennings, who would become the first governor of the state of Indiana. This document established the structure and functions of the state government and guaranteed certain rights and liberties for the citizens of Indiana. However, it also included a number of restrictions on suffrage, including provisions that denied the vote to women, free black males, and tax defaulters.
Over time, a need arose to amend and update the constitution to reflect the changing times and the growing state. In the 1840s, a movement to convene a constitutional convention gained momentum, and in 1850, delegates met in Indianapolis to draft a new constitution. This second constitution, adopted in 1851, made significant changes to the structure of the state government, including the creation of a full-time legislature and the establishment of biennial instead of annual elections. It also expanded suffrage by removing property qualifications for voting, although women and most black males still remained disenfranchised.
The current and third Indiana Constitution was adopted in 1851. While it has been amended numerous times since then, the basic framework remains intact. Notable amendments include the introduction of a state bill of rights in 1881, which guaranteed freedom of speech, religion, and assembly, among other rights; and the extension of suffrage to women in 1920 with the Nineteenth Amendment to the US Constitution.
The length of the Indiana Constitution can be attributed to its level of detail and the inclusion of various provisions that address specific issues. For example, it contains a lengthy article on education, outlining the state's responsibility to provide a free and equitable system of common schools. It also includes articles on local government, finance, and corporations, with detailed provisions on issues such as taxation and the regulation of banks and insurance companies.
Today, the Indiana Constitution continues to serve as the foundation of the state's legal system, defining the rights and responsibilities of its citizens and their government. Its length and complexity reflect the importance placed on establishing a comprehensive framework for governance in the state of Indiana.
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Word count of the 1816 constitution
The Indiana State Constitution of 1816 was the state's first constitution, which was replaced in 1851. The 1816 Constitution was drafted in Corydon, Indiana, and was adopted on June 29, 1816.
The 1816 Constitution of Indiana was drafted with the aim of establishing justice, promoting welfare, and securing the blessings of liberty for its people. It outlines a republican form of government with broadly defined principles, allowing the state government to function as a loosely bound unit. The constitution also includes a Bill of Rights, which guarantees the people's "inalienable rights," such as "life, liberty, and the pursuit of happiness," as well as the right to govern themselves.
The exact word count of the 1816 Constitution is not readily available. However, the document includes several sections and articles that cover specific topics. For example, Section 8 of the 1816 Constitution outlines the role of the President of the convention in issuing writs of election to the sheriffs of the counties. It also specifies the manner in which elections for various government positions, such as Governor, Lieutenant Governor, and Members of the General Assembly, should be conducted.
Another section of the 1816 Constitution, Article 3 (Distribution of Powers), is noted for being the shortest provision, consisting of a single sentence: "Section 1. The powers of the Government are divided into three sep [separate]." This article emphasizes the separation of powers among the three distinct branches of state government.
The 1816 Constitution of Indiana played a significant role in shaping the state's early governance and establishing the rights of its citizens. While the exact word count is unknown, the document's impact on Indiana's history and the subsequent revisions to the state constitution in 1851 and beyond highlight its importance.
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Word count of the 1851 constitution
Indiana's 1851 Constitution came into effect, replacing the state's constitution of 1816. The 1851 Constitution was drafted in 1850, when the delegates convened at Indianapolis. The 1851 Constitution has been criticised for Indiana's lax election laws, which did not have specific provisions for voter regulations or include details to assure bipartisan election boards. The 1851 Constitution has been amended several times, with amendments being passed in 1873, 1881, 1917, 1921, 1936, 1954, 1957, 1960, 1962, 1966, 1967, 1976, 1984, 1998, 2000, 2004, and 2010.
The 1851 Constitution of Indiana is available to view online, with online images of the Indiana State Archives' original copy. The 1851 Constitution, as originally written, is also available to read in full text online. The 1851 Constitution of Indiana has a word count of 24,599.
The 1851 Constitution of Indiana covers a range of topics, with Articles of the Constitution dedicated to specific subjects. Article 1 (Bill of Rights) includes wording from the Declaration of Independence and the state's constitution of 1816, such as the people's "inalienable rights" of "life, liberty, and the pursuit of happiness". Article 2 (Suffrage and Election) covers election procedures, voter qualifications, eligibility of officeholders, and voting rights. Article 3 (Distribution of Powers) describes the three separate and distinct branches of state government and is the shortest provision of the constitution.
The Indiana Constitution also devotes an entire Article to education, which reads:
> "Knowledge and learning, generally diffused throughout a community, being essential to the preservation of a free government; it shall be the duty of the General Assembly to encourage, by all suitable means, moral, intellectual, scientific, and agricultural improvement; and to provide, by law, for a general and uniform system of Common Schools, wherein tuition shall be without charge, and equally open to all."
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Amendments to the 1851 constitution
Indiana's 1851 Constitution, which replaced the state's original 1816 constitution, has been amended several times since its ratification. The 1851 Constitution was drafted by 150 delegates, 95 Democrats and 55 Whigs, to the constitutional convention of 1850-1851. Of these representatives, 42% were farmers, 25% were lawyers, and 12% were physicians. Only 13 of the 150 delegates were native-born Hoosiers, while half were Southern-born. The delegates assembled in the Hall of Representatives in Indianapolis on 7 October 1850 and, after 127 days of deliberations, completed their work on 10 February 1851.
The 1851 Constitution was not a radical revision of the original document. It retained the basic framework of a limited self-government for the state and expanded the bill of rights included in the 1816 constitution. The new constitution, however, was longer and more detailed, reflecting the state's financial crisis in the late 1830s and early 1840s. It combined "Jacksonian Democracy with a vigorous emphasis on economic laissez-faire."
The 1851 Constitution addressed numerous concerns and problems that had emerged during the formative years of the state. One of the major concerns was the issue of slavery. The 1851 Constitution contains an anti-slavery clause in Article VIII, which expressly prohibited the alteration or amendment of the state constitution from ever permitting the introduction of slavery or involuntary servitude into the state. This clause allowed constitutional amendments for any reason other than the introduction of slavery or involuntary servitude. The 1851 Constitution also clarified the legal status of slaves and indentured servants when they came into the state.
Another concern addressed by the 1851 Constitution was the state's financial situation. A financial crisis in the 1840s, caused by overspending due to the Indiana Mammoth Internal Improvement Act, had led to the state government becoming insolvent. This increased interest in a constitutional mandate that prohibited the state from incurring debt.
The 1851 Constitution was also criticised for its lax election laws, which frequently led to election-day irregularities and accusations of voter fraud. Among the constitutional amendments passed in 1881 was one that extended the state residency requirements from six months to one year and removed the word "white" from Section 2, which was already unenforceable due to the passage of the Fifteenth Amendment granting suffrage to African American men. The Indiana General Assembly passed additional legislation in 1879 and 1881 to further protect the property rights of widowed and married women.
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Comparison to the US Constitution
The Indiana Constitution, which came into effect in 1851, is a document outlining the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. It is worth noting that Indiana's current constitution dates to 1851, which replaced an earlier constitution from 1816 that was used to obtain statehood. The 1851 Constitution is still in place.
In comparison to the US Constitution, the Indiana Constitution has certain similarities and differences. One notable similarity is the inclusion of a Bill of Rights in both documents. However, while the US Constitution's Bill of Rights has 10 provisions, Indiana's Bill of Rights has 37 or 38 sections, providing more protection against government infringement of liberty. For example, Article 1, Section 32 of the Indiana Constitution states, "The people shall have a right to bear arms, for the defense of themselves and the State," which is a simpler and easier-to-understand version of the Second Amendment in the US Constitution.
Another difference between the two constitutions lies in their focus on education. The Indiana Constitution devotes an entire article, Article 8, to education, which includes a strong commitment to public school education, especially elementary schools. It mandates a "uniform system of common schools, equally open to all and free of tuition." This expansion of education clauses was new to American constitutions at the time. In contrast, the US Constitution does not have a specific article dedicated to education.
Additionally, the Indiana Constitution addresses the issue of slavery, which was a major concern during the time of its drafting. Article VIII, Section 1 expressly prohibited any alteration or amendment to the state constitution that would permit the introduction of slavery or involuntary servitude into the state. This anti-slavery clause allowed for constitutional amendments for any reason other than the introduction of slavery. The 1851 Constitution also clarified the legal status of slaves and indentured servants entering the state. In comparison, the US Constitution, drafted earlier, addressed slavery in a different context, and the issue was a contentious topic that evolved over time, ultimately leading to the Civil War and the subsequent abolition of slavery through the Thirteenth Amendment.
In terms of structure, the Indiana Constitution consists of multiple articles, each addressing specific topics such as suffrage and elections (Article 2), distribution of powers (Article 3), legislative (Article 4), executive (Article 5), administrative (Article 6), judicial (Article 7), education (Article 8), state institutions (Article 9), finance (Article 10), corporations (Article 11), militia (Article 12), political and municipal corporations (Article 13), boundaries (Article 14), and miscellaneous provisions (Article 15). While there are some similarities in the topics covered by both constitutions, the US Constitution is structured differently, with its articles and sections focusing on different aspects of governance at the federal level.
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Frequently asked questions
The Indiana Constitution of 1851, which replaced the state constitution of 1816, is made up of 37 sections. The exact word count is unknown, but the document is written in present-day English, making it easier to understand than the US Constitution.
The Indiana Constitution outlines a basic framework for governmental functions, with broadly defined principles enabling the state government to function as a loosely bound unit. It establishes a republican form of government, with the legislative branch dominant over the executive and judicial branches. The document also includes a Bill of Rights, with 37 sections, providing more protection against government infringement of liberty than the US Constitution.
The Indiana Constitution was written in 1851, 64 years after the US Constitution. It replaced the state's previous constitution from 1816, which was utilized to obtain statehood.
