Eleanor Finch
The Louisiana Constitution is the fundamental document outlining the state's governance framework, including the powers, structure, and limitations of its government, civil rights, and other matters. Louisiana's current constitution, its 11th, was adopted in 1974 and contains 14 articles, with 221 amendments made since 1978. The constitution ensures individual rights, defines the distribution of power for state officials and local governments, and establishes civil service systems. It also creates and regulates a state lottery, which has been a topic of controversy, with attempts to remove the wording in the upcoming March 2025 constitutional referendum election.
| Characteristics | Values |
|---|---|
| Number of Constitutions | 11 |
| Current Constitution | 1974 |
| Previous Constitutions | 1812, 1845, 1852, 1861, 1864, 1868, 1879, 1898, 1913, 1921 |
| Number of Articles | 14 |
| Number of Amendments | 321 |
| Number of Amendments Adopted by Voters | 221 |
| Date of Last Amendment | December 7, 2024 |
| Number of Amendments in Last Vote | 4 |
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What You'll Learn
Louisiana's constitution: a cornerstone for individual rights
Louisiana's constitution, first drafted in 1812, has undergone several revisions to become the cornerstone of the state's law today. It ensures the rights of individuals, outlines the distribution of power among state officials and local governments, establishes civil service systems, and defines the process for constitutional amendments.
The current constitution, adopted in 1974, includes a Declaration of Rights, which forms the core of this cornerstone document. This section guarantees that all government power originates with the people and is instituted to secure justice, preserve peace, protect individual rights, and promote the welfare of the people. It also enshrines the right to life, liberty, and property, prohibiting deprivation without due process. Furthermore, it mandates equal protection under the law, prohibiting discrimination based on race, religious beliefs, or political ideas.
The right to judicial review is also protected, ensuring that no person can be imprisoned or stripped of their rights or property without a thorough review of the evidence. This constitution also includes provisions for victims' rights, ensuring that they are treated with fairness, dignity, and respect, and are informed of their rights.
Additionally, the people of Louisiana have the exclusive right to govern themselves as a free and sovereign state, retaining all powers not expressly delegated to the United States government. This constitution even protects the freedom to hunt, fish, and trap wildlife, recognising it as part of the state's natural heritage.
Louisiana's constitution has evolved over time, with amendments made as recently as 2018, demonstrating the state's commitment to upholding individual rights and adapting to the needs of its citizens.
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Distribution of powers: legislative, executive, and judicial branches
The Louisiana Constitution, adopted in 1974, outlines the distribution of powers across the legislative, executive, and judicial branches of the state government. The constitution is the cornerstone of Louisiana's law, safeguarding the rights of individuals and outlining the powers of state officials and local governments.
The legislative branch of Louisiana's government holds significant power in the state. The legislature is responsible for appropriating funds for various purposes, including the state's operating budget and capital outlay programs proposed by the governor. While the governor can veto any line item in an appropriation bill, the legislature can override this veto with a two-thirds majority vote, although this occurs infrequently. Additionally, the office of the Louisiana Legislative Auditor, elected by a majority vote of the legislature, serves as a fiscal advisor and audits the state's fiscal records.
The executive branch, led by the governor, is responsible for administering and enforcing the constitution and laws passed by the legislative branch. The governor, as the chief executive officer, shares control of the state's executive branch with other elected officials. This branch provides direct services to the people, such as medical care for the poor, and regulates activities like hazardous waste disposal. The governor also has the power to grant reprieves, issue pardons, commute sentences, and return fines for crimes against the state, acting as the court of last resort.
The judicial branch of Louisiana's government is responsible for administering the state's laws and resolving legal conflicts. The power of this branch is vested in the Supreme Court, courts of appeal, district courts, and other lower courts. The court system includes the Family and Juvenile Courts, Clerk of Court, District Courts, District Attorneys, Sheriff's office, coroners, Circuit Courts, and Courts of Appeal, all contributing to the administration of justice in the state.
Louisiana's constitution establishes a system of checks and balances between these branches, ensuring a separation of powers and providing a framework for governance. The specific distribution of powers and responsibilities across these branches contributes to the effective functioning of the state government and the protection of the rights of its citizens.
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State lottery: its creation and operation
The Louisiana State Lottery Company was a private corporation that, in the mid-19th century, ran the only legal lottery in the United States. Chartered on August 11, 1868, by the Louisiana General Assembly, it was initially a syndicate from New York. The company gave the state $40,000 a year in exchange for a 25-year charter, and with the passage of the charter, all other organized gambling was made illegal. This immediately gave the company a bad reputation as having bribed legislators into a corrupt deal, especially as lotteries and gambling were viewed with suspicion in other states.
The lottery was always opposed on vice and morality grounds, but it was also opposed for promoting gambling, debt, and addiction. The renewal of the charter and a constitutional amendment began the serious, organized opposition that would eventually kill the company. The Anti-Lottery League and its newspaper, the "New Delta", were the main proponents of ending the lottery. The League was backed by many prominent activists of the time, such as Anthony Comstock, and by Edward Douglass White, who argued against it in the Louisiana Supreme Court. The prominent Presbyterian minister of First Presbyterian Church, Benjamin M. Palmer, delivered an anti-lottery speech on June 25, 1891, at one of the League's largest meetings.
In 1890, Republican President Benjamin Harrison requested anti-lottery legislation, and soon after, the House of Representatives passed House Bill 11569, which forbade mailing newspapers containing lottery advertisements. This caused a tremendous decrease in lottery revenue. In 1892, Louisiana defeated a state constitutional amendment that attempted to recharter the Louisiana State Lottery Company. The company's charter expired in December 1893, and it moved its headquarters to Honduras, continuing to illegally issue lottery tickets in the United States.
The modern Louisiana Lottery Corporation began in 1991, after the 1990 Louisiana legislature proposed a government-run lottery as a way to generate revenue without increasing taxes. Voters passed a constitutional amendment creating the LLC by a 69% to 31% margin. The Lottery retains less than 10% of its revenue to fund operations, including headquarters, regional offices, technology, advertising, and staffing. More than half of Lottery sales are reserved for prize expenses, and 35% of all Lottery revenue is transferred to Louisiana's treasury.
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Same-sex unions: prohibition and legal challenges
The Louisiana Constitution, which came into effect on January 1, 1975, contains provisions prohibiting same-sex unions and has been the subject of several legal challenges over the years.
In 2014, two courts, one federal and one state, produced contradictory rulings on the constitutionality of Louisiana's denial of marriage rights to same-sex couples. Judge Martin Feldman upheld the ban, arguing that same-sex marriage was inconceivable until very recently and not a fundamental right recognised by the Constitution. He also asserted Louisiana's legitimate interest in linking children to an intact family formed by their two biological parents. However, Judge Edward Rubin ruled that the ban violated the Equal Protection, Due Process, and Full Faith and Credit clauses of the U.S. Constitution, setting a precedent for future legal challenges.
In 2015, the U.S. Supreme Court's decision in Obergefell v. Hodges legalised same-sex marriage in Louisiana, striking down the state's statutes prohibiting it. Despite this, these statutes remain on the books, and there have been unsuccessful attempts to remove the wording through a limited constitutional convention. The Louisiana Supreme Court has also faced legal challenges regarding the parental rights of same-sex couples, such as in the case of Cook v. Sullivan in 2021, where the court granted sole custody to a child's biological mother, denying parental rights to her same-sex partner.
While same-sex sexual activity is legal in Louisiana following the U.S. Supreme Court decision in Lawrence v. Texas, the state lacks comprehensive anti-discrimination laws for sexual orientation and gender identity. Discrimination in employment based on sexual orientation and gender identity is prohibited due to Bostock v. Clayton County, but this protection does not extend to areas such as housing, healthcare, education, credit, or public accommodations. Surrogacy for same-sex couples is also highly restricted in Louisiana, with a 2016 bill only legalising gestational surrogacy for couples who are residents and use their own gametes.
Overall, while same-sex marriage has been legal in Louisiana since 2015, same-sex couples continue to face legal challenges and a lack of comprehensive anti-discrimination protections in various aspects of life, highlighting the ongoing struggle for LGBTQ+ rights in the state.
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Constitutional history: from 1812 to the present
The first Louisiana constitution was drafted on January 22, 1812, and Louisiana became a US state on April 30, 1812. The constitution was originally called the Constitution or Form of Government of the State of Louisiana. It was drafted in a bar and copied from other sources, including the Constitution of Kentucky. The 1812 constitution did not include a Bill of Rights, was based on civil law, and used parishes instead of counties. It reserved the right to vote and run for office for white men who owned land and paid property taxes. It also provided for the legislature to choose the governor from the two candidates who received the most votes.
In the years following the adoption of the 1812 constitution, Louisiana's history was marked by political fighting, corruption, and racial discrimination. The state's Reconstruction era ended with the election of Rutherford B. Hayes as President, and federal troops were withdrawn on April 29, 1877. White, conservative Democrats regained control of Louisiana, and a new constitution was adopted in 1879, further restricting the voting rights of freedmen. The state capital was moved from New Orleans to Baton Rouge, and the state Supreme Court was given supervisory power over inferior courts.
In 1898, another new constitution was developed and adopted. According to the series "Tilting the Scales" by Louisiana's newspaper of record, The Advocate, this constitution has been used to drive the incarceration of black people. In 2018, Louisiana voters amended the 1974 constitution to require unanimous future felony convictions.
The current Louisiana constitution was adopted during the Constitutional Convention in 1974 and ratified by voters on April 20, 1974. It became effective on January 1, 1975. The constitution establishes the rights of individuals, describes the distribution of power among state officials and local governments, and creates the state and city civil service systems. It also establishes a state lottery and outlines the manner of revising the constitution.
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Frequently asked questions
The Louisiana Constitution, last amended in 2024, is approximately 24,500 words long.
From 1978 to 2024, 321 proposed amendments were on the ballot, and 221 (68.84%) were adopted by voters.
Louisiana has had 11 constitutions. The current constitution was adopted in 1974 and amended in 2018 and 2024.
