Isabella Carter
The Louisiana Constitution, formally known as the Constitution of the State of Louisiana, is the cornerstone of the law of Louisiana. Louisiana has had 10 constitutions since 1812, with the current constitution being adopted in 1974. The preamble to the Louisiana Constitution is part of Article 1: Declaration of Rights, which includes sections on the rights of the individual, due process, equal protection, and the rights of the accused.
| Characteristics | Values |
|---|---|
| Name | Constitution of the State of Louisiana |
| Other Names | Constitution of 1974, Constitution of Louisiana of 1974 |
| Date Adopted | 1974 |
| Date Ratified | April 20, 1974 |
| Date Effective | January 1, 1975 |
| Number of Articles | 14 |
| Number of Amendments | 221 |
| Number of Sections in Article 2 | 2 |
| Number of Sections in Article 3 | 20 |
| Number of Sections in Article 4 | 22 |
| Number of Sections in Article 5 | 35 |
| Number of Sections in Article 8 | 16 |
| Number of Sections in Article 9 | 10 |
| Number of Sections in Article 10 | 51 |
| Number of Sections in Article 11 | 5 |
| Number of Constitutions Since 1812 | 10 |
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What You'll Learn
Louisiana's 11 constitutions
The Louisiana Constitution is the foundation of the state's legal system, and since achieving statehood in 1812, Louisiana has had 11 constitutions. The preamble to the Louisiana Constitution sets out the principles and values that underpin the document and guides the state's laws. Here is an overview of Louisiana's constitutional history:
The first constitution was adopted in 1812, shortly after Louisiana became a state. This constitution established a strong executive branch with a governor and a legislature consisting of a Senate and House of Representatives. It also guaranteed certain rights, such as freedom of religion, speech, and the press. However, this document was criticized for concentrating too much power in the hands of the governor and for not providing enough protection for individual liberties.
In 1845, Louisiana adopted its second constitution, which made several important changes. It established a system of public education, provided for the popular election of senators (moving away from their previous appointment by the legislature), and introduced a bill of rights that guaranteed additional freedoms and protections for citizens.
The third constitution of 1852 made further amendments, including the expansion of the bill of rights and the introduction of a secret ballot system for elections. This constitution also addressed issues related to slavery, which was a divisive topic at the time, and it unfortunately included provisions that protected and upheld the practice.
The fourth constitution of 1864 was drafted during the Reconstruction Era following the Civil War. This document abolished slavery, established universal male suffrage regardless of race, and created a Supreme Court for the state. However, this constitution was short-lived due to the instability of the post-war period.
The fifth constitution was adopted in 1868 and included further protections for African Americans, guaranteeing their right to vote, hold office, and serve on juries. It also established a system of public education for all races. Unfortunately, this constitution was viewed by some as too radical, and it was ultimately replaced in 1879.
The sixth constitution of 1879 sought to find a balance between the interests of different factions in the state. It introduced a bicameral legislature, with both a Senate and a House of Representatives, and made some changes to the judicial system.
The seventh constitution was adopted in 1898 and remained in effect for nearly half a century. This document included provisions for initiative and referendum, allowing citizens to propose laws and approve or reject laws passed by the legislature.
The eighth constitution of 1913 made only minor changes to the previous one. However, it was under this constitution that the state's oil and gas industry flourished, bringing significant economic growth to Louisiana.
The ninth constitution was adopted in 1921 and introduced a number of reforms, including the establishment of a State Board of Education and a Department of Highways. It also made some changes to the election process, such as introducing primaries for state and local elections.
The tenth constitution was enacted in 1974 and is the longest to date, consisting of a detailed framework for state government. It includes provisions for home rule, which gives local governments more autonomy, and it establishes a number of new departments and agencies to address the state's evolving needs.
Finally, the eleventh and current constitution was ratified in 2012. This document makes it easier to amend the constitution through a majority vote of the legislature, followed by voter approval. It also includes a strong bill of rights and provisions for a balanced budget.
Throughout its history, Louisiana's constitutions have evolved to reflect the changing needs and values of its citizens, addressing issues such as education, voting rights, and the role of government. Each constitution has played a significant role in shaping the state's legal landscape and continues to guide its laws and policies today.
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The 1974 constitution
The current Louisiana Constitution, commonly known as the Constitution of 1974, is the cornerstone of the state's law. It ensures the rights of individuals, outlines the distribution of power among state officials and local governments, establishes the state and city civil service systems, and defines the operation of a state lottery. The document also outlines the process for revising the constitution.
The Constitution of 1974 was adopted during the Constitutional Convention in 1974, ratified by Louisiana voters on April 20, 1974, and came into effect on January 1, 1975. This was the 11th constitution of the state, succeeding the 1921 Constitution. The 1974 Constitution contains 14 articles, which are further divided into parts and sections.
Article 2, "Distribution of Powers," details the distribution of governmental powers across the legislative, executive, and judicial branches. Article 3, "Legislative Branch," establishes the state legislature as the primary law-making body, while Article 4, "Executive Branch," establishes the executive department and outlines the duties of the Louisiana Governor. Article 5, "Judicial Branch," further delineates the structure and functions of the judicial system.
Article 7, "Revenue and Finance," covers various aspects of revenue and taxation, including property taxation and the authority to assess and collect taxes. Article 8, "Education," outlines the foundation of Louisiana's public school system, while Article 9, "Natural Resources," addresses the use and preservation of the state's natural resources. Article 10, "Public Officials and Employees," provides details on public officials and employees, including their roles and responsibilities.
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Distribution of powers
The Louisiana Constitution is the state constitution of Louisiana. It is the cornerstone of the law of Louisiana, ensuring the rights of individuals and outlining the distribution of power and duties of state officials and local government. Louisiana has had 10 constitutions since 1812, and the current constitution, commonly called the Louisiana Constitution of 1974, is the 11th. It was adopted during the Constitutional Convention in 1974, ratified by the voters of the state on April 20, 1974, and became effective on January 1, 1975.
Article 2 of the Louisiana Constitution of 1974 is entitled "Distribution of Powers" and consists of two sections. This article details the distribution of governmental powers between the three branches of government: the legislative, executive, and judicial branches.
The legislative branch, established in Article 3, is the law-making body of the government. It consists of 20 sections that outline the powers and duties of the state legislature. The executive branch, outlined in Article 4, consists of 22 sections that establish the executive department and list the duties of the Louisiana Governor. The judicial branch, detailed in Article 5, consists of 35 sections that outline the structure and functions of the judicial system.
The distribution of powers between these three branches of government is a fundamental principle of the Louisiana Constitution, ensuring a balance of power and providing a framework for governance. It is designed to prevent the concentration of power in a single branch and to protect the rights and freedoms of the people of Louisiana. This distribution of powers also allows for a system of checks and balances, where each branch has the ability to limit the power of the other branches and hold them accountable, promoting a more effective and responsive government.
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Public officials and employees
Article 10 of the Louisiana Constitution, which is entitled "Public Officials and Employees", consists of 51 sections that outline the responsibilities and duties of public officials and employees.
Section 3 of Article 10 establishes the State Civil Service Commission, which is domiciled in the state capital and composed of seven members who are electors of the state. Four of these members constitute a quorum, and no more than one appointed member can be from each congressional district. The governor appoints the members for overlapping terms of six years.
Section 4 of Article 10 establishes a city civil service commission in each city with a population exceeding 400,000. Each commission is domiciled in the city it serves and is composed of five members who are electors of the city. Three members constitute a quorum, and they serve overlapping terms of six years.
Additionally, Section 30 of Article 10 outlines the oath that every official must take:
> I, [name], do solemnly swear (or affirm) that I will support the constitution and laws of the United States and the constitution and laws of this state and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as [office], according to the best of my ability and understanding, so help me God.
The Louisiana Constitution, also known as the Constitution of the State of Louisiana or the Constitution of 1974, is the cornerstone of the state's law. It ensures the rights of individuals, outlines the distribution of power among state officials and local governments, and establishes the state and city civil service systems. The current constitution is the state's 11th constitution and was adopted in 1974, ratified by voters on April 20, 1974, and became effective on January 1, 1975.
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Louisiana's statehood
The Louisiana Constitution's preamble sets out the principles and values that underpin the state's legal framework and governance. It establishes the basis for the rights, responsibilities, and organization of the state and its people. The preamble is an introductory statement that captures the essence of the constitution and the intentions of its framers.
Louisiana has a rich and complex history that led to its statehood. It became the 18th state to enter the Union on April 30, 1812. The path to statehood was unique, as it involved a series of transactions and political maneuvers that shaped the state's borders and cultural identity. The state's diverse cultural heritage, including French, Spanish, African, and Native American influences, also played a significant role in its development.
The region that became Louisiana was originally inhabited by indigenous tribes, including the Choctaw, Natchez, and Houma. The first European explorers arrived in the 16th century, and the area became a focal point for colonial powers due to its strategic location along the Mississippi River and its access to the Gulf of Mexico. The French established the first European settlement in 1682, naming it La Louisiane in honor of King Louis XIV.
Over time, the territory changed hands several times, passing between French and Spanish control before eventually being acquired by the United States as part of the Louisiana Purchase in 1803. This purchase, negotiated by President Thomas Jefferson, doubled the size of the young nation and set the stage for Louisiana's statehood. The process of achieving statehood, however, was not without its challenges.
In the early 19th century, the territory of Orleans, which encompassed much of present-day Louisiana, began the process of seeking statehood. The Orleans Territory was established in 1804, with its capital in New Orleans, and this territory would eventually become the core of the future state. William C.C. Claiborne, appointed by President Jefferson, served as the first governor of the Orleans Territory. He played a pivotal role in laying the groundwork for statehood, including establishing a functional civil government and drafting a territorial constitution.
The journey to statehood was formalized in 1811 when a constitutional convention was convened in New Orleans. Delegates from across the territory gathered to draft and ratify a constitution for the proposed state. This constitution, which included a bill of rights and outlined the structure of the state government, served as the foundation for Louisiana's legal system. On April 30, 1812, Louisiana officially became a state, with William C.C. Claiborne continuing as its first governor.
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Frequently asked questions
The Preamble of the Louisiana Constitution is the introductory statement that outlines the purpose and guiding values of the constitution. It sets the tone and provides context for the rights, responsibilities, and principles outlined in the constitution.
The Louisiana Constitution, also known as the Constitution of 1974, serves as the cornerstone of Louisiana's law. It ensures the rights of individuals, outlines the distribution of power among state officials and local governments, establishes civil service systems, and details the process for constitutional amendments.
Louisiana has had a total of 11 constitutions since 1812, with the current one being adopted in 1974. The state's constitutions have changed frequently due to various political reasons.
The Louisiana Constitution consists of 14 articles that cover a range of topics. Notable articles include Article 1: Declaration of Rights, Article 2: Distribution of Powers, Article 3: Legislative Branch, Article 5: Judicial Branch, Article 8: Education, and Article 9: Natural Resources.
