Jonah Patel
The Constitution of Indiana is the highest body of state law in the state, outlining the structure and function of the state and based on the principles of federalism and Jacksonian democracy. Indiana's constitution is subordinate only to the U.S. Constitution and federal law. The original 1816 constitution was created to establish Indiana's statehood and represented the more democratic views of the pro-statehood/anti-slavery faction. The present-day constitution, which went into effect in 1851, is the state's second constitution and has been amended several times. It provides protections against government infringement of liberty and includes a Bill of Rights with 37 sections, compared to the U.S. Constitution's 10 provisions.
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What You'll Learn
Indiana's 1816 constitution
The constitution emerged as a statement of the "values and beliefs" of Indiana's pioneer era and was similar to other state constitutions written around the same time, such as those of Ohio, Kentucky, Pennsylvania, New Hampshire, and Tennessee. Indiana's constitution was also influenced by the values of the anti-slavery and pro-statehood faction, which supported democracy, the election of state officials, and voting representation in Congress. The anti-slavery faction hoped to institute a constitutional ban on slavery.
The constitutional convention began on June 10, 1816, in Corydon, the territorial capital in Harrison County, with forty-two delegates, led by Jonathan Jennings, discussing statehood for Indiana. Benjamin Parke, the convention's forty-third delegate, arrived on June 14. Thirty-four of the elected delegates agreed on the issue of statehood. On June 11, the delegation passed a resolution to proceed with writing the state's first constitution and forming a state government. The delegates completed their work in nineteen days, adjourning on June 29, 1816, with the new constitution becoming effective the same day when it was signed. The total cost of the convention was $3,076.21, including compensating delegates and assistants, printing costs, and acquiring furniture and stationery.
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The anti-slavery/pro-democracy group
In June 1816, as delegates gathered in Corydon, slavery had become a divisive issue in the territory of Indiana. While the indenture law of 1805 had been repealed, slavery continued to exist within the state. Two major factions emerged: an anti-slavery/pro-democracy group led by Jonathan Jennings, and a pro-slavery/less democratic group led by allies of former territorial governor and future U.S. president William Henry Harrison.
The anti-slavery faction's views were reflected in Indiana's 1816 constitution, which became the most important document in the state's history. This document emerged from the constitutional convention as a statement of the "values and beliefs" of Indiana's pioneer era. The constitution was created after the U.S. Congress agreed to grant statehood to the former Indiana Territory. It was not submitted to Indiana's voters for ratification but was adopted with a simple majority vote (33 to 8) and became effective on June 29, 1816, when the delegates signed it.
Indiana's current constitution dates to 1851, replacing the 1816 constitution. It provides even more protection against government infringement of liberty than the U.S. Constitution. For example, while the Bill of Rights in the U.S. Constitution has 10 provisions, Indiana's bill of rights has 37 sections. Indiana's constitution establishes the structure and function of the state and is based on the principles of federalism and Jacksonian democracy. It is considered the highest body of state law in Indiana, subordinate only to the U.S. Constitution and federal law.
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Statehood and democracy
Indiana's 1816 constitution, considered the most important document in the state's history, represented the more democratic views of the pro-statehood/anti-slavery faction. The document emerged from the constitutional convention as a statement of the "values and beliefs" of Indiana's pioneer era. The constitution was created after the U.S. Congress agreed to grant statehood to the former Indiana Territory.
The anti-slavery faction preparing for statehood hoped to institute a constitutional ban on slavery. Supporters of Indiana statehood (the pro-Jennings faction) favoured democracy, the election of state officials, and voting representation in Congress. Jonathan Jennings, who presided over the convention and was later elected the first governor of Indiana, appointed the delegates to various committees.
The delegates completed their work on the constitution in nineteen days, adjourning on June 29, 1816. The new constitution became effective on the last day of the convention when the delegates signed the document. It was not submitted to Indiana's voters for ratification. Indiana's 1816 constitution was superseded by the 1851 constitution, which is still in place today.
Indiana's current constitution dates to 1851, which replaced an earlier constitution that had been utilized to obtain statehood. The 1851 constitution has had numerous amendments since. The 1851 Constitution includes a Bill of Rights with 38 sections, which is more than the 10 provisions in the U.S. Constitution. The Indiana Constitution also provides more protection against government infringement of liberty than the U.S. Constitution.
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The Bill of Rights
Indiana's 1816 constitution, considered the most important document in the state's history, represented the more democratic views of the pro-statehood/anti-slavery faction. The document emerged from the constitutional convention as a statement of the "values and beliefs" of Indiana's pioneer era. The constitution establishes the structure and function of the state and is based on the principles of federalism and Jacksonian democracy. Indiana's constitution is subordinate only to the U.S. Constitution and federal law.
The Indiana Constitution's Bill of Rights, consisting of 37 sections, provides even more protection against government infringement of liberty than the U.S. Constitution.
Section 1 of the Bill of Rights declares that all people are created equal and endowed by their Creator with certain inalienable rights, including life, liberty, and the pursuit of happiness. It also affirms that all power is inherent in the people and that governments are instituted by them for their peace, safety, and well-being. People have the right to alter and reform their government to achieve these ends.
Section 2 guarantees religious freedom, securing the natural right of all people to worship according to their own consciences.
Section 11 protects the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures. It also establishes the requirement for warrants based on probable cause and particular descriptions of the places to be searched and items to be seized.
Section 12 ensures open courts and access to justice for all, guaranteeing remedies for injuries and the free administration of justice without delay.
Section 14 states that no person shall be put in jeopardy twice for the same offence and protects individuals from self-incrimination in criminal prosecutions.
Section 15 prohibits the treatment of arrested or jailed individuals with unnecessary rigor, while Section 16 forbids excessive bail, fines, and cruel and unusual punishments. It also mandates that penalties be proportionate to the nature of the offence.
Section 17 specifies that offences, except murder or treason, shall be bailable by sufficient sureties.
Section 25 asserts that no law shall be passed unless it conforms to the provisions of the Constitution.
Section 26 states that the operation of laws can only be suspended by the authority of the General Assembly.
Section 27 protects the privilege of the writ of habeas corpus, except in cases of rebellion or invasion when public safety demands it.
Section 28 defines treason against the State as levying war against it or aiding its enemies.
Section 29 ensures that no person shall be convicted of treason without the testimony of two witnesses or a confession in open court.
Section 30 states that no conviction shall result in corruption of blood or forfeiture of estate.
Section 31 guarantees the right of the people to assemble peacefully and instruct their representatives without restraint.
The Indiana Constitution's Bill of Rights, with its 37 sections, offers a comprehensive framework for protecting the rights and liberties of Hoosiers, often providing stronger safeguards than the U.S. Constitution.
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The right to bear arms
While the right to bear arms is guaranteed in Indiana, there are several restrictions on firearm possession and use. For example, it is illegal to carry a firearm on a commercial airplane, in the controlled section of an airport, on a riverboat gambling cruise, at the Indiana State Fair, in courthouses, and in certain government buildings. Additionally, private businesses may restrict or forbid firearms on their properties, and municipalities may regulate the discharge of firearms, making it illegal to discharge a firearm within city limits.
Indiana is a "shall-issue" state for handgun carry licences, meaning a licence to carry will be issued to individuals aged 18 or older who meet certain legal requirements. Both limited-term and unlimited lifetime licences are available. As of July 1, 2022, constitutional carry took effect, allowing both open and concealed carry without a permit for residents and non-residents. However, there are grounds for disqualification, including convictions for felonies or misdemeanour domestic battery, and documented substance abuse within a certain time frame.
Indiana has also taken steps to address concerns about gun violence and public safety. For example, the state's Uniform Firearms Act prohibits carrying a pistol without a licence, except in one's home or fixed place of business. Additionally, the police may temporarily confiscate firearms from individuals who are deemed dangerous or at risk of harming themselves or others, and individuals barred from firearm possession due to domestic battery convictions may petition the court for restoration of their rights after five years.
While Indiana's constitution protects the right to bear arms, it is important to note that this right is not absolute and is subject to reasonable regulations to ensure public safety and welfare. The interpretation and enforcement of this right have evolved over time, with courts playing a significant role in balancing the rights of individuals with the need to protect the wider community.
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Frequently asked questions
The Indiana Constitution establishes the structure and function of the state and is based on the principles of federalism and Jacksonian democracy.
Indiana's first constitution was created in 1816, after the U.S. Congress agreed to grant statehood to the former Indiana Territory. The present-day document, which went into effect on November 1, 1851, is the state's second constitution.
The Indiana Constitution includes a Bill of Rights, which provides protection against government infringement of liberty, and articles on Suffrage and Election, Distribution of Powers, Legislative, Executive, Administrative, and Judicial matters, among others.
The Indiana Constitution is subordinate only to the U.S. Constitution and federal law. In some respects, it provides more protection against government infringement of liberty than the U.S. Constitution, with a more extensive Bill of Rights.
