Simone Lawson
Indiana's current constitution, which took effect on November 1, 1851, is the state's second constitution. It superseded Indiana's first constitution, which was created in 1816, the year Indiana became a state. The 1851 constitution has been amended numerous times since its adoption. It was drafted in response to the state's growing population, diversifying economy, and increasing social complexity. The current constitution has 16 articles and has been amended 46 times since 1850.
| Characteristics | Values |
|---|---|
| Year Indiana's current constitution took effect | 1851 |
| Previous Constitutions | Indiana had two previous constitutions, one from 1816 and the other from 1818. |
| Key Features | - The 1851 Constitution established the state's legislative, executive, and judicial branches. - It introduced a bicameral legislature with a Senate and House of Representatives. - It provided for a part-time legislature, meeting biennially, and a weak governor with limited powers. - It included a bill of rights for Indiana citizens. |
| Amendments | The Indiana Constitution has been amended numerous times since its ratification. The process of amendment typically involves proposals by the General Assembly, which then require majority approval by voters in a statewide referendum. |
| Influence | Indiana's constitution has been influential in shaping the state's government structure and legal framework and has undergone changes to adapt to the evolving needs of the state and its residents. |
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What You'll Learn
Indiana's first constitution
The preamble to the original 1816 constitution reads:
> "We the Representatives of the people of the Territory of Indiana, in Convention met, at Corydon, on Monday the tenth day of June in the year of our Lord eighteen hundred and sixteen, and of the Independence of the United States, the fortieth, having the right of admission into the General Government, as a member of the union, consistent with the constitution of the United States, the ordinance of Congress of one thousand seven hundred and eighty seven, and the law of Congress, entitle 'An act to enable the people of the Indiana Territory to form a Constitution and State Government, and for the admission of such state into the union, on an equal footing with the original states' in order to establish Justice, promote the welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the government of said State."
The 1816 constitution served Indiana well during the earliest years of statehood, but over the next three decades, Indiana experienced significant changes. The population grew from approximately 64,000 in 1816 to 988,000 by 1850, the economy moved beyond pioneer subsistence to a more diverse system, and society became much more complex. As a result, Hoosiers recognized the need to rewrite their constitution to address these emerging issues and prepare the state for the future.
Indiana's current constitution, which took effect on November 1, 1851, is the state's second constitution and has been amended numerous times. It consists of 16 articles, including "Bill of Rights", "Suffrage and Election", "Distribution of Powers", "Legislative", "Executive", "Administrative", "Judicial", "Education", "State Institutions", "Finance", and "Corporations."
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The 1851 constitution
Indiana's current constitution, which came into effect on November 1, 1851, is the state's second constitution. It supersedes Indiana's first constitution, which was created in 1816, after the U.S. Congress agreed to grant statehood to the former Indiana Territory.
The constitution-making process began in December 1848 when Governor James Whitcomb, members of the General Assembly, and Indiana voters called for a constitutional convention. After the necessary legislation was approved in January 1849, the issue was put to a vote during the statewide elections of August 1849. The voters of Indiana supported the call for a convention by a margin of 81,500 to 57,418.
Delegates assembled in the Hall of the House of Representatives in Indianapolis on October 7, 1850, and deliberated for 127 days before completing their work on February 10, 1851. The resulting constitution was not a radical revision of the original document, but it addressed numerous concerns and problems that had emerged during the state's formative years. For example, the delegates adopted biennial sessions of sixty-one days for the General Assembly and limited special sessions to forty days to reduce the costs of state government and encourage concentrated legislative efforts.
Despite the improvements, the 1851 Constitution was criticised for its lax election laws, which led to accusations of voter fraud. Additionally, voters approved the exclusion of blacks from the state, indicating strong anti-black sentiment in Indiana at the time.
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Amending the 1816 constitution
Indiana's current constitution, which came into effect on November 1, 1851, is the state's second constitution. It supersedes Indiana's first constitution, which was created in 1816. The 1851 constitution has been amended several times since its adoption.
The 1816 constitution was never amended, although some of its provisions were criticised after its adoption. The most notable criticisms of the 1816 constitution were:
- Corydon's identification as the seat of state government for the next nine years.
- Inadequate provisions for amending the constitution.
- Prohibition of salary increases for state government officials until 1819.
- Term limits for judges.
- A failure to provide for the selection of a state attorney general or prosecuting attorney.
Some critics felt that decisions regarding these issues were the responsibility of the elected representatives to the state legislature. Others who opposed statehood at the time viewed the new state constitution as "premature". In the years following its adoption, rapid social change initiated the need to revise the state's constitution.
The 1851 constitution expanded the bill of rights included in the 1816 document, but it retained other features such as the basic framework of a limited self-government for the state. The 1851 version, which was longer and more detailed than the 1816 constitution, combined ""Jacksonian Democracy with a vigorous emphasis on economic laissez-faire," reflecting the state's financial crisis in the late 1830s and early 1840s.
The Indiana Constitution consists of 16 articles, including "Bill of Rights", "Suffrage and Election", "Distribution of Powers", "Legislative", "Executive", "Administrative", "Judicial", "Education", "State Institutions", "Finance", and "Corporations".
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Hoosier citizens' influence
Indiana's current constitution, which took effect on November 1, 1851, is the state's second constitution and has been amended several times. The constitution-making process was influenced by Hoosier citizens, who played an active role in shaping the state's foundational document.
Hoosier citizens have a long history of engagement with their state's constitution, dating back to Indiana's first constitution in 1816. Between 1820 and 1847, Hoosiers made fifteen attempts to call for a constitutional convention, succeeding five times in bringing the issue to a referendum vote. This demonstrates an early recognition of the need to adapt their governing document to changing circumstances.
The population growth, economic development, and increasing social complexity between 1816 and 1850 further emphasized the necessity for constitutional revision. Hoosiers understood that a new constitution was required to address the challenges and issues arising during this transformative period. Their efforts culminated in the successful convening of a constitutional convention in October 1850, which resulted in the creation of the current constitution.
The 1851 constitution reflects the values and priorities of Hoosier citizens at the time. It was dedicated to preserving popular democratic government and protecting the rights of its citizens, particularly adult white males. The constitution also included an expanded bill of rights, with 37 sections compared to the 10 provisions in the U.S. Constitution's Bill of Rights. This expansion highlights the importance Hoosiers placed on safeguarding individual liberties.
The influence of Hoosier citizens continued beyond the enactment of the 1851 constitution. Over the years, they have actively sought to amend and adapt the document to meet the specific needs of their time. The constitution has been amended numerous times, indicating a dynamic and responsive approach to governance. Hoosier citizens and legislators have utilized the provisions of Article 16 to ensure that their constitution remains relevant and reflective of the changing societal landscape.
In conclusion, the Hoosier citizens of Indiana have played a pivotal role in shaping their state's constitution. Their influence is evident in the adoption of the current constitution in 1851, as well as the subsequent amendments made to keep it current and responsive to the needs of Indiana's evolving society. The history of Indiana's constitution is a testament to the active engagement and dedication of its citizens to the principles of democracy and the protection of individual rights.
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Indiana's statehood
The 1816 constitution came into being after the U.S. Congress agreed to grant statehood to the Indiana Territory. This document served Indiana well during its early years as a state, addressing key principles such as religious freedom, trial by jury, open courts, protection against excessive fines and cruel punishment, freedom of contract, and prohibitions against slavery and involuntary servitude. It also emphasised the importance of education.
However, over time, Indiana underwent significant changes, including rapid population growth, economic diversification, and societal complexity. These transformations prompted calls for a revised constitution that could better address the challenges of a changing society. Between 1820 and 1847, Hoosiers made 15 attempts to convene a constitutional convention, with five of these efforts reaching a referendum vote. It was not until 1848, with the support of Governor James Whitcomb and the General Assembly, that the call for a new constitution gained widespread momentum.
The delegates assembled in October 1850 and, after 127 days of deliberations, produced a new constitution that was not a radical departure from the original but addressed specific concerns. This second constitution, which took effect on November 1, 1851, has been amended numerous times to keep pace with the evolving needs of Indiana's citizens.
The current Indiana Constitution, with its 16 articles, provides a framework for governance, outlining the powers, structure, and limitations of the state government, as well as individual and civil rights. It has been amended 46 times since 1850, with the most recent amendment approved by voters in November 2024.
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Frequently asked questions
Indiana's current constitution took effect on November 1, 1851.
The previous constitution was the first constitution of Indiana, created in 1816.
Between 1820 and 1847, there were 15 attempts to revise the constitution, with 5 referendums taking place. Indiana's population grew from 64,000 in 1816 to 988,000 by 1850, and the economy and society became more complex. A new constitution was needed to address these changes.
The 1816 constitution was created to gain statehood and focused on religious freedom, the right to trial by jury, open courts, and prohibitions against slavery and cruel or unusual punishment. The 1851 constitution was dedicated to preserving popular democratic government and the rights of citizens, with an expanded bill of rights.
Indiana has had two constitutions: the 1816 constitution and the current 1851 constitution.
