Eleanor Finch
Indiana's present-day constitution, which came into effect on November 1, 1851, is the state's second constitution. It supersedes Indiana's first constitution, which was drafted in 1816, and has been amended numerous times since its initial adoption.
| Characteristics | Values |
|---|---|
| Year written | 1851 |
| Previous constitution | 1816 |
| Number of amendments | 46 |
| Number of articles | 16 |
| Date of last amendment | November 5, 2024 |
| Date of adoption | November 1, 1851 |
| Date of ratification | February 25, 1851 |
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What You'll Learn
Indiana's first constitution was written in 1816
The 1816 constitution is considered the most important document in the state's history, representing the more democratic views of the pro-statehood/anti-slavery faction. It emerged from the constitutional convention as a statement of the "values and beliefs" of Indiana's pioneer era. The document served Indiana well for thirty-five years, but as the state underwent numerous changes in the following decades, it was recognised that a new constitution was needed to address the problems and issues that had emerged.
The 1816 constitution forbade slavery and incorporated an advanced concept of state responsibility for public education. It also provided for the election of state officers, with Jonathan Jennings elected as governor, Christopher Harrison as lieutenant governor, and William Hendricks to the U.S. House of Representatives. The Indiana General Assembly met for the first time under the new constitution and state government on November 4, 1816.
The 1816 constitution was similar to the constitutions of other states written around the same time, including Ohio, Kentucky, Pennsylvania, New Hampshire, and Tennessee. The delegates to the Indiana constitutional convention referred to these other state constitutions for ideas, concepts, and specific text, occasionally composing original text when the wording of other constitutions was insufficient.
The present-day Indiana constitution, which went into effect on November 1, 1851, is the state's second constitution and supersedes the 1816 constitution. It has had numerous amendments since its initial adoption.
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The 1851 constitution is Indiana's second
Indiana's current constitution, which came into effect on November 1, 1851, is the state's second constitution. It replaced Indiana's 1816 constitution, which was created after the US Congress agreed to grant statehood to the former Indiana Territory.
The 1851 constitution was drafted at the 1850-1851 convention and was easily ratified by Indiana voters. It has been amended numerous times since its initial adoption, including changes to gender-neutral language and the removal of the Superintendent of Public Instruction from the Gubernatorial Line of Succession, which was passed at the last general election. The constitution consists of a preamble, 16 articles, and amendments.
The 1851 constitution extended voting rights to foreign immigrants who intended to become US citizens and had resided in the country for a year and in Indiana for six months. However, suffrage was still denied to women and Black people. The constitution also legitimised a special form of racism in Article 13, which stated, "No negro or mulatto shall come into or settle in the State, after the adoption of this Constitution." This reflected the growing antipathy of Hoosiers towards Black people due to increased tensions over slavery and the fear of racial intermixing.
The 1851 constitution also addressed the role of government in public education, an area where Indiana has chosen to preserve values and institutions that are not in the federal Constitution. It adopted biennial sessions of 61 days for the General Assembly and limited special sessions to 40 days to reduce government costs and encourage concentrated legislative efforts.
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The 1850-1851 convention drafted the constitution
Indiana's 1816 constitution, considered the most important document in the state's history, represented the democratic views of the pro-statehood and anti-slavery faction. It was created after the US Congress agreed to grant statehood to the former Indiana Territory. However, over the next three decades, Indiana's population grew, its economy diversified, and its society became more complex. As a result, the need to rewrite the constitution became evident to address the problems that emerged during these years and to prepare the state for the future.
The 1851 constitution also included Article 13, which stated, "No negro or mulatto shall come into or settle in the State, after the adoption of this Constitution." This reflected the growing antipathy of Hoosiers toward black people due to increased tensions over slavery and the fear of racial intermixing. It also demonstrated the strength of the exclusion and colonization movements, which sought to remove black people to Africa.
The 1851 constitution has been amended several times since its adoption. Indiana's constitution is composed of a preamble, articles, and amendments. It establishes the structure and function of the state and is based on the principles of federalism and Jacksonian democracy.
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The constitution was ratified by Indiana voters
Indiana's present-day constitution, which came into effect on November 1, 1851, is the state's second constitution. It was ratified by Indiana voters and superseded the state's first constitution, which was created in 1816.
The 1851 constitution was drafted at the 1850-1851 convention and has been amended numerous times since its initial adoption. The constitution extended the right to vote to foreign immigrants if they intended to become US citizens and had resided in the country for a year and in Indiana for six months. However, the right to vote was still denied to women and Black people. The constitution also included a provision that stated, "No negro or mulatto shall come into or settle in the State, after the adoption of this Constitution." This reflected the growing anti-Black sentiment in Indiana at the time due to increased tensions over slavery and the fear of racial intermixing.
The 1851 constitution also addressed several concerns that had emerged during the state's formative years. For example, it prohibited the General Assembly from incurring debt except in specific circumstances, such as meeting casual deficits in revenue or repaying interest on state debt. This provision aimed to address the financial failures caused by the Mammoth Internal Improvements Act of 1836. The constitution also adopted biennial sessions of 61 days for the General Assembly and limited special sessions to 40 days to reduce government costs and encourage concentrated legislative efforts.
Indiana's 1816 constitution, considered the most important document in the state's history, represented the democratic values and beliefs of Indiana's pioneer era. It was similar to the constitutions of other states written around the same time, such as Ohio, Kentucky, Pennsylvania, New Hampshire, and Tennessee. The 1816 constitution served Indiana well during its early years of statehood, but as the state underwent significant demographic, economic, and social changes over the next three decades, it became necessary to revise the document.
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The constitution has been amended 46 times since 1850
Indiana's present-day constitution, which came into effect on November 1,
The 1851 Constitution extended the right to vote to foreign immigrants who intended to become US citizens and had resided in the country for a year and in Indiana for six months. However, the right to vote was still denied to women and Black people. The constitution also legitimized a special form of racism in Article 13, which stated: "No negro or mulatto shall come into or settle in the State, after the adoption of this Constitution." This reflected the growing anti-Black sentiment among Hoosiers due to increased tensions over slavery and the fear of racial intermixing.
The 1851 Constitution also addressed several concerns that had emerged during the state's formative years. For example, it prohibited the General Assembly from incurring any debt except to meet casual revenue deficits, pay interest on the state debt, or address invasions or insurrections. This provision aimed to rectify the financial failures caused by the Mammoth Internal Improvements Act of 1836.
The 1851 Constitution also established biennial sessions of 61 days for the General Assembly and limited special sessions to 40 days. This measure was intended to reduce state government costs and encourage the Assembly to focus on concentrated legislative efforts, preventing representatives from engaging in unnecessary or questionable "special interest" and local legislation.
The Indiana Constitution has been amended 46 times since 1850. Voters most recently approved a new amendment on November 5, 2024, removing the Superintendent of Public Instruction from the Gubernatorial Line of Succession.
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Frequently asked questions
The present Indiana Constitution was written in 1851.
The previous Indiana Constitution was the state's first constitution, written in 1816.
Between 1816 and 1851, Indiana's population grew from approximately 64,000 to 988,000, the economy moved beyond pioneer subsistence to a more diverse system, and society became much more complex. These changes meant that Hoosiers recognized the need to rewrite their constitution to address the problems and issues that had emerged during these early years and to prepare the state for the future.
