Simone Lawson
The Louisiana Constitution, also known as the Constitution of the State of Louisiana, is the state constitution of Louisiana. The current constitution, adopted in 1974, is the state's 11th constitution. Louisiana's first constitution was drafted on January 22, 1812, and the state became a part of the Union on April 30, 1812, marking its statehood.
| Characteristics | Values |
|---|---|
| Date of the first constitution | 22 January 1812 |
| Date of the current constitution | 1974 |
| Number of constitutions | 11 |
| Number of proposed amendments | 321 |
| Number of amendments approved by voters | 221 |
| Date of the last approved amendments | 7 December 2024 |
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What You'll Learn
Louisiana's first constitution
The process leading up to the adoption of Louisiana's first constitution was marked by heated debates and political confrontations. There were disputes over the inclusion of the West Florida territory, with some arguing that it belonged to the Mississippi Territory. Others contended that any expansion without a popular vote was unconstitutional. Despite these differences, an agreement was eventually reached, and an identical bill was passed by a joint conference committee on April 6, 1812.
The drafting of Louisiana's first constitution began with the authorization from Congress in 1811 for the people of the Orleans Territory to form a constitution and state government. A constitutional convention was convened in New Orleans on November 4, 1811, and the delegates signed the first state constitution on January 22, 1812. President James Madison transmitted the proceedings and the constitution to Congress on March 4, 1812, paving the way for Louisiana's admission to the Union.
Since its first constitution in 1812, Louisiana has had multiple constitutions, reflecting the state's dynamic political landscape. The current constitution, adopted in 1974, is the state's 11th constitution. It outlines the rights of individuals, the distribution of power among state officials and local governments, and the operation of state institutions such as the lottery. It is a cornerstone of Louisiana's law and can be amended through legislative or convention-referred processes, both of which require voter approval.
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Louisiana statehood
The process of Louisiana statehood began with the Louisiana Purchase in 1803, when the United States bought the land from France. In 1804, the purchased land was divided into two territories: the Louisiana Territory (upper territory) and the area below the 33rd parallel (the current Louisiana-Arkansas state line).
In 1810, Senator William Giles of Virginia submitted a petition for statehood based on the ordinance of 1787. The senate passed the petition on April 27, 1810, and ordered the territory to assemble a convention to draft a constitutional amendment. On December 17, 1810, Representative Julien Poydras of the Orleans Territory petitioned for statehood based on Article III of the Louisiana Purchase, which included the territory of West Florida.
In 1811, Congress passed an act authorizing the people of the Orleans Territory to form a constitution and state government, with the admission of the state into the Union to take place once the constitution was approved by Congress. The constitutional convention convened in New Orleans on November 4, 1811, and on January 22, 1812, the delegates signed Louisiana's first state constitution. President James Madison transmitted the proceedings and constitution to Congress on March 4, 1812.
Louisiana officially became the 18th state on April 30, 1812, the ninth anniversary of the Louisiana Purchase. The name of the first new state west of the Mississippi was "Louisiana". The issue of West Florida was solved with statehood, but a border dispute with the western territory remained unresolved until the Adams-Onís Treaty of 1819.
Louisiana has had 11 constitutions since 1812, with the current one being adopted in 1974. The state constitution is the fundamental document that outlines a state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
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Louisiana's current constitution
The current constitution consists of a preamble and 14 articles. Article 1 is entitled the "Declaration of Rights" and consists of 27 sections. Article 2, "Distribution of Powers," outlines the distribution of governmental powers across the legislative, executive, and judicial branches. Article 3, "Legislative Branch," establishes the state legislature as the law-making body, while Article 4, "Executive Branch," establishes the executive department and outlines the duties of the Louisiana Governor.
Louisiana's first constitution was drafted on January 22, 1812, and the state became the 18th state on April 30, 1812. This initial constitution was modelled after the Constitution of Kentucky, with some key differences. Notably, it did not include a Bill of Rights, and the legal system was based on civil law rather than English common law. Additionally, it utilised parishes instead of counties.
Since 1978, 321 proposed amendments have been put to voters, with 221 (68.84%) being adopted. The most recent amendments were approved on December 7, 2024, with four new amendments being added. Louisiana's constitution can be amended through legislative or convention-referred processes, both of which require voter approval.
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Distribution of Powers
Louisiana's current constitution, commonly known as the Louisiana Constitution of 1974, is the eleventh version of the state constitution. It was adopted by constitutional convention in 1974, ratified by the voters of Louisiana on April 20, 1974, and became effective on January 1, 1975.
Article 2 of the Louisiana Constitution is entitled "Distribution of Powers" and consists of two sections. This article details the distribution of governmental powers between the three branches of state government: the legislative, executive, and judicial branches.
Section 1 of Article 2 states that the powers of the government of the state are divided into these three separate branches. Section 2 states that none of these branches, nor any person holding office in one of them, shall exercise power belonging to either of the others, unless otherwise provided by the constitution.
The legislative branch, which is the law-making body of the government, is covered in Article 3, which consists of 20 sections. The executive branch is covered in Article 4, which consists of 22 sections and establishes the executive department and lists the duties of the Louisiana Governor. The judicial branch is covered in Article 5, which consists of 35 sections.
Louisiana has had several constitutions since it became a state in 1812. The previous versions of the constitution were adopted in 1812, 1845, 1852, 1861, 1864, 1868, 1879, 1898, 1913, and 1921.
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Legislative Branch
The current Louisiana Constitution, also known as the Constitution of the State of Louisiana, was adopted in 1974 and is the state's 11th constitution. It was ratified by voters on April 20, 1974, and came into effect on January 1, 1975. The constitution outlines the distribution of powers between the legislative, executive, and judicial branches.
The Legislative Branch of the Louisiana Constitution is outlined in Article III, which consists of 20 sections. This article establishes the state legislature as the law-making body of the government.
Article III includes provisions for a "Legislative Auditor," who is responsible for auditing the fiscal records of the state and its agencies. The Legislative Auditor serves as a fiscal advisor to the legislature and is elected by a majority vote of the elected members of each house.
The Legislative Branch is responsible for passing laws and bills, with specific processes outlined in the constitution. All bills for raising revenue or appropriating money must originate in the House of Representatives, but the Senate may propose amendments. The constitution prohibits the passage of certain "local and special laws," such as those related to holding elections or changing the names of persons.
The legislature also has the power to suspend a law by following specific procedures and formalities. Additionally, the constitution outlines the process for reapportionment by the Supreme Court if the legislature fails to do so. Each house can judge the qualifications and elections of its members and determine its rules of procedure.
The Legislative Branch of the Louisiana Constitution provides a framework for the state legislature's powers and responsibilities, ensuring a balanced and effective law-making process.
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Frequently asked questions
The first Louisiana Constitution was written on January 22, 1812.
Louisiana has had 11 constitutions.
The current Louisiana Constitution is the 11th constitution and was adopted in 1974.
The Louisiana Constitution is the state constitution of Louisiana. It is the fundamental document that outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
From 1978 to 2024, 321 proposed amendments were on the ballot, and 221 (68.84%) were adopted by voters. Louisiana citizens are accustomed to almost constant voting on new additions to the state constitution.
