Malcolm Rivera
Louisiana has had a total of 11 constitutions, with the current one being ratified in 1974. The first Louisiana Constitution was drafted on January 22, 1812, and the state became a part of the Union on April 30, 1812. The constitution was drafted by convention members Elegius Fromentin and Alan B. Magruder, who delivered official copies in English and French to President Madison and Congress. The 1812 constitution was based on the Constitution of Kentucky, with a few key differences.
| Characteristics | Values |
|---|---|
| Date of the first constitution | 1812 |
| Number of people involved in drafting | 43 |
| Language of the drafters | English and French |
| Number of current articles | 14 |
| Number of proposed amendments since 1978 | 321 |
| Number of amendments adopted by voters since 1978 | 221 |
| Date of the last amendment | December 7, 2024 |
| Number of total state constitutions | 11 |
| Date of the previous constitution | 1974 |
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What You'll Learn
The first draft
Louisiana has had a long and complex constitutional history, with the state adopting 10 or 11 constitutions since it joined the Union in 1812. The first constitution was drafted on January 22, 1812, and was approved by President Madison, with Louisiana becoming the 18th state on April 30, 1812.
The 1812 constitution was based on 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, not English common law. The use of parishes instead of counties was another distinguishing feature. The 1812 constitution was a brief document outlining the state's organizing principles, and it served as the foundation for many institutions that still exist today.
In the years that followed, Louisiana's constitutional history was marked by frequent changes and amendments, often driven by political reasons. The state's unique legal order, blending Anglo-American and European legal precepts, also contributed to the need for constitutional revisions. The constitutions of 1845, 1852, and 1861 (also known as the "Confederate Constitution") were adopted before the Civil War.
The 1868 constitution, adopted after the war, was significant for being the first in Louisiana to include a formal Bill of Rights. It granted full citizenship and equal civil and political rights to Black men, established integrated public schools, recognized married women's property rights, and provided pensions for veterans of the War of 1812. This constitution also removed property qualifications for holding office and disempowered former Confederates.
Subsequent constitutions were adopted in 1879, 1898, 1913, and 1921, with the current constitution being the 11th and adopted in 1974. The 1879 constitution, for instance, further restricted the voting rights of freedmen and moved the state capital to Baton Rouge. The 1898 constitution entrenched white supremacy and solidified the Democratic Party's rule in the state. The 1913 constitution, on the other hand, was hastily drafted and resulted in a confusing document that referenced past statutes instead of providing full texts.
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The petition for statehood
Louisiana has had a long and complex journey to statehood, with multiple constitutions adopted over time. The petition for statehood was first submitted in March 1810 by Senator William Giles of Virginia, 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. This led to the development of the first Louisiana Constitution in 1812.
The territory of Louisiana, which had been acquired by the United States from France in 1803, was initially administered as part of the Orleans Territory. However, in 1810, President James Madison incorporated the area of West Florida into the Orleans Territory, prompting further petitions for statehood. Representative Julien Poydras, also from the Orleans Territory, petitioned for statehood based on Article III of the Louisiana Purchase on December 17, 1810. This was followed by a petition from U.S. Representative Nathaniel Macon on December 27, based on the inclusion of the territory of West Florida.
The debates around statehood for Louisiana were heated, with strong opinions on the status of the West Florida territory and the constitutionality of expansion without a popular vote. These discussions culminated in the adoption of the first Louisiana Constitution in 1812, marking the territory's admittance into the Union as the eighteenth state on April 30, 1812. This constitution was modelled after the Constitution of Kentucky, with a few key differences: it did not include a Bill of Rights, it followed Civil law instead of English Common Law, and it utilised parishes instead of counties.
The 1812 constitution served as the foundation for many institutions that continue to exist in Louisiana today. It blended Anglo-American and European legal precepts, shaping a unique legal order for the state. However, as the years progressed, the constitution struggled to keep pace with the evolving realities of the state. This dynamic landscape led to the subsequent adoption of multiple constitutions, each reflecting the political and social shifts of the time.
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The bill of rights
Louisiana has had 10 constitutions since 1812, with the current governing document dating to 1974—its 11th constitution. The first constitution of Louisiana was drafted on January 22, 1812, and the state became a part of the Union on April 30, 1812. This constitution resembled other state constitutions of the time and was a brief specification of organizing principles. Notably, it did not include a Bill of Rights.
The Louisiana Constitution of 1812 was followed by several other constitutions in 1845, 1852, 1861, 1864, 1868, 1879, 1898, 1913, and 1921. The 1868 constitution was the first in Louisiana to provide a formal bill of rights. It granted full citizenship to Black men, giving them equal civil and political rights, and it established integrated public schools. However, the period from 1868 to 1879 was marked by violence against freedmen, and the 1879 constitution placed more limits on the voting rights of freedmen.
The 1898 constitution legitimized white supremacy and fixed the Democratic Party as the ruler of the state. The 1913 constitution, written in a hasty 15-day convention, was considered a fiasco and resulted in a confusing document. The 1921 constitution was eventually scrapped because it was considered too big.
Louisiana's current constitution, adopted in 1974, has been frequently modified. Louisiana citizens are accustomed to almost constant voting on new additions to the state constitution. The state constitution can be amended through legislative or convention-referred constitutional amendments, both of which require voter approval.
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The ratification process
Louisiana's current constitution, adopted in 1974, is its 11th constitution. The state has had a total of 11 constitutions since it became a US state in 1812. The 1974 constitution was ratified by the voters of Louisiana on April 20, 1974, and became effective on January 1, 1975.
The first Louisiana constitution was drafted on January 22, 1812, and was ratified on April 30, 1812—the ninth anniversary of the Louisiana Purchase. The constitution was based on the Constitution of Kentucky, with three key differences: it did not include a Bill of Rights; the system of law was based on civil law instead of English common law; and it used parishes instead of counties.
The second Louisiana constitution was adopted in 1845. The third was adopted in 1852, followed by the fourth in 1861, the fifth in 1864, and the sixth in 1868. The 1868 constitution was the first in Louisiana to include a formal Bill of Rights. It also established integrated public schools, secured property rights for married women, and granted pensions to veterans of the War of 1812.
The seventh Louisiana constitution was adopted in 1879, followed by the eighth in 1898, the ninth in 1913, and the tenth in 1921. The 1913 constitution was a recodification of the 1898 constitution and was not submitted to voters for ratification.
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The impact on the state
Louisiana's first state constitution was drafted on January 22, 1812, and became a US state on April 30, 1812—the ninth anniversary of the Louisiana Purchase. The constitution was based on the Constitution of Kentucky, with a few differences. Notably, it did not include a Bill of Rights, its system of law was based on civil law instead of English common law, and it used parishes instead of counties.
The impact of this first constitution on the state was significant. Firstly, it established Louisiana as a distinct political entity, setting out the framework for its governance and outlining the powers, structure, and limitations of its government. It also determined the state's legal system, which, to this day, remains based on civil law rather than English common law. This had, and continues to have, a profound impact on the state's legal landscape, setting it apart from other US states that predominantly follow the English common law system.
Another important impact of the first constitution was the establishment of parishes instead of counties. This unique administrative division sets Louisiana apart from other states and has influenced the state's cultural and political identity. Parishes function similarly to counties in other states, providing local government services and representing communities at the local level.
The absence of a Bill of Rights in the first constitution also had implications for the protection of individual liberties in the state. This omission was later addressed in the 1868 constitution, which was the first in Louisiana to include a formal Bill of Rights. This document secured full citizenship for Black men, granting them equal civil and political rights, and it also established integrated public schools, funded by a poll tax.
The constitutions that followed, in 1879 and beyond, continued to shape the state's political and legal landscape, often in response to significant social and political changes. For example, the 1879 constitution was adopted after a period of dual government and increasing violence, and it returned Louisiana to home rule. This constitution also placed further limits on the voting rights of freedmen, reflecting the political tensions of the time. Violence against freedmen marked the period between 1868 and 1879, with events such as the Colfax massacre and the Coushatta Massacre demonstrating the denial of constitutional rights to African Americans.
In summary, the first Louisiana Constitution of 1812 had a lasting impact on the state, establishing its legal and administrative foundations and setting it on a unique path among US states. The subsequent constitutions built upon and amended these foundations, reflecting the evolving needs and challenges of the state.
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Frequently asked questions
The first Louisiana Constitution was drafted by convention members Elegius Fromentin and Alan B. Magruder.
The first Louisiana Constitution was drafted on January 22, 1812, and it was approved on April 30, 1812, when Louisiana became the eighteenth state to join the Union.
The first Louisiana Constitution was based on the Constitution of Kentucky with three key differences. It did not include a Bill of Rights, the system of law was based on Civil law instead of English Common law, and it used parishes instead of counties.
