Malcolm Rivera
Louisiana's first constitution was signed on January 22, 1812, by delegates of the Orleans Territory. This was after Congress passed an act in 1811 to authorize the people of the Orleans Territory to form a constitution and state government. The constitution was drafted after much debate, and Louisiana became a US state on April 30, 1812, marking the ninth anniversary of the Louisiana Purchase. This was a seminal moment for the United States, as the $15 million deal with France promoted by President Thomas Jefferson doubled the country's size. There were, however, questions about the constitutionality of the purchase, as there was no provision empowering the president to purchase territory.
| Characteristics | Values |
|---|---|
| Date of signing | January 22, 1812 |
| Place of signing | New Orleans |
| Date of adoption | March 7, 1868 |
| Type of law | Civil law |
| Parish system | Yes |
| Bill of Rights | No |
| Voting rights | Limited for freedmen |
| State capital | Baton Rouge |
| Supreme Court members | 5 |
| Term of Supreme Court members | 12 years |
Explore related products
$1.99 $13.99
What You'll Learn
The first constitution was signed on January 22, 1812
On January 22, 1812, the delegates signed Louisiana's first state constitution. This came after Congress passed an act in 1811 to authorize the people of the Orleans Territory to form a constitution and state government. The constitution was drafted and signed after the constitutional convention convened in New Orleans on November 4, 1811. Louisiana's first constitution was modelled after the Constitution of Kentucky, with a few differences. For example, it did not include a Bill of Rights, and the system of law was based on civil law instead of English common law.
The signing of the first constitution was a significant step in the process of Louisiana becoming a state. On April 30, 1812, Louisiana was admitted as the first new state west of the Mississippi. This was the ninth anniversary of the Louisiana Purchase, which had doubled the size of the United States. The Louisiana Purchase was a seminal moment for the nation, but it also sparked debates about the constitutionality of such a large land acquisition. President Thomas Jefferson, who promoted the purchase, had always advocated for strict adherence to the Constitution, and there was no provision explicitly empowering him to purchase territory. However, due to public support for the purchase and its obvious value to the country's future growth, Jefferson decided to ignore the strict legal interpretation of the Constitution and did not seek a Constitutional amendment to validate the purchase.
The Louisiana Constitution would continue to undergo changes in the coming decades. The period from 1868 to 1879 was marked by violence against freedmen, as seen in the First Battle of the Cabildo and the Colfax massacre. The Constitution of 1879 was adopted to address these issues, placing more limits on the voting rights of freedmen and moving the state capital from New Orleans to Baton Rouge. The Constitution of 1868 was also significant as it was the first in Louisiana to include a formal Bill of Rights, enfranchising freedmen and disenfranchising ex-rebels.
The Evolution of Our Constitution: Writing and Revisions
You may want to see also
It was based on civil law instead of English common law
Louisiana's first constitution was signed on January 22, 1812, by the delegates of the constitutional convention. This constitution was based on civil law instead of English common law. This decision was influenced by the territory's history of French and Spanish colonisation before its acquisition by the United States.
The civil law tradition in Louisiana sets it apart from the other 49 states, which base their legal interpretations on common law. This distinction has led to unique features in Louisiana's legal system, particularly in the areas of private law, criminal law, and certain aspects of procedural law.
One notable difference between civil law and common law is their approach to legal precedent. While common law courts are bound by stare decisis, giving precedence to previous similar cases, civil law allows for more individual interpretation by judges. This distinction grants Louisiana judges greater flexibility in interpreting the law based on their own understanding rather than solely relying on historical precedents.
The impact of civil law in Louisiana is evident in various legal concepts. For example, the state's law regarding the passing down of land and property is unique. Additionally, Louisiana's criminal justice system, while similar to other states, has distinct nomenclature and procedures. Certain terms and legal concepts used in Louisiana, such as "prescription" instead of "statute of limitations," differ from those in common law jurisdictions.
Louisiana's civil law foundation has also influenced the structure of its legal codes. The state's Revised Statutes (R.S.) contain a significant amount of legislation arranged in titles or codes. While Louisiana has enacted most provisions of the Uniform Commercial Code (UCC), it has not adopted Articles 2 and 2A due to inconsistencies with civil law traditions in the sale and lease of goods.
Rethinking the US Constitution: The Impactful Event
You may want to see also
The constitution was drafted after the Constitution of Kentucky
The first constitution of Louisiana was drafted on January 22, 1812, and it became a US state on April 30, 1812, the ninth anniversary of the Louisiana Purchase. This constitution was modelled after the Constitution of Kentucky, with a few notable differences.
The Constitution of the Commonwealth of Kentucky, which governs the state, was first adopted in 1792. Since then, it has been rewritten three times and amended numerous times. The latest iterations were adopted in 1799, 1850, and 1891. The first constitution was accepted by the US Congress on June 1, 1792, making Kentucky the fifteenth state.
The 1792 Constitution of Kentucky shared similarities with the United States Constitution. It provided for three branches of government: legislative, executive, and judicial; and established a bicameral legislature called the General Assembly. The 1799 Constitution of Kentucky abolished the electoral college, allowing for direct elections of senators, representatives, the governor, and the newly created office of lieutenant governor. It also expanded the governor's powers, including the appointment of local officials such as sheriffs, coroners, and justices of the peace.
In contrast, the 1812 Louisiana Constitution did not include a Bill of Rights, and its legal system was based on civil law instead of English common law. Additionally, it utilised parishes instead of counties. The drafting of the Louisiana Constitution was preceded by much heated debate, with the bill passing back and forth between the House and Senate at least seven times before an agreement was reached.
Sexual Abuse: Understanding First-Degree Charges and Their Impact
You may want to see also
Explore related products
The 1868 constitution was the first to contain a bill of rights
Louisiana's first constitution was drafted on January 22, 1812, and signed by delegates on the same day. This constitution was modelled after the Constitution of Kentucky, with a few differences. Notably, it did not include a Bill of Rights, and the system of law was based on civil law instead of English common law.
In the years following the Civil War, Louisiana underwent a period of political turmoil and violence, particularly against freedmen. The Reconstruction Acts of 1867, enacted by Congress, sought to address these issues by enfranchising adult black males and calling for new constitutional conventions. This led to the creation of the Louisiana Constitution of 1868, which was the first in the state's history to contain a formal Bill of Rights.
The 1868 Constitution was adopted by the State Constitutional Convention of Louisiana on March 7, 1868. It was considered one of the most progressive legal documents produced in the South during Reconstruction, as it established integrated public schools, property rights for married women, and pensions for veterans of the War of 1812. It also enfranchised freedmen and disenfranchised ex-rebels, solidifying Republican rule in the state.
Despite its progressive nature, the 1868 Constitution was not without its flaws. It included provisions and restrictions that negatively impacted the voting rights of many Louisiana residents, particularly white voters. Additionally, it failed to solve the issue of racial discrimination in the state. The period from 1868 to 1879 continued to be marked by violence against freedmen, as seen in events such as the Colfax massacre and the First Battle of the Cabildo.
It wasn't until 1879 that Louisiana adopted a new constitution, which returned the state to home rule. This constitution placed further limits on the voting rights of freedmen and moved the state capital to Baton Rouge. While the 1879 Constitution brought some changes, Louisiana's legal foundation continued to evolve, with the current constitution, known as the Constitution of 1974, being adopted in 1974 and effective as of January 1, 1975.
The First Page of India's Constitution: A Foundation of Principles
You may want to see also
The 1879 constitution limited voting rights for freedmen
Louisiana's first constitution was drafted on January 22, 1812, and the delegates signed it on the same day. The constitution was made after the Constitution of Kentucky with three stark differences: a bill of rights was not included, the system of law was based on civil law instead of English common law, and the use of parishes instead of counties.
The 1879 constitution, however, limited the voting rights of freedmen. It was adopted in conference on July 23, 1879, and ratified on December 8, 1879, returning Louisiana to home rule. The period from 1868 to 1879 was marked by violence against freedmen, as seen in the First Battle of the Cabildo and the Colfax massacre, which arose from the disputed gubernatorial election of 1872. The Democrats' resumption of power in 1877 led to the formation of the Solid South coalition. This coalition, along with the conservative Democrats who regained control of Louisiana, contributed to the restrictive nature of the 1879 constitution.
The 1879 constitution was replaced by the Louisiana Constitution of 1898, which further entrenched voting restrictions that disproportionately affected Black voters. The number of registered voters in Louisiana plummeted from 294,432 in 1897 to 87,240 in 1898, with Black voter registration decreasing from 130,344 to a mere 12,902. The 1898 constitution employed ostensibly race-neutral methods, such as a poll tax, literacy and "constitutional" tests, complicated registration forms, and property qualifications. A "grandfather clause" also allowed property-less and illiterate white people to register if their father or grandfather had been a registered voter in 1867, when Black people did not have voting rights in Louisiana.
While the Fifteenth Amendment prohibited removing voting rights based on race, the Louisiana Constitution of 1898 effectively disenfranchised African Americans through these indirect methods. This trend of disenfranchisement continued, and even after the 1915 ruling by the US Supreme Court that the "grandfather clause" was unconstitutional, the disenfranchised Black population was still counted in the apportionment formula, granting disproportionate power to white people in majority-Black parishes.
Defining First-Generation: Family, Culture, and Personal Experience
You may want to see also
Frequently asked questions
The delegates signed Louisiana's first state constitution.
On January 22, 1812.
April 30, 1812.
The first constitution was based on the Constitution of Kentucky.
