Louisiana's Constitution: A Story Of Constant Evolution

why has the louisiana constitution been rewritten so many times

Louisiana has had 11 constitutions since 1812, with the current one being adopted in 1974. The state's constitution has been amended numerous times, with sources citing numbers ranging from more than 300 times to 536 times. The Louisiana Constitution provides two mechanisms for amendments: a legislative process and a state constitutional convention. The state's citizens are accustomed to almost constantly voting on new additions to the constitution. The reasons for the frequent changes are varied, with one source citing the example of the 1921 constitution being scrapped because it was considered too long.

Characteristics Values
Number of constitutions since 1812 10
Current constitution 11th, adopted in 1974
Previous versions 1812, 1845, 1852, 1861, 1864, 1868, 1879, 1898, 1913, 1921
Number of amendments since 1974 More than 300
Number of amendments to the 1921 constitution 536
Length of the 1921 constitution (in words) before amendments 48,378
Length of the 1921 constitution (in words) after amendments 255,500
Length of the 1974 constitution (in words) 35,000
Length of the US Constitution (in words) 4,543
Reason for the 1845 constitution The 1812 constitution was outdated
Reason for the 1974 constitution The 1921 constitution was too long
Reason for the 1812 constitution Louisiana's statehood
Reason for the 1879 constitution Return to home rule after Reconstruction
Reason for the 1868 constitution To address racial inequality

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Louisiana's addiction to constitutional tinkering

Louisiana has had a total of 11 constitutions since 1812, with the current one being adopted in 1974. This is an unusually high number of constitutions for a state to have, and it has resulted in Louisiana's citizens becoming accustomed to almost constant voting on new additions to the state constitution.

The reasons for this frequent constitutional revisionism are varied. One factor is that Louisiana's constitutions have often been quite lengthy and detailed, making them more susceptible to changes over time. For example, the 1921 constitution was amended 536 times, causing it to balloon from 48,378 words to 255,500. Eventually, voters rebelled against these constant amendments, leading to a new constitution being adopted in 1974.

Another factor contributing to Louisiana's frequent constitutional changes is the state's political and social landscape. Louisiana has a history of political corruption, with politicians often breaking laws and sometimes even ending up in prison. Additionally, the state has struggled with high crime, illiteracy, and poverty rates, as well as tense race relations. These factors have likely contributed to the frequent calls for constitutional change in the state.

The process of amending the Louisiana Constitution is also relatively straightforward, with Article 13 of the constitution outlining the steps required to make changes. Amendments can be made through a legislative process or a state constitutional convention, and they require a simple majority vote (50% plus 1) for approval. This relatively simple process may contribute to the state's frequent constitutional tinkering.

Overall, Louisiana's addiction to constitutional tinkering is a result of a combination of factors, including the length and complexity of past constitutions, the state's political and social landscape, and the relatively straightforward process for making amendments. While this constant revisionism may be seen as a sign of a healthy democracy by some, others may view it as a chaotic and unnecessary distraction from the business of governing.

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The 1921 iteration was amended 536 times

Louisiana has had 11 constitutions since 1812, with the current one being ratified in 1974. The 1921 iteration was amended 536 times. This was due to inconsistencies in the last two constitutions, a public call for modernisation, fear over the 19th Amendment, and the end of the grandfather clause. The 1921 constitution was considered too big and was eventually scrapped.

The 1921 constitution was drafted in the city of Baton Rouge, with the convention beginning on March 1, 1921, and being adopted on June 18, 1921. The preparations for the convention were lacking, with delegates not even having copies of the previous constitution. The convention had a large number of factions, each pushing their own agendas. The final draft included something for everyone but failed to correct the disenfranchisement of Black voters from the 1898 constitution.

Louisiana is different from other states in that it has frequently modified its constitutions. The state has changed its constitutions for various political reasons. Louisiana citizens are used to almost constantly voting on new additions to the state constitution. The Louisiana Constitution provides two mechanisms for amending the state's constitution: a legislative process and a state constitutional convention. A simple majority vote (50% plus 1) is required for voters to approve constitutional amendments.

The Louisiana Constitution is the cornerstone of the state's law, ensuring the rights of individuals, describing the distribution and power of state officials and local government, establishing the state and city civil service systems, and creating and defining the operation of a state lottery. It contains articles that are further organised into sections, with provisions for the composition of parishes and municipalities, home rule charters, taxation limitations, and more.

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The 1974 constitution was amended over 300 times

Louisiana's current constitution, the version adopted in 1974, is its 11th constitution. The 1974 constitution was adopted by constitutional convention in 1974 and ratified by the voters of Louisiana on April 20, 1974, becoming effective on January 1, 1975. Louisiana citizens are accustomed to almost constant voting on new additions to the state constitution. The 1974 constitution was amended over 300 times between 1978 and 2024, with 321 proposed amendments on the ballot, of which 221 (68.84%) were adopted by voters.

Louisiana's constitution has been rewritten so many times due to the ease with which it can be amended. The constitution provides two mechanisms for amending the state's constitution: a legislative process and a state constitutional convention. A legislative process requires a two-thirds (66.67%) vote during one session of the Louisiana State Legislature to place a constitutional amendment on the ballot. A constitutional convention requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments.

The 1974 constitution addressed civil rights, which had been ignored since the 1868 constitution. It also finally established a unanimous verdict for felony convictions, changing the previous requirement of a verdict of ten out of twelve jurors. This change was driven by research from Louisiana's newspaper of record, The Advocate, which showed how the previous requirement had been used to drive incarceration, especially of black people.

The 1974 constitution also allowed the Legislature to create new port commissions and districts and grandfathered existing ones. It also provided for the authority to assess and collect various taxes, subject to limitations, and for various dedicated funds.

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The 1974 constitution was too hard to understand

Louisiana's current constitution, the 11th in the state's history, was adopted in 1974. Since then, it has been amended more than 300 times. The 1974 constitution was a reaction to the previous 1921 constitution, which was amended 536 times and grew from 48,378 words to 255,500, becoming "way beyond recognition or human understanding".

The 1974 constitution was adopted by a constitutional convention in 1974 and was ratified by the voters of Louisiana on April 20, 1974, becoming effective on January 1, 1975. It was succinct at 35,000 words, but it still left Louisiana governors with more powers than their counterparts in other states.

The 1974 constitution was also a result of the state's addiction to "constitutional tinkering". The habit of governing by constitutional amendment, and thus avoiding any controversy caused by passing laws, proved hard to break. For example, legislators avoided proposing taxes and instead relied on constitutionally dedicated state revenue, limiting their options in the case of a budget crisis.

In 2018, Louisiana voters amended the 1974 constitution, requiring all future felony convictions to be unanimous. This was in response to a Pulitzer Prize-winning series by Louisiana's newspaper of record, The Advocate, which showed how the previous provision had been used to drive incarceration, especially of Black people.

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The 1974 constitution was too partisan

Louisiana's current constitution, the eleventh in the state's history, was adopted in 1974. Since then, it has been amended more than 300 times.

The 1974 constitution was adopted by a constitutional convention in 1974 and was ratified by the voters of Louisiana on April 20, 1974, becoming effective on January 1, 1975. The 1974 constitution was too partisan, with delegates from the convention claiming that it could not happen today due to the childish partisan squabbles that have replaced policy debates in Baton Rouge.

The 1974 constitution was also criticised for being too long and detailed, with its predecessor, adopted in 1921, being amended 536 times, increasing from 48,378 words to 255,500. This led to voters rebelling against legislators and rejecting proposed amendments. The 1974 constitution was also criticised for avoiding any controversy by governing through constitutional amendment rather than passing laws.

The 1974 constitution has been frequently modified, with Louisiana citizens being accustomed to almost constant voting on new additions to the state constitution. In November 2018, Louisiana voters voted overwhelmingly to amend the 1974 Constitution, requiring all future felony convictions to be unanimous. This was further reinforced by the U.S. Supreme Court in 2020, which incorporated the Sixth Amendment right of a unanimous verdict against all the states.

The Supreme Court's Constitutional Roots

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Frequently asked questions

Louisiana has had 11 constitutions since 1812, with the current one being adopted in 1974. The state constitution has been rewritten for various political reasons, and the state's citizens are accustomed to almost constant voting on new additions to the constitution.

The Louisiana Constitution provides two mechanisms for amending the state's constitution: a legislative process and a state constitutional convention. A simple majority vote (50% plus 1) is required for voters to approve constitutional amendments.

The Louisiana Constitution has been amended numerous times since 1974, with some examples including:

- The establishment of the public school system of Louisiana

- The authorization of a lottery

- The requirement of unanimous verdicts for future felony convictions

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