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Does Indiana Law Apply to Oregon Art 1 Section 21

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State Constitution

The 1816 (superseded) and 1851 Constitutions of the State of Indiana, located in the Indiana Statehouse Rotunda.

The Constitution of Indiana is the highest body of state law in the U.S. country of Indiana. It establishes the structure and role of the country and is based on the principles of federalism and Jacksonian democracy. Indiana's constitution is subordinate only to the U.South. Constitution and federal law. Prior to the enactment of Indiana's offset state constitution and achievement of statehood in 1816, the Indiana Territory was governed by territorial law. The state's first constitution was created in 1816, later the U.Due south. Congress had agreed to grant statehood to the former Indiana Territory. The present-solar day certificate, which went into effect on November i, 1851, is the country's 2d constitution. Information technology supersedes Indiana's 1816 constitution and has had numerous amendments since its initial adoption.

Indiana's constitution is composed of a preamble, articles, and amendments. Amongst other provisions, it specifies a republican form of authorities (pursuant to Commodity 4, Section iv, of the U.S. Constitution) consisting of three branches: executive (including administration), legislative, and judicial. The land constitution also includes a bill of rights, grants suffrage and regulates elections, provides for a state militia, state educational institutions, and sets limits on government indebtedness. The Indiana Full general Assembly may amend the constitution, subject to ratification by vote of the people, as specified in Commodity xvi of Indiana'southward 1851 constitution.

Constitution of 1816 [edit]

[edit]

In 1811 the Indiana Territory's House of Representatives adopted a memorial to the U.S. Congress request permission for its citizens "to course a government and constitution and be admitted to the Union",[ane] but the War of 1812 delayed the process until 1815. Some members of the territory's general assembly, too as Thomas Posey, governor of the Indiana Territory, objected to statehood at that time. They believed that the territory's limited size and scattered population would brand a country regime also plush to operate. However, later a census authorized in 1814 proved that its population had reached 63,897, exceeding the minimum population requirement of 60,000 equally outlined in the Northwest Ordinance of 1787, efforts to laissez passer a request to consider statehood for Indiana were renewed.[2] [3]

On December 11, 1815, the territory's House of Representatives voted 7 to five in favor of the memorial to Congress stating its qualification to become a state. The asking was presented in the U.S. House of Representatives on December 28, 1815, and introduced in the U.Southward. Senate on Jan 2, 1816. A House committee chaired by Jonathan Jennings, Indiana's territorial representative, reported out a bill for an Enabling Human action, which provided for the election of delegates to a convention to consider statehood for Indiana. The bill passed in the U.S. House on March 30, 1816, and in the U.South. Senate on April 13. President James Madison signed the Enabling Act into law on Apr xix, 1816. If a majority of the delegates to Indiana's ramble convention agreed, the delegates would proceed to create a land constitution.[4] [5]

As outlined in the Enabling Human action, election of delegates to Indiana'south first constitutional convention took place on May thirteen, 1816. The convention at Corydon, the territorial capital in Harrison County, began on Monday, June 10, 1816.[6] The convention'south elected delegation of forty-three men were apportioned amid the thirteen counties that were "in existence prior the 1815 General Assembly" and based on each county's population.[seven] [8] [9]

Political climate/issues [edit]

In the early nineteenth century some of the Indiana Territory's citizens opposed statehood. The major concerns were the loss of fiscal support from the federal government if information technology became a state and the fear of a tax increase to pay for the new state government. The minority group preferred to wait until later, when the population was fifty-fifty larger and the state'due south economy and political structure was more firmly established.[2] The majority of the territory's citizens viewed statehood as an opportunity for more self-authorities and wanted to go along. The territory'southward pro-statehood faction preferred to elect their own state officials instead of having the federal government engage individuals on their behalf, formulate state laws, discontinue the appointed territorial governor'south absolute veto ability, and allow its citizens to have greater participation in national politics, including voting powers in Congress.[10]

At the time the delegates were gathering at Corydon in June 1816, slavery had get a major and divisive issue in the territory. The indenture law of 1805 had been repealed, but slavery continued to exist within Indiana.[11] Ii major factions emerged. An anti-slavery/pro-republic group was led past Jonathan Jennings and his supporters. Former territorial governor and futurity U.S. president William Henry Harrison's allies led the pro-slavery/less democratic group. Supporters of Indiana statehood (the pro-Jennings faction) favored democracy, election of state officials, and voting representation in Congress.[12] Harrison's allies supported slavery within the territory and maintaining Indiana's territorial status with a federally-appointed governor.[13] The anti-slavery faction preparing for statehood hoped to institute a constitutional ban on slavery.

Constitutional Convention [edit]

On June ten, 1816, the first 24-hour interval of the convention, xl-two delegates convened at Corydon to discuss statehood for Indiana. The convention's twoscore-third delegate, Benjamin Parke, did not make it until June 14.[14] [fifteen] Thirty-four of the elected delegates agreed on the issue of statehood. On June eleven, the delegation passed a resolution (34 to 8) to go along with task of writing the state'due south kickoff constitution and forming a land government.[xvi] [17]

Jonathan Jennings, who presided over the convention and was later on elected the start governor of Indiana, appointed the delegates to diverse committees; William Hendricks, although he was not an elected delegate, served as the convention's secretary and was after elected as the new land'southward first representative to Congress.[16] [18] In improver to Jennings, notable members of the delegation included Franklin County delegates James Noble (who became the get-go U.S. Senator from Indiana afterward it achieved statehood) and Robert Hanna (who became Indiana's second U.Due south. Senator after statehood); Harrison County delegates Dennis Pennington and Davis Floyd; and amid others, William Henry Harrison's friends and political allies: Benjamin Parke, John Johnson, John Badollet, and William Polke (delegates from Knox Canton), David Robb of Gibson County, and James Dill of Dearborn County.[19]

Most convention delegates had ties to the South; all only nine had lived below the Mason-Dixon line before their inflow in the Indiana Territory.[18] The youngest delegate (Joseph Holman of Wayne County) was xx-eight; the oldest was fifty-eight. Eleven delegates had served in the territorial legislature and more than half of the delegates had previous legal training.[20] Daniel Grass, the sole delegate from Warrick Canton, was excused on June 19 for the remainder of the convention due to ill health.[xiv]

The delegation's basic tasks included selection of presiding officers, adoption of a set of convention rules, meetings in committees and as a whole group to discuss proposed manufactures for the new constitution, and adoption of a final version of the document.[15] Although the members of the delegation did not all hold, a majority group, generally associated with the anti-territorial governor and anti-slavery faction, emerged in favor of statehood. The opposing consisted mostly of Harrison'due south friends and supporters of the territorial legislature who opposed statehood.[5] [21]

The summer heat often caused the delegation to move outdoors and piece of work below the shade of a behemothic elm tree that would afterward be memorialized as the Constitution Elm. (A portion of the body is even so preserved.)[22] The delegates completed their work on the constitution in nineteen days, adjourning on June 29, 1816. The total cost of the convention was $3,076.21, which included compensating the delegates and their assistants for each mean solar day they attended the convention, likewise as printing costs for the final version of the document and the acquisition of benches, tables, books, and stationery for the delegates.[xvi] [23]

Adoption [edit]

The delegates adopted the constitution with a simply majority vote (33 to 8). The new constitution became constructive on June 29, 1816, the last day of the convention, when the delegates signed the document. It was not submitted to Indiana'due south voters for ratification.[24]

Summary and features [edit]

Indiana's 1816 constitution, considered the most important document in the state'southward history, represented the more autonomous views of the pro-statehood/anti-slavery faction. The document emerged from the constitutional convention every bit a statement of the "values and beliefs" of Indiana's pioneer era.[25]

The state'south beginning constitution is similar to that of the other state constitutions written around the same fourth dimension.[26] Because Ohio and Kentucky were the newest states closest to Indiana, the delegates to the Indiana ramble convention referred to the constitutions of these 2 states, forth with others such as Pennsylvania, New Hampshire, and Tennessee, for ideas and concepts every bit well as specific text.[27] Content from the other state constitutions was chosen based on the Indiana delegates' preferences for their new state. Occasionally, original text was equanimous for specific articles or sections when the advisable wording in other state constitutions was not sufficient. The delegates' selections resulted in Indiana'southward legislative branch being dominant over the executive and judicial branches of state regime.[28] [29]

The Indiana delegates organized a republican form of government and created a land constitution that outlined a basic framework for governmental functions. Instead of providing specific details on individual issues, the constitution'southward broadly-defined principles enabled the state authorities to function as a loosely jump unit.[22] "The People" were explicitly noted every bit being the sovereigns of the state.[xxx]

The preamble outlined Indiana'due south rights to bring together the Union "on equal basis with the original states" in accordance with the laws of the U.S. Constitution, the Northwest Ordinance of 1787, and the Enabling Human action.[31] Commodity I, which contained a bill of rights for Indiana's citizens, conferred many of the same rights as the U.S. Bill of Rights, including ceremonious liberties and such basic freedoms as the liberty of speech, the right to bear artillery, and liberty of religion, among others. Commodity II called for the separation of powers betwixt the legislative, executive, and judicial branches of state government.[28] [29]

Articles 3, IV, and V outlined the powers of the state's legislative, executive, and judicial branches of government. Its bicameral legislature divided powers betwixt two chambers (the state'southward House of Representatives and its Senate), each 1 composed of elected members. The state legislature was set to meet annually. Elections would be held annually to elect representatives. State senators would serve iii-twelvemonth terms, with one-third of the senators being elected each yr. The governor and lieutenant governor would be elected to serve a term of iii years. Indiana's governor was express to serving two sequent terms. A unproblematic majority vote in the legislature could override the governor's veto. Article 4 also outlined the ballot of other state officials.[28] [29] The judicial co-operative, as outlined in Article V, included the state'south Supreme Court, circuit courts, and other junior courts. The constitution allowed the state legislature to create and adjust land courts and judicial districts and the governor was given the authorisation to appoint judges to serve vii-year terms with input and confirmations from the state senate.[32]

Article VI granted voting rights to white males twenty-one years of age and older who were citizens of the United states had lived in Indiana for at to the lowest degree 1 year. Under Article Seven all "able-bodied" white men between the ages of 18 to 45 were required to serve in the militia when called upon to practice and then. Non-whites (more specifically, blacks, mulattos, and Native Americans) were prohibited from serving in the militia. Conscientious objectors would be fined if they did not serve.[28] [33]

The constitution's showtime mention of slavery appears in Article VIII, Section 1, which expressly prohibited amending or amendment of the state constitution from ever permitting the introduction of slavery or involuntary servitude into the land.[34] As one of the state constitution's about of import provisions, this section allowed constitutional amendments for any reason other than the introduction of slavery or involuntary servitude. The anti-slavery clause in Article Viii stated: "But, as the belongings any part of the human Cosmos in slavery, or involuntary servitude, tin only originate in usurpation and tyranny, no alteration of this constitution shall e'er accept place so as to introduce slavery or involuntary servitude in this State, otherwise than for the punishment of crimes, whereof the political party shall take been duly convicted."[35] [36] Indiana's 1851 constitution contains similar content, just clarified the legal status of slaves and indentured servants when they came into the country.[37]

Article Nine outlined plans for public didactics. Its central particular, which was new to American constitutions, included a clause that established "As shortly as circumstances volition permit" a "general system of didactics, ascending in regular gradation, from township schools to a country academy, wherein tuition shall exist gratis and equally open to all."[38] This was a meaning alteration and expansion of the education clauses of the template constitutions used during the convention.[24] Because the opening phrase did not provide a specific timetable for implementation, a country-supported arrangement of public education was delayed until a new state constitution was adopted in 1851. Article IX also provided for a reform-based penal code, funding for libraries, and state institutions to care for the elderly and those in demand.[28] [38]

Indiana'south delegates wrote their ain content for Article X, which outlined the state's banking provisions. Article XI outlined general provisions that named Corydon the seat of country regime until 1825, established salaries for judges and country officials, and set the state's geographical boundaries.[28] [39] While Article VIII banned the hereafter importation of slaves and indentured servants into Indiana, Commodity 11 left open to interpretation the upshot of whether it was acceptable to let pre-existing slavery and involuntary servitude arrangements within the state.[32] Commodity XII outlined the process for the transition from a territorial authorities to a state government. This included, amidst other tasks, the election of state officials and representation in the Indiana General Assembly and the U.S. Congress.[39] [forty]

Transition to statehood [edit]

Elections of state officers were held under the laws of the Indiana Territory on August five, 1816. Jonathan Jennings was elected governor, Christopher Harrison was elected lieutenant governor, and William Hendricks was elected to the U.S. Firm of Representatives. The Indiana General Assembly met for the first time under the new constitution and state government on Nov 4, 1816. Jennings and Harrison were inaugurated on Nov seven. The state legislature elected James Noble and Waller Taylor to the U.S. Senate on the following day.[40] Hendricks was sworn into function and seated every bit a member of the U.S. House on December 2, 1816. President James Madison signed the congressional resolution admitting Indiana as the nineteenth land in the Spousal relationship "on equal footing with the original states in all respects whatever" on December 11, 1816, which is considered the country's birthday. Noble and Taylor were sworn into part seated every bit members of the U.Southward. Senate on December 12, 1816.[41] Jennings appointed 3 judges (Jesse Lynch Holman, John Johnson, and James Scott) to serve seven-year terms on the Indiana Supreme Court, effective December 28, 1816.[42] The final footstep to achieve statehood for Indiana occurred on March 3, 1817, when a federal act was canonical to extend federal laws to Indiana.[twoscore]

Criticisms and phone call for rewrite [edit]

The 1816 constitution was never amended, although some of its provisions were criticized after its adoption.[41] [43] Demands for changes to constitution were made equally early as 1820, but referendums in 1823, 1828, 1840, and 1846 on holding a constitutional convention were unsuccessful. In improver, 15 more efforts to convene a state ramble convention were made between 1820 and 1847, but they also failed.[44] [45]

The nigh notable criticisms of the 1816 constitution were Corydon's identification as the seat of state government for the adjacent ix years, inadequate provisions for amending the constitution, prohibition of salary increases for state authorities officials until 1819, term limits for judges, and a failure to provide for pick of a country attorney general or prosecuting attorney. Some critics felt that decisions regarding these bug were the responsibility of the elected representatives to the state legislature. Others who opposed statehood at the fourth dimension viewed the new land constitution as "premature."[46]

In the years post-obit its adoption, rapid social change initiated the demand to revise the state'southward constitution. Major concerns with the state's constitution related to the issue of slavery; limiting governmental powers and jurisdictions inside the state; guaranteeing secrecy of ballots; standing concerns over the subpoena process for the constitution; reducing state legislation related to personal and local bug; granting more local power over school funding; suffrage for foreign-built-in residents; legislative terms and legislative sessions; the impeachment process for state officials; and governmental expenses and inefficiencies, amid others.[47] [48] In addition, a financial crisis in the 1840s in Indiana due to overspending, a upshot of the Indiana Mammoth Internal Improvement Act, acquired the state government to become insolvent. The state's fiscal situation and ongoing calls for constitutional changes to foreclose another crisis increased interest in a constitutional mandate that prohibited the country from incurring debt. Another popular idea was holding biennial, as opposed to annual, legislative sessions equally a toll-cutting measure.[49]

Although there had been previous attempts to initiate another ramble convention, the state legislature was finally successful in calling for Indiana's second constitutional convention until 1849.[43] Its delegates convened at Indianapolis in 1850.[50] The state constitution of 1816 was replaced with a new state constitution in 1851.[41] [43]

Constitution of 1851 [edit]

On January 15, 1849, the country legislature finally approved a plebiscite, afterwards several previous unsuccessful attempts, to hold a constitutional convention in 1850, two years earlier the required twelve-twelvemonth referendum mandated in the constitution of 1816, provided that a bulk of voters favored the idea at the next regular election. In Baronial 1849, a full of 81,500 voters favored and 57,418 opposed a constitutional convention. The clear bulk cased the 1849–l session of the Indiana General Associates to pass legislation calling for the election in August 1850 of 150 delegates apportioned amidst the Indiana Full general Assembly's senatorial and representative districts and based on the number of voters inside each district. The Whigs, the minority party in the state at that time, and some state officials, including Governor Paris C. Dunning, urged bipartisan representation at the convention. However, Indiana voters elected convention delegates along party lines. The consequence (95 Democrats and 55 Whigs) was roughly a 2-thirds to one-third separate betwixt the 2 parties.[51] [52] [53] [54] A total of 74 delegates were born in southern states, 13 were native-born Hoosiers, and 57 were born in northern states other than Indiana. About 42 percent of the delegates were farmers and 25 pct were lawyers.[48]

Constitutional Convention [edit]

The constitional convention of 150 delegates convened in the Hall of Representatives at the Indiana Statehouse in Indianapolis on Oct 7, 1850. Charles H. Test called the meeting to club and George Whitfield Carr, the delegate from Lawrence County, was elected the convention's president. (Carr had been Speaker of the House in the two previous sessions of the Indiana General Assembly.) William Hayden English language was elected to serve as the convention secretarial assistant, along with three banana secretaries. Appointed officials included a sergeant-at-arms and a doorkeeper. Approximate Isaac Blackford of the Indiana Supreme Courtroom administered the oath of office. Convention delegates were appointed to twenty-two standing committees to review proposed items and considered 333 resolutions.[52] [55] [56]

Prior to the convention, the country's political parties (Democrats and Whigs) adopted a set of proposals that they want to comprise into the constitution. Whigs wanted offices in the executive, judicial, and legislative branches at all levels of authorities to be publicly-elected offices; Article II expanded suffrage to all males over the age xx-one, excluding blacks and foreign-built-in men; biannual sessions of the state legislature (equally opposed to annual sessions); a ban on the country government from incurring public debt; minimum funding requirements for public schools; requiring the state legislature to only enact laws that had a statewide upshot, catastrophe private acts; and a reduction in the number of public officials, among other proposals. The Democrats adopted their own list of items after the Whigs, which included many of the same suggestions, and accused the Whigs of stealing their ideas.[52] [57] [58]

Among the goals of the convention was to find ways to reduce the price of land regime and increment its efficiency.[48] Topics of discussion included elections and appointment of local officials, sheriffs, commissioners, board members, judges, coroners, auditors, clerks, etc.; expansion of suffrage; biennial legislative sessions (as opposed to annual sessions); banning the state legislature from making local and special legislation; the impeachment procedure for local officials; belongings rights of married women; and public school reform, among other concerns.[59] Notable Indiana statesmen who were members of the delegation and spoke at the convention included Thomas Hendricks, David Wallace, Schuyler Colfax, Horace P. Biddle, Robert Dale Owen, and Alvin P. Hovey, among others.[60] [61]

Delegates spent the get-go calendar week of sessions organizing the convention. Considering the Business firm chamber in the statehouse was too pocket-size for the gathering, the state regime rented the nearby Masonic Temple. The opening session in the Bricklayer Temple convened on Dec 26, 1850. The convention, which cost $88,280.37, included 127 days of sessions before adjourning on February 10, 1851.[62] Prior to adjournment, the delegates mandated that the new constitution, if adopted by a majority of voters in the state, would go into effect on November 1, 1851.[63] The revised land constitution included components of the 1816 state constitution and adopted proposals from the convention delegates, as well as ideas drawn from the constitutions of other states such as Illinois and Wisconsin, which were used as references.[56] The concluding version of the constitution was based on Jacksonian republic, which significantly expanded the autonomous principles of individual rights, individual enterprise, and legislative restrictions.[49] [64]

Adoption [edit]

The constitution was submitted to the state's voters for their approval in the August 4, 1851, general election. Convention delegates mandated that voters consider Article 13 separately from the other sections of the constitution. Article thirteen prohibited further immigration of African Americans into Indiana and encouraged their colonization outside the state. Voters could either approve or reject the remaining provisions of the new constitution as a whole. In the terminal tally, voters approved Article 13 with 113,828 votes in favor and 21,873 opposed, an 83.88 percent favorable approval charge per unit. Only in Elkhart, LaGrange, Steuben, and Randolph counties did a majority of voters oppose the adoption of the article. Voters also approved the remaining sections of the constitution as a whole with 113,230 votes in favor and 27,638 opposed, an 80.38 percentage favorable approval among voters. Ohio Canton was the only one where the majority of voters rejected the new constitution (315 voted in favor and 438 opposed).[65] [66]

On September 3, 1851, Governor Joseph A. Wright issued a proclamation certifying the favorable results for the new constitution, which went into result on November one, 1851. Elected officials in the country government were permitted to retain their seats until elections were held in Oct 1852, but had to take an oath to uphold the new constitution.[67] [68] Since its ratification, the country constitution of 1851 has been amended several times, just it remains the highest country law in Indiana.[69]

Notable features and changes [edit]

The new constitution did not radically change the land's existing authorities. Although it expanded the bill of rights included in the 1816 document, the new constitution retained other features such as the basic frame of a limited self-authorities for the state.[70] The 1851 version, which was longer and more detailed than the 1816 constitution, combined "Jacksonian Commonwealth with a vigorous accent on economic laissez faire," reflecting the state's financial crunch in the late 1830s and early 1840s.[71] The new constitution also continued to support strong local control of regime, confirming Indiana voters' general distrust of state regime.[48]

The constitution of 1851 placed several limitations on the Indiana General Assembly'southward activities. Biennial legislative sessions were express to 61 sequent days (xl consecutive days for special sessions). To forestall the state legislature from interfering in local affairs, the General Assembly was restricted to general legislation applicable to the entire country and limited local and special interest legislation. In improver, the land government was prohibited from going into debt.[48] [72] The new constitution gave the state legislature discretion on enacting banking laws in the state,[73] but prohibited the land government "from becoming a stockholder in any depository financial institution or corporation, or loaning its credit to any private or corporation."[74] Considering many Indiana voters objected to state-sponsored banks, the new constitution barred the charter of the Bank of Indiana from being extended with the land government as a stockholder and banned the creation of other state-funded banks.[75] [76]

Among the other of import changes was the abandonment of the short election, where voters cast their ballots for a party's entire state of candidates instead of voting for individual offices. The Whig minority supported adoption of these changes, hoping to break the Autonomous hold on ability.[77] Several other changes to the constitution related to election concerns. Terms for elected office included a ii-twelvemonth term for representatives and four-yr terms for the governor and state senators. The constitution of 1851 too called for the popular ballot of more state government positions such as the secretary of land, state treasurer, state auditor, prosecuting chaser, and judges, besides as other county and local officials such as clerk, accountant, treasurer, sheriff, and coroner. In most cases, these officeholders were express to ii consecutive terms.[74] [78] In addition, the Supreme Courtroom of Indiana was made an elective trunk. The number of Indiana Supreme Courtroom judges was increased from three to five and their terms were extended to vi years. The country's lower courts organisation was reorganized as well. For example, circuit court judges and local justices were made elective offices.[48]

The constitution of 1851 extended voting rights to foreign-born men who had immigrated to Indiana. To vote in Indiana under the previous constitution, strange-born men had to become naturalized U.S. citizens, which required a five-year residency requirement. Under the new constitution, aliens were granted suffrage if foreign-born men had reached the historic period of 21, stated their intention to get a naturalized denizen, and had lived in the United States for a year and in Indiana for at least vi months.[48] [79]

The new constitution made a potent commitment to public schoolhouse teaching, particularly elementary schools (common schools),[48] [73] by mandating a "uniform system of common schools, every bit open up to all and costless of tuition."[80] The constitution also required the land government to adequately fund local elementary schools, while providing for boards of local residents to manage the funds and the schools. Constitutional changes also created a new elected office, the land superintendent of public teaching, and gave the state some dominance in setting curriculum.[81] During the convention, delegates also considered abolishing the "Land University" and county seminaries. Although efforts to abolish the academy were unsuccessful, Article 8, Section 2, of the new constitution authorized the sale of county seminaries with the proceeds to exist used to assistance fund Indiana'southward public elementary schools. Article viii did non specifically identify Indiana University or guarantee its financial support; nonetheless, the state legislature continued to provide funding to IU, despite some funding controversies in the early 1850s.[81] [82] [83]

Because no divorce clause was included in the state constitution of 1816, the legislature causeless the authority to grant divorces, and continued to do so even after laws passed in 1818 granted the dominance to circuit courts. Nether the new constitution, the Indiana Full general Assembly was prohibited from making local and special laws. As a outcome, divorce proceedings, amid other issues, were delegated to the courts and clerks.[84] [85]

Despite the positive changes in state constitution, some articles connected racial and gender inequality by limiting full rights of state citizenship to white males.[86] Fearing a negative impact on the state from a rising population of free people of color and emancipated slaves who had been expelled from slave states, convention delegates adopted Article 13, section ane, to ban farther immigration of blacks and mulattos into Indiana.[87] [88] Revisions to the constitution likewise discouraged African Americans from settling permanently in the state. Some convention delegates openly advocated for the colonization of free people of color in Indiana to Liberia, which led to the adoption of Article 13, section 3. This particular section outlined a source of funding for those who chose to emigrate.[89] Although the Indiana Supreme Court's ruling in Smith five. Moody (1866), struck down Article 13, making it invalid,[ninety] [91] information technology was removed by amendment in 1881.[92] [93]

Women's equal rights were besides excluded from constitutional provisions. Convention consul Robert Dale Owen introduced a proposal to include a clause in the new constitution granting married women the right to own private property and to jointly-ain holding with her married man, simply the effort failed.[86] [94] However, in the July 1853 legislative session, Owen secured passage of laws granting property rights to married women. The Indiana Full general Assembly passed additional legislation in 1879 and in 1881 to farther protect widowed and married women's property rights.[95]

Amendments [edit]

Article 2 (voting rights) [edit]

The early on criticism of the constitution of 1851 was Indiana'due south lax election laws, which ofttimes led to election-twenty-four hours irregularities and accusations voter fraud.[96] Article 2, Section two, outlined who was eligible to vote,[97] but the constitution did not have specific provisions for voter regulations or include details to clinch bipartisan ballot boards.[96]

Among the ramble amendments passed in 1881 was 1 that extended the state residency requirements from six months to i year and removed the word "white" from Department 2, which was already unenforceable due to the passage of the Fifteenth Amendment granting suffrage to African American men.[98] The land legislator enacted a voters' rights law in 1917, just it was struck down by the Indiana Supreme Court in October of that year.[99] Other amendments to Article 2, Department 2, occurred in 1921, 1976, and 1984.[100] [101] In September 1921, following the ratification of the Nineteenth Subpoena, Indiana voters ratified a state constitution amendment to grant suffrage to women. The 1921 amendment besides express voting rights to U.South. citizens.[102]

Commodity x (finances) [edit]

Indiana voters passed an amendment to constitute a state income revenue enhancement in 1932, resulting in the addition of Article x, Section viii, to the country constitution.[103] [104]

Commodity 12 (armed forces service) [edit]

Article 12, Department 1, immune only white men to serve in the militia until voters passed an amendment in 1936 to remove this restriction. Article 12 was farther amended in 1974 to revise sections i through 4 and repeal sections 5 and 6. Changes from the initial constitution included removal of term limits for militia officers and the requirement for conscientious objectors to pay a fee for their exemption from military service.[105] [106]

Article 13 revisions [edit]

Article 13 openly banned African Americans settlement in Indiana and imposed fines on anyone employing or helping them to settle in the state.[107] The Indiana Supreme Court ruling in Smith 5. Moody (1866) invalidated Commodity 13, which independent several restrictions against Black Americans, including prohibiting their immigration to the country later the adoption of the state constitution in 1851. State laws to enforce Commodity 13 were repealed in 1867. The exclusionary and colonization provisions in Article 13 were repealed by amendment and removed from Department 13 of the country constitution in 1881.[92] [93]

Reorganization state court system [edit]

Another trouble was the organization of the courts. The Supreme Court became overloaded with cases and an appellate court was created at the plough of the century. During the 1970s a series of amendments were enacted to make the court constitutional and to reform the method of electing Supreme Court Justices. Justices were again fabricated appointed positions, a list of candidates was created by the Indiana Judicial Nominating Commission, narrowed to three finalists and thus submitted to the governor who so chooses one. The Justice could and then serve ii years earlier being subjected to a retention election, if retained then the Justice could go on their term for upwardly to ten years. All five of the justices must face up a retention vote one time every ten years on the ballot of that general election.

Extending legislative sessions [edit]

A constitution amendment passed in 1974 authorized the return to almanac sessions of Indiana Full general Assembly; however, the governor was empowered to call special sessions of the country legislature if necessary.[108] The long session, which occurred the twelvemonth subsequently an ballot, was left the same (61 days); all the same, the shorter legislative session in the post-obit twelvemonth was authorized to come across for a xxx-day catamenia.[ citation needed ] (The initial constitution of 1851 authorized biannual sessions of the General Assembly to run across for 61 sequent days; special sessions were express to forty days.)[48] [72]

Supreme Court constitutional decisions [edit]

Prohibition of slavery and indentured servitude [edit]

The unanimous Indiana Supreme Court decision in Lasselle 5. State (1820) upheld Article 8 of the Indiana constitution of 1816, which prohibited slavery in the country, by ruling in favor of an enslaved woman who became known as Polly Strong and granting her freedom.[109] [110] In re Clark (1821), the state supreme court once again upheld Article 8 of the state'due south 1816 constitution, which as well prohibited indentured servitude.[109] [111]

The Indiana Supreme Court rulings related to Commodity 13 (exclusion and colonization laws) of the constitution of 1851 were not as consistently in favor of this article as they were on Article 8 of the previous state constitution. In Barkshire v. State (1856), the state supreme court ruled in favor of Article thirteen, which banned further blackness immigration to Indiana. In this instance, Arthur Barkshire was found guilty nether Article 13 for bringing a black woman from Ohio into Indiana, where he married her.[112] In Freeman five. Robinson (1855), another famous case from the 1850s, the state supreme courtroom ruled in favor of Freeman, a complimentary black man, past recognizing his "right to sue a federal marshal in a country courtroom for attack and battery that occurred subsequently his arrest, equally well as extortion."[113] [114] In the Indiana Supreme Courtroom example of Smith v. Moody (1866), Moody's defense argued that Smith was an African American who had immigrated to Indiana later 1851, a violation of Article 13 of the country constitution, and that the promissory note that Moody had given Smith was invalid under the Article 13. Ruling in Smith'due south favor, the state supreme court recognized Smith as a U.South. denizen and voided Article 13 of the state constitution on the grounds that it denied Smith his U.S. citizenship rights.[91] [115]

Current Constitution [edit]

As of 2018[update], the Constitution of Indiana consists of a preamble and sixteen articles.[116]

Preamble [edit]

The changes and the concerns in club can be noted by the comparing of the preambles in the original 1816 constitution, and the current constitution.

The preamble to the original 1816 constitution read:

"We the Representatives of the people of the Territory of Indiana, in Convention met, at Corydon, on monday the tenth mean solar day of June in the year of our Lord eighteen hundred and sixteen, and of the Independence of the United States, the fortieth, having the right of admission into the General Government, as a member of the union, consequent with the constitution of the United States, the ordinance of Congress of i thousand seven hundred and 80 7, and the law of Congress, entitle "An act to enable the people of the Indiana Territory to grade a Constitution and State Government, and for the admission of such land into the union, on an equal ground with the original States" in club to plant Justice, promote the welfare, and secure the blessings of liberty to ourselves and our posterity; do ordain and establish the post-obit constitution or form of Government, and do mutually agree with each other to form ourselves into a free and Contained country, by the name of the State of Indiana."[117]

The preamble of the current constitution reads:

"TO the Stop, that justice be established, public lodge maintained, and liberty perpetuated; WE, the PEOPLE of the Land of INDIANA, grateful to Omnipotent GOD for the costless exercise of the correct to choose our own form of government, do ordain this CONSTITUTION."[118]

Articles [edit]

Manufactures of the Constitution embrace specific topics, equally follows:

  1. Article i: Pecker of Rights
  2. Commodity 2: Suffrage and Election
  3. Article iii: Distribution of Powers
  4. Commodity 4: Legislative
  5. Article 5: Executive
  6. Commodity 6: Administrative
  7. Commodity 7: Judicial
  8. Article viii: Education
  9. Commodity 9: State Institutions
  10. Article 10: Finance
  11. Article 11: Corporations
  12. Article 12: Militia
  13. Article 13: Indebtedness
  14. Article 14: Boundaries
  15. Article 15: Miscellaneous
  16. Article 16: Amendments

Summary of provisions [edit]

  • Article 1 (Neb of Rights) includes similar diction from the Annunciation of Independence and the state'south constitution of 1816 such every bit the people'south "inalienable rights" such as "life, freedom, and the pursuit of happiness" and the people's right to govern themselves.[118] [119]
  • Article two (Suffrage and Election) relates to ballot procedures, voter qualifications, eligibility of officeholders, and voting rights.[120] [100]
  • Article 3 (Distribution of Powers) describing the iii separate and distinct branches of country authorities is the shortest provision of the constitution and has 1 section consisting of one sentence: "Section 1. The powers of the Government are divided into 3 separate departments; the Legislative, the Executive including the Administrative, and the Judicial: and no person, charged with official duties under one of these departments, shall exercise any of the functions of some other, except as in this Constitution expressly provided."[120]
  • Article four (Legislative) describes the potency and operations related to the Indiana General Assembly, as well as descriptions of the state'due south electoral districts and elections provisions, candidate eligibility, and term limits for members of the Indiana Senate and the Indiana House of Representatives.[121]
  • Article v (Executive) describes the authority, eligibility, election, succession, and term limits for the Governor of Indiana and the Lieutenant Governor of Indiana.[122]
    • Section 1 states that the governor, who is elected for a four-year term, may non serve more than than viii years in whatsoever twelve-year menstruation.[123] [124]
    • Section 8 prohibits anyone belongings a federal or state office from simultaneously holding the office of governor or lieutenant governor of Indiana.[125]
  • Article six (Administrative) provides for the election of various state- and county-level offices such equally secretary, auditor, and treasurer; describes the authorization, terms, and term limits for these officeholders; outlines the eligibility requirements for county and township offices; and provides for the ballot or appointment of county, township, and town offices.[126]
  • Article 7 (Judicial) describes the authority and operations of the state'southward court system, including the Indiana Supreme Courtroom, Circuit Courts, and the lower courts; the allowable number of land supreme court judges; the organizational structure of the state's court system; court jurisdictions; court offices such equally prosecuting attorneys and court clerks; and option, eligibility; and term limits for judges and courtroom officeholders.[127]
    • Department 2 declares the Supreme Court of Indiana to be composed of ane Chief Justice and non less than four or more than eight acquaintance justices.[128]
    • Section xv provides that the iv-year term limit for constituent offices gear up along in Article 15, Section 2, does non utilise to judges and justices.[129]
  • Commodity eight (Education) provides for the institution and public funding of public schools that are free and enrollment is open up to all, in improver to the election, duties, and term limits for the state's superintendent of public instruction.[130]
  • Article 9 (State Institutions) provides for the state to create and fund "didactics of the deafened, the mute, and the blind; and for the treatment of the insane" and "institutions for the correction and reformation of juvenile offenders," only county boards have the potency to "provide farms, as an asylum for those persons who, by reason of age, infirmity, or other misfortune, have claims upon the sympathies and aid of guild."[131] [132]
  • Article x (Finance) provides for land taxation and property cess, likewise as the approved uses and reporting requirements for the country's revenue.[133]
    • Section 5 prohibits the state from incurring debt except in limited and specific situations such equally wartime or for public defense.[134]
  • Article 11 (Corporations) describes the state's authority to invest of land funds and establish Indiana's banking laws and land-chartered fiscal institutions such as banks.[135]
  • Commodity 12 (Militia) provides for the organization, equipping, and preparation of a state militia, in addition to describing eligibility requirements for service.[136]
    • Section ane declares those eligible for service to be "all persons over the historic period of seventeen (17) years, except those persons who may be exempted past the laws of the United States or of this land."[137] [138]
  • Commodity 13 (Indebtedness) limits indebtedness of municipal corporations to ii pct of the property taxation base except in the effect of a war or sure other defined emergencies, if property owners in the affected surface area submit a petition request.[93] [139]
  • Commodity 14 (Boundaries) sets the official boundaries for the land and various legal jurisdictions inside these boundary lines and in relation to the adjacent states of Kentucky, Ohio, and Illinois.[140]
  • Article 15 (Miscellaneous) provides for the ballot, term limits, and eligibility of officeholders for offices non divers in other sections of the constitution; calls for the creation and employ of a land seal; sets minimum limits on the size of Indiana counties; and prohibits the sale or charter of land-endemic land on which the present-day Indiana Statehouse and adjacent country government buildings are built.[141]
    • Section ii limits the terms of offices created by the Full general Assembly that are not specified in other sections of the constitution to four years or less; however, appointed officeholders may serve unspecified term length "at the pleasance of the appointing authority".[142]
    • Department 7 prohibits establishing any new or reducing whatever existing county to a size of less than 400 square miles (ane,000 km2).[142]
    • Department viii originally prohibited a lottery or sales of lottery tickets,[143] but this entire section was repealed in November 1988.[142]
  • Article 16 (Amendments) outlines the process for amending the state constitution.[144]

Notes [edit]

  1. ^ John D. Barnhart and Dorothy Fifty. Riker, ed. (1971). Indiana to 1816: The Colonial Period. The History of Indiana. Vol. I. Indianapolis: Indiana Historical Bureau and the Indiana Historical Society. p. 413.
  2. ^ a b James H. Madison (2014). Hoosiers: A New History of Indiana. Bloomington and Indianapolis: Indiana University Press and the Indiana Historical Guild Printing. p. 49. ISBN978-0-253-01308-8.
  3. ^ Barnhart and Riker, pp. 413–14.
  4. ^ "Starting time the Road to Statehood" in Pamela J. Bennett, ed. (September 1999). "Indiana Statehood". The Indiana Historian: 4.
  5. ^ a b Madison, p. 50.
  6. ^ "The Setting for the Convention," The Indiana Historian, p. six.
  7. ^ Barnhart and Riker, pp. 441–42.
  8. ^ The xiii counties that elected delegates to the constitutional convention of 1816 were Clark (5 delegates), Dearborn (3 delegates), Franklin (five delegates), Gibson (iv delegates), Harrison (v delegates), Jefferson (three delegates), Knox (v delegates), Perry (1 delegate), Posey (one delegate), Switzerland (one delegate), Warrick (i consul), Washington (five delegates), and Wayne (four delegates). Encounter Barnhart and Riker, pp. 442–43.
  9. ^ Orange and Jackson counties did non elect delegates to the convention. See Frederick P. Griffin (1974). The Story of Indiana's Constitution Elm, Corydon, Indiana, June 1816. Corydon, IN: General Print Company. p. 5. OCLC 3901490.
  10. ^ Barnhart and Riker, p. 439.
  11. ^ Madison, Hoosiers, p. 48.
  12. ^ Madison, pp. 49–50.
  13. ^ "Why Statehood?" The Indiana Historian, p. 3.
  14. ^ a b "The Convention Does Its Piece of work" and "Members of Indiana's 1816 Constitutional Convention," The Indiana Historian, pp. 9, 14.
  15. ^ a b Barnhart and Riker, p. 448.
  16. ^ a b c "The Convention Does Its Work," The Indiana Historian, pp. 8–nine.
  17. ^ The eight delegates who opposed the resolution were John Johnson and William Polke of Knox County; David Robb and Frederick Rapp of Gibson County; John Boone of Harrison Canton; and Nathaniel Chase, David H. Maxwell, and Samuel Smock, who constituted the unabridged delegation from Jefferson County. See Barnhart and Riker, pp. 442–43, 448.
  18. ^ a b Barnhart and Riker, p. 443.
  19. ^ Barnhart and Riker, pp. 442–47, 451, 461.
  20. ^ Barnhart and Riker, pp. 443, 447.
  21. ^ Barnhart and Riker, p. 445.
  22. ^ a b William P. McLauchlan (1996). The Indiana State Constitution: A Reference Guide. Reference Guides to the Country Constitutions of the United States. Vol. 26. Westport, CT: Greenwood Printing. p. 2. ISBN978-0-313-29208-8.
  23. ^ Barnhart and Riker, p. 460.
  24. ^ a b McLauchlan, p. iv.
  25. ^ Madison, Hoosiers, p. 51.
  26. ^ It has been estimated that the original content the Indiana delegates drafted for the constitution accounts for less than x percent of the total document. The majority was modeled afterward the constitutions of older states, particularly those of Kentucky and Ohio. Run across McLachlan, p. 3.
  27. ^ Article Nine was partially based on the New Hampshire constitution. See Barnhart and Riker, pp. 450–56.
  28. ^ a b c d e f "An Outline of the Content and Sources of the 1816 Constitution," The Indiana Historian, p. 13.
  29. ^ a b c Barnhart and Riker, pp. 450–52.
  30. ^ McLauchlan, pp. iii, 4.
  31. ^ Barnhart and Riker, p. 450.
  32. ^ a b McLauchlan, p. 3.
  33. ^ Barnhart and Riker, pp. 453–55.
  34. ^ Barnhart and Riker, p. 457.
  35. ^ "Constitution of 1816: Commodity VIII". Indiana Historical Agency. Retrieved August 2, 2016.
  36. ^ Barnhart and Riker, p. 458.
  37. ^ Constitution of 1851, Article I, Section 37: "No indenture of whatsoever Negro or Mulatto, made and executed out of the bounds of the State, shall be valid with the State." See Charles Kettleborough (1930). Constitution Making in Indiana: A Source Book of Ramble Documents, with Historical Introduction and Critical Notes. Indiana Historical Collections. Vol. 1. Indianapolis: Indiana Historical Committee. p. 304. OCLC 3654268.
  38. ^ a b Barnhart and Riker, p. 456.
  39. ^ a b Barnhart and Riker, pp. 457–61.
  40. ^ a b c "The Terminal Steps to Statehood," The Indiana Historian, pp. 10–eleven.
  41. ^ a b c Barnhart and Riker, pp. 461–62.
  42. ^ Linda C. Gugin; James E. St. Clair, eds. (2010). Justices of the Indiana Supreme Court. Indianapolis: Indiana Historical Club Printing. pp. 1–11. ISBN9780871952882.
  43. ^ a b c "The Constitution of 1816, " The Indiana Historian, p. 12.
  44. ^ Dunn, v. 1, pp. 435–36.
  45. ^ Donald F. Carmony (1998). Indiana, 1816–1850: The Pioneer Era. The History of Indiana. Vol. I. Indianapolis: Indiana Historical Bureau and the Indiana Historical Society. pp. 403, 405–6.
  46. ^ Barnhart and Riker, p. 462–63.
  47. ^ Dunn, 5. 1, pp. 436–39.
  48. ^ a b c d e f thou h i Madison, Hoosiers, p. 133–34.
  49. ^ a b Carmony, p. 405.
  50. ^ Kettleborough, five. one, p. lxxxix.
  51. ^ Carmony, pp. 406–7.
  52. ^ a b c McLauchlan, pp. 9–10.
  53. ^ Of the 50 delegates elected from the senatorial districts, 33 were Democrats and 17 were Whigs. Of the 100 delegates chosen from the representative districts, 62 were Democrats and 38 were Whigs. See: Dunn, v. one, p. 440.
  54. ^ Merely Hamilton Canton voters elected the senatorial delegate for the senatorial district that included Hamilton, Boone, and Tipton Counties; voters in Daviess and Martin counties elected their delegates separately. See Kettleborough, vol. one, p. lxxxviii.
  55. ^ Carmony, pp. 408–9.
  56. ^ a b Kettleborough, v. I, p. 221.
  57. ^ Kettleborough, five. ane, p. lxxx.
  58. ^ Esarey, p. 455.
  59. ^ Dunn, v. 1, pp. 444-45, 447, and 465–74.
  60. ^ Dunn, v. 1, pp. 445–46 and 454.
  61. ^ Logan Esarey (1970). A History of Indiana from Its Exploration to 1850. Indianapolis, Indiana: Hoosier Heritage Press. p. 456.
  62. ^ Dunn, v. 1, pp. 442–43
  63. ^ Carmony, p. 449.
  64. ^ McLauchlan, p. 11.
  65. ^ Carmony, pp. 447 and 450.
  66. ^ Dunn, 5. 1, pp. 471 and 496.
  67. ^ Dunn, five. 1, p. 497.
  68. ^ Esarey, p. 460.
  69. ^ Madison, Hoosiers, p. 137–38.
  70. ^ Madison, Hoosiers, pp. 134 and 137.
  71. ^ Carmony, pp. 451.
  72. ^ a b Carmony, pp. 410, 416–xviii, and 450.
  73. ^ a b Carmony, p. 439.
  74. ^ a b Carmony, p. 450.
  75. ^ Dunn, v., pp. 446–68.
  76. ^ Emma Lou Thornbrough (1995). Indiana in the Civil State of war Era 1850–1880. The History of Indiana. Vol. 3. Indianapolis: Indiana Historical Gild. pp. 425–26. ISBN0871950502.
  77. ^ Dunn, v. 1, p. 447.
  78. ^ Esarey, p. 457.
  79. ^ Dunn, v. 1, pp. 451-52.
  80. ^ Carmony, p. 451.
  81. ^ a b Dunn, v.1, pp. 474–76.
  82. ^ Thornbrough, Indiana in the Civil War, pp. 506–07.
  83. ^ Kettleborough, pp. 281 and 346–49.
  84. ^ Dunn, v. 1, p. 436.
  85. ^ Esarey, p. 458.
  86. ^ a b Madison, Hoosiers, p. 135.
  87. ^ The delegates adopted Commodity 13, section 1, past a vote of 91 to twoscore. See: Carmony, p. 442.
  88. ^ Madison, Hoosiers, pp. 137 and 144.
  89. ^ Carmony, pp. 442 and 447.
  90. ^ Emma Lou Thornbrough (1993). The Negro in Indiana Before 1900: A Study of a Minority. Bloomington: Indiana University Press. pp. 233 and 235. ISBN0253359899.
  91. ^ a b Randall T. Shepard (Summer 2003). "For Human Rights: Slave Cases And The Indiana Supreme Courtroom". Traces of Indiana and Midwestern History. Indianapolis: Indiana Historical Guild. 15 (3): 40–41. Retrieved September 25, 2019.
  92. ^ a b Thornbrough, Indiana in the Civil State of war, pp. 250 and 267-68.
  93. ^ a b c "Commodity 13" in the Indiana Constitution in The Declaration of Independence; The United states Constitution; The Indiana Constitution. Indianapolis: Office of Indiana Chaser General. 2001. p. 65.
  94. ^ Dunn, v. 1, pp. 456–57.
  95. ^ Dunn, five. ane, pp. 463–64.
  96. ^ a b Thornbrough, Indiana in the Civil War Era, pp. 39–40.
  97. ^ Article 2, Section 2, initially limited suffrage to white male citizens of the United States who were at to the lowest degree 21 years of historic period and had resided in Indiana for at least half dozen months preceding the election, also equally foreign-born white males at to the lowest degree 21 years of age who had resided in Indiana for at least half dozen months prior to the election and had stated their intention to go U.S. citizens. Meet Kettleborough, v. one, p. 304.
  98. ^ Thornbrough, Indiana in the Civil State of war Era, pp. 267–68.
  99. ^ "Indiana and the 19th Subpoena (U.South. National Park Service)". www.nps.gov . Retrieved February eighteen, 2022.
  100. ^ a b "Article 2" in the Indiana Constitution in The Annunciation of Independence; The United states of america Constitution; The Indiana Constitution. Indianapolis: Office of Indiana Chaser General. 2001. p. 38.
  101. ^ "Introduction". 15th Amendment to the U.S. Constitution: Principal Documents in American History. Library of Congress. Retrieved September 26, 2019.
  102. ^ James H. Madison (1982). Indiana Through Tradition and Change: A History of the Hoosier Country and Its People 1920–1945. The History of Indiana. Vol. IV. Indianapolis: Indiana Historical Society. p. 36.
  103. ^ Madison, Indiana Through Tradition and Change, p. 87.
  104. ^ "Article x" in the Indiana Constitution in The Announcement of Independence; The United States Constitution; The Indiana Constitution. Indianapolis: Office of Indiana Attorney General. 2001. p. 62.
  105. ^ Thornbrough, Indiana in the Ceremonious State of war, annotation 34, p. 250.
  106. ^ "Article 12" in the Indiana Constitution in The Proclamation of Independence; The U.s.a. Constitution; The Indiana Constitution. Indianapolis: Office of Indiana Chaser General. 2001. pp. 64–65.
  107. ^ A state-past-country history of race and racism in the U.s.a.. Patricia Reid-Merritt. Santa Barbara, California. 2019. ISBN978-1-4408-5601-iii. OCLC 1035805500. {{cite book}}: CS1 maint: others (link)
  108. ^ "Commodity 4" in the Indiana Constitution in The Declaration of Independence; The United states Constitution; The Indiana Constitution. Indianapolis: Office of Indiana Attorney General. 2001. p. 41.
  109. ^ a b Shephard, p. 36.
  110. ^ "Polly Strong Slavery Case". Indiana Historical Bureau. Retrieved September 25, 2019.
  111. ^ "Mary Clark". Indiana Historical Bureau. Retrieved September 25, 2019.
  112. ^ Shephard, p. 39.
  113. ^ Shepard, p. twoscore.
  114. ^ "John Freeman". Indiana Historical Agency. Retrieved September 25, 2019.
  115. ^ Dunn, v. 1, p. 472.
  116. ^ "Current Indiana Constitution as amended 2018". Indiana General Assembly. Retrieved September 27, 2019.
  117. ^ Kettleborough, v. one, p. 84.
  118. ^ a b Kettleborough, five. 1, p. 295.
  119. ^ "Article 1" in the Indiana Constitution in The Proclamation of Independence; The United States Constitution; The Indiana Constitution. Indianapolis: Part of Indiana Chaser General. 2001. pp. i–5 and 33–37.
  120. ^ a b Kettleborough, v. ane, p. 304.
  121. ^ Kettleborough, v. one, pp. 310–23.
  122. ^ Kettleborough, five. ane, pp. 323–34.
  123. ^ "Commodity 5" in the Indiana Constitution in The Declaration of Independence; The United States Constitution; The Indiana Constitution. Indianapolis: Office of Indiana Attorney General. 2001. p. 45.
  124. ^ When the constitution of 1851 was initially approved by voters, the governor was non eligible to serve more than 4 years in an viii-year period. Run into Kettleborough, 5. one, p. 323.
  125. ^ Kettleborough, v. i, p. 325.
  126. ^ Kettleborough, v. 1, pp. 334–38.
  127. ^ Kettleborough, 5. i, pp. 339–46.
  128. ^ When the constitution of 1851 was initially canonical by voters, the Supreme Court could take a minimum of three and not more five judges, each i eligible for a six-year term. Come across Kettleborough, 5. 1, p. 339.
  129. ^ "Article seven" in the Indiana Constitution in The Declaration of Independence; The United States Constitution; The Indiana Constitution. Indianapolis: Function of Indiana Attorney Full general. 2001. p. 57.
  130. ^ Kettleborough, v. ane, pp. 346–49.
  131. ^ "Article 9" in the Indiana Constitution in The Proclamation of Independence; The United states Constitution; The Indiana Constitution. Indianapolis: Office of Indiana Chaser General. 2001. p. threescore.
  132. ^ Kettleborough, v. 1, p. 350.
  133. ^ Kettleborough, v. 1, pp. 350–54.
  134. ^ Kettleborough, 5. ane, p. 352.
  135. ^ Kettleborough, v. 1, pp. 350–58.
  136. ^ Kettleborough, v. 1, pp. 358–60.
  137. ^ "Article 12" in the Indiana Constitution in The Declaration of Independence; The United States Constitution; The Indiana Constitution. Indianapolis: Office of Indiana Attorney Full general. 2001. p. 64.
  138. ^ The constitution adopted in 1851 restricted militia service to white males betwixt the ages of eighteen and 45 years, except those exempted under federal or Indiana law. Run across Kettleborough, five. 1, p. 358.
  139. ^ As of 2019, Commodity 13 has only i section. Sections and wording related were repealed and removed from the constitution in 1881. Come across Kettleborough, pp. 360–63.
  140. ^ Kettleborough, p. 363.
  141. ^ Kettleborough, pp. 365–67.
  142. ^ a b c "Article xv" in the Indiana Constitution in The Proclamation of Independence; The United States Constitution; The Indiana Constitution. Indianapolis: Role of Indiana Attorney General. 2001. pp. 66–67.
  143. ^ Kettleborough, p. 367.
  144. ^ Kettleborough, pp. 367–68.

References [edit]

  • Barnhart, John D., and Dorothy L. Riker, eds. (1971). Indiana to 1816: The Colonial Period. The History of Indiana. Vol. I. Indianapolis: Indiana Historical Bureau and the Indiana Historical Guild. CS1 maint: multiple names: authors list (link)
  • Bennett, Pamela J., ed. (September 1999). "Indiana Statehood". The Indiana Historian: 4. CS1 maint: multiple names: authors list (link)
  • Bodenhamer, David J. and Randall T. Shepard, eds. (2006). The History of Indiana Constabulary. Police force, Society, and Politics in the Midwest. Athens, OH: Ohio Academy Printing. ISBN978-0821416372. CS1 maint: multiple names: authors listing (link) (online extract and text search)
  • Carmony, Donald F. (1998). Indiana, 1816–1850: The Pioneer Era. The History of Indiana. Vol. I. Indianapolis: Indiana Historical Bureau and the Indiana Historical Gild. pp. Xxx.
  • "Constitution of 1816: Article 8". Indiana Historical Bureau. Retrieved August 2, 2016.
  • "Electric current Indiana Constitution as amended 2018". Indiana General Assembly. Retrieved September 27, 2019.
  • The Annunciation of Independence; The United States Constitution; The Indiana Constitution. Indianapolis: Part of Indiana Attorney Full general. 2001.
  • Dunn, Jacob Piatt (1919). Indiana and Indianans: A History of Aboriginal and Territorial Indiana and the Century of Statehood. Chicago: American Historical Society.
  • Esarey, Logan (1970). A History of Indiana from Its Exploration to 1850. Indianapolis, Indiana: Hoosier Heritage Press. (reprint of Esarey, Logan, Kate Milner Rabb, and William Herschell, eds. (1924). History of Indiana From Its Exploration to 1922. Vol. ane (2nd ed.). Dayton, Ohio: Dayton Historical Publishing Visitor. CS1 maint: multiple names: authors list (link))
  • Griffin, Frederick P. (1974). The Story of Indiana's Constitution Elm, Corydon, Indiana, June 1816. Corydon, IN: General Impress Company. OCLC 3901490.
  • Gugin, Linda C., and James E. St. Clair, eds. (2010). Justices of the Indiana Supreme Court. Indianapolis: Indiana Historical Social club Press. ISBN9780871952882. CS1 maint: multiple names: authors list (link)
  • "Introduction". 15th Amendment to the U.S. Constitution: Primary Documents in American History. Library of Congress. Retrieved September 26, 2019.
  • "John Freeman". Indiana Historical Bureau. Retrieved September 25, 2019.
  • Kettleborough, Charles (1930). Constitution Making in Indiana: A Source Book of Constitutional Documents, with Historical Introduction and Critical Notes. Indiana Historical Collections. Vol. 1. Indianapolis: Indiana Historical Committee. OCLC 3654268.
  • Madison, James H. (2014). Hoosiers: A New History of Indiana. Bloomington and Indianapolis: Indiana University Press and the Indiana Historical Gild Press. ISBN978-0-253-01308-8.
  • Madison, James H. (1982). Indiana Through Tradition and Change: A History of the Hoosier State and Its People 1920–1945. The History of Indiana. Vol. Four. Indianapolis: Indiana Historical Society.
  • "Mary Clark". Indiana Historical Bureau. Retrieved September 25, 2019.
  • McLauchlan, William P. (1996). The Indiana State Constitution. Reference Guides to the State Constitutions of the United States. Vol. 26. Westport, CT: Greenwood Publishing Group. ISBN978-0-313-29208-8.
  • McLauchlan, William P. (1996). The Indiana Country Constitution: A Reference Guide. Greenwood Publishing Group. ISBN9780313292088.
  • "Polly Strong Slavery Instance". Indiana Historical Bureau. Retrieved September 25, 2019.
  • Shepard, Randall T. (Summer 2003). "For Human Rights: Slave Cases And The Indiana Supreme Court". Traces of Indiana and Midwestern History. Indianapolis: Indiana Historical Society. 15 (three): 34–41. Retrieved September 25, 2019.
  • "The Constitution of the Land of Indiana" (PDF). Indiana: Land of Indiana. 1851.
  • Thornbrough, Emma Lou (1995). Indiana in the Civil State of war Era 1850–1880. The History of Indiana. Vol. 3. Indianapolis: Indiana Historical Society. ISBN0871950502.
  • Thornbrough, Emma Lou (1993). The Negro in Indiana Earlier 1900: A Study of a Minority. Bloomington: Indiana University Printing. ISBN0253359899.

Run into besides [edit]

  • Indiana Supreme Court
  • Indiana Code
  • State constitution (United States) for a listing of links to land constitution manufactures

External links [edit]

  • Original Constitution of 1816
  • The original Constitution of 1851
  • The Constitution of 1851 as passed
  • Text of the present Constitution of Indiana from the Indiana General Associates

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Source: https://en.wikipedia.org/wiki/Constitution_of_Indiana

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