The Indiana State Constitution: A Reference Guide (Google eBook)

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Greenwood Publishing Group, Jan 1, 1996 - Law - 185 pages
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The only book-length investigation of the Indiana Constitution, this volume provides a realistic perspective of the formation and evolutionary change of the constitution's provisions. The 1851 Constitution has developed gradually since its adoption, with a minimum of formal amendments, and the constraints on government under the original act are evident today. Relying extensively on state court decisions and reasoning, this book illustrates the scattered and episodic adaptation of the constitutional language to current governmental needs. It shows the limited ability, imposed by the original act, of the state government to make adjustments to recent issues and pressures. This work shows the limitations that a heavily political context, evident in the original document, can impose on the development and operation of a constitution.

The book develops a clear outline of the current meaning of the provisions of the Indiana State Constitution and provides the historical and political context that accounts for its development. The treatment provides readers with an accurate, comprehensive perspective on the meaning of the Indiana Constitution.

  

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Contents

Parti The Constitutional History of Indiana
1
THE CONSTITUTION OF 1851
10
SUBSEQUENT AMENDMENTS TO THE 1851 CONSTITUTION
14
Part II The Indiana Constitution and Commentary
31
Article I The Bill of Rights
32
SECTION 1 Inherent and Inalienable Rights We Declare that all people are
33
SECTION 2 Natural Right to Worship All people shall be secured in
34
Freedom of Religious Opinions and Rights of Conscience No law
35
SECTION 8 Ineligible Persons No member of Congress or person holding any SECTION 9 Term of Office Commencement The official term of the ...
97
SECTION 11 President of the Senate Whenever the Lieutenant Governor shall act SECTION 12 CommanderinChief The Governor shall be comman...
99
SECTION 13 Messages by Governor to General Assembly The Governor shall from SECTION 14 Presentment of Bills for Signature Veto Power
100
SECTION 15 Administrative Officers and Departments The Governor shall transact all
102
SECTION 16 Laws Faithfully Executed The Governor shall take care that the SECTION 17 Pardons and Reprieves Exceptions The Governor may g...
103
SECTION 18 Vacancies Filling during Recess When during a recess of the
104
SECTION 19 Repealed Repealed November 6 1984 SECTION 20 Meeting Place of General Assembly Should the seat of government SECTION 21 ...
105
SECTION 22 Compensation of Governor The Governor shall at stated times receive for his services a compensation which shall neither be increased ...
106

SECTION 4 Freedom of Religion No preference shall be given by law SECTION 5 Religious Test for Office No religious test shall be required
37
SECTION 6 Public Money for Benefit of Religious or Theological Institutions No
38
SECTION 7 Witness Competent Regardless of Religious Opinions No person shall SECTION 8 Oath or Affirmation Administration The mode of ad...
39
SECTION 9 Right of Free Thought Speech Writing and Printing Abuse of Right
40
SECTION 10 Truth in Prosecution for Libel In all prosecutions for libel
41
SECTION 11 Unreasonable Search or Seizure Warrant The right of the people
42
SECTION 12 Courts Open Remedy by Due Course of Law Administration of
43
SECTION 13 Rights of Accused in Criminal Prosecutions In all criminal prosecutions
44
SECTION 14 Double Jeopardy and SelfIncrimination No person shall be put in
46
SECTION 15 Persons Arrested or Confined Treatment No person arrested or SECTION 16 Excessive Bail or Fines and Cruel and Unusual Punishme...
48
SECTION 17 Right to Bail and Unbailable Offenses Offenses other than murder
49
SECTION 18 Penal Code Founded on Reformation The penal code shall be
50
SECTION 19 Right of Jury to Determine Law and Facts in Criminal
51
SECTION 20 Trial by Jury in Civil Cases In all civil cases
52
SECTION 21 Right to Compensation for Services and Property No persons particular
53
SECTION 22 Privileges of Debtor Imprisonment for Debt The privilege of the
54
SECTION 23 Equal Privileges The General Assembly shall not grant to any
55
SECTION 24 Ex Post Facto Laws and Impairing Contracts No ex post SECTION 25 Effect of Laws No law shall be passed the taking
56
SECTION 26 Suspension of Operation of Law The operation of the laws SECTION 27 Suspension of Habeas Corpus Exception The privilege of the...
57
SECTION 28 Treason Against State Definition Treason against the State shall consist SECTION 29 Treason Against State Proof No person shall be c...
58
SECTION 30 Conviction Effect No conviction shall work corruption of blood or SECTION 31 Right to Assemble to Instruct and to Petition No law
59
SECTION 32 Bearing Arms The people shall have a right to bear SECTION 33 Military Subordinate to Civil Power The military shall be kept SECT...
60
SECTION 35 Titles of Nobility and Hereditary Distinctions The General Assembly SECTION 36 Freedom of Emigration Emigration from the State s...
61
Article II Suffrage and Elections SECTION 1 Free and Equal Elections All elections shall be free and
63
SECTION 2 Voting Qualifications Every citizen of the United States of the SECTION 3 Members of Armed Forces Residence No member of the ar...
64
SECTION 4 Residence Absence from State No person shall be deemed to SECTION 5 Repealed Repealed March 14 1881 SECTION 6 Disqualificati...
65
SECTION 7 Repealed Repealed November 6 1984 SECTION 8 Conviction of Infamous Crime The General Assembly shall have power SECTION 9...
66
SECTION 10 Collectors and Holders of Public Money Eligibility No person who
67
SECTION 11 Pro Tempore Appointment Term of Office In all cases in SECTION 12 Freedom from Arrest of Electors Exceptions In all cases except
68
SECTION 13 Election Methods All elections by the People shall be by SECTION 14 Time of Elections Judges of Courts Registration of Voters All
69
Article III Distribution of Powers SECTION 1 Three Separate Departments The powers of the Government are divided
71
Article IV Legislative SECTION 1 General Assembly Composition Style of Law The Legislative authority
74
SECTION 2 Senate and House of Representatives Membership The Senate shall not
75
SECTION 3 Senators and Representatives Tenure Senators shall be elected for the SECTION 4 Vacancies in General Assembly The General Assembl...
76
SECTION 5 Legislative Apportionment The General Assembly elected during the year
77
SECTION 6 Repealed Repealed November 6 1984 SECTION 7 Senators and Representatives Qualifications No person shall be a Senator or a Represe...
78
SECTION 8 Legislative Immunity Exceptions Senators and Representatives in all SECTION 9 Sessions of General Assembly The sessions of the Gen...
79
SECTION 10 Selection of Officers Rules of Proceedings Adjournment Each House
80
SECTION 11 Quorum Twothirds of each House shall constitute a quorum to SECTION 12 Journal Entry of Yeas and Nays Each House shall keep
81
SECTION 13 Open Session and Committee Meetings The doors of each House SECTION 14 Discipline of Members Either House may punish its me...
82
SECTION 15 Contempt by NonMembers Punishment Either House during its SECTION 16 Legislative Powers Each House shall have all powers nec...
83
SECTION 17 Bills Raising Revenue Bills may originate in either House but
84
SECTION 18 Reading and Passage of Bills Every bill shall be read SECTION 19 One Subject Acts Exceptions An act except an act for
85
SECTION 20 Acts and Resolutions Plain Language Every act and joint resolution SECTION 21 Repealed Repealed November 8 1960
86
SECTION 22 Local and Special Laws Restrictions The General Assembly shall not
87
SECTION 23 General and Uniform Laws In all cases enumerated in the
88
SECTION 24 Right to Sue the State Provisions may be made by
89
SECTION 25 Passage of Bills and Resolutions Signing A majority of all SECTION 26 Protest by Members Entry of Dissent on Journal Any member
90
SECTION 27 Public Laws Every statute shall be a public law unless SECTION 28 Effective Dates of Acts No act shall take effect until
91
SECTION 29 Compensation of Members Conditions The members of the General
92
SECTION 30 Holding of Public Office Eligibility No Senator or Representative shall
93
Article V Executive SECTION 1
94
SECTION 3 Election of Governor and Lieutenant Governor The Governor and SECTION 4 Method of Voting Each candidate for Lieutenant Gover...
95
SECTION 6 Contested Elections of Governor and Lieutenant Governor Contested SECTION 7 Qualifications of Governor and Lieutenant Governor ...
96
Article VI Administrative SECTION 1 State Officers Secretary Auditor and Treasurer Election There shall
108
SECTION 2 County officersClerk of Circuit Court Auditor Treasurer Sheriff
109
SECTION 3 Election or Appointment of Other County and Township Officers Such SECTION 4 County officersQualifications No person shall be el...
110
SECTION 5 State Officers Residence The Governor and the Secretary Auditor and SECTION 6 Local Officers Residence All county township and to...
111
SECTION 8 State County Township and Town Officers Impeachment and
112
SECTION 9 County Township and Town Offices Vacancies Vacancies in county SECTION 10 Powers of County Boards The General Assembly ma...
113
Article VII Judicial SECTION 1 Judicial Power The judicial power of the State shall be
114
SECTION 2 Supreme Court The Supreme Court shall consist of the Chief SECTION 3 Chief Justice The Chief Justice of the State shall be
116
SECTION 4 Jurisdiction of Supreme Court The Supreme Court shall have no
117
SECTION 5 Court of Appeals The Court of Appeals shall consist of SECTION 6 Jurisdiction of Court of Appeals The Court shall have no
118
SECTION 7 Judicial Circuits The State shall from time to time be
119
SECTION 8 Circuit Courts The Circuit Courts shall have such civil and SECTION 9 Judicial Nominating Commission There shall be one judicial no...
120
SECTION 10 Selection of Justices of the Supreme Court and Judges of
121
SECTION 11 Tenure of Justices of the Supreme Court and Judges of
122
SECTION 12 Substitution of Judges The General Assembly may provide by law
123
SECTION 13 Removal of Circuit Court Judges and Prosecuting Attorneys Any Judge SECTION 14 Repealed Repealed November 6 1984 SECTION...
124
SECTION 16 Prosecuting Attorneys There shall be elected in each judicial circuit SECTION 17 Grand Jury The General Assembly may modify or a...
125
SECTION 19
126
Article VIII Education SECTION 1
127
SECTION 2 Common School Fund The Common School fund shall consist of
128
SECTION 3 Principal and Income of Fund The principal of the Common SECTION 4 Investment and Distribution of Fund Interest The General Ass...
129
SECTION 5 Reinvestment of Unused Interest If any county shall fail to SECTION 6 Preservation of Fund by Counties Liability The several counties ...
130
SECTION 7 State Trust Funds Inviolate All trust funds held by the SECTION 8 State Superintendent of Public Instruction There shall be a State
131
Article IX State Institutions SECTION 1 Institutions for the Deaf Mute Blind and Insane It shall
133
SECTION 2 Institutions for Juvenile Offenders The General Assembly shall provide SECTION 3 County Asylum Farms The counties may provide f...
134
Article X Public Finance SECTION 1 Property Assessment and Taxation a The General Assembly shall
135
SECTION 2 Public Debt Payment All the revenues derived from the sale SECTION 3 Appropriations Made by Law No money shall be drawn from
137
SECTION 4 Receipts and Expenditures Publication An accurate statement of the receipts and expenditures of the public money shall be published wit...
138
SECTION 6 Corporation Stock and Subscription by Counties State Assumption of
139
SECTION 7 Wabash and Erie Canal No law or resolution shall ever SECTION 8 Income Tax Levy and Collection Authorized The general assembly ...
140
Article XI Corporations SECTION 1 Banks Banking Companies and Moneyed Institutions Incorporation
142
SECTION 2 General Banking Laws Exception No banks shall be established SECTION 3 Registry by State of Votes If the General Assembly shall
143
SECTION 4 Banks and Branches of Banks Charter The General Assembly may SECTION 5 Bank Branches Mutually Liable If the General Assembly...
144
SECTION 8 Holders of Bank Notes Holders of bank notes shall be SECTION 9 Interest Rates No bank shall receive directly or indirectly a
145
SECTION 10 Repealed Repealed November 5 1940 SECTION 11 Trust Funds Investment in Banks with Branches The General Assembly SECTION...
146
SECTION 13 Corporations Other Than Banking Creation Corporations other than SECTION 14 Liability of Stockholders Dues from corporations sh...
147
Article XII Militia SECTION 1
149
SECTION 2 CommanderinChief The Governor is CommanderinChief of the militia SECTION 3 Adjutant General There shall be an Adjutant Genera...
150
SECTION 5 Repealed Repealed November 5 1974 SECTION 6 Repealed Repealed November 5 1974
151
Article XIII Municipal Debt SECTION 1 Limitations on Debt Excess Exceptions No political or municipal
152
SECTION 2 Repealed Repealed March 14 1881 SECTION 3 Repealed Repealed March 14 1881
153
SECTION 4 Repealed Repealed March 14 1881
154
Article XIV Boundaries SECTION 1 Boundaries of State Established In order that the boundaries of
155
SECTION 2 Jurisdiction and Sovereignty The State of Indiana shall possess
156
Article XV Miscellaneous SECTION 1 Nonconstitutional Officers Appointment All officers whose
157
SECTION 2 Term of Office When the duration of any office is SECTION 3 Holding Over of Office Pending Successor Whenever it is provided
158
SECTION 4 Oath of Affirmation of Office Every person elected or appointed SECTION 5 Seal of State There shall be a Seal of State SECTION 6 C...
159
SECTION 7 Areas of Counties No county shall be reduced to an SECTION 8 Repealed Repealed November 8 1988 SECTION 9 State Grounds in In...
160
Article XVI Amendments SECTION 1 Constitutional Amendments Procedure Any amendment or amendments
162
SECTION 2 Multiple Amendments Separate Vote If two or more amendments shall be submitted at the same time they shall be submitted in such ma...
163
Notes
165
Table of Cases
169
Index
181
Copyright

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About the author (1996)

WILLIAM P. McLAUCHLAN is Associate Professor of Political Science at Purdue University.

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