The Indiana State Constitution: A Reference Guide

Front Cover
Greenwood Publishing Group, 1996 - Law - 185 pages

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

THE CONSTITUTIONAL HISTORY OF INDIANA
1
The Constitution of 1851
10
Subsequent Amendments to the 1851 Constitution
14
THE INDIANA CONSTITUTION AND COMMENTARY
31
The Bill of Rights
32
Section 1 Inherent and Inalienable Rights
33
Section 2 Natural Right to Worship
34
Section 3 Freedom of Religious Opinions and Rights of Conscience
35
Section 8 Ineligible Persons
97
Section 11 President of the Senate
99
Section 13 Messages by Governor to General Assembly
100
Section 15 Administrative Officers and Departments
102
Section 16 Laws Faithfully Executed
103
Vacancies Filling during Recess
104
Section 19 Repealed
105
Section 22 Compensation of Governor
106

Section 4 Freedom of Religion
37
Section 6 Public Money for Benefit of Religious or Theological Institutions
38
Section 7 Witness Competent Regardless of Religious Opinions
39
Section 9 Right of Free Thought Speech Writing and Printing Abuse of Right
40
Section 10 Truth in Prosecution for Libel
41
Section 11 Unreasonable Search or Seizure Warrant
42
Section 12 Courts Open Remedy by Due Course of Law Administration of Justice
43
Section 13 Rights of Accused in Criminal Prosecutions
44
Section 14 Double Jeopardy and SelfIncrimination
46
Section 15 Persons Arrested or Confined Treatment
48
Section 17 Right to Bail and Unbailable Offenses
49
Section 18 Penal Code Founded on Reformation
50
Section 19 Right of Jury to Determine Law and Facts in Criminal Cases
51
Section 20 Trial by Jury in Civil Cases
52
Section 21 Right to Compensation for Services and Property
53
Section 22 Privileges of Debtor Imprisonment for Debt
54
Section 23 Equal Privileges
55
Section 24 Ex Post Facto Laws and Impairing Contracts
56
Section 26 Suspension of Operation of Law
57
Section 28 Treason Against State Definition
58
Section 30 Conviction Effect
59
Section 32 Bearing Arms The people shall have a right to bear arms for the defense of themselves and the State
60
Section 35 Titles of Nobility and Hereditary Distinctions
61
Suffrage and Elections
63
Section 2 Voting Qualifications
64
Section 4 Residence Absence from State
65
Section 7 Repealed
66
Section 10 Collectors and Holders of Public Money Eligibility
67
Section 11 Pro Tempore Appointment Term of Office
68
Section 13 Election Methods
69
Distribution of Powers
71
Legislative
74
Section 2 Senate and House of Representatives Membership
75
Section 3 Senators and Representatives Tenure
76
Section 5 Legislative Apportionment
77
Section 6 Repealed
78
Section 8 Legislative Immunity Exceptions
79
Section 10 Selection of Officers Rules of Proceedings Adjournment
80
Section 11 Quorum
81
Section 13 Open Session and Committee Meetings
82
Section 15 Contempt by NonMembers Punishment
83
Section 17 Bills Raising Revenue
84
Section 18 Reading and Passage of Bills
85
Section 20 Acts and Resolutions Plain Language
86
Section 22 Local and Special Laws Restrictions
87
Section 23 General and Uniform Laws
88
Section 24 Right to Sue the State
89
Section 25 Passage of Bills and Resolutions Signing
90
Section 27 Public Laws
91
Section 29 Compensation of Members Conditions
92
Section 30 Holding of Public Office Eligibility
93
Executive
94
Section 3 Election of Governor and Lieutenant Governor
95
Section 6 Contested Elections of Governor and Lieutenant Governor
96
Administrative
108
Section 2 County Officers Clerk of Circuit Court Auditor Treasurer Sheriff Coroner and Surveyor Election
109
Section 3 Election or Appointment of Other County and Township Officers
110
Section 5 State Officers Residence
111
Section 8 State County Township and Town Officers Impeachment and Removal
112
Section 9 County Township and Town Offices Vacancies
113
Judicial
114
Section 2 Supreme Court
116
Section 4 Jurisdiction of Supreme Court
117
Section 5 Court of Appeals
118
Section 7 Judicial Circuits
119
Section 8 Circuit Courts
120
Section 10 Selection of Justices of the Supreme Court and Judges of the Court of Appeals
121
Section 11 Tenure of Justices of the Supreme Court and Judges of the Court of Appeals
122
Section 12 Substitution of Judges
123
Section 13 Removal of Circuit Court Judges and Prosecuting Attorneys
124
Section 16 Prosecuting Attorneys
125
Section 19 Pay
126
Education
127
Section 2 Common School Fund
128
Section 3 Principal and Income of Fund
129
Section 5 Reinvestment of Unused Interest
130
Section 7 State Trust Funds Inviolate
131
State Institutions
133
Section 2 Institutions for Juvenile Offenders
134
Public Finance
135
Section 2 Public Debt Payment
137
Section 4 Receipts and Expenditures Publication
138
Section 6 Corporation Stock and Subscription by Counties State Assumption of County Debts
139
Section 7 Wabash and Erie Canal
140
Corporations
142
Section 2 General Banking Laws Exception
143
Section 4 Banks and Branches of Banks Charter
144
Section 8 Holders of Bank Notes
145
Section 10 Repealed
146
Section 13 Corporations Other Than Banking Creation
147
Militia
149
Section 2 CommanderinChief
150
Section 5 Repealed
151
Municipal Debt
152
Section 2 Repealed
153
Section 4 Repealed
154
Article XIV Boundaries
155
Section 2 Jurisdiction and Sovereignty
156
Miscellaneous
157
Section 2 Term of Office
158
Section 4 Oath of Affirmation of Office
159
Section 7 Areas of Counties
160
Amendments
162
Section 2 Multiple Amendments Separate Vote
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./e He has been teaching public law and judicial process for more than twenty years. His research interests focus on court caseloads, lawyers and the legal profession, and constitutional law.

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