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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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THE INDIANA STATE CONSTITUTION: A Reference Guide
William P. McLauchlan
GREENWOOD PRESS
THE INDIANA STATE CONSTITUTION
THE INDIANA STATE CONSTITUTION A Reference Guide William P. McLauchlan
REFERENCE GUIDES TO THE STATE CONSTITUTIONS OF THE UNITED STATES, NUMBER 25 G. Alan Tarr, Series Editor
GREENWOOD PRESS Westport, Connecticut • London
Library of Congress Cataloging-in-Publication Data McLauchlan, William P. The Indiana State Constitution : a reference guide / William P. McLauchlan. p. cm.—(Reference guides to the state constitutions of the United States ; no. 25) Includes bibliographical references and index. ISBN 0–313–29208–6 (alk. paper) 1. Indiana—Constitution. 2. Indiana—Constitutional law. I. Title. II. Series. KFI3401 1851.A6M38 1996 342.772'02—dc20 [347.72022] 95–47184 British Library Cataloguing in Publication Data is available. Copyright 1996 by William P. McLauchlan All rights reserved. No portion of this book may be reproduced, by any process or technique, without the express written consent of the publisher. Library of Congress Catalog Card Number: 95–47184 ISBN: 0–313–29208–6 First published in 1996 Greenwood Press, 88 Post Road West, Westport, CT 06881 An imprint of Greenwood Publishing Group, Inc. Printed in the United States of America TM
The paper used in this book complies with the Permanent Paper Standard issued by the National Information Standards Organization (Z39.48–1984). 10 9 8 7 6 5 4 3 2 1
To David Fellman Vilas Professor of Political Science University of Wisconsin 1964–1978 a Scholar and a Gentleman, a Fine Teacher
Contents
SERIES FOREWORD by G. Alan Tarr ACKNOWLEDGMENTS PART I. THE CONSTITUTIONAL HISTORY OF INDIANA The 1816 Constitution The Constitution of 1851 Subsequent Amendments to the 1851 Constitution
xv xix 1 1 10 14
PART II. THE INDIANA CONSTITUTION AND COMMENTARY
31
Article I: The Bill of Rights
32
Section 1. Inherent and Inalienable Rights Section 2. Natural Right to Worship Section 3. Freedom of Religious Opinions and Rights of Conscience Section 4. Freedom of Religion Section 5. Religious Test for Office Section 6. Public Money for Benefit of Religious or Theological Institutions Section 7. Witness Competent Regardless of Religious Opinions Section 8. Oath or Affirmation; Administration Section 9. Right of Free Thought, Speech, Writing and Printing; Abuse of Right Section 10. Truth in Prosecution for Libel
33 34 35 37 37 38 39 39 40 41
viii
Contents
Section 11. Unreasonable Search or Seizure; Warrant Section 12. Courts Open; Remedy by Due Course of