Louisiana State Constitutions

Louisiana State Constitution

1. Historical Context

  • First State Constitution: Lacked formal reference to civil rights and liberties; focused on the powers of the three branches of government.

  • Patterned after the Kentucky Constitution but with notable differences.

2. Legal Provisions

  • Continuity of Laws: Existing territorial laws would remain in force until the legislature altered them; legislature must specify legal provisions over general references to laws.

  • Ensured retention of the civil law system over the adoption of common law practices.

3. Bilingual and Cultural Identity

  • Document Characteristics: The constitution was a bilingual document, authoritative in both French and English.

  • Majority of delegates were French speakers, highlighting Louisiana's francophone culture and a strong sense of identity.

4. Symbolism in the Language

  • Language reflected societal differences and shaped understandings of legal concepts; French terminology associated with civil law, while English reflected common law.

  • Official French preamble indicates a distinct cultural perspective.

5. Subsequent Constitutions

  • 1845 Constitution: Expanded state authority, especially in education.

  • 1861 Constitution: Drafted during secession; emphasized state power.

  • 1868 Reconstruction Constitution: Introduced a formal Bill of Rights after Civil War, primarily due to conditions for re-entry into the Union.

  • 1898 Constitution: Retained Bill of Rights but favored governance by the institutional framework.

6. Political Dynamics

  • Constitution of 1921: Represented extensive amendments, mainly aggrandized the power of the executive branch; allowed the governor significant influence.

  • Huey P. Long's era exemplified concentration of power and political patronage.

7. Modern Constitutional Framework (1974)

  • Aimed to reduce governmental scope and emphasize individual rights.

  • Created by an elite group reflecting a departure from prior constitutional traditions.

  • Although liberal democratic values were emphasized, traditional values had lasting impacts on society and judicial approach.

8. Judicial Precedents and Cases

  • City of New Orleans vs. Mallie Lewis: Examined limitations of free speech vs. police authority's need to maintain order.

    • Court upheld law against