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85-419: The commission is responsible for creating a list of three candidates to fill vacant positions on the state judiciary. The commission follows a set of guidelines in the state constitution to determine eligibility for the positions, and to ensure that they only nominate the best qualified candidates that are available. The Governor then chooses a candidate from the list to fill the vacant position. The commission has

170-428: A "general system of education, ascending in regular gradation, from township schools to a state university, wherein tuition shall be gratis and equally open to all." This was a significant alteration and expansion of the education clauses of the template constitutions used during the convention. Because the opening phrase did not provide a specific timetable for implementation, a state-supported system of public education

255-471: A bill for an Enabling Act , 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.S. Senate on April 13. President James Madison signed the Enabling Act into law on April 19, 1816. If a majority of the delegates to Indiana's constitutional convention agreed, the delegates would proceed to create

340-611: A constitutional amendment to replace the previous system of electing judges and justices. Under the original 1816 constitution of Indiana, judges were appointed by the Governor and confirmed by the Indiana Senate , and would serve terms of six years. The system came to be criticized when Governor James B. Ray refused to reappoint two members of the Supreme Court for political reasons. A similar situation occurred during

425-430: A cost-cutting measure. Although there had been previous attempts to initiate another constitutional convention, the state legislature was finally successful in calling for Indiana's second constitutional convention until 1849. Its delegates convened at Indianapolis in 1850. The state constitution of 1816 was replaced with a new state constitution in 1851. On January 15, 1849, the state legislature finally approved

510-512: A federal act was approved to extend federal laws to Indiana. The 1816 constitution was never amended, although some of its provisions were criticized after its adoption. Demands for changes to constitution were made as early as 1820, but referendums in 1823, 1828, 1840, and 1846 on holding a constitutional convention were unsuccessful. In addition, fifteen more efforts to convene a state constitutional convention were made between 1820 and 1847, but they also failed. The most notable criticisms of

595-611: A financial crisis in the 1840s in Indiana due to overspending, a result of the Indiana Mammoth Internal Improvement Act , caused the state government to become insolvent. The state's financial situation and ongoing calls for constitutional changes to prevent another crisis increased interest in a constitutional mandate that prohibited the state from incurring debt. Another popular idea was holding biennial, as opposed to annual, legislative sessions as

680-567: A new elected office, the state superintendent of public instruction, and gave the state some authority in setting curriculum. During the convention, delegates also considered abolishing the "State University" and county seminaries. Although efforts to abolish the university were unsuccessful, Article 8, Section 2, of the new constitution authorized the sale of county seminaries with the proceeds to be used to help fund Indiana's public elementary schools. Article 8 did not specifically identify Indiana University or guarantee its financial support; however,

765-399: A referendum, after several previous unsuccessful attempts, to hold a constitutional convention in 1850, two years before the required twelve-year referendum mandated in the constitution of 1816, provided that a majority of voters favored the idea at the next regular election. In August 1849, a total of 81,500 voters favored and 57,418 opposed a constitutional convention. The clear majority cased

850-509: A sergeant-at-arms and a doorkeeper. Judge Isaac Blackford of the Indiana Supreme Court administered the oath of office. Convention delegates were appointed to twenty-two standing committees to review proposed items and considered 333 resolutions. Prior to the convention, the state's political parties (Democrats and Whigs) adopted a set of proposals that they want to incorporate into the constitution. Whigs wanted offices in

935-530: A state constitution. As outlined in the Enabling Act, election of delegates to Indiana's first constitutional convention took place on May 13, 1816. The convention at Corydon , the territorial capital in Harrison County , began on Monday, June 10, 1816. The convention's elected delegation of forty-three men were apportioned among the thirteen counties that were "in existence prior the 1815 General Assembly" and based on each county's population. In

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1020-529: A stockholder and banned the creation of other state-funded banks. Among the other important changes was the abandonment of the short ballot , 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 Democratic hold on power. Several other changes to the constitution related to election concerns. Terms for elected office included

1105-406: A strong commitment to public school education, especially elementary schools (common schools), by mandating a "uniform system of common schools, equally open to all and free of tuition." The constitution also required the state 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

1190-477: A two-year term for representatives and four-year terms for the governor and state senators. The constitution of 1851 also called for the popular election of more state government positions such as the secretary of state, state treasurer, state auditor, prosecuting attorney, and judges, as well as other county and local officials such as clerk, auditor, treasurer, sheriff, and coroner. In most cases, these officeholders were limited to two consecutive terms. In addition,

1275-454: Is also responsible for determining the qualifications of candidates who apply for state judgeship. The commission is responsible for addressing complaints about the courts and investigating problems within the courts. The commission also audits the judges to ensure compliance with the Code of Judicial Conduct. Although the commission has no power to enforce its decisions, it does submit reports to

1360-541: Is chaired by the Chief Justice of the Indiana Supreme Court, unless the Chief Justice chooses a different justice to chair the commission instead. Three of the other members, who may not be lawyers, are citizens of Indiana appointed by the governor. The remaining three members must be among, and are elected by, those admitted to the practice of law in Indiana. The Commission was established in 1970 by

1445-523: Is composed of a preamble, articles, and amendments. Among other provisions, it specifies a republican form of government (pursuant to Article IV, Section 4, of the U.S. Constitution) consisting of three branches: executive (including administration), legislative, and judicial. The state 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 General Assembly may amend

1530-407: Is still preserved.) 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 day they attended the convention, as well as printing costs for the final version of the document and the acquisition of benches, tables, books, and stationery for

1615-476: Is the highest body of state law in the U.S. state of Indiana . It establishes the structure and function of the state and is based on the principles of federalism and Jacksonian democracy . Indiana's constitution is subordinate only to the U.S. Constitution and federal law . Prior to the enactment of Indiana's first state constitution and achievement of statehood in 1816, the Indiana Territory

1700-563: The constitution , subject to ratification by vote of the people, as specified in Article 16 of Indiana's 1851 constitution. In 1811 the Indiana Territory 's House of Representatives adopted a memorial to the U.S. Congress asking permission for its citizens "to form a government and constitution and be admitted to the Union", but the War of 1812 delayed the process until 1815. Some members of

1785-591: The Northwest Ordinance of 1787, efforts to pass a request to consider statehood for Indiana were renewed. On December 11, 1815, the territory's House of Representatives voted seven to five in favor of the memorial to Congress stating its qualification to become a state. The request was presented in the U.S. House of Representatives on December 28, 1815, and introduced in the U.S. Senate on January 2, 1816. A House committee chaired by Jonathan Jennings , Indiana's territorial representative, reported out

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1870-595: The South ; all but nine had lived below the Mason-Dixon line before their arrival in the Indiana Territory. The youngest delegate (Joseph Holman of Wayne County) was twenty-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. Daniel Grass, the sole delegate from Warrick County, was excused on June 19 for

1955-413: The 1816 constitution were Corydon's identification as the seat of state government for the next nine years, inadequate provisions for amending the constitution, prohibition of salary increases for state government officials until 1819, term limits for judges, and a failure to provide for selection of a state attorney general or prosecuting attorney. Some critics felt that decisions regarding these issues were

2040-579: The 1816 document, the new constitution retained other features such as the basic frame of a limited self-government for the state. The 1851 version, which was longer and more detailed than the 1816 constitution, combined "Jacksonian Democracy with a vigorous emphasis on economic laissez faire," reflecting the state's financial crisis in the late 1830s and early 1840s. The new constitution also continued to support strong local control of government, confirming Indiana voters' general distrust of state government. The constitution of 1851 placed several limitations on

2125-560: The 1849–50 session of the Indiana General Assembly to pass legislation calling for the election in August 1850 of 150 delegates apportioned among the Indiana General Assembly's senatorial and representative districts and based on the number of voters within 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

2210-715: The Hall of Representatives at the Indiana Statehouse in Indianapolis on October 7, 1850. Charles H. Test called the meeting to order 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 was elected to serve as the convention secretary, along with three assistant secretaries. Appointed officials included

2295-528: The Indiana General Assembly's activities. Biennial legislative sessions were limited to 61 consecutive days (40 consecutive days for special sessions). To prevent the state legislature from interfering in local affairs, the General Assembly was restricted to general legislation applicable to the entire state and limited local and special interest legislation. In addition, the state government was prohibited from going into debt. The new constitution gave

2380-440: The Supreme Court of Indiana was made an elective body. The number of Indiana Supreme Court judges was increased from three to five and their terms were extended to six years. The state's lower courts system was reorganized as well. For example, circuit court judges and local justices were made elective offices. The constitution of 1851 extended voting rights to foreign-born men who had immigrated to Indiana. To vote in Indiana under

2465-533: The Supreme Court, which decides what portion of the commission's recommendations to follow. The commission is a constitutional body established by article seven of the Constitution of Indiana . In addition to its constitutional authority, the Indiana General Assembly has granted the commission additional statutory authority in the Indiana Code . The commission has a total of seven members. Further, it

2550-642: The United States had lived in Indiana for at least one year. Under Article VII all "able-bodied" white men between the ages of 18 and 45 were required to serve in the militia when called upon to do so. 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. The constitution's first mention of slavery appears in Article VIII, Section 1, which expressly prohibited alteration or amendment of

2635-468: The anti-territorial governor and anti-slavery faction, emerged in favor of statehood. The opposing consisted mostly of Harrison's friends and supporters of the territorial legislature who opposed statehood. The summer heat often caused the delegation to move outdoors and work beneath the shade of a giant elm tree that would later be memorialized as the Constitution Elm. (A portion of the trunk

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2720-409: The authority to choose who, among the sitting supreme court associate justices, will serve as Chief Justice of the Indiana Supreme Court, and, whenever a lower state court has requested that a senior judge be appointed to it, to certify to the Supreme Court whether a person seeking appointment as the senior judge has met the requirements for appointment, as established by the Supreme Court. The commission

2805-514: The constitution also 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. Although the Indiana Supreme Court's ruling in Smith v. Moody (1866), struck down Article 13, making it invalid, it

2890-451: The constitution as a whole with 113,230 votes in favor and 27,638 opposed, an 80.38 percent favorable approval among voters. Ohio County was the only one where the majority of voters rejected the new constitution (315 voted in favor and 438 opposed). On September 3, 1851, Governor Joseph A. Wright issued a proclamation certifying the favorable results for the new constitution, which went into effect on November 1, 1851. Elected officials in

2975-410: The constitution of 1851 was Indiana's lax election laws, which frequently led to election-day irregularities and accusations of voter fraud. Article 2, Section 2, outlined who was eligible to vote, but the constitution did not have specific provisions for voter regulations or include details to assure bipartisan election boards. Among the constitutional amendments passed in 1881 was one that extended

3060-533: The constitution was based on Jacksonian democracy , which significantly expanded the democratic principles of individual rights, private enterprise, and legislative restrictions. 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 13 prohibited further immigration of African Americans into Indiana and encouraged their colonization outside

3145-416: The constitutions of these two states, along with others such as Pennsylvania , New Hampshire , and Tennessee , for ideas and concepts as well as specific text. Content from the other state constitutions was chosen based on the Indiana delegates' preferences for their new state. Occasionally, original text was composed for specific articles or sections when the appropriate wording in other state constitutions

3230-465: The convention and was later elected the first governor of Indiana, appointed the delegates to various committees; William Hendricks , although he was not an elected delegate, served as the convention's secretary and was later elected as the new state's first representative to Congress. In addition to Jennings, notable members of the delegation included Franklin County delegates James Noble (who became

3315-478: The convention. However, Indiana voters elected convention delegates along party lines. The result (95 Democrats and 55 Whigs) was roughly a two-thirds to one-third split between the two parties. 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 percent were lawyers. The constitutional convention of 150 delegates convened in

3400-427: 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. The revised state 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. The final version of

3485-419: The delegates. The delegates adopted the constitution with a simply majority vote (33 to 8). The new constitution became effective on June 29, 1816, the last day of the convention, when the delegates signed the document. It was not submitted to Indiana's voters for ratification. Indiana's 1816 constitution, considered the most important document in the state's history, represented the more democratic views of

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3570-439: The early nineteenth century some of the Indiana Territory's citizens opposed statehood. The major concerns were the loss of financial support from the federal government if it 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 even larger and the state's economy and political structure was more firmly established. The majority of

3655-515: The election of other state officials. The judicial branch, as outlined in Article V, included the state's Supreme Court , circuit courts, and other inferior courts. The constitution allowed the state legislature to create and adjust state courts and judicial districts and the governor was given the authority to appoint judges to serve seven-year terms with input and confirmations from the state senate. Article VI granted voting rights to white males twenty-one years of age and older who were citizens of

3740-489: The election of state officials and representation in the Indiana General Assembly and the U.S. Congress. Elections of state officers were held under the laws of the Indiana Territory on August 5, 1816. Jonathan Jennings was elected governor, Christopher Harrison was elected lieutenant governor, and William Hendricks was elected to the U.S. House of Representatives. The Indiana General Assembly met for

3825-409: The executive, judicial, and legislative branches at all levels of government to be publicly elected offices; Article II expanded suffrage to all males over the age twenty-one, excluding blacks and foreign-born men; biannual sessions of the state legislature (as opposed to annual sessions); a ban on the state government from incurring public debt; minimum funding requirements for public schools; requiring

3910-531: The first U.S. Senator from Indiana after it achieved statehood) and Robert Hanna (who became Indiana's second U.S. Senator after statehood); Harrison County delegates Dennis Pennington and Davis Floyd ; and among others, William Henry Harrison's friends and political allies: Benjamin Parke, John Johnson, John Badollet, and William Polke (delegates from Knox County), David Robb of Gibson County, and James Dill of Dearborn County. Most convention delegates had ties to

3995-461: The first day of the convention, forty-two delegates convened at Corydon to discuss statehood for Indiana. The convention's forty-third delegate, Benjamin Parke , did not arrive until June 14. Thirty-four of the elected delegates agreed on the issue of statehood. On June 11, the delegation passed a resolution (34 to 8) to proceed with task of writing the state's first constitution and forming a state government. Jonathan Jennings , who presided over

4080-416: The first time under the new constitution and state government on November 4, 1816. Jennings and Harrison were inaugurated on November 7. The state legislature elected James Noble and Waller Taylor to the U.S. Senate on the following day. Hendricks was sworn into office and seated as a member of the U.S. House on December 2, 1816. President James Madison signed the congressional resolution admitting Indiana as

4165-481: The first week of sessions organizing the convention. Because the House chamber in the statehouse was too small for the gathering, the state government rented the nearby Masonic Temple . The opening session in the Mason Temple convened on December 26, 1850. The convention, which cost $ 88,280.37 (~$ 2.57 million in 2023), included 127 days of sessions before adjourning on February 10, 1851. Prior to adjournment,

4250-510: The militia until voters passed an amendment in 1936 to remove this restriction. Article 12 was further amended in 1974 to revise sections 1 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. Article 13 openly banned African Americans settlement in Indiana and imposed fines on anyone employing or helping them to settle in

4335-518: The nineteenth state in the Union "on equal footing with the original states in all respects whatever" on December 11, 1816, which is considered the state's birthday. Noble and Taylor were sworn into office seated as members of the U.S. Senate on December 12, 1816. Jennings appointed three judges ( Jesse Lynch Holman , John Johnson, and James Scott) to serve seven-year terms on the Indiana Supreme Court, effective December 28, 1816. The final step to achieve statehood for Indiana occurred on March 3, 1817, when

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4420-410: The previous constitution, foreign-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 age of 21, stated their intention to become a naturalized citizen, and had lived in the United States for a year and in Indiana for at least six months. The new constitution made

4505-502: 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. Harrison's allies supported slavery within the territory and maintaining Indiana's territorial status with a federally-appointed governor. The anti-slavery faction preparing for statehood hoped to institute a constitutional ban on slavery. On June 10, 1816,

4590-421: The pro-statehood/anti-slavery faction. The document emerged from the constitutional convention as a statement of the "values and beliefs" of Indiana's pioneer era. The state's first constitution is similar to that of the other state constitutions written around the same time. Because Ohio and Kentucky were the newest states closest to Indiana, the delegates to the Indiana constitutional convention referred to

4675-412: The punishment of crimes, whereof the party shall have been duly convicted." Indiana's 1851 constitution contains similar content, but clarified the legal status of slaves and indentured servants when they came into the state. Article IX outlined plans for public education. Its central item, which was new to American constitutions, included a clause that established "As soon as circumstances will permit"

4760-485: The ratification of the Nineteenth Amendment , Indiana voters ratified a state constitution amendment to grant suffrage to women. The 1921 amendment also limited voting rights to U.S. citizens. Indiana voters passed an amendment to institute a state income tax in 1932, resulting in the addition of Article 10, Section 8, to the state constitution. Article 12, Section 1, allowed only white men to serve in

4845-411: The remainder of the convention due to ill health. 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 articles for the new constitution, and adoption of a final version of the document. Although the members of the delegation did not all agree, a majority group, mostly associated with

4930-413: The responsibility of the elected representatives to the state legislature. Others who opposed statehood at the time viewed the new state constitution as "premature." In the years following its adoption, rapid social change initiated the need to revise the state's constitution. Major concerns with the state's constitution related to the issue of slavery; limiting governmental powers and jurisdictions within

5015-423: The return to annual sessions of Indiana General Assembly; however, the governor was empowered to call special sessions of the state legislature if necessary. The long session, which occurred the year after an election, was left the same (61 days); however, the shorter legislative session in the following year was authorized to meet for a 30-day period. (The initial constitution of 1851 authorized biannual sessions of

5100-613: The same rights as the U.S. Bill of Rights , including civil liberties and such basic freedoms as the freedom of speech, the right to bear arms, and freedom of religion, among others. Article II called for the separation of powers between the legislative, executive, and judicial branches of state government. Articles III, IV, and V outlined the powers of the state's legislative, executive, and judicial branches of government. Its bicameral legislature divided powers between two chambers (the state's House of Representatives and its Senate), each one composed of elected members. The state legislature

5185-629: The state constitution from ever permitting the introduction of slavery or involuntary servitude into the state. As one of the state constitution's most important 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 holding any part of the human Creation in slavery, or involuntary servitude, can only originate in usurpation and tyranny, no alteration of this constitution shall ever take place so as to introduce slavery or involuntary servitude in this State, otherwise than for

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5270-411: The state constitution in 1881. Another problem was the organization of the courts. The Supreme Court became overloaded with cases and an appellate court was created at the turn 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 made appointed positions, a list of candidates

5355-543: The state courts and established the Indiana Judicial Nominating Commission to replace the method of publicly electing judges. The new system was intended to make to judicial branch of the government more independent by giving it measure of control over selecting its own members, but limiting their power by making their choice subject, in part, to the approval of the governor. Constitution of Indiana The Constitution of Indiana

5440-502: The state government to function as a loosely bound unit. "The People" were explicitly noted as being the sovereigns of the state. The preamble outlined Indiana's rights to join the Union "on equal footing with the original states" in accordance with the laws of the U.S. Constitution, the Northwest Ordinance of 1787, and the Enabling Act. Article I, which contained a bill of rights for Indiana's citizens, conferred many of

5525-483: The state government were permitted to retain their seats until elections were held in October 1852, but had to take an oath to uphold the new constitution. Since its ratification, the state constitution of 1851 has been amended several times, but it remains the highest state law in Indiana. The new constitution did not radically change the state's existing government. Although it expanded the bill of rights included in

5610-400: The state legislature continued to provide funding to IU, despite some funding controversies in the early 1850s. Because no divorce clause was included in the state constitution of 1816, the legislature assumed the authority to grant divorces, and continued to do so even after laws passed in 1818 granted the authority to circuit courts. Under the new constitution, the Indiana General Assembly

5695-450: The state legislature discretion on enacting banking laws in the state, but prohibited the state government "from becoming a stockholder in any bank or corporation, or loaning its credit to any individual or corporation." Because many Indiana voters objected to state-sponsored banks, the new constitution barred the charter of the Bank of Indiana from being extended with the state government as

5780-442: The state legislature from making local and special legislation; the impeachment process for local officials; property rights of married women; and public school reform, among other concerns. 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. Delegates spent

5865-750: The state legislature to only enact laws that had a statewide effect, ending 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. Among the goals of the convention was to find ways to reduce the cost of state government and increase its efficiency. 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

5950-543: The state residency requirements from six months to one year and removed the word "white" from Section 2, which was already unenforceable due to the passage of the Fifteenth Amendment granting suffrage to African American men. The state legislator enacted a voters' rights law in 1917, but it was struck down by the Indiana Supreme Court in October of that year. Other amendments to Article 2, Section 2, occurred in 1921, 1976, and 1984. In September 1921, following

6035-440: The state's geographical boundaries. While Article VIII banned the future importation of slaves and indentured servants into Indiana, Article XI left open to interpretation the issue of whether it was acceptable to allow pre-existing slavery and involuntary servitude arrangements within the state. Article XII outlined the process for the transition from a territorial government to a state government. This included, among other tasks,

6120-437: The state. The Indiana Supreme Court ruling in Smith v. Moody (1866) invalidated Article 13, which contained several restrictions against Black Americans, including prohibiting their immigration to the state after the adoption of the state constitution in 1851. State laws to enforce Article 13 were repealed in 1867. The exclusionary and colonization provisions in Article 13 were repealed by amendment and removed from Section 13 of

6205-467: The state. Voters could either approve or reject the remaining provisions of the new constitution as a whole. In the final tally, voters approved Article 13 with 113,828 votes in favor and 21,873 opposed, an 83.88 percent favorable approval rate. 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

6290-425: The state; guaranteeing secrecy of ballots; continuing concerns over the amendment process for the constitution; reducing state legislation related to personal and local issues; granting more local power over school funding; suffrage for foreign-born residents; legislative terms and legislative sessions; the impeachment process for state officials; and governmental expenses and inefficiencies, among others. In addition,

6375-458: The term of Governor James Whitcomb when he also refused to reappoint two members because he thought they were too slow to resolve cases. In 1851, Indiana adopted a new constitution and the positions on the courts were made publicly elected offices, but that method too quickly came under criticism as the position became even more politicized. The courts remained publicly elected until a series of amendments were passed in 1970 and 1971 that reorganized

6460-478: The territory's citizens viewed statehood as an opportunity for more self-government and wanted to proceed. The territory's pro-statehood faction preferred to elect their own state officials instead of having the federal government appoint individuals on their behalf, formulate state laws, discontinue the appointed territorial governor's absolute veto power, and allow its citizens to have greater participation in national politics, including voting powers in Congress. At

6545-417: The territory's general assembly, as well 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 make a state government too costly to operate. However, after a census authorized in 1814 proved that its population had reached 63,897, exceeding the minimum population requirement of 60,000 as outlined in

6630-477: The time the delegates were gathering at Corydon in June 1816, slavery had become a major and divisive issue in the territory. The indenture law of 1805 had been repealed, but slavery continued to exist within Indiana. Two major factions emerged. An anti-slavery/pro-democracy group was led by Jonathan Jennings and his supporters. Former territorial governor and future U.S. president William Henry Harrison 's allies led

6715-624: Was created by the Indiana Judicial Nominating Commission , narrowed to three finalists and thus submitted to the governor who then chooses one. The Justice could then serve two years before being subjected to a retention election, if retained then the Justice could continue their term for up to ten years. All five of the justices must face a retention vote once every ten years on the ballot of that general election. A constitution amendment passed in 1974 authorized

6800-478: 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 need. Indiana's delegates wrote their own content for Article X, which outlined the state's banking provisions. Article XI outlined general provisions that named Corydon the seat of state government until 1825, established salaries for judges and state officials, and set

6885-406: Was governed by territorial law. The state's first constitution was created in 1816, after the U.S. Congress had agreed to grant statehood to the former Indiana Territory. The present-day document, which went into effect on November 1, 1851, is the state's second constitution. It supersedes Indiana's 1816 constitution and has had numerous amendments since its initial adoption. Indiana's constitution

6970-438: Was not sufficient. The delegates' selections resulted in Indiana's legislative branch being dominant over the executive and judicial branches of state government. The Indiana delegates organized a republican form of government and created a state constitution that outlined a basic framework for governmental functions. Instead of providing specific details on individual issues, the constitution's broadly-defined principles enabled

7055-599: Was prohibited from making local and special laws. As a result, divorce proceedings, among other issues, were delegated to the courts and clerks. Despite the positive changes in state constitution, some articles continued racial and gender inequality by limiting full rights of state citizenship to white males. 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 1, to ban further immigration of blacks and mulattos into Indiana. Revisions to

7140-681: Was removed by amendment in 1881. Women's equal rights were also excluded from constitutional provisions. Convention delegate 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-own property with her husband, but the effort failed. However, in the July 1853 legislative session, Owen secured passage of laws granting property rights to married women. The Indiana General Assembly passed additional legislation in 1879 and in 1881 to further protect widowed and married women's property rights. The early criticism of

7225-441: Was set to meet annually. Elections would be held annually to elect representatives. State senators would serve three-year terms, with one-third of the senators being elected each year. The governor and lieutenant governor would be elected to serve a term of three years. Indiana's governor was limited to serving two consecutive terms. A simple majority vote in the legislature could override the governor's veto. Article IV also outlined

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