Thread by @IJSanders

1. Is “Hoosier” a corruption of the bar-fight question “Whose ear?” Since it’s not a *constitutional* question, we’ll leave that to cultural historians. Today, we’re talking about Indiana & its constitutions, the 2nd state created via the NW Ordinance. #50Weeks50Constitutions

2. The Indiana Territory was formed out of the old NW Territory in 1800, but soon bits of it were reorganized—Michigan Territory in 1805, & Illinois in 1809. Ohio had become a state in 1803. The War of 1812 delayed the push for Indiana statehood, but by 1816 it was ready.

3. The Hoosiers needed a constitution, & w/ inspiration mostly drawn from those of Kentucky, Ohio & Virginia they came up with one. Meeting in Croydon, IN (the then Capital) the delegates, led by the later governor Jonathan Jennings, emerged w/ a plan for government in June 1816.

4. As we’ve also seen in Founding-era constitutions, this one included a right to revolution. Or, at least hinted at one, proclaiming the people “have at all times an unalienable and indefeasible right to alter or reform their Government in such manner as they may think proper.”

5. It also had a more detailed right to petition than the 1st Amendment: “That the people have a right to assemble together in a peaceable manner, to consult for their common good, to instruct their representatives, and to apply to the Legislature for redress of grievances.”

6. Also, there was an explicit separation of powers, slavery was forbidden, & public education was explicitly provided for. The governor had many familiar powers, but his veto didn’t mean much as the legislature could override it with a bare majority.

7. Soon after the new constitution’s signing, however, Hoosiers started quibbling with its terms. Repeated calls for a new convention erupted in the 1820s & 1830s. Yet, the process was cumbersome, requiring, per the constitution, a “majority” of voters to approve of a convention.

8. More precisely, it said “a majority of all the votes given at such election, in favour of a convention.” A majority voting on the convention issue, in the election overall, or something else? In 1846 a “majority” approved a convention on one score, but not the other.

9. After much bickering, this led to no convention. But, never fear, as Hoosiers voted again in 1849, this time unambiguously approving one. The resulting document was very much a part of the “Jacksonian” age.

10. It curtailed public debt, expanded elective office (including for judges), imposed some term limits, bolstered public education, limited local legislation by the state legislature, & (which was subsequently repealed) barred free blacks from settling in the state.

11. It also had this, copied later by over a dozen states: “The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens.” It responded to crooked public works contracts.

12. One thing the 1851 Constitution didn’t do is change the veto, leaving Indiana today as a rare state whose governor’s veto can be overridden with a simple majority of the legislature.

13. The constitution has been amended many times since 1851, but never comprehensively renewed. Whose y’ur state? If you respond “Indiana,” your ante bellum constitution is still protecting your liberties today.

in.gov/history/2612.h…

14. Sources:

in.gov/history/2460.h…

William P. McLauchlan, The Indiana State Constitution (2011).

indianapublicmedia.org/momentofindian…