Why Does Louisiana Keep Changing Its Constitution?

A barrage of constitutional amendments comes upon us every year like raindrops in a Louisiana thunderstorm. They find their way on the ballot during these low-turnout elections, with a fragment of the people deciding the fate of our most important state document. Recent amendments have raised a fundamental question: When should I vote in favor of a Constitutional Amendment? Join us as we explore that question.

The Oldest Written Constitution.

The Constitution of the United States of America is the oldest written constitution of any nation today. Despite being written over 235 years ago, it has only been subject to twenty-seven amendments, with the first ten amendments known as the Bill of Rights being appended to it in 1791. More accurately, it has only undergone seventeen amendments, considering that the Bill of Rights was ironed out from the time of the Constitutional Convention as part of an agreement to ensure it became ratified sooner rather than later. On the other hand, the Louisiana state constitution has undergone nine major overhauls in our state history (1845, 1852, 1864, 1868, 1879, 1898, 1913, 1921, and 1974), with our most recent constitution being amended 217 times since its adoption in 1974.

Of the fourteen articles in our state constitution, Article II – Distribution of Powers is the only portion that has not been amended. Other portions have been changed several times. Since 1974, the following portions have been amended as follows:

• Article I – Declaration of Rights (22 proposed amendments / 20 passed)
• Article III – Legislative Branch (21 proposed amendments / 13 passed)
• Article IV – Executive Branch (8 proposed amendments / 6 passed)
• Article V – Judicial Branch (19 proposed amendments / 13 passed)
• Article VI – Local Government (17 proposed amendments / 10 passed)
• Article VII – Revenue and Fiscal (183 proposed amendments / 113 passed)
• Article VIII – Education (21 proposed amendments / 14 passed)
• Article IX – Natural Resources (9 proposed amendments / 6 passed)
• Article X – Public Officials and Employees (25 proposed amendments /19 passed)
• Article XI – Elections (2 proposed amendments /2 passed)
• Article XII – General Provisions (15 proposed amendments /12 passed)
• Article XIII – Constitutional Revision (3 proposed amendments /1 passed)
• Article XIV – Transitional Provisions (2 proposed amendments /1 passed)

Over the last ten years, voter turnout for constitutional amendments has varied widely. In high-turnout elections, like those during presidential election years, amendments have been decided by upwards of 70% of registered voters. However, in low-turnout years, amendments have been passed or rejected by as little as 7-8% of Louisiana’s electorate. With so few voters altering the state’s most important legal document, it’s worth reconsidering the fundamental purpose of a constitution.

A Restraint on Government

At its core, a constitution is a restraint on government power. The U.S. Constitution was written because the Founding Fathers had lived under British colonial rule, which was governed by an “unwritten constitution.” Their experiences with abuses of authority made a written document necessary. This document was meant to delineate the rights of the states and the people while clearly defining the powers delegated to the national government.

However, the aftermath of the American Civil War and the rise of the Progressive Era led to increased national government power. This shift was not accomplished through the constitutional amendment process but rather through judicial interpretation. Terms like “general welfare,” “supremacy,” and “commerce” were redefined to expand federal authority beyond the original intent of the Constitution. As a result, states became increasingly subservient to federal power.

What is the Purpose of a Written Constitution?

Abusive federal authorities and participating local actors latched on to the progressive ideology of the Constitution being a “living,” “breathing,” and “elastic” document—something that could change through interpretation rather than amendment, something that could be used to achieve their ends and applied to the changing times without altering the antiquated document. It would no longer be strictly read and interpreted by its original meaning and intent, defeating the very nature of the need for a written constitution in the first place.

Despite all this, the purpose of a written constitution remains unchanged today. It doesn’t matter whether we are talking about the federal constitution or our state constitution. Neither are perfect in protecting our rights. After all, they are mere “parchment barriers.” The documents are written to have a clear, permanent meaning and one singular purpose – to limit government. The primary purpose of limiting government is to protect our individual rights to life, liberty, and property. That is the lens by which we should review every single proposed constitutional amendment – Does it limit government?

Limiting Government

The government holds a monopoly on force. It can seize property, deprive individuals of their freedom, and even take lives in certain circumstances. Our constitutions exist to protect us from government overreach. Therefore, when evaluating a proposed constitutional amendment, we should ask fundamental questions:

• Does it limit the powers of the government and government officials?
• Does it decrease the size and scope of government?
• Will it reduce government spending?
• Is it likely to prevent abuse by current or future officeholders?

If a proposed amendment does not restrict government power, does it truly belong in our Constitution? A constitution should not be an ever-changing document manipulated to advance short-term policy goals. Instead, it should remain a stable, guiding framework that protects individual liberties and restrains government authority.

Ultimately, voters should not see constitutional amendments as mere policy changes but as fundamental shifts in government structure. The decision to amend our state’s highest legal document should be made carefully, with an understanding that today’s changes could have lasting consequences.

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