Indiana Constitution

The Constitution of Indiana is the highest body of state law in the U.S. state of Indiana. It establishes the structure and function of the state government and enumerates specific rights of Indiana citizens. Under the principles of federalism, 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 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 was enacted in 1851, is the state's second constitution. It supersedes Indiana's 1816 constitution and has had numerous amendments since its adoption.

Indiana's constitution is composed of a preamble, articles, and amendments. Among other provisions, it specifies a democratic 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 the constitution, subject to ratification by vote of the people, as specified in Article XVI 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 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 the Northwest Ordinance of 1787, efforts to pass a request to consider statehood for Indiana were renewed.

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