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Topic: Louisiana Constitution

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	Libertarian Party of Louisiana - Platform (Site not responding. Last check: 2007-10-11)
		Though constitutional principles necessarily evolve with the progress of societal values and the adjudication of new cases, the Constitution cannot be amended by congressional legislation, by presidential decree, or by judicial decisions.
		The State of Louisiana, its legislature, its executive officers, and its courts are obliged to guarantee all citizens not only protection of their rights under the United States Constitution, but also protection of all additional rights accorded them under the Constitution of Louisiana and its Declaration of Rights.
		The Declaration of Rights of the Louisiana Constitution should be amended to restore the rights to property stripped away by the amendment to Section 4 enacted by the voters in 1989.
	www.la.lp.org /platform.htm (9266 words)

	Duncan vs Louisiana
		Appellant sought trial by jury, but because the Louisiana Constitution grants jury trials only in cases in which capital punishment or imprisonment at hard labor may be imposed, the trial judge denied the request.
		The position of Louisiana, on the other hand, is that the Constitution imposes upon the States no duty to give a jury trial in any criminal case, regardless of the seriousness of the crime or the size of the punishment which may be imposed.
		Louisiana's final contention is that even if it must grant jury trials in serious criminal cases, the conviction before us is valid and constitutional because here the petitioner was tried for simple battery and was sentenced to only 60 days in the parish prison.
	www.law.umkc.edu /faculty/projects/ftrials/conlaw/duncan.html (3452 words)

	Louisiana and the right to (and not to) vote (Site not responding. Last check: 2007-10-11)
		In the Constitution of 1845, suffrage in Louisiana was greatly expanded, yet one whole segment of the voting population saw its right to vote terminated.
		The guidelines set in the Constitution of 1845 remained in place when a new Louisiana Constitution was created in 1852, and remained in use until 1864.
		The 1868 constitution continued in effect throughout the remainder of Military Reconstruction in Louisiana, although some of the restrictions on white voters were modified.
	www.press-herald.com /echoes/2004/0730echoes.html (1978 words)

	Louisiana History Timeline: Episode 2 \| 1803-1860
		The medical College of Louisiana is recognized as the University of Louisiana by the Constitution of 1845.
		Louisiana is noted as having the highest death rate of any state in the union.
		Louisiana is home to the largest Jewish population in the South.
	www.louisianahistory.org /timelines/timeline2.htm (988 words)

	[No title]
		3 and the intent of the drafters of the Louisiana Constitution of 1974.
		Upon attaining the age of eighteen in Louisiana, persons are treated as adults under the law for all purposes, and are accordingly assigned the responsibilities and obligations of an adult under the law.
		We note that State's inability to prove its case at this time, due to the circumstances heretofore and presently existing in Louisiana, as revealed by the relevant statistical data introduced by the parties, does not mean that the State is forever precluded from prohibiting eighteen to twenty year olds from purchasing or publicly consuming alcohol.
	www.lasc.org /opinions/95CA2189.OPN.htm (5851 words)

	DUNCAN V
		Under Louisiana law simple battery is a misdemeanor, punishable by a maximum of two years’ imprisonment and a $300 fine.
		Thus we hold no constitutional doubts about the practices, common in both federal and state courts, of accepting waivers of jury trial and prosecuting petty crimes without extending a right to jury trial.
		Louisiana’s final contention is that even if it must grant jury trials in serious criminal cases, the conviction before us is valid and constitutional because here the petition was tried for simple battery and was sentenced to only 60 days in the parish prison.
	www.wku.edu /Dept/Academic/AHSS/Government/duncan.htm (1022 words)

	American Family Association - AgapePress news
		No official or court of the state of Louisiana shall construe this constitution or any state law to require that marriage or the legal incidents thereof be conferred upon any member of a union other than the union of one man and one woman.
		One pro-family activist in Louisiana says a revolt is about to take place in her state because of the decision.
		Perkins believes that both the legislature and the people of Louisiana understand that "counterfeits of marriage undermine the institution of marriage and jeopardize the future of our children." And while he is disturbed by Morvant's decision, he contends it is not a definitive one.
	headlines.agapepress.org /archive/10/afa/62004a.asp (1036 words)

	Mongrue v. Monsanto Chemical (2001) * U.S.5th
		Had Appellants intended to bring a takings claim under the federal Constitution, they had the chance to amend their petition once it became obvious that Monsanto understood that the takings claim continued to be based on the Louisiana Constitution.
		Under the takings clause of the Louisiana Constitution, "[p]roperty shall not be taken or damaged by any private entity authorized by law to expropriate, except for a public and necessary purpose and with just compensation.
		Under Louisiana law, plaintiffs seeking an injunction against an operator of a chemical waste injection well must also sue as a necessary party the Commissioner of Conservation in East Baton Rouge Parish, where the Commissioner is located.
	www.claimrep.com /laws/cases/Us5/caseUS5Mongrue.htm (4049 words)

	Louisiana Supreme Court Rejects Challenge to Sodomy Law
		A majority of the Louisiana Supreme Court ruled on July 6 that the state’s law criminalizing "crime against nature" as a felony does not violate the right of privacy under the Louisiana constitution.
		Smith appealed to the Louisiana 4th Circuit appeals court, which reversed his conviction, finding that the Louisiana constitution’s express protection of an individual right of privacy made it improper to apply the state’s sodomy law to non-commercial sexual conduct between consenting adults in private.
		Under Louisiana law, the crime of prostitution involving vaginal intercourse is a misdemeanor, with a relatively short prison sentence and/or a light fine, but if oral sex is involved, the prostitutes can be charged with sodomy, a serious felony.
	www.sodomylaws.org /usa/louisiana/laeditorials001.htm (1142 words)

	Louisiana Constitution (Site not responding. Last check: 2007-10-11)
		Each house shall be the judge of the qualifications and elections of its members; shall determine its rules of procedure, not inconsistent with the provisions of this constitution; may punish its members for disorderly conduct or contempt; and may expel a member with concurrence of two-thirds of its elected members.
		Except as otherwise provided by this constitution, no money shall be withdrawn from the state treasury except through specific appropriation, and no appropriation shall be made under the heading of contingencies or for longer than one year.
		He shall faithfully support the constitution and laws of the state and of the United States and shall see that the laws are faithfully executed.
	flyservers.registerfly.com /members5/lapolitics.net/laconst.htm (6255 words)

	Louisiana Wildlife Federation
		The reference in the second sentence of the amendment to Article 9, Section 1 of the constitution addresses both the endangered species and the gear prohibition concerns because it binds law and regulation governing hunting, fishing and trapping to the state's obligation to "protect, conserve and replenish" the natural resources of the state.
		This is the constitutional provision the state used to successfully defend a 1995 law that prohibits the use of gill nets in coastal waters.
		Thankfully, the constitution does prevent government from taking away the right of law-abiding citizens to express an opinion, practice a religion of their choice, own and lawfully use a firearm, and vote.
	www.lawildlifefed.org /press_detail.cfm?id=51 (1021 words)

	[No title] (Site not responding. Last check: 2007-10-11)
		In the constitutional convention which drafted the Louisiana Constitution of 1864 during the reconstruction period, there was a move to return to the appointive system of judicial selection.
		In 1904, the Constitution of 1898 was amended to provide for the partisan election of supreme court justices. The Louisiana Bar Association drafted a plan, known as the Spencer Plan after Walker B. Spencer of New Orleans, its chief draftsman, for presentation to the Convention that drafted the Louisiana Constitution of 1921.
		Article V, Section 22 of the Louisiana Constitution of 1974 requires that all judges be elected in partisan elections and open primaries with the exception of filling vacancies on a temporary basis which is by appointment.
	www.loje.org /dynaweb/1001181/docs/la_history_on_appointment_of_judges.doc (1104 words)

	2004 - 2008 State & Local Government - Chapter 2 - Part X (Site not responding. Last check: 2007-10-11)
		At least one member shall be appointed from each congressional district and such appointments shall, as nearly as practicable, be made in a manner that is representative of the population of the state.
		Statutory Provisions: R.S. Amendment to Constitution: In 1990, the voters of the state ratified a constitutional amendment to authorize the legislature to provide for the creation and operation of a state lottery and to create a special corporation for that purpose.
		The Louisiana Gaming Control Board has all regulatory, enforcement, and supervisory authority which exists in the state as to gaming on Indian lands as provided in the provisions of Act No. 888 of the 1990 Regular Session of the Legislature and Act No. 817 of the 1993 Regular Session of the Legislature.
	house.louisiana.gov /slg04/SLG_Ch2_PX.htm (1825 words)

	[No title]
		Those who wrote our constitutions knew from history and experience that it was necessary to protect against unfounded criminal charges brought to eliminate enemies and against judges too responsive to the voice of higher authority.
		Beyond this, the jury trial provisions in the Federal and State Constitutions reflect a fundamental decision about the exercise of official power - a reluctance to entrust plenary powers over the life and liberty of the citizen to one judge or to a group of judges.
		In addition, at the heart of the dispute have been express or implicit assertions that juries are incapable of adequately understanding evidence or determining issues of fact, and that they are unpredictable, quixotic, and little better than a roll of dice.
	www.ucs.louisiana.edu /~ras2777/judpol/duncan.html (2365 words)

	DUNCAN v. LOUISIANA.
		Louisiana, 272 U.S. In one sense recent cases applying provisions of the first eight Amendments to the States represent a new approach to the "incorporation" debate.
		In every State, including Louisiana, the structure and style of the criminal process--the supporting framework and the subsidiary procedures - are of the sort that naturally complement jury trial, and have developed in connection with and in reliance upon jury trial.
		In the instant case Louisiana has not argued that a penalty of two years' imprisonment is sufficiently short to qualify as a "petty offense," but only that the penalty actually imposed on Duncan, imprisonment for 60 days, is within the petty offense category.
	www.guncite.com /court/fed/sc/391us145.html (4374 words)

	News from Agape Press
		With all precincts reporting, a state constitutional amendment banning homosexual "marriage" in Louisiana was approved this weekend by 78 percent of those who voted -- a percentage even higher than that reflected in a similar referendum in Missouri last month.
		Tony Perkins, president of the Family Research Council and a citizen of Louisiana, says he is "thrilled" by the show of support for traditional marriage.
		In those states where voters have approved marriage amendments to their constitution, upwards of 70 percent of voters have voted to define marriage as the union of a man and a woman.
	headlines.agapepress.org /archive/9/202004a.asp (613 words)

	Voting in Webster Parish (Site not responding. Last check: 2007-10-11)
		By 1845, the spirit of the Jacksonian Democracy was booming across the country and reached Louisiana producing the call for a new constitution.
		However, the constitution, for the first time, limited the ballot to white males, disenfranchising the free fls.
		Since both literacy and property tests had to be met, the Constitution of 1898 returned many poor or illiterate whites to the rolls, but eliminated nearly all fl voters.
	www.press-herald.com /echoes/2005/0225echoes.html (2257 words)

	Duncan v. Louisiana, 391 U.S. 145 (1968) (Site not responding. Last check: 2007-10-11)
		Appellant sought trial by jury, but because the Louisiana Constitution grants jury trials only in cases in which capital punishment or imprisonment at hard labor may be imposed,[fn1] the trial judge denied the request.
		Louisiana, 272 U.S. [fn14] Page 149 In one sense recent cases applying provisions of the first eight Amendments to the States represent a new approach to the "incorporation" debate.
		In every State, including Louisiana, the structure and style of the criminal process - the supporting framework and the subsidiary procedures - are of the sort that naturally complement jury trial, and have developed in connection with and in reliance upon jury trial.
	www.healylaw.com /cases/duncan.htm (11496 words)

	Access (Site not responding. Last check: 2007-10-11)
		The Appeal Court emphasized the constitution's use of the term "minimum" in concluding that the state was meeting its constitutional obligations.
		The State of Louisiana, in its defense of the funding system in the Charlet suit, provided the affidavit of a nationally known education finance consultant who had been retained by the state to study its school funding system.
		In December 2003, plaintiffs filed Petitions in state court alleging a constitutional violation by the Louisiana Board of Elementary and Secondary Education (BESE) because it omits capital outlay costs from its constitutionally mandated annual formula for determining the cost of a Minimum Foundation Program (MFP) for all public schools.
	www.schoolfunding.info /states/la/lit_la.php3 (281 words)

	Southeastern Louisiana University - Core Requirement 2.1
		The Louisiana Constitution of 1974 vests in the Louisiana Board of Regents the responsibility to approve, disapprove, or modify all existing and proposed degree programs and administrative units in Louisiana's public college and universities.
		The general powers and duties of the University of Louisiana System as a management board under the authority of the Louisiana Board of Regents are provided for in Louisiana Revised Statute 17:3351.
		These general powers allow the University of Louisiana System to formulate curricula and programs for study, as well award certificates, confer degrees and issue diplomas certifying the same (see Section A. (11) and (15) of LRS 17:3351).
	www.selu.edu /sacs/report/2_1.htm (261 words)

	ACLU of Louisiana Calls Marriage Amendment Un
		Steve Scalise (R-Metairie) is a state constitutional amendment to define marriage, restrict any legal recognition of marriage equality and prohibit the recognition of same-sex marriages performed in other states or territories.
		The Constitution is the source of the guarantee of equal protection of the laws, granting an explicit right to prohibit discrimination and injustice.
		Yet, the Constitution is worth that lonely stand… Not cluttering the Constitution, and not setting the precedent that it can be changed to promote a particular ideology, is doubly important for us conservatives.” [1] We agree.
	www.laaclu.org /News/2004/May11SMAHB61.htm (619 words)

	Nazis for Jesus Prevail In Louisiana
		On July 6, 2000, the Louisiana Supreme Court showed the world just how backwards and primitive Louisiana really is. The state Supreme Court upheld Louisiana's anti-sodomy laws, and in the process took the state's constitution and wiped their behinds with it, before flushing it down the toilet.
		In short, the five Nazis for Jesus (NFJ), who delivered the majority opinion have decreed that the Louisiana Legislature is now the supreme authority on morality, even extending into the bedroom of every man, woman and child in Louisiana.
		It was the day Louisiana's Supreme Court both embarrassed and shamed Louisiana in the eyes of the world.
	home.att.net /~vlaszlo/louisiana_1.htm (501 words)

	Louisiana Constitution - Wikipedia, the free encyclopedia
		The Louisiana Constitution is the governing document of the U.S. state of Louisiana.
		Categories: State constitutions of the United States
		This page was last modified 19:53, 30 May 2006.
	en.wikipedia.org /wiki/Louisiana_Constitution (61 words)

	American Civil Liberties Union : Louisiana Residents: Oppose Writing Intolerance into the Louisiana Constitution
		Spurred by these developments, members of the Legislature are aggressively campaigning to amend the state Constitution to define marriage as between a man and a woman.
		Current Louisiana law is very clear: Marriage is a special right reserved exclusively for heterosexual couples - people of the same sex cannot marry.
		The proposed amendment is not necessary because Louisiana already defines marriage as the union between a man and a woman.
	www.aclu.org /lgbt/gen/12082res20030505.html (547 words)

	Southeastern Louisiana University - Governance and Administration 3.2.5
		The composition of the University of Louisiana System Board of Supervisors is prescribed by the Louisiana Constitution of 1974 in Article VIII.
		The sixteenth member of the Board is a student member elected by and from the membership of the Council of Student Body Presidents of the universities within the System, for a term not to exceed one year.
		Once appointed by the Governor, a board member can be dismissed in only one way as outlined in Louisiana Revised Statute 42:1411: “A public officer shall be removed from office for conviction during his term of office of a felony.” As the statute further specifies, due process is provided through the legal system.
	www.selu.edu /sacs/report/3_2_5.htm (380 words)

	Language Policy -- Louisiana
		Until the Civil War, Louisiana continued to publish documents in French and its legislature continued to operate bilingually as a practical necessity.
		Louisiana's 1845 constitution made these practices a requirement – a recognition of French language rights.
		When advertisements are required to be made in relation to judicial process, or in the sale of property for undpaid taxes, or under judicial process or any other legal process of whatever kind, they shall be made in the English language and may in addition be duplicated in the French language.
	ourworld.compuserve.com /homepages/JWCRAWFORD/can-la.htm (332 words)

	TABLE OF CONTENTS (Site not responding. Last check: 2007-10-11)
		The ACLU Foundation of Louisiana dedicates this Students’ Rights Handbook to all of the students and their parents who have had the courage to stand up for their rights, especially those who have served as plaintiffs in ACLU sponsored lawsuits.
		The ACLU Foundation of Louisiana acknowledges its gratitude to the High School Civil Liberties Education Project and the Public Education Department of the ACLU of Illinois, the ACLU of Ohio, and the ACLU of Northern California for the information in their handbooks used as a reference and a guide.
		The Louisiana Constitution says: “The legislature shall provide for the education of the people of the state and shall establish and maintain a public educational system.” (Art.
	www.laaclu.org /Court/SRH.htm (8213 words)

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