A Simpler Constitution,
A Stronger Louisiana
BREAKING FREE:Why Louisiana Needs A Constitutional Convention
Louisiana stands at a crossroads, tethered to a constitution cluttered with amendments and provisions that do not effectively serve its people. This isn’t just about a document; it’s about our future. Our current constitution, with its layers of complexity, locks us into a holding pattern, inhibiting our state’s ability to be nimble, and to address the pressing issues we face today. It limits our ability to improve jobs, the economy, and our overall quality of life.
The truth is clear: our state is constrained by a constitution that was designed for a different era. It’s time to unlock Louisiana’s potential. We need a Constitutional Convention not just as a matter of procedure, but as a call to action for every Louisianan who dreams of a better tomorrow. This is our chance to shed the weight of outdated laws and amendments that hold us back from addressing pressing issues like education, healthcare, and the economy effectively.
By advocating for a simplified, streamlined constitution, we’re not just editing text; we’re paving the way for a state that can move swiftly to seize opportunities, solve problems, and secure a prosperous future for all its citizens. Let’s break free from the chains of stagnation and embrace a future where our governance system is as dynamic, vibrant, and resilient as the people of Louisiana.
First, the bill calls for a limited constitutional convention. It specifies that Articles I through IV – Declaration of Rights, Distribution of Powers, Legislative Branch, and Executive Branch – are off-limits. Fundamental rights, like the rights to property, privacy, due process, and the rights to the accused, will not be affected. Likewise for our structure of government.
Second, the bill provides that provisions that do not constitute fundamental or foundational law should be transitioned out of the constitution and made statutory. This would include many of the state’s many, many constitutionally mandated funds and tax exemptions, like the infamous cigarette tax. These details are not fundamental or foundational law and could be moved to statute; however, delegates could choose to provide heightened status by requiring a 2⁄3 threshold to make changes. Revising the document’s amendment process is also worthy of the convention’s consideration.
Finally, the bill allows for some housekeeping. For example, Article IV, Section 12, provides for the election of a commissioner of elections. This section is now moot because the position has been filled by appointment since 2004. The document also references several dates in the past for term limits or a deadline for a provision to take effect. These dates can be omitted without resulting in any policy change. Additionally, several articles contain confusingly-numbered sections as a result of amendment. For example, Art. VII, Section 10 deals with state funds. As the constitution was amended through the years to add additional funds, Section 10 now contains Section 10.1 through 10.16, and even 10-A.
The bill also provides that the delegates shall elect officers, form committees, and adopt rules. This process would ordinarily take some time, but the bill instructs the convention to use the rules adopted by the 1973 convention as a starting point.
Much has been made of the convention’s brief timeline. The convention could convene work through the summer so that the resulting constitution can be placed on the November ballot. This timing is critical to ensure maximum citizen participation. Historically, voter turnout during presidential election years is approximately 70%. By contrast, voter turnout for the 2022 and 2018 midterm federal elections was and 46.7% and 50.8%, respectively. A mere 36.3% of Louisiana voters turned out to vote on the new constitution on April 20, 1974.
The legislators – who make up most of the convention delegates – know exactly which articles prevent them from exercising their judgment. Rep. Mark Wright expressed during a committee hearing that the state is one or two amendments away from budgeting on autopilot due to the amount of funds that are constitutionally dedicated. His point is well taken as only about 11% of the state budget is discretionary. The Governor’s transition council leaders released reports specifying which sections of Articles I through IV of the constitution should be retained, and what should be moved to statute; additional reports regarding the remainder of the constitution are expected.
The legislators – who make up most of the convention delegates – know exactly which articles prevent them from exercising their judgment. Rep. Mark Wright expressed during a committee hearing that the state is one or two amendments away from budgeting on autopilot due to the amount of funds that are constitutionally dedicated. His point is well taken as only about 11% of the state budget is discretionary. The Governor’s transition council leaders released reports specifying which sections of Articles I through IV of the constitution should be retained, and what should be moved to statute; additional reports regarding the remainder of the constitution are expected.
HB 800 has been amended based on feedback from constituents and lawmakers. For example, the first draft of the bill called for a unicameral body of delegates, with members of the Senate, House of Representatives, and delegates appointed by the governor serving together. After hearing feedback from his colleagues, Rep. Beaullieu amended the bill to provide for a tricameral structure, with the House, Senate, and appointed delegates voting separately with a majority vote of each “house” required to conduct convention business. The House of Representatives adopted amendments at Rep. Beaullieu’s request to protect the homestead exemption and the Minimum Foundation Program for K-12 public schools from being moved to statute based on citizen concerns and removed the provision allowing for private donations to the convention.
If a new constitution is approved, life won’t change overnight for Louisianans on January 1, 2025. However, we will see noticeable change when the legislature meets that spring for a budget session. Allowing the legislature the flexibility to craft a state budget, which is an enormous part of the job they’re elected to do, will create predictability. Predictability fosters an environment for investment and assures creditors of the state’s fiscal well-being.
