THE HISTORY OF INDIANA LAW, David J. Bodenhamer and Hon. Randall T. Shepard, eds. (2006)
21 Pages Posted: 13 Feb 2006 Last revised: 19 Jun 2013
Date Written: 2006
This essay traces the development of the Indiana Constitution in comparison to those of other states. Most features of the Indiana Constitution reflect general midwestern patterns, with some lingering influences of pre-industrial sentiment. The major thesis, however, is that these midwestern constitutions will be misunderstood if they are analyzed by the same model used for federal constitutional scholarship. Whereas the federal constitution is seen as a means of restraining the popular will through adjudication, the Indiana constitution has functioned as a way of using an elected judiciary to further the popular will through the judicial branch.
Keywords: State constitutions, Indiana
Suggested Citation: Suggested Citation
Baude, Patrick L., Indiana's Constitution in a Nation of Constitutions (2006). THE HISTORY OF INDIANA LAW, David J. Bodenhamer and Hon. Randall T. Shepard, eds. (2006); Indiana Legal Studies Research Paper No. 44. Available at SSRN: https://ssrn.com/abstract=882876