What follows is the complete Indiana Constitution. It is almost certainly not what you’ve been taught it is; either in what it says, or what it’s for. But this constitution, along with the federal constitution to which the Governor also swears an oath of support, constitutes the entire platform for the Horning for Governor campaign.
This constitution is intended to govern politicians, not you. It’s intended to make you free, not to make your servants your masters. But over the past hundred years our politicians have strayed so far from their legal boundaries that you’d recognize very little of our governance in this contract.
I intend that everything I say in this campaign is explanation and illustration regarding what life is supposed to be like under the Rule of Law as authorized by this contract.
I hope my comments are relatively few and brief, since what life is supposed to be like is entirely up to you; not up to lawbreaking lawmakers.
All my comments are in red. Anything in black is the constitution itself.
In reading the following, keep in mind that our ancestors knew that politics is inherently violent. Nothing related to “government” happens without at least the threat of violence. The IRS doesn’t pass the hat and say “please;” and you could get killed if you resist an arrest for a seatbelt violation. Don’t forget this. It is the reason we have constitutions …and make politicians swear to obey them.
CONSTITUTION OF THE STATE OF INDIANA
Approved in Convention at Indianapolis,
February 10, 1851
Adopted by the Electorate, effective November 1, 1851
As Amended through July 1, 1993
PREAMBLE
TO THE END, that justice be established, public order maintained,
and liberty perpetuated; WE, the People of the State of Indiana,
grateful to ALMIGHTY GOD for the free exercise of the right to
choose our own form of government, do ordain this Constitution.
“…the right to choose our own form of government…” The purpose of constitutions is to both establish, and limit, the legitimate use of violence. Don’t ever let our servants become our masters!
ARTICLE 1. Bill of Rights
Section 1. Inherent and inalienable rights
Section 1. WE DECLARE, That all people are created equal; that they
are endowed by their CREATOR with certain inalienable rights; that
among these are life, liberty, and the pursuit of happiness; that all
power is inherent in the People; and that all free governments are,
and of right ought to be, founded on their authority, and instituted
for their peace, safety, and well-being. For the advancement of these
ends, the People have, at all times, an indefeasible right to alter
and reform their government.
(History: As Amended November 6, 1984).
Why must we have such an “indefeasible right to alter and reform” our government if our government is to govern us, and if our leaders are to lead us? Because governments always (always, as in without exception) become oppressive and counterproductive to the pursuit of life, liberty and anything else you might value. Remember; I’m not the one sounding like a broken record here; this admonition is written into our constitutions over and over again!
Section 2. Natural right to worship
Section 2. All people shall be secured in the natural right to worship
ALMIGHTY GOD, according to the dictates of their own consciences.
(History: As Amended November 6, 1984).
Let us be clear and truthful. The freedom guaranteed in writing here is “to worship ALMIGHTY GOD”; well-understood at the time this was written to be the Judeo-Christian God of Abraham. We have no specified right to worship the sun, a flag, money, basketball, Horus, or politicians. We have no such enumerated constitutional rights.
Read the following rights and you’ll see that have no enumerated rights to pledge allegiance to a flag, to wash our cars or to play baseball. These are rights nonetheless under our constitutions because, as you’ll see, government has no power over us not specifically granted by written constitutions.
I’ll repeat because this is important. We do have the right to worship statues and such because these rights are not specifically denied. We, the people, own all rights and powers not taken away from us in writing. You’ll see this written more clearly later.
This is a critical point. It is the whole purpose of constitutions to establish the written, guaranteed, absolute limits of political power, not to describe the limits of your rights.
Section 3. Freedom of religious opinions and rights of conscience
Section 3. No law shall, in any case whatever, control the free
exercise and enjoyment of religious opinions, or interfere with the
rights of conscience.
Section 4. Freedom of religion
Section 4. No preference shall be given, by law, to any creed,
religious society, or mode of worship; and no person shall be
compelled to attend, erect, or support, any place of worship, or to
maintain any ministry, against his consent.
(History: As Amended November 6, 1984).
Section 5. Religious test for office
Section 5. No religious test shall be required, as a qualification for
any office of trust or profit.
Section 6. Public money for benefit of religious or theological institutions
Section 6. No money shall be drawn from the treasury, for the benefit
of any religious or theological institution.
Section 7. Witness competent regardless of religious opinions
Section 7. No person shall be rendered incompetent as a witness, in
consequence of his opinions on matters of religion.
Section 8. Oath or affirmation, administration
Section 8. The mode of administering an oath or affirmation, shall be
such as may be most consistent with, and binding upon, the conscience
of the person, to whom such oath or affirmation may be administered.
Section 9. Right to free thought, speech, writing and printing; abuse of
right
Section 9. No law shall be passed, restraining the free interchange of
thought and opinion, or restricting the right to speak, write, or
print, freely, on any subject whatever: but for the abuse of that
right, every person shall be responsible.
“No law shall be passed, restraining the free interchange of thought and opinion…” Note that there are no provisos or amendments related to speech in airports, “free speech zones,” or any allowable limitations on our right to speak, write or print freely. All limitations on our freedom to thus communicate are illegal usurpations of our rights.
Section 10. Truth in prosecutions for libel
Section 10. In all prosecutions for libel, the truth of the matters
alleged to be libelous, may be given in justification.
Section 11. Unreasonable search or seizure; warrant
Section 11. The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable search or seizure,
shall not be violated; and no warrant shall issue, but upon probable
cause, supported by oath or affirmation, and particularly describing
the place to be searched, and the person or thing to be seized.
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search or seizure, shall not be violated.” Is there anything unclear about this? Ponder to what degree this is flouted daily. A wide variety of officials from IRS, BATF, child and fire protection “services” believe they can kick in your door and/or snoop on you without warrant or probable cause. These government agents are, according to this written law, criminals.
Section 12. Courts open; remedy by due course of law; administration of
justice
Section 12. All courts shall be open; and every person, for injury
done to him in his person, property, or reputation, shall have remedy
by due course of law. Justice shall be administered freely, and
without purchase; completely, and without denial; speedily, and
without delay.
(History: As Amended November 6, 1984).
A growing number of bureaucracies have their own legislative, executive and judicial powers like the IRS, DCS and, of course “Homeland Security.” These bureaucracies illegally trample this section every minute of every day.
Also note that “Justice shall be administered freely, and without purchase.” The words and meaning are clear. Justice isn’t to be an arms race of money and influence. Justice is to be at least as free as the tuition-free Common Schools in Article 8, which doesn’t guarantee a free education (hence the extra cost to parents for books); it mandates only that tuition is paid out of the public purse. But justice is to be free! It is criminal how we’ve perverted this.
Section 13. Rights of accused in criminal prosecutions
Section 13. In all criminal prosecutions, the accused shall have the
right to a public trial, by an impartial jury, in the county in which
the offense shall have been committed; to be heard by himself and
counsel; to demand the nature and cause of the accusation against him,
and to have a copy thereof; to meet the witnesses face to face, and to
have compulsory process for obtaining witnesses in his favor.
See the comment above and ditto the bureaucratic bashing of our rights. You have the guaranteed right to free (without purchase…free) access to a jury trial, as well as due process. You can never be legally forced or coerced (threatened) into a bench trial. Judges who deny this right are therefore criminals.
Section 14. Double jeopardy and self-incrimination
Section 14. No person shall be put in jeopardy twice for the same
offense. No person, in any criminal prosecution, shall be compelled to
testify against himself.
Section 15. Persons arrested or confined, treatment
Section 15. No person arrested, or confined in jail, shall be treated
with unnecessary rigor.
Section 16. Excessive bail or fines and cruel or unusual punishment
Section 16. Excessive bail shall not be required. Excessive fines
shall not be imposed. Cruel and unusual punishments shall not be
inflicted. All penalties shall be proportioned to the nature of the
offense.
You know that there are many drug offenses that carry longer sentences than for murder, right? There is a huge and increasing number of behaviors that can land you in jail. “The Land of the Free” has the world’s highest percentage of citizens in prison. After losing years of their life in prison, these people will never again have equal access to employment or public service. That is excessive, cruel, almost always disproportional to the offense, and therefore criminal.
Section 17. Right to bail and unbailable offenses
Section 17. Offenses, other than murder or treason, shall be bailable
by sufficient sureties. Murder or treason shall not be bailable, when
the proof is evident, or the presumption strong.
Side question: What is more dangerously treasonous than politicians abusing their deadly power in violation of all legal restraints?
Section 18. Penal code founded on reformation
Section 18. The penal code shall be founded on the principles of
reformation, and not of vindictive justice.
So we’re not supposed to “send a message” with unusually cruel punishments. If the aim is reformation, then nearly all of our drug-related punishments are not just counterproductive; they’re also illegal. And how do you reform a “tax cheat” with a felony conviction that permanently impairs his/her ability to earn income?
Section 19. Right of jury to determine law and facts in criminal cases
Section 19. In all criminal cases whatever, the jury shall have the
right to determine the law and the facts.
This section gives citizens the power to judge laws. Judges, you’ll note, are never granted that power over the constitution. Don’t let anyone tell you, as a juror, what you can and can’t do. You, as a juror, have more power over the case at hand, the law, and the facts, than does anyone else in the courtroom.
Section 20. Trial by jury in civil cases
Section 20. In all civil cases, the right of trial by jury shall
remain inviolate.
Section 21. Right to compensation for services and property
Section 21. No person’s particular services shall be demanded, without
just compensation. No person’s property shall be taken by law, without
just compensation; nor, except in case of the State, without such
compensation first assessed and tendered.
(History: As Amended November 6, 1984).
There’s a good argument that income tax violates this section (and also the prohibition against forced testimony against yourself). But the “just compensation” clause here is, without any doubt, important when considering eminent domain and tax seizure practices.
Section 22. Privileges of debtor; imprisonment for.
Section 22. The privilege of the debtor to enjoy the necessary
comforts of life, shall be recognized by wholesome laws, exempting a
reasonable amount of property from seizure or sale, for the payment of
any debt or liability hereafter contracted: and there shall be no
imprisonment for debt, except in case of fraud.
Lots of people do prison time for tax debt though no constitution allows this. An uncountable number of residences are taken for taxes, though no constitution allows this. And beside the aforementioned principle of many citizen rights and few government powers, this section of the Indiana Constitution specifically prohibits such abuse of citizens and their property.
How can there be “just compensation” (Section 21) for taking a home; particularly when the taking itself is illegal? How do we justify taking taxes for the Colts/Pacers/foreign corporations/endless whatevers when people lose their homes and life-time (in prison) to taxation? What a crime!
Section 23. Equal privileges
Section 23. The General Assembly shall not grant to any citizen, or
class of citizens, privileges or immunities, which, upon the same
terms, shall not equally belong to all citizens.
…So how come so many people and corporations get special privileges and immunities? We use tax policy, in ugly particular, to give special people special deals all the time. We use subsidies and handouts to discriminate between those we favor, and those we do not favor. This is all illegal!
Section 24. Ex post facto laws and impairing contracts
Section 24. No ex post facto law, or law impairing the obligation of
contracts, shall ever be passed.
Section 25. Effect of laws
Section 25. No law shall be passed, the taking effect of which shall
be made to depend upon any authority, except as provided in this
Constitution.
“…except as provided in this Constitution.” This one is absolutely critical, so let’s deconstruct the wording a bit for clarity.
“No law shall be passed…except” means that there cannot, legally, be any law written excepting the proviso of this law, “authority…as provided in this Constitution.” This is an unusual linguistic construction, so I’ll rephrase this in what I think is an accurate summary: For any law to be itself legal, its powers over us must be restrained to only the authority granted by this constitution. Another way to say it could be, No law can be written that depends upon authority not specifically granted by this constitution. Compare this to the federal Tenth Amendment: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” In essence, both laws affirm, once again, that constitutions allow only the powers specifically granted in writing, and deny all others. There is, in other words, no authority outside of what has been authorized by the constitutions, as written.
Constitutions are the written warrants of violent power. If they are to have any effect at all in securing our lives, liberties and property, they are to be obeyed, as written. That is the law. It is law that protects us from tyranny. Breaking that law is a very serious crime.
Section 26. Suspension of operation of law
Section 26. The operation of the laws shall never be suspended, except
by the authority of the General Assembly.
This further clarifies the above, again, that the constitution is the law, and remains in effect, whole, unless entirely suspended. Either we have Rule of Law, or we have Rule of Tyrants, in other words. The General Assembly wrote in its authority to become tyrannical, but it must be done legally! In still other words, either you’ve got all your legally guaranteed rights, or you’ve got none of them. Ask yourself this: Do we have any rights now?
Respond with your vote.
Section 27. Suspension of habeas corpus; exception
Section 27. The privilege of the writ of habeas corpus shall not be
suspended, except in case of rebellion or invasion; and then, only if
the public safety demand it.
Section 28. Treason against state; definition
Section 28. Treason against the State shall consist only in levying
war against it, and in giving aid and comfort to its enemies.
What is “the State?” Surely it’s not politicians and their bureaucracies! The State is the citizens and their collective, common, shared principles, rules and practices. See the Preamble. And anyone who violently, illegally and systematically kills, imprisons, steals and oppresses the state is a traitor or enemy by some other name.
Yes, those are harsh words. But aren’t they true?
Section 29. Treason against state; proof
Section 29. No person shall be convicted of treason, except on the
testimony of two witnesses to the same overt act, or upon his
confession in open court.
Section 30. Conviction; effect
Section 30. No conviction shall work corruption of blood or forfeiture
of estate.
Section 31. Right to assemble, to instruct and to petition
Section 31. No law shall restrain any of the inhabitants of the State
from assembling together in a peaceable manner, to consult for their
common good; nor from instructing their representatives; nor from
applying to the General Assembly for redress of grievances.
Section 32. Bearing arms
Section 32. The people shall have a right to bear arms, for the
defense of themselves and the State.
“The people shall have a right to bear arms…” This is unequivocal. No limitations are stated anywhere in this constitution; therefore none are allowed.
Section 33. Military subordinate to civil power
Section 33. The military shall be kept in strict subordination to the
civil power.
Section 34. Quartering of soldiers
Section 34. No soldier shall, in time of peace, be quartered in any
house, without the consent of the owner; nor, in time of war, but in a
manner to be prescribed by law.
Section 35. Titles of nobility and hereditary distinctions
Section 35. The General Assembly shall not grant any title of
nobility, nor confer hereditary distinctions.
One may reasonably ask what’s up with “the honorable” and “esquire.” These titles aren’t hereditary or formally conferred, so we’re OK on this. But if anybody tries to make you use such a title (this happened to me once), you are legally correct to refuse such obeisance.
Section 36. Freedom of emigration
Section 36. Emigration from the State shall not be prohibited.
Section 37. Slavery and involuntary servitude
Section 37. There shall be neither slavery, nor involuntary servitude,
within the State, otherwise than for the punishment of crimes, whereof
the party shall have been duly convicted.
(History: As Amended November 6, 1984).
This use of “involuntary servitude” preceded the existence of income tax and even child support rules, so therefore means exactly and literally what it says. There was a time when our founders considered income tax/ garnishment as, in fact, involuntary servitude. After all, one literally submits one’s labor to the state through direct income taxation. Do we need to amend this section? Be careful. As ever-more taxation is forcibly extracted from us (some estimates put the total cost of politics to be over 60% of our GDP), our place in the spectrum between serfdom (where serfs paid one day in seven to their masters) and slavery (total submission) is heading the wrong way fast.
ARTICLE 2. Suffrage and Election
Section 1. Free and equal elections
Section 1. All elections shall be free and equal.
Section 2. Voting qualifications
Section 2. Every citizen of the United States, of the age of eighteen
(1 
years or more, who has been a resident of a precinct thirty (30)
days immediately preceding such election, shall be entitled to vote in
that precinct.
(History: As Amended March 14, 1881; September 6, 1921;
November 2, 1976; November 6, 1984).
Section 3. Members of armed forces; residence
Section 3. No member of the armed forces of the United States, or of
their allies, shall be deemed to have acquired a residence in the
State, in consequence of having been stationed within the same; nor
shall any such person have the right to vote.
(History: As Amended November 6. 1981).
Section 4. Residence; absence from state
Section 4. No person shall be deemed to have lost his residence in the
State, by reason of his absence, either on business of this State or
of the United States.
Section 5. Repealed
(Repealed March 14, 1881).
Section 6. Disqualification for bribery
Section 6. Every person shall be disqualified from holding office,
during the term for which he may have been elected, who shall have
given or offered a bribe, threat, or reward, to procure his election.
Oh my. Special favors are the fuel of the major parties. It’d be hard work to chase down and prosecute all of these criminals. But it would be wholesome fun.
Section 7. Repealed
(Repealed November 6, 1984).
Section 8. Conviction of infamous crime
Section 8. The General Assembly shall have power to deprive of the
right of suffrage, and to render ineligible, any person convicted of
an infamous crime.
Section 9. Holder of lucrative office; eligibility
Section 9. No person holding a lucrative office or appointment under
the United States or under this State is eligible to a seat in the
General Assembly; and no person may hold more than one lucrative
office at the same time, except as expressly permitted in this
Constitution. Offices in the militia to which there is attached no
annual salary shall not be deemed lucrative.
(History: As Amended November 6, 1984).
In other words, you can’t be a member of the General Assembly if you’ve got a side job anywhere in government. However, lots of public school teachers, police and paid fire department employees (government employees) hold office and thus have inherent conflicts of interest related to their power and position. And while Indiana does not mandate an integrated bar (requiring that lawyers be members of a Bar Association), lawyers are agents of government with special privileges and immunities (see Article 7, Section 4).
I’ve said that lawyers are to law what firemen are to fire, and I believe that’s typically true. But it is even more true that lawyer-lawmakers are inherently the “fox guarding the henhouse” when it comes to conflicts of interest and dual office within government.
Voters don’t seem to care; but legally, this is a problem.
Section 10. Collectors and holders of public money; eligibility
Section 10. No person who may hereafter be a collector or holder of
public moneys, shall be eligible to any office of trust or profit,
until he shall have accounted for, and paid over, according to law,
all sums for which he may be liable.
In other words, you can’t benefit from political largesse and hold office. As with Section 9, this section is very problematic. Since government has grown into such a tentacled behemoth, we have lots of officeholders who collect and hold tax money in the form of corporate subsidies/tax privileges/immunities. This creates inherent conflicts of interest, obviously. I wish voters stopped this, but it is also unconstitutional, and Indiana Governors swear an oath to act accordingly.
Section 11. Pro tempore appointment; term of office
Section 11. In all cases in which it is provided that an office shall
not be filled by the same person more than a certain number of years
continuously, an appointment pro tempore shall not be reckoned a part
of that term.
Section 12. Freedom from arrest of electors; exceptions
Section 12. In all cases, except treason, felony, and breach of the
peace, electors shall be free from arrest, in going to elections,
during their attendance there, and in returning from the same.
Section 13. Election methods
Section 13. All elections by the People shall be by ballot; and all
elections by the General Assembly, or by either branch thereof, shall
be _viva voce_.
Section 14. Time of elections; judges of courts; registration of voters
Section 14. All general elections shall be held on the first Tuesday
after the first Monday in November, but township elections may be held
at such time as may be provided by law: _Provided_, That the General
Assembly may provide by law for the election of all judges of courts
of general and appellate jurisdiction, by an election to be held for
such officers only, at which time no other officer shall be voted for;
and shall also provide for the registration of all persons entitled to
vote.
(History: As Amended March 14, 1881).
ARTICLE 3. Distribution of Powers
Section 1. Three separate departments
Section 1. The powers of the Government are divided into three
separate departments; the Legislative, the Executive including the
Administrative, and the Judicial: and no person, charged with official
duties under one of these departments, shall exercise any of the
functions of another, except as in this Constitution expressly
provided.
Each of the three (only three; no bureaucratic branch) branches therefore has legally limited, unique powers and is divided against the others such that no branch gains too much power. We’ve certainly messed up this one. Our judges and Governors make law, our legislators and judges take executive power, and our Governors don’t execute the constitutions at all. And bureaucracies transcend all branches. As Governor I’d fix this on Day One.
ARTICLE 4. Legislative
Section 1. General assembly; composition; style of law
Section 1. The Legislative authority of the State shall be vested in a
General Assembly, which shall consist of a Senate and a House of
Representatives. The style of every law shall be: “Be it enacted by
the General Assembly of the State of Indiana”; and no law shall be
enacted, except by bill.
Section 2. Senate and house of representatives; membership
Section 2. The Senate shall not exceed fifty, nor the House of
Representatives one hundred members; and they shall be chosen by the
electors of the respective districts into which the State may, from
time to time, be divided.
(History: As Amended November 6, 1984).
Section 3. Senators and representatives; tenure
Section 3. Senators shall be elected for the term of four years, and
Representatives for the term of two years, from the day next after
their general election. One half of the Senators, as nearly as
possible, shall be elected biennially.
(History: As Amended November 6, 1984).
Section 4. Vacancies in general assembly
Section 4. The General Assembly may provide by law for the filling of
such vacancies as may occur in the General Assembly.
(History: As Amended March 14, 1881; November 6, 1984).
Side note: The wording of the preceding is important in that it delegates authority to deal with a problem in a “don’t bother amending the constitution for such trifles” way. This is important because where such authority isn’t delegated, it doesn’t exist!
Section 5. Legislative apportionment
Section 5. The General Assembly elected during the year in which a
federal decennial census is taken shall fix by law the number of
Senators and Representatives and apportion them among districts
according to the number of inhabitants in each district, as revealed
by that federal decennial census. The territory in each district shall
be contiguous.
(History: As Amended March 14, 1881; November 6. 1984).
While I hate gerrymandering, the constitution’s use of the word “contiguous” does leave a lot of dangerous, corrupting authority to politicians. As Governor, I would often speak against the destructive process of gerrymandering districts, but I would have no real authority to stop it.
Section 6. Repealed
(Repealed November 6, 1984).
Section 7. Senators and representatives; qualifications
Section 7. No person shall be a Senator or a Representative, who, at
the time of his election, is not a citizen of the United States; nor
any one who has not been for two years next preceding his election, an
inhabitant of this State, and, for one year next preceding his
election, an inhabitant of the district whence he may be chosen.
Senators shall be at least twenty-five, and Representatives at least
twenty-one years of age.
(History: As Amended November 6, 1984).
Section 8. Legislative immunity; exceptions
Section 8. Senators and Representatives, in all cases except treason,
felony, and breach of the peace, shall be privileged from arrest,
during the session of the General Assembly, and in going to and
returning from the same; and shall not be subject to any civil
process, during the session of the General Assembly, nor during the
fifteen days next before the commencement thereof. For any speech or
debate in either House, a member shall not be questioned in any other
place.
Section 9. Sessions of general assembly
Section 9. The sessions of the General Assembly shall be held at the
capitol of the State, commencing on the Tuesday next after the second
Monday in January of each year in which the General Assembly meets
unless a different day or place shall have been appointed by law. But
if, in the opinion of the Governor, the public welfare shall require
it, he may, at any time by proclamation, call a special session. The
length and frequency of the sessions of the General Assembly shall be
fixed by law.
(History: As Amended November 3, 1970. The schedule adopted with the 1970
amendment to Article 4, Section 9 was stricken out by the November 6, 1984,
amendment).
Section 10. Selection of officers; rules of proceedings; adjournment
Section 10. Each House, when assembled, shall choose its own officers,
the President of the Senate excepted; judge the elections,
qualifications, and returns of its own members; determine its rules of
proceeding, and sit upon its own adjournment. But neither House shall,
without the consent of the other, adjourn for more than three days,
nor to any place other than that in which it may be sitting.
Section 11. Quorum
Section 11. Two-thirds of each House shall constitute a quorum to do
business; but a smaller number may meet, adjourn from day to day, and
compel the attendance of absent members. A quorum being in attendance,
if either House fail to effect an organization within the first five
days thereafter, the members of the House so failing, shall be
entitled to no compensation, from the end of the said five days until
an organization shall have been effected.
Section 12. Journal; entry of yeas and nays
Section 12. Each House shall keep a journal of its proceedings, and
publish the same. The yeas and nays, on any question, shall, at the
request of any two members, be entered, together with the names of the
members demanding the same, on the journal; Provided, that on a motion
to adjourn, it shall require one-tenth of the members present to order
the yeas and nays.
Section 13. Open sessions and committee meetings
Section 13. The doors of each House, and of Committees of the Whole,
shall be kept open, except in such cases, as, in the opinion of either
House, may require secrecy.
Section 14. Discipline of members
Section 14. Either House may punish its members for disorderly
behavior, and may, with the concurrence of two-thirds, expel a member;
but not a second time for the same cause.
Section 15. Contempt by non-members; punishment
Section 15. Either House, during its session, may punish, by
imprisonment, any person not a member, who shall have been guilty of
disrespect to the House, by disorderly or contemptuous behavior, in
its presence; but such imprisonment shall not, at any one time, exceed
twenty-four hours.
Section 16. Legislative powers
Section 16. Each House shall have all powers, necessary for a branch
of the Legislative department of a free and independent State.
That clause, “free and independent State” is not just a throwaway. It is critical to the understanding of the power of the state within a federal form of government. States are, after all, the owners of the United States and its federal form of government. Read Jefferson’s and Madison’s Kentucky and Virginia Resolutions for a real eye-opening paradigm shift. The way USA government was supposed to work is not be what you’ve been taught in the government’s schools.
Section 17. Bills; raising revenue
Section 17. Bills may originate in either House, but may be amended or
rejected in the other; except that bills for raising revenue shall
originate in the House of Representatives.
Section 18. Reading and passage of bills
Section 18. Every bill shall be read, by title, on three several days,
in each House; unless, in case of emergency, two-thirds of the House
where such bill may be pending shall, by a vote of yeas and nays, deem
it expedient to dispense with this rule; but the reading of a bill, by
title, on its final passage, shall, in no case, be dispensed with; and
the vote on the passage of every bill or joint resolution shall be
taken by yeas and nays.
(History: As Amended November 6, 1984).
Section 19. One subject acts; exceptions
Section 19. An act, except an act for the codification, revision or
rearrangement of laws, shall be confined to one subject and matters
properly connected therewith.
(History: As Amended November 8, 1960 November 5. 1974).
“An act… shall be confined to one subject…” Do you suppose any legislator, or any Governor, has read this preceding law? Have you read a bill lately? Almost all bills become trundling dreadnaughts laden with unrelated pork, power and privilege such that you can hardly tell what the original law was supposed to do. I would never sign such criminal nonsense into law, nor would I allow enforcement of such lawless law.
Section 20. Acts and resolutions; plain language
Section 20. Every act and joint resolution shall be plainly worded,
avoiding, as far as practicable, the use of technical terms.
Ditto much of my preceding comment. “Plainly worded” means understandable without lawyers, decoder rings or judges.
Section 21. Repealed
(Repealed November 8, 1960).
Section 22. Local and special laws; restrictions
Section 22. The General Assembly shall not pass local or special laws:
Providing for the punishment of crimes and misdemeanors;
Regulating the practice in courts of justice;
Providing for changing the venue in civil and criminal cases;
Granting divorces;
Changing the names of persons;
Providing for laying out, opening, and working on, highways,
and for the election or appointment of supervisors;
Vacating roads, town plats, streets, alleys, and public
squares;
Summoning and empaneling grand and petit juries, and providing
for their compensation;
Regulating county and township business;
Regulating the election of county and township officers and
their compensation;
Providing for the assessment and collection of taxes for State,
county, township, or road purposes;
Providing for the support of common schools, or the
preservation of school funds;
Relating to fees or salaries, except that the laws may be so
made as to grade the compensation of officers in proportion to
the population and the necessary services required;
Relating to interest on money;
Providing for opening and conducting elections of State,
county, or township officers, and designating the places of
voting;
Providing for the sale of real estate belonging to minors or
other persons laboring under legal disabilities, by executors,
administrators, guardians, or trustees.
(History: As Amended March 14, 1881; November 6. 1984).
Section 23. General and uniform laws
Section 23. In all the cases enumerated in the preceding section, and
in all other cases where a general law can be made applicable, all
laws shall be general, and of uniform operation throughout the State.
The General Assembly sometimes violates the preceding, but they usually do not need to since they’ve created so many bureaucracies that do all the dirty deeds.
Section 24. Right to sue the state
Section 24. Provision may be made, by general law, for bringing suit
against the State; but no special law authorizing such suit to be
brought, or making compensation to any person claiming damages against
the State, shall ever be passed.
(History: As Amended November 6, 1984).
Section 25. Passage of bills and resolutions; signing
Section 25. A majority of all the members elected to each House, shall
be necessary to pass every bill or joint resolution; and all bills and
joint resolutions so passed, shall be signed by the Presiding Officers
of the respective Houses.
Section 26. Protest by members; entry of dissent on journal
Section 26. Any member of either House shall have the right to
protest, and to have his protest, with his reasons for dissent,
entered on the journal.
Section 27. Public laws
Section 27. Every statute shall be a public law, unless otherwise
declared in the statute itself
