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Sunday, February 02, 2014

Ind. Law - The mysterious LSA memo on amending the Indiana Constitution

Back on the November 26, 2013 edition of Indiana Week in Review I heard a mention that Senator Long had received an LSA memo addressing whether a constitutional amendment had to pass two General Assemblies in the same form and that the memo cited two authorities, presumably cases, that said no. I tried but couldn't turn up a copy of the memo.

I've researched, but only found one case that I thought might be worth considering. I've mentioned that opinion in several ILB posts recently. See this Dec. 15, 2013 ILB post, the last part of which discusses our Supreme Court's Feb. 24, 1972 decision in Roeschlein v. Thomas.

It may be a rewrite, or copy of an old LSA memo, as I've also located this interesting ILB entry from March 21, 2007, which seems to envision a doctrine of "substantial compliance" with respect to requirements for constitutional amendments (as opposed to "exactly in the same form").

The Sunday issue of the now $$ Evansville Courier & Press boasts of a story by Chelsea Schneider titled "Amendment process not always by the book." Because of the paywall, all I can access of the story is:

Amending Indiana’s constitution is a multi-year process. But twice in the state’s history the General Assembly cut that process short.
Perhaps one of the times referenced resulted in the 1912 Supreme Court opinion in Ellington v. Dye, where the General Assembly unsuccessfully had attempted a wholesale rewriting of the Indiana Constitution, by statute. For more, see the latter part of this Jan. 13, 2014 ILB post.

Posted by Marcia Oddi on February 2, 2014 04:50 PM
Posted to Indiana Law