Creating and Organizing CC 73

• Author: E.L. Henry
• Position: Partner, Adams & Reese, L.L.P.; Chairman, Louisiana Constitutional Convention of 1973
• Pages: 29-36

Page 29

Partner, Adams & Reese, L.L.P.; Chairman, Louisiana Constitutional Convention of 1973.

I Introduction

Because of the procedure involved, amending a state constitution is a much more difficult task than merely passing an act of legislation. In Louisiana, for example, ratification of an amendment to the constitution requires a two-thirds majority vote from both the House of Representatives and the Senate, as well as a majority vote from the citizens of the state.¹ As such, the amendment of just one provision of the constitution is a relatively rare occurrence. The adoption of an entirely new constitution, however, occurs even less often and requires a constitutional convention.²

Louisiana held a constitutional convention in 1973, prompting the adoption and ratification of the Louisiana Constitution of 1974. As will be illustrated below, the convention was very effective, but hard work and determination were required before the Louisiana Constitution of 1974 was finally adopted. The effectiveness of the convention depended on an infinite number of factors; however, the method and procedure in which the convention was conducted is of particular importance and is the focus of this article.

II The Louisiana Constitutional Convention Of 1973

Congressman Edwin Edwards made constitutional revision a priority in his l971 campaign for Governor. He had also pledged to streamline the executive branch of state government by eliminating or consolidating many of the boards and commissions in Louisiana. After his election, however, he and his staff discovered much of the consolidation could not take place without revision of the constitution since so many of these boards and commissions were created by the Constitution of 1921. Constitutional reform became even a higher priority, and when the 1972 regular session of the Louisiana Legislature convened, House Bill 181 (which became Act 2 of the Regular Session of 1972) was filed as the vehicle that the Edwards administration would use to create a constitutional convention.

Strong opinions ran from one extreme to the other among legislators as to the composition of the convention. Some legislators Page 30 wanted a commission to write a new constitution and believed the members of the House and Senate should sit as such. Others believed all delegates should be elected to the convention, and many believed no member of the House or Senate should be allowed to stand for election to the convention.³

In hindsight, the decision of the legislature to elect the overwhelming majority of the delegates to the convention was a very important one. While the Constitutional Convention of 1973 ("CC 73") was in progress, the Texas Legislature called a constitutional convention. Its enabling legislation allowed their House and Senate to sit as the convention, but their effort for a new state document failed. Many believed failure to elect delegates was a primary cause for their lack of success.

In the Louisiana Legislature, House Bill 181 passed both chambers in almost record time. In its final version, the bill was a compromise of ideas calling for the election of one hundred and five delegates, one from each district in the House of Representatives, plus twenty-seven additional delegates appointed by the governor. The twenty-seven appointed delegates would assure at least some representation of groups or interests that might not otherwise be given the opportunity to participate in the convention. Twelve of the twenty-seven appointed delegates were to be selected from the following special interest groups: industry, labor, education, civil service, wildlife and conservation, law enforcement, the judiciary, the professions, consumers, agriculture, youth and racial minorities.⁴

The election of the one hundred and five delegates was scheduled to take place along with the congressional elections in August and November of 1972. By mid-November, all one hundred and five elected delegates had been chosen. Several ministers, physicians, and businessmen and women were elected, and the variety of delegates provided "[a] reasonable measure of autonomy for the revision body."⁵

It should also be remembered that the United States Congress had passed the Voting Rights Act of 1965 several years prior to CC 73. In addition to three African-Americans appointed by the governor as delegates, nine were elected from various districts around the state.

Even before all the twenty-seven appointed delegates were named, the internal politics of the convention had begun. Some of the elected delegates expressed concern that Governor Edwards would attempt to exert too much influence on the outcome of the Page 31 convention, beginning with the election of the chairman. Throughout late November and December of 1972, various groups of delegates, elected and appointed, met to discuss issues such as the organization and procedure of the convention and the election of the chairman.⁶While some proclaimed that Governor Edwards was attempting to influence the election of the chairman, many candidates began to surface. Of those that emerged as candidates, three were elected delegates: a Senator, a Representative, and a district judge. The fourth, an appointed delegate, was a Louisiana Supreme Court Justice.⁷ At least three of the four candidates appeared to have close ties to Governor Edwards. But, if the governor had attempted to influence the outcome of the election, his efforts were well disguised.

The enabling legislation provided that the Chief Justice of the Louisiana Supreme Court, or an associate justice, would preside at the convention until a presiding officer was elected.⁸ The delegates were not drawn closer to each other when it was discovered that a small group of delegates had met with justices of the state supreme court. The meeting had taken place to discuss how the events and procedure of the opening day would be handled. Many of these details were not covered in the enabling legislation.

The enabling legislation directed that the convention would convene on January 5, 1973; the delegates would take their oath and "effect the permanent organization of the convention."⁹ This included adopting rules of procedure, creating substantive and procedural committees, and electing officers and an executive committee. The delegates would then adjourn until July 5, 1973.¹⁰Although the legislation seemed clear, when the delegates convened on January 5, they were of a mind to take a different approach. As it actually happened, the delegates did the following after taking their oath:

1. Resolved to establish and established a seventeen member Temporary Committee on Rules and Resolutions to draft a set of rules to be submitted to the full...