History of the Constitutions of IowaShambaugh, Benjamin Franklin
History
History of the Constitutions of Iowa
Shambaugh, Benjamin Franklin
Constitutional history -- Iowa; Constitutions -- Iowa
Although the Organic Act of 1838 was almost a literal copy of the
Organic Act of 1836, the following differences are worthy of
observation: First, the term of the members of the Council was changed
from four years in 1836 to two years in 1838. Secondly, the term of
Representatives was changed from two years in 1836 to one year in 1838.
Thirdly, the term of the judges of the Supreme Court was changed from
"good behavior" in 1836 to four years in 1838. Fourthly, by the Organic
Act of 1838 the judges of the Supreme Court were required to
reside in their respective districts. Fifthly, the salary of the judges
of the Supreme Court was reduced from eighteen hundred dollars in 1836
to fifteen hundred dollars in 1838.
Reflection upon the history and provisions of the Constitution of the
Territory leads to a few general conclusions. First, this Constitution
was written i. e. codified. In the second place, it was an act of
Congress. Again, its provisions represent political evolution in
Territorial government up to the year 1838. Furthermore, government in
the Territory, though subordinate, had a wider sphere of activity under
the Organic Act than has ever since been enjoyed by government under a
State Constitution. This is true, since the Legislative Assembly and the
Territorial courts exercised to a considerable extent the
customary functions of both National and State governments. Still
further, the President of the United States was in theory the head of
Territorial administration, since he had the power to appoint and remove
the chief administrative officers in the Territory. Finally, there
existed in the machinery of Territorial government a nice balance
between administration on the one hand and legislation on the other,
that is, between the part which was responsible directly to the
President of the United States and the part which was responsible
directly to the people of the Territory.
VIII
THE CONSTITUTION OF THE TERRITORY AMENDED
No provision for its amendment is contained in the Organic Act of 1838;
but by inference and implication it is clear that the power to change,
alter, or amend the Constitution of the Territory resided in Congress.
The process of amendment, therefore, was that of ordinary legislation.
Congress was not long in exercising this extraordinary power. On March
3, 1839, within eight months of the organization of the Territory, the
President approved two acts amending the Constitution. These were: (1)
"An act to alter and amend the organic law of the Territories of
Wisconsin and Iowa;" and (2) "An Act to authorize the election or
appointment of certain officers in the Territory of Iowa, and for other
purposes."
The first limited the veto power of the Governor by providing that bills
not approved by him might, nevertheless, become laws if passed a second
time by two-thirds of both houses of the Legislative Assembly.
Public-domain text, read in full here on John Shaqi.
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