History of the Constitutions of IowaShambaugh, Benjamin Franklin
History
History of the Constitutions of Iowa
Shambaugh, Benjamin Franklin
Constitutional history -- Iowa; Constitutions -- Iowa
Article IV. proclaims the theory of the separation of powers in
sweeping terms, and prescribes the constitution of the law-making
department. Herein the legislative authority was vested in a General
Assembly, which was organized on the bicameral plan. The members of
the House of Representatives were to be chosen for two years,
those of the Senate for four years. The regular sessions of the
General Assembly were to be held biennially.
Article V. on the "Executive Department" provides that the "Supreme
Executive power shall be vested in a Governor, who shall hold his
office for two years; and that a Lieutenant Governor shall be chosen
at the same time and for the same term." The Governor must be a
citizen of the United States and have attained the age of thirty
years.
Article VI. organizes the "Judicial Department." It provides for a
Supreme Court consisting of "a Chief Justice and two Associates," to
be chosen by the General Assembly for a term of four years. The
District Court was to "consist of a Judge, who shall reside in
the district assigned him by law," and be elected by the people for
the same term as the Judges of the Supreme Court.
Article VII. provides that the "Militia" shall be composed of "all
able bodied white male persons between the ages of eighteen and
forty-five years," except such persons as are or may be especially
exempted by law. All details relative to organizing, equipping, and
disciplining the militia were left to the General Assembly.
Article VIII. on "Public Debts and Liabilities" prohibited the General
Assembly from contracting debts and obligations which in the aggregate
would exceed one hundred thousand dollars.
Article IX. placed restrictions upon banking and other business
corporations.
Article X. deals with "Education and School Lands." It provides for a
"Superintendent of Public Instruction" who shall be chosen by the
General Assembly. It directs the General Assembly to provide for a
system of common schools. It declares also that the General Assembly
"shall encourage, by all suitable means, the promotion of
intellectual, scientific, moral and agricultural improvement."
Article XI. outlines a system of local government which includes both
the county and the township organization. The details are left to the
General Assembly.
Article XII. provides for "Amendments to the Constitution." In the
case of partial revision of the Constitution, the specific amendment
must be passed by two successive General Assemblies and ratified by
the people. When it is desired to have a total revision of the
fundamental law, the General Assembly submits the question of a
Constitutional Convention to a direct vote of the people.
Article XIII. provides a "Schedule" for the transition from the
Territorial to the State organization.
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