History of the Constitutions of IowaShambaugh, Benjamin Franklin
History
History of the Constitutions of Iowa
Shambaugh, Benjamin Franklin
Constitutional history -- Iowa; Constitutions -- Iowa
The out-and-out opponents of State government continued to reiterate
the old argument of "Economy." They would vote against the
Constitution in order to prevent an increase in the burdens of
taxation. This argument of itself could not possibly have defeated
ratification, since there was at this time an overwhelming majority
who desired admission into the Union. And yet the plea of economy
(which always appealed strongly to the pioneers) undoubtedly
contributed somewhat to the defeat and rejection of the Constitution
of 1844.
Prior to the first of March, 1845, opposition to ratification was
expressed chiefly in objections to the proposed Constitution. As
a whole that instrument was characterized as "deficient in style,
manner, and matter, and far behind the spirit of this enlightened
age." It could not even be called a code of fundamental law, since it
contained legislative as well as Constitutional provisions. It
confounded statute law with Constitutional law.
In its detailed provisions and clauses the Constitution of 1844 was
still less satisfactory to the opponents of ratification. They seemed
to see everywhere running through the whole instrument erroneous
principles, inexpedient provisions, and confused, inconsistent, and
bungling language. They declared that the legislative, executive, and
judicial departments of the government were not sufficiently separate
and distinct. The principle of the separation of powers was
clearly violated (1) by giving to the Executive the power of veto, and
(2) by allowing the Lieutenant Governor to participate in the debates
of the Senate. Nor were the popular powers--namely, the powers of
sovereignty--always differentiated from the delegated powers--or, the
powers of government.
The Constitution was roundly abused because it provided for the
election of the Judges of the inferior courts by the people. To the
minds of the critics the office of Judge was too sacred to be dragged
into partisan politics and through corrupting campaigns. Judges ought
not to be responsible to the people, but solely to their own
consciences and to God. Likewise, it was contrary to the principles of
efficient and harmonious administration to provide for the
popular election of the Secretary of State, Auditor of Public
Accounts, and Treasurer. Such positions should be filled by executive
appointment.
Again, the Constitution was attacked because it provided for biennial
instead of annual elections. The salaries fixed for State officers
were "niggardly and insufficient." The method prescribed for amending
the Constitution was altogether too tedious and too uncertain. The
provisions relative to corporations were too narrow, since they
restrained the General Assembly from providing for internal
improvements. By requiring all charters of banks and banking
institutions to be submitted to a direct vote of the people, the
Constitution practically prevented the organization and establishment
of such institutions.
Public-domain text, read in full here on John Shaqi.
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