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STUDIES IN THE CONSTITUTION

OF IOWA

STUDIES IN THE
CONSTITUTION OF IOWA

BY

CARL HERMAN ERBE

A THESIS

SUBMITTED TO THE FACULTY OF THE GRADUATE COLLEGE OF THE

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PREFACE

Early in 1923 the writer undertook an analysis of the work and debates of the Iowa constitutional conventions. As a result of this investigation nine studies have been completed, namely: The Bill of Rights in the Iowa Constitution; Constitutional Provisions for the Suffrage in Iowa; Constitutional Limitations on Indebtedness in Iowa; Amendment of the Iowa Constitution; The Legislative Department as Provided by the Constitution of Iowa; The Executive Department as Provided by the Constitution of Iowa; The Judicial Department as Provided by the Constitution of Iowa; The Militia Under the Constitution of Iowa; and Constitutional Provisions for the Support of Public Education in Iowa. Of this group of studies the first was written as a master's thesis. The second, third, fourth, and fifth have been published in The Iowa Journal of History and Politics, Volumes twenty-two and twenty-three. All of those studies which have not yet appeared in print will be published later by the State Historical Society of Iowa.

This dissertation consists of those studies which have to do with the distribution of governmental powers in the Constitution of Iowa. Like many of the earlier State Constitutions, the Constitution of Iowa provides that the functions of government should be divided into three separate departments — the legislative, the executive, and the judicial; and that the persons properly exercising the powers belonging to one department shall not exercise any powers belonging to either of the others except in cases where this

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