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The Messages and Proclamations of the Governors of Iowa Volume 6

The Messages and Proclamations of the Governors of Iowa Volume 6


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About the Book

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 edition. Excerpt: ...the Constitution of the State. By Section 1, Article 3 of the Constitution is provided that, "the powers of government shall ' 'be divided into three separate departments--the legislative, "the executive and the judicial; and no person charged with "the exercise of powers properly belonging to one of these "departments shall exercise any function appertaining to "either of the others." By Section 1 Article 4 it is provided, that, "the supreme "executive power of this State shall be vested in a chief "magistrate," etc., and by Section 16 of the same article it "is provided that, "the Governor shall have power to grant "reprieves, commutations and pardons, after conviction, for "all offenses....subject to such regulations as may be pro"vided by law." The effect of the bill in question is to work a commutation of sentence in the cases of nearly all the convicts now in the penitentiary, and in thus providing, the legislature has, in my judgment, assumed a power vested solely in the executive department of the government and its act is therefore void. To commute a sentence already passed, is clearly the exercise of an executive function, and it has no relation whatever to the law-making power. It is true that the legislature may prescribe regulations by which the executive shall be governed in granting clemency to persons convicted of crime, but its power ends there. It cannot under pretense of regulation divest the Executive of, or preclude his exercising, any power granted him by the constitution. The rule is that the constitution is a limitation upon the powers of the legislative department of the government, but it is to be regarded...


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Product Details
  • ISBN-13: 9781234237691
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 108
  • Spine Width: 6 mm
  • Width: 189 mm
  • ISBN-10: 1234237695
  • Publisher Date: 05 May 2014
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 209 gr


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