Corey and Todd explore the history of the Iowa constitution, its versions, what the government that everyone interfaces with considers the definition of “original” to be, the term codify, and why these answers are important to having the wherewithal to question conventional authority if one is to successfully live as a state citizen, not a US citizen. Special thanks to James Getman for prompting the dialog in Iowa via the SuperLiberty Meetup Listserve.
Super Liberty Meet Up Thread Informs Much of this Podcast
On Dec 6, 2015, at 1:37 PM, James Getman wrote:
I am writing to request the legislation that repealed the 1849 Constitution of California.
Reply: “Because there is no clear evidence of any repealing legislation, we must rely on you to provide the specific statute citation in which you are interested.”
There is no such thing as repealing a constitution. So the question should have been, “was there a constitutional convention in which the constitution was rewritten.”Also, the constitution must be ratified by the people in order to be considered adopted, so was there a vote by the public to adopt the new constitution.If there was not, and the government made the change without the authority of the people, then, and only then would you have a case of defacto government.A constitution is never repealed as there is no legal procedure for repealing a constitution…. It is either amended, abandoned or suspended.
Or, the original constitution stands, as it did when that state admitted into the Union by Congress.
On Sun, Dec 6, 2015 at 4:29 PM, Michael D. Elliott wrote:
We agree to disagree, Michael.
Iowa has had three constitutional conventions, all held in Iowa City. The first was in 1844, the second constitution was drafted in 1846, and the third was in 1857, which drafted the document still used today (although greatly amended).
Each of the conventions had central disputes which were the subject of debate. Unfortunately, as the records of the 1844 and 1846 conventions are fragmentary, the full extent of the discussions is unknown. In the course of the 1857 convention there were many arguments over matters which may not be guessed by looking at the mere words of the document, including the role of race in all aspects of life in Iowa.
The latest constitution was drafted over 39 days from January 19, 1857 through March 5, 1857. It was narrowly approved at a referendum in August and went into effect by proclamation of the governor on September 3, 1857.
Since that time, Iowa’s Constitution has been amended 46 times but the basic document still remains. It is now one of the older state constitutions in America.
You can read and search the debates that took place during the drafting of the third constitution in the scanned versions of the two volume set: The debates of the Constitutional Convention on the State of Iowa, assembled in Iowa City, Monday, January 19, 1857. Being a full and complete reopt of the debates and proceedings, by authority of the Convention; accompanied, for the purpose of reference, by a copious index of subjects, and remarks of members thereon. W. Blair Lord, Reporter.
My hope now is that we can get to an election next year without Obama declaring martial law for some reason, and remaining in office. He is certainly stirring up enough pots for that to happen.
Every four years liberty lovers around the USA worry about a president staying beyond his legally allowed stay by declaring martial law and every election it doesn’t happen, even though, it probably could very easily.The reason however this does not happen is because the government is not the president. The president is a hand selected stooge for the powers that be.The powers that be are not threatened by any outside citizen force to declare martial law. The purpose of martial law is to stomp out the brush fires of liberty and rebellion against those in control.We are no threat to those in power. Like I said before, you have a dumbed down society where most beg for government to get them their share of the public treasury in one way or another and for one reason or another.There is no benefit to declare martial law when you already own and control every citizen.Like I have said before, if you can’t even change anything in your own backyard, what makes you think you will change anything state or nationally??If you want to change some things, start right here in Scott county. Make this place the oasis of Liberty as Todd has coined in the past.Challenge your local government politicians, get your neighbors up in arms(figuratively) and demand your government be a protector of rights rather than a violator. Educate your neighbors and get them actively supporting pro Liberty activism.
That is the purpose of superliberty.
Let’s pull together people and friendly organizations from all the corners of Scott county and let’s work together to make real change in Scott county.
Michael D. Elliott
The archive page at http://www.
– Composite of all permanent laws enacted by the Iowa General Assembly.
Both the 1844 and 1846 documents had one feature that is interesting as a historical curiosity. Both of them prohibited banks in Iowa. The “banks” which were prohibited were the then frequently existing “banks of issue.” These banks printed and issued notes which were similar in appearance and use to our paper currency today. These banks were numerous in the early 1800s and were often wildcat operations. When one of these banks closed, those who held notes issued by that bank suffered a significant financial loss. Another kind of bank, a “bank of deposit,” was not prohibited.
The 1857 constitution was drafted because of the soon perceived problems with the 1846 document. This convention, however, continued to follow a similar governmental structure as provided for in the earlier documents.
On Tuesday, December 8, 2015, Mike Berntsen wrote:
If the 14th ammendment was ratified in 1868 and the current Iowa constitution was ratified in 1857, then how would gov-co(admin state of DC) have established a new admininstrative state that oversees it’s federally domiciled “inmates” in Iowa? Through ammendments to the 1857 consitution? How would that work? in Cali it sounds like a brand new constitution was ratified(but was the constituion for the DC admin state- an entirely different government/jurisdiction), but in Iowa could they establish a new gov/jurisdiction via ammendment to the actual people’s state of Iowa?
From: Mike Berntsen
Date: Tue, Dec 8, 2015 at 9:13 AM
Subject: Re: [SuperLiberty] The whitewash continues
Todd, are you saying Iowa may have never legitimately been a people’s state because of territory disputes? If that’s the case, would Iowa exclusively be under gov-co admin jurisdiction? I believe I’ve heard you and Corey reference New Jersey in the same light.
Thanks, Mike B
From: Silver Eagle Trust <firstname.lastname@example.org>
Date: Tue, Dec 8, 2015 at 9:32 AM
Subject: 1846 Iowa Constitution
To: Todd McGreevy
On Tuesday, December 8, 2015, Michael D. Elliott wrote:
From: Mike Berntsen
Date: Tue, Dec 8, 2015 at 4:29 PM
Subject: [SuperLiberty] The whitewash continues
From: Michael D. Elliott
Date: Tue, Dec 8, 2015 at 4:49 PM
Subject: Re: [SuperLiberty] The whitewash continues