Idaho Constitution Article XXI - Schedule and Ordinance
Idaho Constitution – Article XXI: Schedule and Ordinance
Purpose:
Article XXI of the Idaho Constitution, titled "Schedule and Ordinance," serves as a transitional provision. Its main function is to ensure a smooth shift from territorial governance to statehood after Idaho was admitted to the Union on July 3, 1890.
🔹 Key Provisions:
Continuity of Laws and Legal Proceedings:
All laws in force under the territorial government (unless inconsistent with the new state constitution) remain in effect until modified or repealed by the state legislature.
Recognition of Territorial Actions:
All existing rights, actions, prosecutions, judgments, and public records from the territorial period continue as valid under state law.
Territorial Officers and Institutions:
Officers of the territory continue to perform their duties until state officers are elected and qualified.
Transfer of Property and Obligations:
All property, funds, and institutions of the Territory of Idaho become property of the State of Idaho.
Adoption of the Constitution:
The constitution takes effect once ratified by the people and accepted by Congress. All state government branches begin operation accordingly.
Official Oath:
All officers are required to take an oath to support the Constitution of the United States and the State of Idaho.
Ordinance Clause:
This part often reaffirms Idaho's commitment to the Constitution of the United States, guarantees religious freedom, and ensures that public lands are held and used as agreed upon during admission to the Union.
✅ Summary:
Article XXI was essential in Idaho’s transition from territory to statehood. It preserved existing legal systems, ensured a smooth transfer of power and property, and solidified Idaho’s obligations to the federal government and its citizens under the new constitution.
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