A constitution may contain, in addi-
tion to organic law, other matters that
do not make up the permanent founda-
tion of government.2
"It is generally the rule that ordi-
nances and schedules appended to a
constitution, as distinguished from
the permanent and fundamental law
embodied in the constitution itself,
are temporary enactments for the pur-
pose of effecting a transition from
the old government to the new, and
of putting the provisions of the new
constitution into effect . . ."3
Provisions found in a schedule are
generally presumed to be temporary.4
Such a provision may, however, have a
permanent effect if the language in the
section compels such a decision, and the
situation requires it.5 Since such ordi-
nances are not generally intended to be
a permanent and abiding part of the
fundamental law, they are subject to
change by an initiated law or by an act
of the legislature when it is duly con-
stituted under the new constitution.6
A constitutional convention should
be given the authority to pass such ordi-
nances.
1 This article was prepared for the Commis-
sion by Frank T. Ralabate, research assistant
to the Constitutional Convention Commission;
B.A., 1964, Canisius College; LL.B., 1967,
Eastern College, Mount Vernon School of
Law.
2Starr v. Hagglund, 374 P. 2d 316, 318
(Alaska 1962).
3 16 C.J.S. Constitutional Law § 11 (1956).
4 Id. n. 92.
5 Id. n. 93.
6 Starr v. Hagglund, supra note 2, at 322.
364
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"Generally, a constitutional con-
vention's authority to pass ordinances
and give them validity depends on
powers conferred on the convention
by the law which authorizes their
assemblage, and where such law does
not provide that the convention shall
have the power of independent legis-
lation, the validity of the convention
ordinances depends on their submis-
sion and ratification by the people."7
Concerning the uses of "The Sched-
ule" in constitutions, Jameson, in The
Constitutional Convention wrote:
"The Schedule is that part of a
written Constitution in which are
comprised provisions deemed neces-
sary — 1, to ascertain the will of the
people with respect to the adoption
of the instrument, matured by a Con-
vention, as the Constitution of the
State; 2, to effect, without inconveni-
ence or embarrassment, the transition
from the old to the new order of
things, and to save rights, acquired
under existing laws, from lapsing by
their repeal; 3, to set up and put in
operation the institutions and agen-
cies described in the Constitution, so
far as not already in operation. These
provisions are mostly temporary in
purpose and effect; and although they
are, some of them, of a character
more or less fundamental, they seem
incongruous with the permanent pro-
visions of the Constitution, properly
so called, and with the Bill of Rights.
Beside these, which are the usual and
proper contents of a Schedule, are
7 C.J.S., supra note 3.
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