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892.IOWA.TXT
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CONSTITUTION OF THE STATE OF IOWA
PREAMBLE
WE, THE PEOPLE OF THE STATE OF IOWA, grateful to the Supreme
Being for the blessings hitherto enjoyed, and feeling our
dependence on Him for a continuance of those blessings, do
ordain and establish a free and independent government, by
the name of the STATE OF IOWA, the boundaries whereof shall
be as follows:
ARTICLE I
BILL OF RIGHTS
Sec. 1. All men are, by nature, free and equal, and have certain
inalienable rights among which are those of enjoying and
defending life and liberty, acquiring, possessing and pro-
tecting property, and pursuing and obtaining safety and
happiness.
Sec. 2. All political power is inherent in the people. Government
is instituted for the protection, security, and benefit of
the people, and they have the right, at all times, to alter
or reform the same, whenever the public good may require it.
Sec. 3. The General Assembly shall make no law respecting an estab-
lishment of religion, or prohibiting the free exercise
thereof; nor shall any person be compelled to attend any
place of worship, pay tithes, taxes, or other rates for
building or repairing places of worship, or the maintenance
of any minister, or ministry.
Sec. 4. No religious test shall be required as a qualification for
any office, or public trust, and no person shall be deprived
of any of his rights, privileges, or capacities, or disqual-
ified from the performance of any of his public or private
duties, or rendered incompetent to give evidence in any
court of law or equity, in consequence of his opinions on
the subject of religion; and any party to any judicial pro-
ceeding shall have the right to use as a witness, or take
the testimony of, any other person not disqualified on ac-
count of interest, who may be cognizant of any fact material
to the case; and parties to suits may be witnesses, as pro-
vided by law.
Sec. 5. Any citizen of this State who may hereafter be engaged,
either directly, or indirectly, in a duel, either as princi-
ple, or accessary before the fact, shall forever be disqual-
ified from holding any office under the Constitution and
laws of this State.
Sec. 6. All laws of a general nature shall have a uniform operation;
the General Assembly shall not grant to any citizen, or
class of citizens, privileges or immunities, which, upon the
same terms shall not equally belong to all citizens.
Sec. 7. Every person may speak, write, and publish his sentiments on
all subjects, being responsible for the abuse of that right.
No law shall be passed to restrain or abridge the liberty of
speech, or of the press. In all prosecutions or indictments
for libel, the truth may be given in evidence to the jury,
and if it appears to the jury that the matter charged as
libelous was true, and was published with good motives and
for justifiable ends, the party shall be acquitted.
Sec. 8. The rights of the people to be secure in their persons,
houses, papers and effects, against unreasonable seizures
and searches, shall not be violated, and no warrant shall
issue but on probable cause, supported by oath or affirm-
ation, particularly describing the place to be searched, and
the persons and things to be seized.
Sec. 9 The right of trial by jury shall remain inviolate; but the
General Assembly may authorize trial by a jury of a less
number than twelve men in inferior courts; but no person
shall be deprived of life, liberty, or property without due
process of law.
Sec. 10. In all criminal prosecutions, and in cases involving the
life, or liberty of an individual the accused shall have a
right to a speedy and public trial by an impartial jury; to
be informed of the accusation against him, to have a copy of
same when demanded; to be confronted with the witnesses
against him; to have compulsory process for his witnesses;
and, to have the assistance of counsel.
Sec. 11. All offenses less than felony and in which the punishment
does not exceed a fine of one hundred dollars, or impris-
onment for thirty days, shall be tried summarily before a
Justice of the Peace, or other officer authorized by law, on
information under oath, without indictment, or the interven-
tion of a grand jury, saving to the defendant the right of
appeal; and no person shall be held to answer for any higher
criminal offense, unless on presentment or indictment by a
grand jury except in cases arising in the army, or navy, or
in the militia, when in actual service, in time of war or
public danger. [amended 1884 - The grand jury may consist
of any number of members not less than five, nor more than
fifteen, as the General Assembly may by law provide for
holding persons to answer for any criminal offense without
the intervention of a grand jury.]
Sec. 12. No person shall after acquittal, be tried for the same of-
fense. All persons shall, before conviction, be bailable, by
sufficient sureties, except for capital offenses where the
proof is evident, or the presumption great.
Sec. 13. The writ of habeas corpus shall not be suspended, or refused
when application is made as required by law, unless in case
of rebellion, or invasion the public safety may require it.
Sec. 14. The military shall be subordinate to the civil power. No
standing army shall be kept up by the State in time of
peace; and in time of war, no appropriation for a standing
army shall be for a longer time than for two years.
Sec. 15. No soldier shall, in time of peace, be quartered in any
house without the consent of the owner, nor in time of war
except in the manner prescribed by law.
Sec. 16. Treason against the State shall consist only in levying war
against it, adhering to its enemies, or giving them aid and
comfort. No person shall be convicted of treason, unless on
the evidence of two witnesses to the same overt act, or con-
fession in open court.
Sec. 17. Excessive bail shall not be required; excessive fines shall
not be imposed, and cruel and unusual punishment shall not
be inflicted.
Sec. 18. Private property shall not be taken for public use without
just compensation first being made, or secured to be made to
the owner thereof, as soon as the damages shall be assessed
by a jury, who shall not take into consideration any advan-
tages that may result to said owner on account of the im-
provement for which it is taken. [amended 1908 - The Gen-
eral Assembly, however, may pass laws permitting the owners
of lands to construct drains, ditches, and levees for agri-
cultural, sanitary or mining purposes across the lands of
others, and provide for the organization of drainage dis-
tricts, vest the proper authorities with power to construct
and maintain levees, drains and ditches and to keep in re-
pair all drains, ditches, and levees heretofore constructed
under the laws of the state, by special assessments upon the
property benefited thereby. The General Assembly may pro-
vide by law for the condemnation of such real estate as
shall be necessary for the construction of such drains,
ditches and levees, and prescribe the method of making such
condemnation.]
Sec. 19. No person shall be imprisoned for debt in any civil action,
on mesne or final process, unless in case of fraud; and no
person shall be imprisoned for a militia fine in time of
peace.
Sec. 20. The people have the right to freely assemble together to
counsel for the common good; to make known their opinions to
their Representatives and to petition for a redress of
grievances.
Sec. 21. No bill of attainder, ex post facto law, or law impairing
the obligation of contracts, shall ever be passed.
Sec. 22. Foreigners who are, or may hereafter become residents of
this state, shall enjoy the same rights in respect to the
possession, enjoyment and descent of property, as native
born citizens.
Sec. 23. There shall be no slavery in this State; nor shall there be
involuntary servitude, unless for the punishment of crime.
Sec. 24. No lease or grant of agricultural lands, reserving any rent,
or service of any kind, shall be valid for a longer period
than twenty years.
Sec. 25. This enumeration of rights shall not be construed to impair
or deny others, retained by the people.
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