State constitution
Constitution of Iowa
Data from Iowa Legislature
Full article/section structure with condensed section text. Article III restarts numbering for its 'Legislative Department' part; Article IX's superseded Board of Education and the Schedule's spent 1857 transitional provisions are summarized. Some section age/qualification numbers are superseded by federal law (e.g. voting age). Read the verbatim text at the source link.
Article I Bill of Rights
§ 1 Rights of persons
All men and women are by nature free and equal and have inalienable rights, including defending life and liberty, acquiring and protecting property, and pursuing safety and happiness.
§ 2 Political power
All political power is inherent in the people; government is instituted for their benefit, and they have the right to alter or reform it whenever the public good requires.
§ 3 Religion
The General Assembly shall make no law respecting an establishment of religion or prohibiting its free exercise, and no one shall be compelled to support any place of worship or ministry.
§ 4 Religious test; witnesses
No religious test shall be required for any office, and no person shall be rendered incompetent as a witness because of religious belief.
§ 5 Dueling
Any person who fights, sends, or accepts a challenge to a duel is disqualified from holding office.
§ 6 Laws uniform
All laws of a general nature shall have a uniform operation.
§ 7 Liberty of speech and press
Every person may speak, write, and publish their sentiments on all subjects, being responsible for the abuse of that right; truth is a defense in libel, and the jury judges law and fact.
§ 8 Personal security; searches and seizures
The people are secure against unreasonable searches and seizures, and warrants issue only on probable cause, supported by oath and particular description.
§ 9 Trial by jury; due process
The right of trial by jury shall remain inviolate, and no person shall be deprived of life, liberty, or property without due process of law.
§ 10 Rights of persons accused
In criminal prosecutions the accused has the right to a speedy public trial by an impartial jury, to know the accusation, to confront witnesses, to compulsory process, and to counsel.
§ 11 When indictment necessary; grand jury
Offenses less than felony may be prosecuted by information, and the grand jury consists of the number of members fixed by law.
§ 12 Twice tried; bail
No person acquitted shall be tried again for the same offense, and all persons are bailable except for capital offenses when the proof is evident or the presumption great.
§ 13 Habeas corpus
The writ of habeas corpus shall not be suspended or refused except when, in case of rebellion or invasion, the public safety requires it.
§ 14 Military
The military is subordinate to the civil power, and no standing army shall be kept in time of peace without the General Assembly's consent.
§ 15 Quartering soldiers
No soldier shall in time of peace be quartered in any house without the owner's consent, nor in war except as prescribed by law.
§ 16 Treason
Treason against the State consists only in levying war against it or adhering to its enemies, and requires the testimony of two witnesses or confession in open court.
§ 17 Bail; punishments
Excessive bail shall not be required, excessive fines shall not be imposed, and cruel and unusual punishments shall not be inflicted.
§ 18 Eminent domain
Private property shall not be taken for public use without just compensation first made or secured, with special provisions for drainage ditches and levees.
§ 19 Imprisonment for debt
No person shall be imprisoned for debt in any civil action except in cases of fraud.
§ 20 Right of assemblage; petition
The people have the right to assemble peaceably to counsel for the common good, to make known their opinions, and to petition for redress of grievances.
§ 21 Attainder; ex post facto; contracts
No bill of attainder, ex post facto law, or law impairing the obligation of contracts shall ever be passed.
§ 22 Resident aliens
Foreigners who are or become residents of the State enjoy the same property rights as native-born citizens.
§ 23 Slavery; penal servitude
There shall be no slavery in the State, nor involuntary servitude except as punishment for crime after conviction.
§ 24 Agricultural leases
No lease or grant of agricultural land reserving rent for longer than twenty years is valid.
§ 25 Rights reserved
The enumeration of rights shall not be construed to impair or deny others retained by the people.
Article II Right of Suffrage
§ 1 Electors
Every U.S. citizen of the required age who has met the residence requirement is a qualified elector (the text states twenty-one; federal law now sets eighteen).
§ 2 Privileged from arrest
Electors are privileged from arrest, except for treason, felony, or breach of the peace, while attending, going to, and returning from elections.
§ 3 From military duty
No elector is obliged to perform military duty on election day except in time of war or public danger.
§ 4 Persons in military service
No person gains or loses residence in the State merely by being stationed in it while in the military service of the United States.
§ 5 Disqualified persons
A person adjudged mentally incompetent to vote or convicted of an infamous crime is disqualified from voting.
§ 6 Ballot
All elections by the people shall be by ballot.
§ 7 General election
The general election for state, district, county, and township officers is held as provided by law.
Article III Distribution of Powers; Legislative Department
§ 1 (Powers) Departments of government
The powers of government are divided into the legislative, executive, and judicial departments, and no person charged with duties in one may exercise the functions of another except as expressly permitted.
§ 1 General assembly
The legislative authority is vested in a General Assembly consisting of a Senate and a House of Representatives.
§ 2 Sessions of general assembly
The General Assembly meets in regular session and may be convened in special session as provided.
§ 3 Representatives
Members of the House of Representatives are chosen every second year.
§ 4 Qualifications
A Representative must have attained the required age, be a U.S. citizen, and be a resident of the State and district.
§ 5 Senators; qualifications
Senators are chosen for four years and must meet the higher age and residence qualifications set by this article.
§ 6 Senators; number and classification
The number of Senators shall not exceed one-half the number of Representatives, and they are classified so that about half are chosen every two years.
§ 7 Officers; elections determined
Each house chooses its own officers and judges the elections, returns, and qualifications of its members.
§ 8 Quorum
A majority of each house is a quorum, but a smaller number may adjourn and compel the attendance of absent members.
§ 9 Authority of the houses
Each house sits on its own adjournments, keeps a journal, determines its rules, and may punish or expel members.
§ 10 Protest; record of vote
Every member may dissent from and protest any act, and have the protest with reasons entered on the journal.
§ 11 Privileged from arrest
Senators and Representatives are privileged from arrest, except for treason, felony, or breach of the peace, during the session and going to and returning from it.
§ 12 Vacancies
When vacancies occur in either house, the Governor or acting executive issues writs of election to fill them.
§ 13 Doors open
The doors of each house are kept open except when secrecy is required.
§ 14 Adjournments
Neither house shall adjourn for more than three days without the consent of the other.
§ 15 Bills
Bills may originate in either house and be amended, altered, or rejected by the other.
§ 16 Executive approval; veto; item veto
Every bill is presented to the Governor, who may sign it, veto it, or (for appropriation bills) veto individual items; a veto may be overridden by two-thirds of each house.
§ 17 Passage of bills
No bill is passed except by the assent of a majority of all the members of each house, recorded on the journal.
§ 18 Receipts and expenditures
An accurate statement of the receipts and expenditures of public money is published periodically.
§ 19 Impeachment
The House of Representatives has the sole power of impeachment, and impeachments are tried by the Senate.
§ 20 Officers subject to impeachment
The Governor, judges, and other state officers are liable to impeachment, and judgment extends to removal and disqualification from office.
§ 21 Members not appointed to office
No Senator or Representative shall, during the term for which elected, be appointed to a civil office created or whose pay was increased during that term.
§ 22 Disqualification
No person holding a lucrative office under the United States or the State is eligible to a seat in the General Assembly.
§ 23 Failure to account
No collector or holder of public money who has failed to account for it is eligible to any office of trust or profit.
§ 24 Appropriations
No money shall be drawn from the treasury except in consequence of appropriations made by law.
§ 25 Compensation of members
Each member of the General Assembly receives compensation and expenses fixed by law.
§ 26 Time laws to take effect
An act passed at a regular session takes effect on the date provided or otherwise as prescribed by this section.
§ 27 Divorce
No divorce shall be granted by the General Assembly.
§ 28 Lotteries
This section concerns lotteries; the original prohibition has been amended to permit lotteries as regulated by law.
§ 29 One subject; expressed in title
Every act shall embrace but one subject, which shall be expressed in its title.
§ 30 Local or special laws
The General Assembly shall not pass local or special laws in the enumerated cases, and all laws shall be general and of uniform operation where a general law can apply.
§ 31 Extra compensation; claims
No extra compensation shall be paid after the service is rendered, and appropriations for local or private purposes require a two-thirds vote.
§ 32 Oath of members
Members take an oath to support the U.S. and State Constitutions before entering upon their duties.
§ 33 Census
This section provided for a state census; it has been superseded.
§ 34 Senate and house; limitation
The Senate shall be composed of not more than fifty members and the House of not more than one hundred members.
§ 35 Number and districts
The General Assembly establishes senatorial and representative districts after each federal census.
§ 36 Review by supreme court
The Supreme Court reviews a legislative apportionment plan upon the verified application of any qualified elector.
§ 37 Congressional districts
When a congressional district comprises two or more counties, it must be composed of contiguous counties.
§ 38 Elections by general assembly
In all elections by the General Assembly, the members vote viva voce.
§ 38A Municipal home rule
Municipal corporations are granted home-rule power and authority not inconsistent with state law.
§ 39 Legislative districts
Senatorial and representative districts are composed of convenient contiguous territory as nearly equal in population as practicable.
§ 39A Counties home rule
Counties and joint county-municipal governments are granted home-rule power and authority not inconsistent with state law.
§ 40 Nullification of administrative rules
The General Assembly may nullify an adopted administrative rule by resolution as provided.
Article IV Executive Department
§ 1 Governor
The supreme executive power of the State is vested in a chief magistrate styled the Governor.
§ 2 Election and term
The Governor and Lieutenant Governor are elected by the qualified electors at the general election.
§ 3 Elected jointly; returns
The Governor and Lieutenant Governor are elected jointly, and the returns of the election are canvassed as provided.
§ 4 Tie vote; succession
In case of a tie, the General Assembly elects between the tied nominees, and the Lieutenant Governor succeeds the Governor as provided.
§ 5 Contested elections
Contested elections for Governor and Lieutenant Governor are determined as provided by law.
§ 6 Eligibility
No person is eligible as Governor or Lieutenant Governor who has not attained the required age, been a U.S. citizen, and been a resident of the State for the required period.
§ 7 Commander in chief
The Governor is commander-in-chief of the militia, army, and navy of the State, except when they are called into federal service.
§ 8 Duties of governor
The Governor transacts all executive business with the officers of government and may require information from them on their duties.
§ 9 Execution of laws
The Governor shall take care that the laws are faithfully executed.
§ 10 Vacancies
When an office becomes vacant and no mode of filling it is provided, the Governor fills it by appointment.
§ 11 Convening general assembly
The Governor may, on extraordinary occasions, convene the General Assembly.
§ 12 Message
The Governor communicates by message to the General Assembly the condition of the State and recommends measures.
§ 13 Adjournment
In case of disagreement between the two houses on adjournment, the Governor may adjourn the General Assembly.
§ 14 Disqualification
No person holding an office under the authority of the United States exercises the office of Governor except as provided.
§ 15 Terms; compensation
The official terms of the Governor and Lieutenant Governor and their compensation are fixed as prescribed by this section and by law.
§ 16 Pardons; reprieves; commutations
The Governor may grant reprieves, commutations, and pardons after conviction, subject to regulations provided by law, except in cases of impeachment.
§ 17 Lieutenant governor to act as governor
In case of the death, impeachment, resignation, removal, or disability of the Governor, the Lieutenant Governor acts as Governor.
§ 18 Duties of lieutenant governor
The Lieutenant Governor has the duties provided by law and delegated by the Governor.
§ 19 Succession
If a vacancy occurs in both the offices of Governor and Lieutenant Governor, the line of succession follows this section.
§ 20 Seal of state
There shall be a Seal of State, kept by the Governor and used officially in the name of the people.
§ 21 Grants and commissions
All grants and commissions issue in the name and by the authority of the State of Iowa, sealed and signed as required.
§ 22 Secretary; auditor; treasurer
A Secretary of State, an Auditor of State, and a Treasurer of State are elected, with terms and duties provided by law.
Article V Judicial Department
§ 1 Courts
The judicial power is vested in a Supreme Court, district courts, and such other courts as the General Assembly may establish.
§ 2 Supreme court
The Supreme Court consists of the number of judges provided, with a quorum required to decide cases.
§ 3 Selection of judges; term
Justices and judges are appointed from nominees and thereafter stand for retention, as provided by amendment to this article.
§ 4 Jurisdiction of supreme court
The Supreme Court has appellate jurisdiction only in cases in law and equity, and such original and remedial jurisdiction as provided.
§ 5 District court and judge
There is a district court in each judicial district with the judges provided by law.
§ 6 Jurisdiction of district court
The district court is a court of law and equity with general jurisdiction as prescribed by law.
§ 7 Conservators of the peace
The judges of the supreme and district courts are conservators of the peace throughout the State.
§ 8 Style of process
The style of all process is 'The State of Iowa,' and all prosecutions are carried on in the name and by the authority of the State.
§ 9 Salaries
Repealed (1962).
§ 10 Judicial districts
The General Assembly may reorganize the judicial districts and increase or decrease the number of judges.
§ 11 Judges; when chosen
Judges are chosen and hold office for the terms provided by amendment to this article.
§ 12 Attorney general
The General Assembly provides by law for the election of an Attorney General.
§ 13 District attorney
This section provided for a district (now county) attorney as prescribed by law.
§ 14 System of court practice
It is the duty of the General Assembly to provide a general system of practice for all the courts of the State.
§ 15 Vacancies in courts
Vacancies in the supreme and district courts are filled by gubernatorial appointment from nominees submitted by a judicial nominating commission.
§ 16 State and district nominating commissions
State and district judicial nominating commissions are established, composed of appointed and elected members as provided.
§ 17 Terms; judicial elections
Members of all courts have the tenure fixed by law and stand for retention by the electorate.
§ 18 Salaries; qualifications; retirement
Judges of the supreme and district courts receive salaries fixed by law and meet the qualifications and retirement provisions prescribed.
§ 19 Retirement and discipline of judges
In addition to impeachment, the Supreme Court may provide for the retirement and discipline of judges for cause.
Article VI Militia
§ 1 Composition; training
The militia is composed of all able-bodied residents of the State subject to service, except those exempted by law.
§ 2 Exemption
No person conscientiously scrupulous of bearing arms shall be compelled to do so, upon such conditions as prescribed by law.
§ 3 Officers
The commissioned officers of the militia (staff officers excepted) are elected or appointed as provided.
Article VII State Debts
§ 1 Credit not to be loaned
The credit of the State shall not be given or loaned to any individual, association, or corporation.
§ 2 Limitation
The State may contract debts to supply casual deficits or failures in revenue, not to exceed a total of $250,000.
§ 3 Losses to school funds
The State is liable for all losses to its permanent school or university funds resulting from any cause.
§ 4 War debts
The State may contract debts beyond the ordinary limit to repel invasion, suppress insurrection, or defend the State in war.
§ 5 Contracting debt; submission to the people
No other debt shall be contracted unless authorized by a law approved by a majority of the people voting on it.
§ 6 Legislature may repeal
The General Assembly may, after voter approval of such a law, repeal it and forbid contracting further debt under it.
§ 7 Tax imposed distinctly stated
Every law that imposes, continues, or revives a tax shall distinctly state the tax and its object.
§ 8 Motor vehicle fees and fuel taxes
All motor vehicle registration fees and fuel excise taxes are used exclusively for the construction and maintenance of public highways.
§ 9 Fish and wildlife protection funds
Revenue from state hunting, fishing, and trapping license fees is used solely for the protection and propagation of fish and wildlife.
Article VIII Corporations
§ 1 How created
No corporation shall be created by special laws; the General Assembly provides for their organization by general laws.
§ 2 Taxation of corporations
The property of all corporations for pecuniary profit is subject to taxation like that of individuals.
§ 3 State not to be a stockholder
The State shall not become a stockholder in any corporation, nor lend its credit to any corporation.
§ 4 Municipal corporations
No political or municipal corporation shall become a stockholder in any corporation or lend its credit to one.
§ 5 Banking associations
No act creating corporations with banking privileges takes effect unless approved by a majority of the people voting on it.
§ 6 State bank
Subject to the foregoing, the General Assembly may provide for a state bank with branches by general law.
§ 7 Specie basis
A state bank must be founded on an actual specie basis with the specified security.
§ 8 General banking law
A general banking law must provide for the registry and security of the notes issued as circulating currency.
§ 9 Stockholders' responsibility
Every stockholder in a banking corporation is individually responsible for its debts to a specified amount over their stock.
§ 10 Billholders preferred
In case of insolvency of a banking institution, the billholders are preferred over all other creditors.
§ 11 Specie payments; suspension
The suspension of specie payments by banking institutions shall never be permitted or sanctioned.
§ 12 Amendment or repeal of laws
The General Assembly may alter or repeal the laws under this article, and no exclusive privileges shall ever be granted except as provided.
Article IX Education and School Lands
§ 1-16 Board of Education (superseded)
The first division established a State Board of Education with power to legislate on the common schools and the state university; Section 15 authorized the General Assembly to abolish or reorganize the board, which it has done, so these provisions are omitted from the codified text.
§ SL-1 Control; management
The educational and school funds and lands are under the control and management of the General Assembly.
§ SL-2 Permanent fund
The university lands and their proceeds remain a permanent fund whose interest supports the state university.
§ SL-3 Perpetual support fund
The proceeds of lands granted for the support of schools, along with certain escheated estates, form a perpetual fund whose interest is inviolably applied to the support of the common schools.
§ SL-4 Fines; how appropriated
Repealed (1974).
§ SL-5 Proceeds of lands
The General Assembly shall protect and manage the lands granted for the use of the university, keeping the proceeds as a permanent fund for its support.
§ SL-6 Agents of school funds
The financial agents of the school funds are the same officers who receive and control the state and county revenue.
§ SL-7 Distribution
Repealed (1984).
Article X Amendments to the Constitution
§ 1 How proposed; submission
An amendment may be proposed in either house, and if agreed to by a majority of the members elected to each house in two successively elected General Assemblies and then approved by a majority of the voters, it becomes part of the Constitution.
§ 2 More than one amendment
If two or more amendments are submitted at the same time, they are submitted so that electors may vote for or against each separately.
§ 3 Constitutional convention
At the general election every tenth year, and when the General Assembly directs, the question of calling a constitutional convention is submitted to the voters.
Article XI Miscellaneous
§ 1 Justice of peace; jurisdiction
This section set the jurisdiction of justices of the peace; that office has since been abolished by statute.
§ 2 Counties
No new county shall be created containing less than 432 square miles, nor any organized county reduced below that area, with a stated exception.
§ 3 Indebtedness of municipal corporations
No county or municipal corporation shall become indebted beyond five percent of the value of its taxable property.
§ 4 Boundaries of state
The boundaries of the State may be enlarged with the consent of Congress and the General Assembly.
§ 5 Oath of office
Every person elected or appointed to office takes an oath to support the U.S. and State Constitutions and an oath of office before entering upon their duties.
§ 6 How vacancies filled
A person elected to fill a vacancy holds for the residue of the unexpired term, and an appointee holds until the next general election and until a successor qualifies.
§ 7 Land grants located
The General Assembly shall not locate any granted public lands upon lands actually settled without the occupant's consent, up to a stated acreage.
§ 8 Seat of government; state university
The seat of government is permanently established at Des Moines, and the state university at Iowa City.
Article XII Schedule
§ 1 Supreme law; constitutionality of acts
This Constitution is the supreme law of the State; any inconsistent law is void, and the General Assembly shall pass all laws necessary to carry it into effect.
§ 2 Laws in force
All laws in force and not inconsistent with this Constitution remain in force until they expire or are repealed.
§ 3-16 Transitional provisions
The remaining Schedule sections carried the 1846 government, pending proceedings, bonds, officers, courts, and first elections into the 1857 Constitution and set the manner of its submission to the people; they are spent and largely omitted from the codified text.
Full, verbatim text at Iowa Legislature