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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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