Iowa State Constitution: A Reference Guide

Overview

This reference guide begins with a constitutional history of Iowa. The majority of this history is devoted to accounts of the constitutional conventions and the documents they produced. The rest of Part I contains a discussion of the cases that had an effect beyond merely deciding constitutional issues and an explanation of major amendments set in the context of Iowa history. The bulk of this book is a section-by-section analysis of the constitution rounded out by a bibliographical essay, table of cases, and ...

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Overview

This reference guide begins with a constitutional history of Iowa. The majority of this history is devoted to accounts of the constitutional conventions and the documents they produced. The rest of Part I contains a discussion of the cases that had an effect beyond merely deciding constitutional issues and an explanation of major amendments set in the context of Iowa history. The bulk of this book is a section-by-section analysis of the constitution rounded out by a bibliographical essay, table of cases, and index. It will be useful to students and scholars of law and constitutional history.

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Editorial Reviews

Booknews
The first section discusses the creation of Iowa's Constitution, its subsequent history, and all 43 amendments<-->which vary in importance from removing racial discrimination from the constitution in 1868 and 1880 to repealing the prohibition against dueling in 1992. Part two is an analysis, article by article and section by section, of the entire constitution. With its emphasis on law, the book will be of interest not only to historians, but to Iowa lawyers, judges and legislators. Annotation c. by Book News, Inc., Portland, Or.
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Product Details

Meet the Author

JACK STARK is Assistant Chief Counsel at the Legislative Reference Bureau, State of Wisconsin.

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Table of Contents

Series Foreword xiii
Foreword xvii
Part I The Constitutional History of Iowa 1
The Constitutional Conventions: Building a State 2
The Early Years of Statehood: Freedom of the Press, Ending the Board of Education, Racial Issues 13
The Remainder of the Nineteenth Century: Prohibition, Religion in the Schools, Elections 17
The Early Twentieth Century: Elections and Suffrage Issues, Responses to the Depression 19
The Modern Era: A Judicial Change of Heart, An Attempt at a Constitutional Convention, Grants of Power to the Three Branches, Reapportionment, Gambling 21
Part II Iowa Constitution and Commentary 31
Preamble and Boundaries 33
Article I Bill of Rights 37
Section 1. Rights of Persons 37
Section 2. Political Power 39
Section 3. Religion 40
Section 4. Religious Test--Witnesses 41
Section 6. Laws Uniform 41
Section 7. Liberty of Speech and Press 42
Section 8. Personal Security--Searches and Seizures 43
Section 9. Right of Trial by Jury--Due Process of Law 44
Section 10. Rights of Persons Accused 46
Section 11. When Indictment Necessary--Grand Jury 50
Section 12. Twice Tried--Bail 51
Section 13. Habeas Corpus 52
Section 14. Military 52
Section 15. Quartering Soldiers 53
Section 16. Treason 53
Section 17. Bail--Punishments 53
Section 18. Eminent Domain--Drainage Ditches and Levees 54
Section 19. Imprisonment for Debt 63
Section 20. Right of Assemblage--Petition 63
Section 21. Attainder--ex post facto Law--Obligation of Contract 64
Section 22. Resident Aliens 65
Section 23. Slavery--Penal Servitude 65
Section 24. Agricultural Leases 66
Section 25. Rights Reserved 66
Article II Right of Suffrage 68
Section 1. Electors 68
Section 2. Privileged from Arrest 69
Section 3. From Military Duty 70
Section 4. Persons in Military Service 70
Section 5. Disqualified Persons 70
Section 6. Ballot 70
Section 7. General Elections 71
Article III Of the Distribution of Powers 72
Division 172
Section 1. Departments of Government 72
Division 2 Legislative Department 79
Section 1. General Assembly 79
Section 2. Annual Sessions of General Assembly--Special Sessions 80
Section 3. Representatives 80
Section 4. Qualifications 81
Section 5. Senators--Qualifications 81
Section 6. Senators--Number and Classification 82
Section 7. Officers--Elections Determined 82
Section 8. Quorum 83
Section 9. Authority of the Houses 83
Section 10. Protest--Record of Votes 84
Section 11. Privileged from Arrest 85
Section 12. Vacancies 85
Section 13. Doors Open 85
Section 14. Adjournments 85
Section 15. Bills 86
Section 16. Executive Approval--Veto--Item Veto by Governor 86
Section 17. Passage of Bills 91
Section 18. Receipts and Expenditures 92
Section 19. Impeachment 92
Section 20. Officers Subject to Impeachment--Judgment 92
Section 21. Members Not Appointed to Office 93
Section 22. Disqualification 93
Section 23. Failure to Account 94
Section 24. Appropriations 94
Section 25. Compensation and Expenses of General Assembly 95
Section 26. Time Laws to Take Effect 95
Section 27. Divorce 96
Section 29. Acts--One Subject--Expressed in Title 96
Section 30. Local or Special Laws--General and Uniform--Boundaries of Counties 100
Section 31. Extra Compensation--Payment of Claims--Appropriations for Local or Private Purposes 103
Section 32. Oath of Members 105
Section 34. Senate and House of Representatives--Limitation 105
Section 35. Senators and Representatives--Number and Districts 106
Section 36. Review by Supreme Court 107
Section 37. Congressional Districts 108
Section 38. Elections by General Assembly 108
Section 38A. Municipal Home Rule 108
Section 39. Legislative Districts 110
Section 39A. Counties Home Rule 110
Section 40. Nullification of Administrative Rules 112
Article IV Executive Department 113
Section 1. Governor 113
Section 2. Election and Term 113
Section 3. Lieutenant Governor--Returns of Elections 114
Section 4. Election by General Assembly--Death of Governor-Elect or Failure to Qualify 114
Section 5. Contested Elections 115
Section 6. Eligibility 115
Section 7. Commander in Chief 116
Section 8. Duties of Governor 116
Section 9. Execution of Laws 116
Section 10. Vacancies 116
Section 11. Convening General Assembly 117
Section 12. Message 117
Section 13. Adjournment 118
Section 14. Disqualification 118
Section 15. Terms--Compensation of Lieutenant Governor 118
Section 16. Pardons--Reprieves--Commutations 118
Section 17. Lieutenant Governor to Act as Governor 120
Section 18. President of Senate 120
Section 19. Gubernatorial Succession 120
Section 20. Seal of State 121
Section 21. Grants and Commissions 121
Section 22. Secretary--Auditor--Treasurer 121
Article V Judicial Department 122
Section 1. Courts 122
Section 2. Supreme Court 124
Section 4. Jurisdiction of Supreme Court 124
Section 6. Jurisdiction of District Court 126
Section 7. Conservators of the Peace 127
Section 8. Style of Process 128
Section 10. Judicial Districts 128
Section 12. Attorney General 129
Section 14. System of Court Practice 129
Section 15. Vacancies in Courts 130
Section 16. State and District Nominating Commissions 130
Section 17. Terms--Judicial Elections 131
Section 18. Salaries--Qualifications--Retirement 131
Section 19. Retirement and Discipline of Judges 132
Article VI Militia 133
Section 1. Composition--Training 133
Section 2. Exemption 133
Section 3. Officers 134
Article VII State Debts 135
Section 1. Credit Not to Be Loaned 135
Section 2. Limitation 137
Section 3. Losses to School Funds 138
Section 4. War Debts 139
Section 5. Contracting Debt--Submission to the People 139
Section 6. Legislature May Repeal 140
Section 7. Tax Imposed Distinctly Stated 140
Section 8. Motor Vehicle Fees and Fuel Taxes 142
Section 9. Fish and Wildlife Protection Funds 142
Article VIII Corporations 143
Section 1. How Created 143
Section 2. Taxation of Corporations 143
Section 3. State Not to Be a Stockholder 144
Section 4. Municipal Corporations 145
Section 5. Banking Associations 145
Section 6. State Bank 146
Section 7. Specie Basis 146
Section 8. General Banking Law 146
Section 9. Stockholders' Responsibility 146
Section 10. Billholders Preferred 147
Section 11. Specie Payments--Suspension 147
Section 12. Amendment or Repeal of Laws--Exclusive Privileges 147
Article IX Education and School Lands 149
Division 2 School Funds and School Lands 149
Section 1. Control--Management 149
Section 2. Permanent Fund 149
Section 3. Perpetual Support Fund 150
Section 5. Proceeds of Lands 151
Section 6. Agents of School Funds 151
Article X Amendments to the Constitution 152
Section 1. How Proposed--Submission 152
Section 2. More than One Amendment 153
Section 3. Constitutional Convention 154
Article XI Miscellaneous 155
Section 1. Justice of Peace--Jurisdiction 155
Section 2. Counties 155
Section 3. Indebtedness of Political or Municipal Corporations 156
Section 4. Boundaries of State 158
Section 5. Oath of Office 159
Section 6. How Vacancies Filled 159
Section 7. Land Grants Located 160
Section 8. Seat of Government Established--State University 160
Article XII Schedule 161
Section 1. Supreme Law--Constitutionality of Acts 161
Section 2. Laws in Force 161
Bibliographical Essay 163
Table of Cases 167
Index 179
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