Iowa
State Constitution
Constitution Text
Article I: Bill of Rights
Section 1: Rights of persons . All men and women 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 protecting property, and pursuing and obtaining safety and happiness.
Amended by Amendment 45 (1998)
Section 4: Religious test — witnesses . 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 disqualified 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 proceeding shall have the right to use as a witness, or take the testimony of, any other person not disqualified on account of interest, who may be cognizant of any fact material to the case; and parties to suits may be witnesses, as provided by law.
Referred to in Iowa Code §729.1
Section 8: Personal security — searches and seizures . The right 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 affirmation, particularly describing the place to be searched, and the persons and things to be seized.
Referred to in Iowa Code §190C.22, 717.2A, 717B.5
Section 11: When indictment necessary — grand jury . All offenses less than felony and in which the maximum permissible imprisonment does not exceed thirty days shall be tried summarily before an officer authorized by law, on information under oath, without indictment, or the intervention 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.
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, or the general assembly may provide for holding persons to answer for any criminal offense without the intervention of a grand jury. Paragraph 1 amended by Amendment 46 (1998) Paragraph 2 added by Amendment 9 (1884)
Section 18: Eminent domain — drainage ditches and levees . 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 advantages that may result to said owner on account of the improvement for which it is taken.
The general assembly, however, may pass laws permitting the owners of lands to construct drains, ditches, and levees for agricultural, sanitary or mining purposes across the lands of others, and provide for the organization of drainage districts, vest the proper authorities with power to construct and maintain levees, drains and ditches and to keep in repair 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 provide by law for the condemnation of such real estate as shall be necessary for the construction and maintenance of such drains, ditches and levees, and prescribe the method of making such condemnation. Paragraph 2 added by Amendment 13 (1908)
Section 20: Right of assemblage — petition . The people have the right freely to 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. Attainder — ex post facto law — obligation of contract . No bill of attainder, ex post facto law, or law impairing the obligation of contracts, shall ever be passed. Referred to in Iowa Code §12A.10, 12E.11, 15.105, 16.2
Section 24: Agricultural leases . 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.
Referred to in Iowa Code §461A.25
Article II: Right of Suffrage
Section 1: Electors . Every citizen of the United States of the age of twenty-one years, who shall have been a resident of this state for such period of time as shall be provided by law and of the county in which he claims his vote for such period of time as shall be provided by law, shall be entitled to vote at all elections which are now or hereafter may be authorized by law. The general assembly may provide by law for different periods of residence in order to vote for various officers or in order to vote in various elections. The required periods of residence shall not exceed six months in this state and sixty days in the county.
Repealed and rewritten by Amendment 30 (1970) See United States Constitution, Amendments 19 and 26
Section 5: Disqualified persons . A person adjudged mentally incompetent to vote or a person convicted of any infamous crime shall not be entitled to the privilege of an elector.
Repealed and rewritten by Amendment 47 (2008)
Section 7: General election . The general election for state, district, county and township officers in the year 1916 shall be held in the same month and on the same day as that fixed by the laws of the United States for the election of presidential electors, or of president and vice-president of the United States; and thereafter such election shall be held at such time as the general assembly may by law provide.
Repealed and rewritten by Amendment 14 (1916) Statutory provisions, see Iowa Code §39.1
Article III: Of the Distribution of Powers
Section 1: Departments of government . The powers of the government of Iowa shall be divided into three separate departments — the legislative, the executive, and the judicial: and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any function appertaining to either of the others, except in cases hereinafter expressly directed or permitted.
2nd. Legislative Department.
Section 2: Annual sessions of general assembly — special sessions . The general assembly shall meet in session on the second Monday of January of each year. Upon written request to the presiding officer of each house of the general assembly by two-thirds of the members of each house, the general assembly shall convene in special session. The governor of the state may convene the general assembly by proclamation in the interim.
Repealed and rewritten by Amendment 36 (1974) Special sessions, see also this codified Iowa Constitution, Art. IV, §11 Referred to in Iowa Code §2B.13
Section 3: Representatives . The members of the house of representatives shall be chosen every second year, by the qualified electors of their respective districts, [***] and their term of office shall commence on the first day of January next after their election, and continue two years, and until their successors are elected and qualified.
For provisions relative to the time of holding the general election, see this codified Iowa Constitution, Art. II, §7; see also Iowa Code §39.1
Section 4: Qualifications . No person shall be a member of the house of representatives who shall not have attained the age of twenty-one years, be a citizen of the United States, and shall have been an inhabitant of this state one year next preceding his election, and at the time of his election shall have had an actual residence of sixty days in the county, or district he may have been chosen to represent.
Amended by Amendment 6 (1880) and Amendment 15 (1926)
Section 6: Senators — number and classification . The number of senators shall total not more than one-half the membership of the house of representatives. Senators shall be classified so that as nearly as possible one-half of the members of the senate shall be elected every two years.
Repealed and rewritten by Amendment 26 (1968) See also this codified Iowa Constitution, Art. III, §34 Referred to in Iowa Code §42.4
Section 7: Officers — elections determined . Each house shall choose its own officers, and judge of the qualification, election, and return of its own members. A contested election shall be determined in such manner as shall be directed by law.
Sec. 8. Quorum . A majority of each house shall constitute a quorum to transact business; but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as each house may provide.
Section 14: Adjournments . Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which they may be sitting.
Referred to in Iowa Code §2.1
Section 16: Executive approval — veto — item veto by governor . Every bill which shall have passed the general assembly, shall, before it becomes a law, be presented to the governor. If he approve, he shall sign it; but if not, he shall return it with his objections, to the house in which it originated, which shall enter the same upon their journal, and proceed to reconsider it; if, after such reconsideration, it again pass both houses, by yeas and nays, by a majority of two thirds of the members of each house, it shall become a law, notwithstanding the governor’s objections. If any bill shall not be returned within three days after it shall have been presented to him, Sunday excepted, the same shall be a law in like manner as if he had signed it, unless the general assembly, by adjournment, prevent such return. Any bill submitted to the governor for his approval during the last three days of a session of the general assembly, shall be deposited by him in the office of the secretary of state, within thirty days after the adjournment, with his approval, if approved by him, and with his objections, if he disapproves thereof.
The governor may approve appropriation bills in whole or in part, and may disapprove any item of an appropriation bill; and the part approved shall become a law. Any item of an appropriation bill disapproved by the governor shall be returned, with his objections, to the house in which it originated, or shall be deposited by him in the office of the secretary of state in the case of an appropriation bill submitted to the governor for his approval during the last three days of a session of the general assembly, and the procedure in each case shall be the same as provided for other bills. Any such item of an appropriation bill may be enacted into law notwithstanding the governor’s objections, in the same manner as provided for other bills. Paragraph 2 added by Amendment 27 (1968) Statutory provisions, see Iowa Code §3.4, 3.5 Referred to in Iowa Code §3.7
Section 18: Receipts and expenditures . An accurate statement of the receipts and expenditures of the public money shall be attached to and published with the laws, at every regular session of the general assembly.
Referred to in Iowa Code §2B.10
Section 19: Impeachment . The house of representatives shall have the sole power of impeachment, and all impeachments shall be tried by the senate. When sitting for that purpose, the senators shall be upon oath or affirmation; and no person shall be convicted without the concurrence of two thirds of the members present.
Referred to in this codified Iowa Constitution, Art. V, §19
Section 25: Compensation and expenses of general assembly . Each member of the general assembly shall receive such compensation and allowances for expenses as shall be fixed by law but no general assembly shall have the power to increase compensation and allowances effective prior to the convening of the next general assembly following the session in which any increase is adopted.
Repealed and rewritten by Amendment 28 (1968) Statutory provisions, see Iowa Code §2.10 – 2.14
Section 26: Time laws to take effect . An Act of the general assembly passed at a regular session of a general assembly shall take effect on July 1 following its passage unless a different effective date is stated in an Act of the general assembly. An Act passed at a special session of a general assembly shall take effect ninety days after adjournment of the special session unless a different effective date is stated in an Act of the general assembly. The general assembly may establish by law a procedure for giving notice of the contents of Acts of immediate importance which become law.
Repealed and rewritten by Amendment 40 (1986) Statutory provisions, see Iowa Code §3.7 et seq.
Section 30: Local or special laws — general and uniform — boundaries of counties . The general assembly shall not pass local or special laws in the following cases:
For the assessment and collection of taxes for state, county, or road purposes; For laying out, opening, and working roads or highways; For changing the names of persons; For the incorporation of cities and towns; For vacating roads, town plats, streets, alleys, or public squares; For locating or changing county seats. In all the cases above enumerated, and in all other cases where a general law can be made applicable, all laws shall be general, and of uniform operation throughout the state; and no law changing the boundary lines of any county shall have effect until upon being submitted to the people of the counties affected by the change, at a general election, it shall be approved by a majority of the votes in each county, cast for and against it. Laws uniform, see this codified Iowa Constitution, Art. I, §6
Section 34: Senate and house of representatives — limitation . The senate shall be composed of not more than fifty and the house of representatives of not more than one hundred members. Senators and representatives shall be elected from districts established by law. Each district so established shall be of compact and contiguous territory. The state shall be apportioned into senatorial and representative districts on the basis of population. The general assembly may provide by law for factors in addition to population, not in conflict with the Constitution of the United States, which may be considered in the apportioning of senatorial districts. No law so adopted shall permit the establishment of senatorial districts whereby a majority of the members of the senate shall represent less than forty percent of the population of the state as shown by the most recent United States decennial census.
See also this codified Iowa Constitution, Art. III, §6, 39
Section 35: Senators and representatives — number and districts . The general assembly shall in 1971 and in each year immediately following the United States decennial census determine the number of senators and representatives to be elected to the general assembly and establish senatorial and representative districts. The general assembly shall complete the apportionment prior to September 1 of the year so required. If the apportionment fails to become law prior to September 15 of such year, the supreme court shall cause the state to be apportioned into senatorial and representative districts to comply with the requirements of the Constitution prior to December 31 of such year. The reapportioning authority shall, where necessary in establishing senatorial districts, shorten the term of any senator prior to completion of the term. Any senator whose term is so terminated shall not be compensated for the uncompleted part of the term.
Referred to in Iowa Code §49.3
Section 38A: Municipal home rule . Municipal corporations are granted home rule power and authority, not inconsistent with the laws of the general assembly, to determine their local affairs and government, except that they shall not have power to levy any tax unless expressly authorized by the general assembly.
The rule or proposition of law that a municipal corporation possesses and can exercise only those powers granted in express words is not a part of the law of this state. Added by Amendment 25 (1968)
Section 39: Legislative districts . In establishing senatorial and representative districts, the state shall be divided into as many senatorial districts as there are members of the senate and into as many representative districts as there are members of the house of representatives. One senator shall be elected from each senatorial district and one representative shall be elected from each representative district.
Added by Amendment 29 (1970)
Section 39A: Counties home rule . Counties or joint county-municipal corporation governments are granted home rule power and authority, not inconsistent with the laws of the general assembly, to determine their local affairs and government, except that they shall not have power to levy any tax unless expressly authorized by the general assembly. The general assembly may provide for the creation and dissolution of joint county-municipal corporation governments. The general assembly may provide for the establishment of charters in county or joint county-municipal corporation governments.
If the power or authority of a county conflicts with the power and authority of a municipal corporation, the power and authority exercised by a municipal corporation shall prevail within its jurisdiction. The proposition or rule of law that a county or joint county-municipal corporation government possesses and can exercise only those powers granted in express words is not a part of the law of this state. Added by Amendment 37 (1978)
Section 40: Nullification of administrative rules . The general assembly may nullify an adopted administrative rule of a state agency by the passage of a resolution by a majority of all of the members of each house of the general assembly.
Added by Amendment 38 (1984) Referred to in Iowa Code §2B.5A, 3.6
Article IV: Executive Department
Section 2: Election and term . The governor and the lieutenant governor shall be elected by the qualified electors at the time and place of voting for members of the general assembly. Each of them shall hold office for four years from the time of installation in office and until a successor is elected and qualifies.
Repealed and rewritten by Amendment 41 (1988) 1988 repeal and rewrite was effective beginning with the 1990 general election
Section 3: Governor and lieutenant governor elected jointly — returns of elections . The electors shall designate their selections for governor and lieutenant governor as if these two offices were one and the same. The names of nominees for the governor and the lieutenant governor shall be grouped together in a set on the ballot according to which nominee for governor is seeking office with which nominee for lieutenant governor, as prescribed by law. An elector shall cast only one vote for both a nominee for governor and a nominee for lieutenant governor. The returns of every election for governor and lieutenant governor shall be sealed and transmitted to the seat of government of the state, and directed to the speaker of the house of representatives who shall open and publish them in the presence of both houses of the general assembly.
Statutory provisions, see Iowa Code §2.25 – 2.27, 50.31, and 50.35
Section 5: Contested elections . Contested elections for the offices of governor and lieutenant governor shall be determined by the general assembly as prescribed by law.
Statutory provisions, see Iowa Code chapter 58
Section 8: Duties of governor . He shall transact all executive business with the officers of government, civil and military, and may require information in writing from the officers of the executive department upon any subject relating to the duties of their respective offices.
Duty as to state accounts, see Iowa Code §70A.8
Section 11: Convening general assembly . He may, on extraordinary occasions, convene the general assembly by proclamation, and shall state to both houses, when assembled, the purpose for which they shall have been convened.
See also this codified Iowa Constitution, Art. III, §2
Section 15: Terms — compensation . The official terms of the governor and lieutenant governor shall commence on the Tuesday after the second Monday of January next after their election and shall continue until their successors are elected and qualify. The governor and lieutenant governor shall be paid compensation and expenses as provided by law. The lieutenant governor, while acting as governor, shall be paid the compensation and expenses prescribed for the governor.
Repealed and rewritten by Amendment 42 (1988) 1988 repeal and rewrite was effective beginning with the second Monday in January 1991
Section 17: Lieutenant governor to act as governor . In case of the death, impeachment, resignation, removal from office, or other disability of the governor, the powers and duties of the office for the residue of the term, or until he shall be acquitted, or the disability removed, shall devolve upon the lieutenant governor.
Referred to in Iowa Code §7.14
Section 20: Seal of state . There shall be a seal of this state, which shall be kept by the governor, and used by him officially, and shall be called the great seal of the state of Iowa.
For a description of the great seal of Iowa, see Iowa Code chapter 1A
Section 22: Secretary — auditor — treasurer . A secretary of state, an auditor of state and a treasurer of state shall be elected by the qualified electors at the same time that the governor is elected and for a four-year term commencing on the first day of January next after their election, and they shall perform such duties as may be provided by law.
Repealed and rewritten by Amendment 32 (1972)
Article V: Judicial Department
Section 1: Courts . The judicial power shall be vested in a supreme court, district courts, and such other courts, inferior to the supreme court, as the general assembly may, from time to time, establish.
Court of appeals, see Iowa Code §602.5101
Section 4: Jurisdiction of supreme court . The supreme court shall have appellate jurisdiction only in cases in chancery, and shall constitute a court for the correction of errors at law, under such restrictions as the general assembly may, by law, prescribe; and shall have power to issue all writs and process necessary to secure justice to parties, and shall exercise a supervisory and administrative control over all inferior judicial tribunals throughout the state.
Amended by Amendment 21 (1962) See Iowa Code §602.4102, 602.4201, 602.4202, 624.2
Section 6: Jurisdiction of district court . The district court shall be a court of law and equity, which shall be distinct and separate jurisdictions, and have jurisdiction in civil and criminal matters arising in their respective districts, in such manner as shall be prescribed by law.
Statutory provision, see Iowa Code §602.6101
Section 10: Judicial districts . The state shall be divided into eleven judicial districts; and after the year eighteen hundred and sixty, the general assembly may reorganize the judicial districts and increase or diminish the number of districts, or the number of judges of the said court, and may increase the number of judges of the supreme court; but such increase or diminution shall not be more than one district, or one judge of either court, at any one session; and no reorganization of the districts, or diminution of the number of judges, shall have the effect of removing a judge from office. Such reorganization of the districts, or any change in the boundaries thereof, or increase or diminution of the number of judges, shall take place every four years thereafter, if necessary, and at no other time.
At any regular session of the general assembly the state may be divided into the necessary judicial districts for district court purposes, or the said districts may be reorganized and the number of the districts and the judges of said courts increased or diminished; but no reorganization of the districts or diminution of the judges shall have the effect of removing a judge from office. Paragraph 2 added by Amendment 8 (1884); much of paragraph 1 appears to be superseded by paragraph 2
Section 14: System of court practice . It shall be the duty of the general assembly to provide for the carrying into effect of this article, and to provide for a general system of practice in all the courts of this state.
For provisions relative to the grand jury, see this codified Iowa Constitution, Art. I, §11 Statutory provisions relating to the organization and administration of the judicial branch, see Iowa Code chapter 602
Section 15: Vacancies in courts . Vacancies in the supreme court and district court shall be filled by appointment by the governor from lists of nominees submitted by the appropriate judicial nominating commission. Three nominees shall be submitted for each supreme court vacancy, and two nominees shall be submitted for each district court vacancy. If the governor fails for thirty days to make the appointment, it shall be made from such nominees by the chief justice of the supreme court.
Added by Amendment 21 (1962) Statutory provisions, see Iowa Code §46.14 and 46.15
Section 16: State and district nominating commissions . There shall be a state judicial nominating commission. Such commission shall make nominations to fill vacancies in the supreme court. Until July 4, 1973, and thereafter unless otherwise provided by law, the state judicial nominating commission shall be composed and selected as follows: There shall be not less than three nor more than eight appointive members, as provided by law, and an equal number of elective members on such commission, all of whom shall be electors of the state. The appointive members shall be appointed by the governor subject to confirmation by the senate. The elective members shall be elected by the resident members of the bar of the state. The judge of the supreme court who is senior in length of service on said court, other than the chief justice, shall also be a member of such commission and shall be its chairman.
There shall be a district judicial nominating commission in each judicial district of the state. Such commissions shall make nominations to fill vacancies in the district court within their respective districts. Until July 4, 1973, and thereafter unless otherwise provided by law, district judicial nominating commissions shall be composed and selected as follows: There shall be not less than three nor more than six appointive members, as provided by law, and an equal number of elective members on each such commission, all of whom shall be electors of the district. The appointive members shall be appointed by the governor. The elective members shall be elected by the resident members of the bar of the district. The district judge of such district who is senior in length of service shall also be a member of such commission and shall be its chairman. Due consideration shall be given to area representation in the appointment and election of judicial nominating commission members. Appointive and elective members of judicial nominating commissions shall serve for six-year terms, shall be ineligible for a second six-year term on the same commission, shall hold no office of profit of the United States or of the state during their terms, shall be chosen without reference to political affiliation, and shall have such other qualifications as may be prescribed by law. As near as may be, the terms of one-third of such members shall expire every two years.
Section 19: Retirement and discipline of judges . In addition to the legislative power of impeachment of judges as set forth in article three (III), sections nineteen (19) and twenty (20) of the Constitution, the supreme court shall have power to retire judges for disability and to discipline or remove them for good cause, upon application by a commission on judicial qualifications. The general assembly shall provide by law for the implementation of this section.
Added by Amendment 33 (1972)
Article VI: Militia
Section 1: Composition — training . The militia of this state shall be composed of all able-bodied male citizens, between the ages of eighteen and forty-five years, except such as are or may hereafter be exempt by the laws of the United States, or of this state, and shall be armed, equipped, and trained, as the general assembly may provide by law.
Amended by Amendment 5 (1868)
Article VII: State Debts
Section 5: Contracting debt — submission to the people . Except the debts herein before specified in this article, no debt shall be hereafter contracted by, or on behalf of this state, unless such debt shall be authorized by some law for some single work or object, to be distinctly specified therein; and such law shall impose and provide for the collection of a direct annual tax, sufficient to pay the interest on such debt, as it falls due, and also to pay and discharge the principal of such debt, within twenty years from the time of the contracting thereof; but no such law shall take effect until at a general election it shall have been submitted to the people, and have received a majority of all the votes cast for and against it at such election; and all money raised by authority of such law, shall be applied only to the specific object therein stated, or to the payment of the debt created thereby; and such law shall be published in at least one newspaper in each county, if one is published therein, throughout the state, for three months preceding the election at which it is submitted to the people.
Statutory provisions, see Iowa Code §49A.1 – 49A.8
Section 8: Motor vehicle fees and fuel taxes . All motor vehicle registration fees and all licenses and excise taxes on motor vehicle fuel, except cost of administration, shall be used exclusively for the construction, maintenance and supervision of the public highways exclusively within the state or for the payment of bonds issued or to be issued for the construction of such public highways and the payment of interest on such bonds.
Added by Amendment 18 (1942)
Section 9: Fish and wildlife protection funds . All revenue derived from state license fees for hunting, fishing, and trapping, and all state funds appropriated for, and federal or private funds received by the state for, the regulation or advancement of hunting, fishing, or trapping, or the protection, propagation, restoration, management, or harvest of fish or wildlife, shall be used exclusively for the performance and administration of activities related to those purposes.
Added by Amendment 44 (1996)
Section 10: Natural resources . A natural resources and outdoor recreation trust fund is created within the treasury for the purposes of protecting and enhancing water quality and natural areas in this state including parks, trails, and fish and wildlife habitat, and conserving agricultural soils in this state. Moneys in the fund shall be exclusively appropriated by law for these purposes.
The general assembly shall provide by law for the implementation of this section, including by providing for the administration of the fund and at least annual audits of the fund. Except as otherwise provided in this section, the fund shall be annually credited with an amount equal to the amount generated by a sales tax rate of three-eighths of one percent as may be imposed upon the retail sales price of tangible personal property and the furnishing of enumerated services sold in this state. No revenue shall be credited to the fund until the tax rate for the sales tax imposed upon the retail sales price of tangible personal property and the furnishing of enumerated services sold in this state in effect on the effective date of this section is increased. After such an increased tax rate becomes effective, an amount equal to the amount generated by the increase in the tax rate shall be annually credited to the fund, not to exceed an amount equal to the amount generated by a tax rate of three-eighths of one percent imposed upon the retail sales price of tangible personal property and the furnishing of enumerated services sold in this state. Added by Amendment 48 (2010) Referred to in Iowa Code §423.2A, 461.3
Article VIII: Corporations
Section 3: State not to be a stockholder . The state shall not become a stockholder in any corporation, nor shall it assume or pay the debt or liability of any corporation, unless incurred in time of war for the benefit of the state.
Referred to in Iowa Code §509A.12
Section 12: Amendment or repeal of laws — exclusive privileges . Subject to the provisions of this article, the general assembly shall have power to amend or repeal all laws for the organization or creation of corporations, or granting of special or exclusive privileges or immunities, by a vote of two thirds of each branch of the general assembly; and no exclusive privileges, except as in this article provided, shall ever be granted.
Analogous provision, see Iowa Code §491.39
Article IX: Education and School Lands
Section 11: State university . The state university shall be established at one place without branches at any other place, and the university fund shall be applied to that institution and no other .
See also Laws of the Board of Education, Act 10, December 25, 1858, which provides for the management of the state university by a board of trustees appointed by the board of education and statutory provisions in Iowa Code chapters 256 and 262
Section 12: Common schools . The board of education shall provide for the education of all the youths of the state, through a system of common schools and such school shall be organized and kept in each school district at least three months in each year. Any district failing, for two consecutive years, to organize and keep up a school as aforesaid may be deprived of their portion of the school fund .
Statutory provisions, see Iowa Code Title VII, subtitles 1 and 6
Section 15: Board may be abolished . The general assembly shall have power to abolish or reorganize said board of education, and provide for the educational interest of the state in any other manner that to them shall seem best and proper.
Statutory provisions, see Iowa Code Title VII 2nd. School Funds and School Lands.
Section 3: Perpetual support fund . The general assembly shall encourage, by all suitable means, the promotion of intellectual, scientific, moral, and agricultural improvement. The proceeds of all lands that have been, or hereafter may be, granted by the United States to this state, for the support of schools, which may have been, or shall hereafter be sold, or disposed of, and the five hundred thousand acres of land granted to the new states, under an Act of Congress, distributing the proceeds of the public lands among the several states of the union, approved in the year of our Lord one thousand eight hundred and forty-one, and all estates of deceased persons who may have died without leaving a will or heir, and also such per cent. as has been or may hereafter be granted by Congress, on the sale of lands in this state, shall be, and remain a perpetual fund, the interest of which, together with all rents of the unsold lands, and such other means as the general assembly may provide, shall be inviolably appropriated to the support of common schools throughout the state.
Referred to in Iowa Code §16.4A
Article X: Amendments to the Constitution
Section 1: How proposed — submission . Any amendment or amendments to this Constitution may be proposed in either house of the general assembly; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment shall be entered on their journals, with the yeas and nays taken thereon, and referred to the legislature to be chosen at the next general election, and shall be published, as provided by law, for three months previous to the time of making such choice; and if, in the general assembly so next chosen as aforesaid, such proposed amendment or amendments shall be agreed to, by a majority of all the members elected to each house, then it shall be the duty of the general assembly to submit such proposed amendment or amendments to the people, in such manner, and at such time as the general assembly shall provide; and if the people shall approve and ratify such amendment or amendments, by a majority of the electors qualified to vote for members of the general assembly, voting thereon, such amendment or amendments shall become a part of the Constitution of this state.
For statutory provisions, see Iowa Code §49.43 – 49.50 and 49A.1 – 49A.11
Section 3: Constitutional convention . At the general election to be held in the year one thousand nine hundred and seventy, and in each tenth year thereafter, and also at such times as the general assembly may, by law, provide, the question, “Shall there be a convention to revise the Constitution, and propose amendment or amendments to same?” shall be decided by the electors qualified to vote for members of the general assembly; and in case a majority of the electors so qualified, voting at such election, for and against such proposition, shall decide in favor of a convention for such purpose, the general assembly, at its next session, shall provide by law for the election of delegates to such convention, and for submitting the results of said convention to the people, in such manner and at such time as the general assembly shall provide; and if the people shall approve and ratify such amendment or amendments, by a majority of the electors qualified to vote for members of the general assembly, voting thereon, such amendment or amendments shall become a part of the Constitution of this state. If two or more amendments shall be submitted at the same time, they shall be submitted in such a manner that electors may vote for or against each such amendment separately.
Repealed and rewritten by Amendment 22 (1964) Statutory provision, see Iowa Code §39.4
Article XI: Miscellaneous
Section 1: Justice of peace — jurisdiction . The jurisdiction of justices of the peace shall extend to all civil cases, (except cases in chancery, and cases where the question of title to real estate may arise,) where the amount in controversy does not exceed one hundred dollars, and by the consent of parties may be extended to any amount not exceeding three hundred dollars.
Nonindictable misdemeanors, jurisdiction, see codified Iowa Constitution, Art. I, §11
Section 3: Indebtedness of political or municipal corporations . No county, or other political or municipal corporation shall be allowed to become indebted in any manner, or for any purpose, to an amount, in the aggregate, exceeding five per centum on the value of the taxable property within such county or corporation — to be ascertained by the last state and county tax lists, previous to the incurring of such indebtedness.
Statutory limitation, Iowa Code §346.24
Section 4: Boundaries of state . The boundaries of the state may be enlarged, with the consent of Congress and the general assembly.
See boundary compromise agreements at the end of the last volume of the Iowa Code
Section 5: Oath of office . Every person elected or appointed to any office, shall, before entering upon the duties thereof, take an oath or affirmation to support the Constitution of the United States, and of this state, and also an oath of office.
See Iowa Code §63.10
Section 8: Seat of government established — state university . The seat of government is hereby permanently established, as now fixed by law, at the city of Des Moines, in the county of Polk; and the state university, at Iowa City, in the county of Johnson.
In January of 1855, the fifth general assembly established a commission to relocate the seat of government to within two miles of the junction of the Des Moines and Raccoon rivers in Polk county, see 1855 Acts, ch 72
Article XII: Schedule
Section 7: First election of officers . [***]
Sec. 8. For judges of supreme court . [***]
Section 14: Proposition to strike out the word “white” . [***]
This proposition was submitted to the electorate, but failed to be adopted; see, however, Amendment 1 (1868)
Section 16: General election . [***]
Added by Amendment 11 (1904); apparently superseded by codified Iowa Constitution, Art. II, §7, which was added by Amendment 14 (1916)
Source: Imported from all_50_state_constitutions_FINAL.md
Last Updated: June 28, 2026
Overview
The Iowa Constitution of 1857 serves as the fundamental law of the state, establishing the framework for government and protecting the rights of its citizens.
History
Iowa was admitted to the Union on December 28, 1846.
The current constitution was adopted in 1857. State constitutions are often amended more frequently than the federal Constitution, reflecting changing needs and values of state residents.
Structure of Government
Legislative
State Legislature
Executive
Governor & Cabinet
Judicial
State Courts
Bill of Rights
Like the U.S. Constitution, the Iowa Constitution includes protections for individual rights and liberties. State constitutions often provide broader protections than the federal Constitution, serving as a "floor" rather than a "ceiling" for rights.