Law Dictionary of Legal Terminology

IOWA

IOWA. The name of one of the new states of the United States of America.

2. This state was admitted into the Union by the act of congress, approved the 3d day of March, 1845.

3. The powers of the government are divided into three separate departments, the legislative, the executive, and judicial and no person charged with the exercise of power properly belonging to one of these departments, shall exercise any function appertaining to either of the others, except in cases provided for in the constitution.

4. - I. The legislative authority of this state is vested in a senate and house of representatives , which are designated the general assembly of the state of Iowa.

5. - 1. Of the senate. This will be considered with reference, 1. To the qualifications of the electors. 2. The qualifications of the members. 3. The length of time for which they are elected. 4. The time of their election. 5. The number of senators.

6. - 1. Every white. male citizen of the United States, of the age of twenty-one years, who shall have been a resident of the state six months next preceding the election, and the county, in which he claims his vote twenty days, shall be entitled to vote at all elections which are how or hereafter may be authorized by law. But with this exception, that no person in the military, naval, or marine service of the United States, shall be considered a resident of this state, by being stationed in any garrison, barrack, military or naval place or station within this state. And no idiot or insane person, or person convicted of any infamous crime, shall be entitled to the privilege of an elector. Art. 3.

7. - 2. Senators must be twenty-five years of age, be free white male citizens of the United States, and have been inhabitants of the state or territory one, year next preceding their election; and, at the time of their elections have an actual residence of thirty days in the county or district they may be chosen to represent. Art. 4, s. 5.

8. - 3. The senators are elected for four years. They are so classed that one-half are renewed every two years. Art. 4, s. 5.

9.-4. They are chosen every second year, on the first Monday in August. Art. 4, B. 3.

10. - 5. The number of senators; is not less than one-third, nor more than one-half the representative body. Art. 4, s. 6.

11.- 2. Of the house of representatives. This will be considered in the same order which has been observed with regard to the senate.

12. - 1. The electors qualified to vote for senators are electors of members of the house of representatives.

13. - 2. No person shall be a member of the house of representatives who shall not have attained the age of twenty-one years; be a free male white citizen of the United States, and have been an inhabitant of the state or territory one year next preceding his election; and at the time of his election have an actual residence of thirty days in the county or district he may be chosen to represent. Art. 4, s. 4.

14. - 3. Members of the house of representatives are chosen, for two years. Art. 4, s. 3.

15.-4. They are elected at the same time that senators are elected.

16.-5. The number of representatives is not limited.

17. The two houses have respectively the following power's. Each house has power - To choose its own officers, and judge of the qualification of its members. To sit upon its adjournments; keep a journal of its proceedings and publish the same; punish members for disorderly behaviour, and, with the consent of two-thirds, expel a member but not a second time for the same offence; and shall have all other power necessary for a branch of the general assembly of a free and independent state.

18. The house of representatives has the power of impeachment, and the senate is a court for the trial of persons impeached.

>19. - II. The supreme executive power is vested in a chief magistrate, who is called the governor of the state of Iowa. Art. 5, s. 1.

20. The governor shall be elected by the qualified electors, at the time and place of voting for members of the general assembly, and hold his office for four years from the time of his installation, and until his successor shall be duly qualified. Art. 5, s. 2.

21. No person shall be eligible to the office of governor, who is not a citizen of the United States, a resident of the state two years next preceding his election, and attained the age of thirty-five years at the time of holding said election. Art. 5, s. 3.

22. Various powers are conferred on the governor among others, he shall be commander-in-chief of the militia, army, and navy of the state; transact executive business with the officers of the government; see that the laws are faithfully executed; fill vacancies by granting temporary commissions on extraordinary occasions convene the general assembly by proclamation; communicate by message with the general assembly at every session adjourn the two houses when they cannot agree upon the time of an adjournment; may grant reprieves and pardons, and commute punishments after conviction, except in cases of impeachment shall be keeper of the great seal; and sign all commissions. He is also invested with the veto power.

23. When there is a vacancy in the office of governor, or in case of his impeachment, the duties of his office shall devolve on the secretary of state; on his default, on the president of the senate and if the president cannot act, on the speaker of the house of representatives.

24. - III. The judicial power shall be vested in a supreme court, district courts, and such inferior courts as the general assembly may, from time to time, establish. Art. 6, s. 1.

25. - 1. The supreme court shall consist of a chief justice and two associates, two of whom shall be a quorum to hold court. Art. 6, s. 2.

26. The judges of the supreme court shall be elected by joint ballot of both branches of the general assembly, and shall hold their courts at such time and place as the general assembly may direct, and hold their office for six years, and until their successors are elected and qualified, and shall be ineligible to any other office during the term for which they may be elected Art. 6, s. 3.

27. The supreme court shall have appellate jurisdiction only in all eases in chancery, and shall constitute a court for the correction of errors at law, under such restrictions as tho general assembly may by law prescribe. It shall have power to issue all writs and process necessary to do justice to parties, and exercise a supervisory control over all inferior judicial tribunals, and the judges of the supreme court shall be conservators of the peace throughout the state. Art. 6, s. 3.

28. - 2. The district court shall consist of a judge who shall be elected by the qualified electors of the district in which he resides, at the township election, and hold his office for the term of five years, and until his successor is duly elected and qualified, and shall be ineligible to any other office during the term for which he may be elected.

29. The district court shall be a court of law and equity, and have jurisdiction in all civil and criminal matters arising in their respective districts, in such manner as shall be prescribed by law. The judges of the district courts shall be conservators of the peace in their respective districts. The first general assembly shall divide the state into four districts, which may be increased as the exigencies require. Art. 6, s. 4.