All Iowa lawyers, judges,
elected, and appointed officials take an oath of office to uphold
the Iowa Constitution.
When it comes to the
overpopulation of deer eating, damaging and
destroying our private property I use section #1and
Section #1 is self explanatory
"protecting Property". Section #23 has to do
with involuntary servitude, as private property
no obligation to feed or provide a place for deer to live,
or to spend your time or money to build a fence or
do anything, to keep deer
off our property.
The Iowa Supreme Court has ruled
that deer and other wildlife is the property of the
state of Iowa, and you have a right to kill deer and
other animals to protect your
property. If you want a copy of this ruling,
E-mail the law library at the state capital in Des
firstname.lastname@example.org and ask for
the Iowa supreme Court ruling case # 30221
concerning deer and private property and they will
E-mail it to you.
BILL OF RIGHTS.
Rights of persons.
SECTION 1. 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
pursuing and obtaining safety and happiness.
Amended 1998, Amendment
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
SEC. 3. The general assembly shall make no law
respecting an establishment 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.
Religious test - witnesses.
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 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 §729.1
of the Code
Repealed 1992, Amendment
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.
Liberty of speech and press.
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 libellous was true, and
was published with good motives and for justifiable
ends, the party shall be acquitted.
Personal security - searches and seizures.
SEC. 8. 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.
Right of trial by jury - due process of law.
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
Rights of persons accused.
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 the 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.
When indictment necessary - grand jury.
SEC. 11. 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
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 2 added 1884, Amendment
Paragraph 1 amended 1998, Amendment
As to indictment and the number of grand jurors, see
Magistrate jurisdiction, see §602.6405
of the Code
Twice tried - bail.
SEC. 12. No person shall after acquittal, be
tried for the same offence. All persons shall,
before conviction, be bailable, by sufficient
sureties, except for capital offences 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 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
confession in open court.
Bail - punishments.
SEC. 17. Excessive bail shall not be required;
excessive fines shall not be imposed, and cruel and
unusual punishment shall not be inflicted.
Eminent domain - drainage ditches and levees.
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 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 1908, Amendment
Imprisonment for debt.
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.
Right of assemblage - petition.
SEC. 20. 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.
Attainder - ex post facto law - obligation of
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.
Slavery - penal servitude.
SEC. 23. There shall be no
slavery in this state; nor shall there be
involuntary servitude, unless for the punishment of
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
Referred to in §461A.25
of the Code
SEC. 25. This enumeration of rights shall not
be construed to impair or deny others, retained by
"The preservation of the sacred fire of
liberty, and the destiny of the republican model of
government, are justly considered deeply, perhaps as
finally, staked on the experiment entrusted to the
hands of the American people."