2. Statutes Enacted-The legislature has, therefore, enacted many laws to make effectual the various provisions of the Constitution. In the succeeding chapters of this volume will be set forth in brief form, under appropriate heads, not only the constitutional outline above mentioned, but legislative enactments as well, so far as the same may be necessary to an intelligent understanding of our State and local government.

3. Explanatory-The name applied by the Constitution to the legislative or law-making branch of the State government is "The General Assembly of Iowa," but in this volume we shall use the words "general assembly" and "legislature" interchangeably, as expressing the same idea. By the word "statute" is meant a law enacted by the legislature, and liable to amendment or repeal by the same power. It is understood, of course, that a constitutional provision cannot be amended or modified by act of the legislature.

CHAPTER VI

PERSONAL RIGHTS

I. Article I of the Constitution-The first article of the Constitution, commonly known as the Bill of Rights, is a declaration of certain important rights and immunities pertaining to the people individually and collectively. These rights are thus specially mentioned in the fundamental law of the State, to secure them against unfriendly and oppressive legislation, and to protect the people against usurpation and tyranny by any branch of the government.

2. Natural Rights-Section 1 of this article (3) re-affirms the rights so forcibly asserted in the Declaration of Independence, the natural freedom and equality of all men; the enjoyment and defense of liberty; the acquirement, possession, and protection of property; and the unrestricted pursuit of safety and happiness.

3. Summary of all Civil Rights-It may well be said that this section of the Constitution summarizes all the most sacred rights of the citizen, and that the declaration contained in the remainder of Article I are simply more specific or particular statements of the principles therein embodied. The right to life, liberty, property, and the pursuit of happiness is so plain to the just mind that no argument can make it clearer; yet history shows us that in all ages of the world

men have been compelled to struggle for its recognition, and to endure untold hardships in its defense.

4. Nature of Government-The next section (4) defines the true nature and source of all government, declaring that all political power is inherent in the people, that government is instituted for their protection, security, and benefit, and that they have the right to alter or reform it whenever, in their judgment, the public good requires such action.

5. Political Power-The term "political power," as used in the preceding paragraph, means all governmental power,-legislative, executive, and judicial. This power cannot be rightfully taken from the people, nor can they, by a voluntary surrender of it, deprive themselves of the right to alter or reform the government whenever they believe just cause exists for such change. They may by voluntary consent delegate the administration of these powers to a government, monarchical or republican as the case may be; but whenever the delegated power is abused, or the general good requires a change in such government, the people may resume it, or may inaugurate and enforce any change which they think for their own best interests.

6. Monarchy and Republic Contrasted-The recognition of this principle constitutes the essential distinction between a popular and a monarchical form of government. In the latter, the king is the source of all power; he is the sovereign; every

officer, civil, military, and naval, from the highest to the lowest, looks to that sovereign as the ultimate and final authority which commands his allegiance and obedience. In a republic, every branch of the government, and every officer, is a servant of the people. In nation and State alike, we test all laws and all governmental powers by the constitution; but the constitution is itself the creature of the people's will.

7. Rule of the Majority-When we say that the powers of the government depend upon the consent of the governed, it must be remembered that the consent of the people, as a State or nation, is meant. That consent must be determined by the voice of the majority. Absolute unanimity can never be expected.

8. Religious Liberty-Religious liberty is guaranteed to every citizen of the State (5 and 6). The legislature cannot rightfully enact any law for the establishment of religion. No taxes can be levied or collected for church or religious purposes. Neither can a person's religious views be made a test of his right to hold office, or his right to exercise or enjoy any of the rights of citizenship.

9. Propriety of these Guarantees-It may seem strange to the young student of the present day that it should be thought necessary to incorporate these guarantees in the Constitution; but it is not long since that in England and in some parts of our own country a man holding certain religious views was prohibited from holding office, was

not permitted to testify as a witness in court, and in many other respects was treated as an outlaw.

10. Penalty for Dueling-In the earlier years of the present century the practice of dueling was quite general. Some of the most prominent men in American history, including Alexander Hamilton, Aaron Burr, Andrew Jackson, Henry Clay, and Thomas H. Benton, yielded to the custom of their times, and participated in these murderous combats. With the advance of Christian civilization, public sentiment has come to discountenance the barbarous practice, and it is now rarely resorted to. To prevent such crimes in this State, the Bill of Rights (7) provides that any citizen engaging in a duel, either as principal or accessory, forfeits his right to hold office.

II. Penalty not Exclusive-Disqualification for office is not the only penalty to which the duelist subjects himself. The killing of a person in such contest is murder in the first degree, and punishable accordingly.

12. Laws to be Uniform. (8)-All laws of a general nature must have uniform operation, and the legislature must not grant to any citizen or class of citizens privileges or immunities which are not open to the enjoyment of all other citizens on the same terms. This is intended to prevent unfair discrimination by the State between individuals or classes, to prevent the establishment of monopolies, and to preserve, as far as possible, · equality of right and equality of opportunity to all the people.