Introduction

In Iowa government, as at the national level of government, power is distributed among three branches: the legislative, the executive, and the judicial. The legislative branch makes laws that establish policies and programs. the executive branch carries out the policies and programs contained in the laws, and the judicial branch settles any conflicts arising from the interpretation or application of the laws. While each branch of government has its own separate responsibilities, one branch cannot function without the other two branches, and none of the branches can function without the consent of the people.

The Legislative Branch

The Iowa Constitution gives the state's lawmaking authority to a General Assembly consisting of a Senate and a House of Representatives.

The members of the Senate and House of Representatives are elected by the people of Iowa. The Iowa General Assembly is often referred to as "the Iowa Legislature" or simply "the Legislature."

Legislative Districts

The Iowa Senate has 50 members. Each Senator represents a separate geographic area of the state. This area is called a district. There are 50 Senate districts in Iowa. Each Senate district contains roughly 56,000 people.

The Iowa House of Representatives has 100 members. As with the Senate, each Representative serves a separate district.

There are 100 House districts in Iowa, two within each Senate district. Each House district contains roughly 28,000 people.

This means that every Iowan is represented by one Senator and one Representative in the General Assembly. More importantly, because the districts are all of approximately equal population, it means that all Iowans are represented equally in the General Assembly.

Every 10 years, Senate and House district boundaries are redrawn to reflect changes in the state's population as determined by the Census. This process is called redistricting.

Redistricting last took place in 1991, following the results of the 1990 Census. The boundaries and numbers of Iowa's legislative districts changed effective June 2, 1992.

Terms, Election, Qualifications

A Senator or Representative is elected by the voters in the district. Senators are elected to four-year terms. The terms are staggered so that half of the 50 Senators stand for reelection every two years. To be a Senator, a person must be at least 25 years old by the time he or she takes office.

Representatives are elected to two-year terms. Since the terms are not staggered, all 100 Representatives stand for reelection every two years. To be a Representative, a person must be at least 21 years old by the time he or she takes office.

Additionally, to be either a Senator or a Representative, a person must be a U.S. citizen, a resident of Iowa for at least one year, and a resident of his or her district for at least 60 days prior to election.

Legislative Sessions

Each General Assembly exists for two years. Iowa's General Assemblies are numbered in chronological order to distinguish one's membership and laws tom all others. The 75th General Assembly meets in 1993 and 1994.

The Iowa Constitution requires the General Assembly to convene yearly on the second Monday in January. Typically, each year's legislative session lasts until late April or early May.

During its two years of existence, the General Assembly considers hundreds of proposed new laws and changes to existing laws. These proposals, called bills, may originate in either the Senate or House.

Leadership

So that the General Assembly operates in an organized, efficient way, the Senate and House both adopt a set of rules and select certain members to be leaders. The leaders enforce the rules and make decisions on day-to-day business.

The primary leaders in the General Assembly are the presiding officers, the floor leaders, and the committee chairpersons.

Presiding Officers
In the House, the presiding officer is the Speaker of the House. The Speaker has the power to appoint members to committees, name committee chairpersons, refer bills to committee, recognize members during debate, and make procedural rulings. With these powers, the Speaker influences greatly what happens in the House.

Traditionally, the Speaker is chosen by members of the majority party in the House before the legislative session begins, and then elected formally by the entire House membership at the start of the session. The Speaker serves a two-year term.

If the Speaker is absent for some reason, another member of the House, called the Speaker Pro Tempore, fills the role of presiding officer. The Speaker Pro Tempore is chosen by the Majority party members and formally elected by all members.

In the Senate, the presiding officer is the President of the Senate. The President of the Senate's powers are comparable to those of the Speaker of the House, but there are differences. For example, the President of the Senate does not have the power to appoint committee chairpersons or committee members.

If the President of the Senate is absent for some reason, another member of the Senate, called the President Pro Tempore, fills the role of presiding officer. The President Pro Tempore is chosen by the majority party members and formally elected by all members.

Party (Caucus) Leaders
Traditionally, members of the Legislature belong to either of the two major political parties - the Democratic Party and the Republican Party. The party with the greater number of members in a chamber is the majority party. The party with the lesser number of members in a chamber is the minority party.

All the members of the majority party in a chamber are known collectively as the majority caucus. All the members of the minority party in a chamber are known collectively as the minority caucus. Each chamber has a majority caucus and a minority caucus.

The majority and minority caucuses in each chamber select caucus leaders. The four caucus leaders -- the Senate Majority Leader, House Majority Leader, Senate Minority Leader, and House Minority Leader -- possess a great deal of power, because the members of a caucus will generally support the position of the caucus leader when a question comes up for a vote.

The caucus leader plays a major role in determining the priorities of the caucus. He or she serves as spokesperson for the caucus and presides at meetings of the caucus. The Senate Majority Leader is a particularly powerful caucus leader, as he or she appoints committee chairpersons and committee members in the Senate. In addition, the Senate Majority Leader, like the House Majority Leader, has the power to decide which bills will be called up for debate.

In both the Senate and House, there are normally four Assistant Majority Leaders and four Assistant Minority Leaders. These assistants are members who advise the caucus leaders on legislative strategy and work to keep caucus members informed on important developments.

Committee Chairpersons
In each chamber, a bill must be reviewed and approved by a committee before it is considered by the chamber as a whole.

This makes the position of committee chairperson an important one.

The chairperson of a committee is the person who presides over the committee's meetings and decides which bills will be discussed and voted on. More importantly, the committee chairperson appoints the subcommittees to which individual bills are referred for study. A subcommittee studies an individual bill and reports back on it to the entire committee.

If the committee chairperson wants to "kill" a bill, he or she will assign the bill to a subcommittee whose members will report unfavorably on the bill or not report the bill to committee at all. Many bills "die" this way.

Passage of Bills

A bill that survives the committee process in its chamber of origin is eligible to be voted on by the entire chamber. If the bill is approved by a majority of the members in that chamber, it is sent to the other chamber, where it follows the same path.

If a bill is approved in the same form by a majority of the members in both the Senate and House, it is sent to the Governor. If the Governor signs the bill, it becomes law.

The Executive Branch

While the legislative branch makes the laws in Iowa, the executive branch carries out the laws. The executive branch is headed by the Governor.

The Governor's Duties

As chief administrator of Iowa's government, the Governor is responsible for the effective and efficient workings the various state departments and agencies.

The Governor appoints department and agency heads and other state officials not elected by the people. The Governor appointments are generally subject to approval by the Senate.

Term, Qualifications

The Governor is elected to a four-year term. To be Governor, a person must be at least 30 years old by the time of election, and must have been a U.S. citizen and a resident of Iowa for at least two years before the election.

Legislative Powers

The Governor takes final action on all bills passed by the Iowa General Assembly. The Governor may approve bills by signing them or disapprove bills by vetoing them. When a bill is vetoed, the General Assembly may override the veto if two-thirds of both the Senate and House vote to re-pass the bill.

Each year, the Governor reports to the General Assembly on the financial condition of the state and makes recommendations on how the state's money should be spent. The Governor has the power to call a special session of the General Assembly.

Other Executive Branch Leaders

In addition to the Governor, other elected leaders of the executive branch are the Lieutenant Governor, the Secretary of State, the Auditor of State, the Treasurer of State, the Attorney General, and the Secretary of Agriculture. All are elected to four-year terms.

Lieutenant Governor
The Lieutenant Governor stands ready to succeed the Governor in case of death, impeachment, resignation, removal from office, or other disability. The Governor and Lieutenant Governor are elected as a team. The Lieutenant Governor's duties are assigned by the Governor.

Secretary of State
The Secretary of State serves as the state commissioner of elections, maintains corporations' records, registers trademarks, commissions notaries public, and preserves original documents.

Auditor of State
The Auditor of State is required by law to annually examine the books, accounts, and records of every state department and to conduct or arrange audits of every local governmental body receiving state funds, including counties, cities, and school districts.

Treasurer of State
The Treasurer of State is the keeper of the state's treasury -- the depository for funds that have been collected. The Treasurer receives all deposits, accounts for state funds on a cash basis, and balances funds regularly with the Department of Revenue and Finance.

Attorney General
As head of the Department of Justice and chief legal officer of the state, the Attorney General represents the state and its agencies in court cases, gives legal advice to state agencies, and issues written opinions on questions of law submitted by state officials.

Secretary of Agriculture
The Secretary of Agriculture heads the Department of Agriculture and Land Stewardship, which the Iowa Legislature established in 1923 to encourage, promote, and advance the interests of agriculture and related businesses.

Executive Branch Organization

The agencies which make up the executive branch of state government are organized into a number of departments, each with a department head.

Department heads are appointed by the Governor, subject to confirmation by the Iowa Senate. Exceptions are the Attorney General, who heads the Department of Justice, and the Secretary of Agriculture, who heads the Department of Agriculture and Land Stewardship. These two department heads are elected by the voters of Iowa.

The department head coordinates, directs, and executes the department's functions, compiles a comprehensive budget, and submits an annual report to the Governor and the Legislature on the operation of the department. These are the main executive branch departments:

• Dept. Of Management
• Dept. Of Personnel
• Dept. Of General Services
• Dept. Of Revenue and Finance
• Dept. Of Inspections and Appeals
• Dept. Of Agriculture and Land Stewardship
• Dept. Of Commerce
• Dept. Of Economic Development
• Dept. Of Employment Services
• Dept. Of Human Services
• Dept. Of Public Health
• Dept. Of Elder Affairs
• Dept. Of Cultural Affairs
• Dept. Of Education
• Dept. Of Corrections
• Dept. Of Public Safety
• Dept. Of Public Defense
• Dept. Of Natural Resources
• Dept. Of Transportation
• Dept. Of Human Rights
• Board Of Regents
• Dept. For the Blind

The Judicial Branch

While the legislative branch of government makes the laws and the executive branch carries out the laws, it is the judicial branch that interprets the laws and settles conflicts involving the laws. In Iowa, the laws are interpreted by a court system consisting of two levels: trial courts and appellate courts.

Trial Courts

Criminal and civil cases originate in trial courts.

A criminal case results when the Government (city, county, or state) charges a person with a crime. A civil case arises when one party sues another for damages or to stop or begin some action.

For judicial purposes, Iowa is divided into eight districts, with trials held in each judicial district. Depending on the seriousness of the crime or the dollar amount involved, cases may be heard by a District Judge, a District Associate Judge, or a Judicial Magistrate.

District Judges
District Judges hear a variety of cases, including felony crimes and civil suits involving huge amounts of money. District Judges serve six-year terms and face retention elections the year following their appointment and at the end of each Term. District Judges are appointed by the Governor from a list of two nominees submitted by the District Judicial Nominating Commission.

District Associate Judges
District Associate Judges hear serious and aggravated misdemeanor cases, civil suits for amounts up to $5,000, and some juvenile cases. They serve four-year terms, standing for reelection the year following their appointment and at the end of their term. District Associate Judges are appointed by District Judges from a list of three nominees submitted by a Magistrate Appointing Commission.

Magistrates
Magistrates normally hear cases within their county of residence. They handle simple misdemeanors and civil suits for judgments of $2,000 or less.

Magistrates serve four-year terms and are appointed by a Magistrate Appointing Commission.

Appellate Courts

Appellate courts review cases appealed from the trial courts and they also rule on the constitutionality of laws passed by the Legislature and actions taken by the executive branch. There are two appellate courts in Iowa: the Supreme Court and the Court of Appeals.

The Supreme Court
The Iowa Supreme Court, consisting of nine justices, is the highest court in the state. The Supreme Court has the power to review criminal and civil cases decided at the trial court level. The court may also review decisions of the Iowa Court of Appeals.

The Justices of the Iowa Supreme Court are appointed by the Governor from a list of three nominees submitted by the State Judicial Nominating Commission.

Supreme Court Justices serve eight-year terms. However, one year after appointment, and every eight years after that, a Justice must stand for retention in a general election.

The Court of Appeals
The Iowa Court of Appeals was created in 1976 to relieve some of the Supreme Court's workload. The Court of Appeals is authorized to review all civil and criminal cases transferred to it by the Supreme Court. Decisions of the Court of Appeals may be reviewed by the Supreme Court.

There are six Judges on the Court of Appeals. The Judges are appointed and retained in the same way as Justices of the Supreme Court. However, Judges on the Court of Appeals serve six-year terms.