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ARKANSAS.TXT
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ARKANSAS DECLARATION OF RIGHTS
(Article II of the 1874 Constitution ofArkansas)
As amended to 1975
ARTICLE II
DECLARATION OF RIGHTS
Sec. 1. All political power is inherent in the people, and govern-
ment is instituted for their protection, security and bene-
fit; and they have the right to alter reform or abolish the
same in such manner as they may think proper.
Sec. 2. All men are created equally free and independent, and have
certain inherent and inalienable rights; amongst which are
those of enjoying and defending life and liberty; of acquir-
ing, possessing and protecting property and reputation; and
of pursuing their own happiness. To secure these rights,
governments are instituted among men deriving their just
powers from the consent of the governed.
Sec. 3. The equality of all persons before the law is recognized and
shall ever remain inviolate; nor shall any citizen ever be
deprived of any right, privilege or immunity; nor exempted
from any burden or duty on account of race color or previous
condition.
Sec. 4. The right of the people peaceably to assemble, to consult
for the Common good; and to petition, by address or remon-
strance, the government, or any department thereof, shall
never be abridged.
Sec. 5. The citizens of this state shall have the right to keep and
bear arms for their common defense.
Sec. 6. The liberty of the press shall forever remain inviolate.
The free communication of thoughts and opinions is one of
the invaluable rights of man; and all persons may freely
write and publish their sentiments on all subjects, being
responsible for the abuse of such right. In all criminal
prosecution for libel, the truth may be given in evidence to
the jury; and, if it shall appear to the jury that the
matter charged as libelous is true, and was published with
good motives and for justifiable ends, the party charged
shall be acquitted.
Sec. 7. The right of trial by jury shall remain inviolate, and shall
extend to all cases at law, without regard to the amount in
controversy; but a jury trial may be waived by the parties
in allcases, in the manner prescribed by law.
Sec. 8. No person shall be held to answer a criminal charge unless
on the presentment or indictment of a grand jury, except in
cases of impeachment or cases such as the General Assembly
shall make cognizable by justices of the peace, and courts
of similar jurisdiction; or Cases arising in the army and
navy of the United States; or in the militia when in actual
service in time of war or public danger; and no person, for
the same offense, shall be twice put in jeopardy of life or
liberty; but if, in any criminal prosecution, the jury be
divided in opinion, the court before which the trial shall
be had, may, in its discretion, discharge the jury, and
commit or bail the accused for trial, at the same or the
next term of said Court; nor shall any person be compelled
in any criminal case to be a witness against himself, nor be
deprived of life, liberty or property, without due process
of law. All persons shall, before conviction, be bailable
by sufficient sureties, except for capital offenses, when
the proof is evident or the presumption great.
Sec. 9. Excessive bail shall not be required; nor shall excessive
fines be imposed; nor shall cruel or unusual punishment be
inflicted; nor witnesses be unreasonably detained.
Sec. 10. In all criminal prosecutions, the accused shall enjoy the
right to a speedy and public trial, by an impartial jury of
the county in which the crime shall have been committed;
provided that the venue may be changed to any other county
of the judicial district in which the indictment is found,
upon the application of the accused, in such manner as now
is, or may be prescribed by law; and to be informed of the
nature and cause of the accusation against him, and to have
a copy thereof; and to be confronted with the witnesses
against him; to have compulsory process for obtaining
witnesses in his favor; and to be heard by himself and his
counsel.
Sec. 11. The privilege of the writ of habeas corpus shall not be sus-
pended; except by the General Assembly, in case of rebel-
lion, insurrection, or invasion, when the public safety may
require it.
Sec. 12. No power of suspending or setting aside the law or laws of
the State, shall ever be exercised except by the General
Assembly.
Sec. 13. Every person is entitled to a certain remedy in the laws for
all injuries or wrongs he may receive in his person, proper-
ty or character; he ought to obtain justice freely, and
without purchase; completely and without denial; promptly
and without delay; conformably to the laws.
Sec. 14. Treason against the State shall only consist in levying and
making war against the same, or in adhering to its enemies,
giving them aid and comfort. No person shall be convicted
of treason unless on the testimony of two witnesses to the
same overt act, or on confession in open court.
Sec. 15. The right of the people of this State to be secure in their
persons, houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated; and no warrant
shall issue, except upon probable cause, supported by oath
or affirmation, and particularly describing the place to be
searched, and the person or thing to be seized.
Sec. 16. No person shall be imprisoned for debt in any civil action,
or mesne or final process, unless in cases of fraud.
Sec. 17. No bill of attainder, ex post facto law, or law impairing
the obligation of contracts shall ever be passed; and no
conviction shall work corruption of blood or forfeiture of
estate.
Sec. 18. 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.
Sec. 19. Perpetuities and monopolies are contrary to the genius of a
republic, and shall not be allowed; nor shall any hereditary
emoluments, privileges or honors ever be granted or confer-
red in this State.
Sec. 20. No distinction shall ever be made by law, between resident
aliens and citizens, in regard to the possession, enjoyment
or descent of property.
Sec. 21. No person shall be taken or imprisoned, or disseized of his
estate, freehold, liberties or privileges; or outlawed, or
in any manner destroyed, or deprived of his life, liberty,
or property; except, by the judgment of his peers or the law
of the land; nor shall any person, under any circumstances,
be exiled from the State.
Sec. 22. The right of property is before and higher than any consti-
tutional sanction; and private property shall not be taken,
appropriated or damaged for public use, without just compen-
sation therefor.
Sec. 23. The State's ancient right of eminent domain and of taxation,
is herein fully and expressly conceded, and the General
Assembly may delegate the taxing power, with the necessary
restriction, to the State's subordinate political and
municipal corporations, to the extent of providing for their
existence, maintenance and well being, but no further.
Sec. 24. All men have a natural and indefeasible right to worship
Almighty God according to the dictates of their own con-
sciences; no man can, of right, be compelled to attend,
erect, or support any place of worship; or to maintain any
ministry against his consent. No human authority can, in
any case or manner whatsoever, control or interfere with the
right of conscience; and no preference shall ever be given,
by law, to any religious establishment, denomination or mode
of worship, above any other.
Sec. 25. Religion, morality and knowledge being essential to good
government, the General Assembly shall enact suitable laws
to protect every religious denomination in the peaceable
enjoyment of its own mode of public worship.
Sec. 26. No religious test shall ever be required of any person as a
qualification to vote or hold office; nor shall any person
be rendered incompetent to be a witness on account of his
religious belief; but nothing herein shall be construed to
dispense with oaths or affirmations.
Sec. 27. There shall be no slavery in this State, nor involuntary
servitude, except as a punishment for crime. No standing
army shall be kept in time of peace; the military shall, at
all times be in strict subordination to the civil power; and
no soldier shall be quartered in any house, or on any
premises, without the consent of the owner, in time of
peace; nor in time of war, except in a manner prescribed by
law.
Sec. 28. All lands in this State are declared to be allodial; and
feudal tenures of every description, with all their inci-
dents, are prohibited.
Sec. 29. This enumeration of rights shall not be construed to deny or
disparage others retained by the people; and to guard
against any encroachments on the rights herein retained, or
any transgression of any of the higher powers herein
delegated, we declare that everything in this article is
excepted out of the general powers of the government; and
shall forever remain inviolate; and that all laws contrary
thereto, or to the other provisions herein contained shall
be void.