home *** CD-ROM | disk | FTP | other *** search
-
-
-
- CONSTITUTION OF THE STATE OF IDAHO
- (As amended to 1975)
-
- PREAMBLE
-
- We, the people of the State of Idaho, grateful to Almighty
- God for our freedom, to secure its blessings and promote our
- common welfare do establish this Constitution.
-
- ARTICLE I
-
- DECLARATION OF RIGHTS
-
- Sec. 1. All men are by nature free and equal, and have certain
- inalienable rights, among which are enjoying and defending
- life and liberty; acquiring, possessing and protecting
- property; pursuing happiness and securing safety.
-
- Sec. 2. All political power is inherent in the people. Government
- is instituted for their equal protection and benefit, and
- they have the right to alter, reform or abolish the same
- whenever they may deem it necessary; and no special privi-
- leges or immunities shall ever be granted that may not be
- altered, revoked, or repealed by the legislature.
-
- Sec. 3. The state of Idaho is an inseparable part of the American
- Union, and the Constitution of the United States is the
- supreme law of the land.
-
- Sec. 4. The exercise and enjoyment of religious faith and worship
- shall forever be guaranteed; and no person shall be denied
- any civil or political right, privilege, or capacity on
- account of his religious opinions; but the liberty of con-
- science hereby secured shall not be construed to dispense
- with oaths or affirmations, or excuse acts of licentiousness
- or justify polygamous or other pernicious practices, incon-
- sistent with morality or the peace or safety of the state;
- nor to permit any person, organization, or association to
- directly or indirectly aid or abet, counsel or advise any
- person to commit the crime of bigamy or polygamy, or any
- other crime. No person shall be required to attend or sup-
- port any ministry or place of worship, religious sect or
- denomination, or pay tithes against his consent; nor shall
- any preference be given by law to any religious denomination
- or mode of worship. Bigamy and polygamy are forever prohib-
- ited in the state, and the legislature shall provide by law
- for the punishment of such crimes.
-
- Sec. 5. The privilege of the writ of habeas corpus shall not be
- suspended, unless in case of rebellion or invasion, the
- public safety requires it, and then only in such manner as
- shall be prescribed by law.
-
- Sec. 6. All persons shall be bailable by sufficient sureties, except
- for capital offenses, when the proof is evident or the pre-
- sumption great. Excessive bail shall not be required, nor
- excessive fines imposed, nor cruel and unusual punishment
- inflicted.
-
- Sec. 7. The right of trial by jury shall remain inviolate; but in
- civil actions, three-fourths of the jury may render a ver-
- dict, and the legislature may provide that in all cases of
- misdemeanors five-sixths of the jury may render a verdict.
- A trial by jury may be waived in all criminal cases not
- amounting to felony, by the consent of both parties, ex-
- pressed in open court, and in civil actions by the consent
- of the parties, signified in such manner as may be pre-
- scribed by law. In civil actions the jury may consist of
- twelve or of any number less than twelve upon which the
- parties may agree in open court. Provided, that in cases of
- misdemeanor and in civil actions within the jurisdiction of
- any court inferior to the district court, whether such case
- or action be tried in such inferior court or in district
- court, the jury shall consist of not more than six.
-
- Sec. 8. No person shall be held to answer for any felony or criminal
- offense of any grade, unless on presentment or indictment of
- a grand jury or on information of the public prosecutor,
- after a commitment by a magistrate, except in cases of
- impeachment, in cases cognizable by probate courts or by
- justices of the peace, and in cases arising in the militia
- when in actual service in time of war or public danger;
- provided, that a grand jury may be summoned upon the order
- of the district court in the manner provided by law, and
- provided further, that after a charge has been ignored by a
- grand jury, no person shall be held to answer, or for trial
- therefor, upon information of the public prosecutor.
-
- Sec. 9. Every person may freely speak, write and publish on all
- subjects, being responsible for the abuse of that liberty.
-
- Sec. 10. The people shall have the right to assemble in a peaceable
- manner, to consult for their common good; to instruct their
- representatives, and to petition the legislature for the
- redress of grievances.
-
- Sec. 11. The people shall have the right to bear arms for their
- security and defense; but the legislature shall regulate
- the exercise of this right by law.
-
- Sec. 12. The military shall be subordinate to the civil power; and no
- soldier in time of peace shall be quartered in any house
- without the consent of the owner, nor in time of war except
- in the manner prescribed by law.
-
- Sec. 13. In all criminal prosecutions, the party accused shall have
- the right to a speedy and public trial; to have the process
- of the court to compel the attendance of witnesses in his
- behalf, and to appear and defend in person and with counsel.
- No person shall be twice put in jeopardy for the same of-
- fense; nor be compelled in any criminal case to be a witness
- against himself; nor be deprived of life, liberty, or prop-
- erty without due process of law.
-
- Sec. 14. The necessary use of lands for the construction of reser-
- voirs or storage basins, for the purpose of irrigation, or
- for rights of way for the construction of canals, ditches,
- flumes or pipes, to convey water to the place of use for any
- useful, beneficial or necessary purpose, or for drainage; or
- for the drainage of mines, or the working thereof, by means
- of roads, railroads, tramways, cuts, tunnels, shafts, hoist-
- ing works, dumps, or other necessary means to their complete
- development of the material resources of the state, or the
- preservation of the health of its inhabitants, is hereby
- declared to be a public use, and subject to the regulation
- and control of the state.
-
- Private property may be taken for public use, but not until
- a just compensation, to be ascertained in the manner pre-
- scribed by law, shall be paid therefor.
-
- Sec. 15. There shall be no imprisonment for debt in this state except
- in cases of fraud.
-
- Sec. 16. No bill of attainder, ex post facto law, or law impairing
- the obligation of contracts shall ever be passed.
-
- Sec. 17 The right of the people to be secure in their persons,
- houses, papers and effects against unreasonable searches and
- seizures shall not be violated; and no warrant shall issue
- without probable cause shown by affidavit, particularly
- describing the place to be searched and the person or thing
- to be seized.
-
- Sec. 18. Courts of justice shall be open to every person, and a
- speedy remedy afforded for every injury of person, property
- or character, and right and justice shall be administered
- without sale, denial, delay, or prejudice.
-
- Sec. 19. No power, civil or military, shall at any time interfere
- with or prevent the free and lawful exercise of the right of
- suffrage.
-
- Sec. 20. No property qualifications shall ever be required for any
- person to vote or hold office except in school elections, or
- elections creating indebtedness, or in irrigation district
- elections, as to which last- named elections the legislature
- may restrict the voters to land owners.
-
- Sec. 21. This enumeration of rights shall not be construed to impair
- or deny other rights retained by the people.
-
-