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- ARIZONA DECLARATION OF RIGHTS
-
- (Article II of the 1912 Constitution of Arizona As
- revised to January, 1975)
-
- ARTICLE II
-
- DECLARATION OF RIGHTS
-
-
-
- Sec. 1. A frequent recurrence to fundamental principles is essential
- to the security of individual rights and the perpetuity of
- free government.
-
- Sec. 2. All political power is inherent in the people, and govern-
- ments derive their just powers from the consent of the gov-
- erned, and are established to protect and maintain individ-
- ual rights.
-
- Sec. 3. The Constitution of the United States is the supreme law of
- the land.
-
- Sec. 4. No person shall be deprived of life, liberty, or property
- without due process of law.
-
- Sec. 5. The right of petition, and of the people peaceably to assem-
- ble for the common good, shall never be abridged.
-
- Sec. 6. Every person may freely speak, write, and publish on all
- subjects, being responsible for the abuse of that right.
-
- Sec. 7. The mode of administering an oath, or affirmation, shall be
- such as shall be most consistent with and binding upon the
- conscience of the person to whom such oath, or affirmation,
- may be administered.
-
- Sec. 8. No person shall be disturbed in his private affairs, or his
- home invaded, without authority of law.
-
- Sec. 9. No law granting irrevocably any privilege, franchise, or im-
- munity shall be enacted.
-
- Sec. 10. No person shall be compelled in any criminal case to give
- evidence against himself, or be twice put in jeopardy for
- the same offense.
-
- Sec. 11. Justice in all cases shall be administered openly, and with-
- out unnecessary delay.
-
- Sec. 12. The liberty of conscience secured by the provisions of this
- Constitution shall not be so construed as to excuse acts of
- licentiousness, or justify practices inconsistent with the
- peace and safety of the State. No public money or property
- shall be appropriated for or applied to any religious wor-
- ship, exercise, or instruction, or to the support of any
- religious establishment. No religious qualification shall
- be required for any public office or employment, nor shall
- any person be incompetent as a witness or juror in conse-
- quence of his opinion on matters of religion nor be ques-
- tioned touching his religious belief in any court of justice
- to affect the weight of his testimony.
-
- Sec. 13. No law shall be enacted granting to any citizen, class of
- citizens, or corporation other than municipal, privileges or
- immunities which, upon the same terms, shall not equally
- belong to all citizens or corporations.
-
- Sec. 14. The privilege of the writ of habeas corpus shall not be sus-
- pended by the authorities of the State.
-
- Sec. 15. Excessive bail shall not be required, nor excessive fines
- imposed, nor cruel and unusual punishment inflicted.
-
- Sec. 16. No conviction shall work corruption of blood, or forfeiture
- of estate.
-
- Sec. 17. Private property shall not be taken for private use, except
- for private ways of necessity, and for drains, flumes, or
- ditches, on or across the lands of others for mining, agri-
- cultural, domestic, or sanitary purposes. No private proper-
- ty shall be taken or damaged for public or private use with-
- out just compensation having first been made, paid into
- court for the owner, secured by bond as may be fixed by the
- court, or paid into the state treasury for the owner on such
- terms and conditions as the legislature may provide, and no
- right of way shall be appropriated to the use of any corpor-
- ation other than municipal, until full compensation therefor
- be first made in money, or ascertained and paid into court
- for the owner, irrespective of any benefit from any improve-
- ment proposed by such corporation, which compensation shall
- be ascertained by a jury, unless a jury be waived as in
- other civil cases in courts of record, in the manner pre-
- scribed by law. Whenever an attempt is made to take private
- property for a use alleged to be public, the question
- whether the contemplated use be really public shall be a
- judicial question, and determined as such without regard to
- any legislative assertion that the use is public.
-
- Sec. 18. There shall be no imprisonment for debt, except in cases of
- fraud.
-
- Sec. 19. Any person having knowledge or possession of facts that tend
- to establish the guilt of any other person or corporation
- charged with bribery or illegal rebating, shall not be
- excused from giving testimony or producing evidence, when
- legally called upon to do so, on the ground that it may tend
- to incriminate him under the laws of the State; but no
- person shall be prosecuted or subject to any penalty or
- forfeiture for, or on account of, any transaction, matter,
- or thing concerning which he may so testify or produce
- evidence.
-
- Sec. 20. The military shall be in strict subordination to the civil
- power.
-
- Sec. 21. All elections shall be free and equal, and no power, civil
- or military, shall at any time interfere to prevent the free
- exercise of the right of suffrage.
-
- Sec. 22. All persons charged with crime shall be bailable by suffic-
- ient sureties, except for: Capital offenses when the proof
- is evident or the presumption great.
-
- Sec. 23. The right of trial by jury shall remain inviolate. Juries
- in criminal cases in which a sentence of death or imprison-
- ment for thirty years or more is authorized by law shall
- consist of twelve persons. In all criminal cases the unani-
- mous consent of the jurors shall be necessary to render a
- verdict. In all other cases, the number of jurors, not less
- than six, and the number required to render a verdict, shall
- be specified by law.
-
- Sec. 24. In criminal prosecutions, the accused shall have the right
- to appear and defend in person, and by counsel, to demand
- the nature and cause of the accusation against him, to have
- a copy thereof, to testify in his own behalf, to meet the
- witnesses against him face to face, to have compulsory
- process to compel the attendance of witnesses in his own
- behalf, to have a speedy public trial by an impartial jury
- of the county in which the offense is alleged to have been
- committed, and the right to appeal in all cases; and in no
- instance shall any accused person before final judgment be
- compelled to advance money or fees to secure the rights
- herein guaranteed.
-
- Sec. 25. No bill of attainder, ex-post-facto law, or law impairing
- the obligation of a contract, shall ever be enacted.
-
- Sec. 26. The right of the individual citizen to bear arms in defense
- of himself or the State shall not be impaired, but nothing
- in this section shall be construed as authorizing individ-
- uals or corporations to organize, maintain, or employ an
- armed body of men.
-
- Sec. 27. No standing army shall be kept up by this State in time of
- peace, and no soldier shall in time of peace be quartered in
- any house without the consent of its owner, nor in time of
- war except in the manner prescribed by law.
-
- Sec. 28. Treason against the State shall consist only in levying war
- against the State, or adhering to its enemies, or in giving
- them aid and comfort. No person shall be convicted of trea-
- son unless on the testimony of two witnesses to the same
- overt act, or confession in open court.
-
- Sec. 29. No hereditary emoluments, privileges, or powers shall be
- granted or conferred, and no law shall be enacted permitting
- any perpetuity or entailment in this State.
-
- Sec. 30. No person shall be prosecuted criminally in any court of
- record for felony or misdemeanor, otherwise than by inform-
- ation or indictment; no person shall be prosecuted for
- felony by information without having had a preliminary
- examination before a magistrate or having waived such
- preliminary examination.
-
- Sec. 31. No law shall be enacted in this State limiting the amount of
- damages to be recovered for causing the death or injury of
- any person.
-
- Sec. 32. The provisions of this Constitution are mandatory, unless by
- express words they are declared to be otherwise.
-
- Sec. 33. The enumeration in this Constitution of certain rights shall
- not be construed to deny others retained by the people.
-
- Sec. 34. The State of Arizona and each municipal corporation within
- the State of Arizona shall have the right to engage in in-
- dustrial pursuits.
-
- Note: This document may be incomplete
-
-