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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.
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