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- CONSTITUTION OF THE STATE OF KENTUCKY
- (as amended to 1980)
-
- PREAMBLE
-
- We, the people of the Commonwealth of Kentucky, grateful to
- Almighty God for the civil, political and religious liber-
- ties we enjoy, and invoking the continuance of these bless-
- ings, do ordain and establish this Constitution.
-
- BILL OF RIGHTS
-
- That the great and essential principles of liberty and free
- government may be recognized and established, we declare
- that:
-
- Sec. 1. Rights of life, liberty, worship, pursuit of safety and hap-
- piness, free speech, acquiring and protecting property,
- peaceable assembly, redress of grievances, bearing arms.
- All men are, by nature, free and equal, and have certain
- inherent and inalienable rights, among which may be
- reckoned:
-
- First: The right of enjoying and defending their lives and liber-
- ties.
-
- Second: The right of worshipping Almighty God according to the dic-
- tates of their conscience.
-
- Third: The right of seeking and pursuing their safety and happi-
- ness.
-
- Fourth: The right of freely communicating their thoughts and opin-
- ions.
-
- Fifth: The right of acquiring and protecting property.
-
- Sixth: The right of assembling together in a peaceable manner for
- their common good, and of applying to those invested with
- power of government for redress of grievances or other
- proper purposes, by petition, address or remonstrance.
-
- Seventh: The right to bear arms in defense of themselves and of the
- State, subject to the power of the General Assembly to enact
- laws to prevent persons from carrying concealed weapons.
-
- Sec. 2. Absolute and arbitrary power denied. Absolute and arbitrary
- power over the lives, liberty and property of freemen exists
- nowhere in a republic, not even in the largest majority.
-
- Sec. 3. Men are equal; no exclusive grant except for public ser-
- vices; property not to be exempted from taxation; grants
- revocable. All men, when they form a social compact, are
- equal; and no grant of exclusive, separate public emoluments
- or privileges shall be made to any man or set of men, except
- in consideration of public services; but no property shall
- be exempt from taxation except as provided in this Consti-
- tution, and every grant of a franchise, privilege or exemp-
- tion, shall remain subject to revocation, alteration or
- amendment.
-
- Sec. 4. Power inherent in the people; right to alter, reform or
- abolish government. All power is inherent in the people,
- and all free governments are founded on their authority and
- instituted for their peace, safety, happiness and the pro-
- tection of property. For the advancement of these ends, they
- have at all times an inalienable and indefeasible right to
- alter, reform or abolish their government in such manner as
- they may deem proper.
-
- Sec. 5. Right of religious freedom. No preference shall ever be
- given by law to any religious sect, society or denomination;
- nor to any particular creed, mode of worship or system of
- ecclesiastical polity; nor shall any person be compelled to
- attend any place of worship, to contribute to the erection
- or maintenance of any such place, or to the salary or sup-
- port of any minister or religion; nor shall any man be com-
- pelled to send his child to any school to which he may be
- conscientiously opposed; and the civil rights, privileges or
- capacities of no person shall be taken away, or in anywise
- diminished or enlarged, on account of his belief or disbe-
- lief of any religious tenet, dogma or teaching. No human
- authority shall, in any case whatever, control or interfere
- with the rights of conscience.
-
- Sec. 6. Elections to be free and equal..All elections shall be free
- and equal.
-
- Sec. 7. Right of trial by jury. The ancient mode of trial by jury
- shall be held sacred, and the right thereof remain invio-
- late, subject to such modifications as may be authorized by
- this Constitution.
-
- Sec. 8. Freedom of speech and of the press. Printing presses shall
- be free to every person who undertakes to examine the pro-
- ceedings of the General Assembly or any branch of govern-
- ment, and no shall ever be made to restrain the right there-
- of. Every person may freely and fully speak, write and
- print on any subject, being responsible for the abuse of
- that liberty.
-
- Sec. 9. Truth may be given in evidence in prosecution for publish-
- ing matters proper for public information; jury to try law
- and facts in libel prosecutions. In prosecutions for the
- publication of papers investigating the official conduct of
- officers or men in public capacity, or where the matter pub-
- lished is proper for public information, the truth thereof
- may be given in evidence; and in all indictments for libel
- the jury shall have the right to determine the law and the
- facts, under the direction of the court, as in other cases.
-
- Sec. 10. Security from search and seizure; conditions of issuance of
- warrants. The people shall be secure in their persons,
- houses, papers and possessions, from unreasonable searches
- and seizure; and no warrant shall issue to search any place,
- or seize any person or thing, without describing them as
- nearly as may be, nor without probable cause supported by
- oath or affirmation.
-
- Sec. 11. Rights of accused in criminal prosecution; change of venue.
- In all criminal prosecutions the accused has the right to be
- heard by himself and counsel; to demand the nature and cause
- of the accusation against him; to meet the witnesses face to
- face, and to have compulsory process for obtaining witnesses
- in his favor. He cannot be compelled to give evidence
- against himself, nor can he be deprived of his life, liberty
- or property, unless by the judgement of his peers or the law
- of the land; and in prosecutions by indictments or informa-
- tion, he shall have a speedy public trial by an impartial
- jury of the vicinage; but the General Assembly may provide
- by a general law for a change of venue in such prosecutions
- for both the defendant and the Commonwealth, the change to
- be made to the most convenient county in which a fair trial
- can be obtained.
-
- Sec. 12. Indictable offense not to be prosecuted by information;
- exceptions. No person, for an indictable offense, shall be
- proceeded against criminally by information, except in cases
- arising in the land or naval forces, or in the militia, when
- in actual service, in time of war or public danger, or by
- leave of court for oppression or misdemeanor in office.
-
- Sec. 13. Double jeopardy; property not to be taken for public use
- without just compensation. No person shall, for the same
- offense, be twice put in jeopardy of his life or limb, nor
- shall any man's property be taken or applied to public use
- without just compensation being previously made to him.
-
- Sec. 14. Right of judicial remedy for injury; speedy trial. All
- courts shall be open, and every person for an injury done
- him in his lands, goods, person or reputation, shall have
- remedy by due course of law, and right and justice adminis-
- tered without sale, denial or delay.
-
- Sec. 15. Laws to be suspended only by General Assembly. No power to
- suspend laws shall be exercised unless by the General Assem-
- bly.or its authority.
-
- Sec. 16. Right to bail; habeas corpus. All prisoners shall be bail-
- able by sufficient securities, unless for capital offenses
- when the proof is evident or the presumption great: and the
- privilege of the writ of habeas corpus shall not be suspend-
- ed unless when, in case of rebellion or invasion, the public
- safety may require it.
-
- Sec. 17. Excessive bail or fine, or cruel punishment, prohibited.
- Excessive bail shall not be required, nor excessive fines
- imposed, nor cruel punishment inflicted.
-
- Sec. 18. Imprisonment for debt restricted. The person of a debtor,
- where there is not strong presumption of fraud, shall not
- be continued in prison after delivering up his estate for
- the benefit of his creditors in such manner as shall be
- prescribed by law.
-
- Sec. 19. Ex post facto law or law impairing the obligation of con-
- tract forbidden. No ex post facto law, nor any law im-
- pairing the obligation of contracts, shall be enacted.
-
- Sec. 20. Attainder, operation of restricted. No person shall be at-
- tainted of treason or felony by the General Assembly, and no
- attainder shall work corruption of blood, nor, except during
- the life of the offender, forfeiture of estate to the
- Commonwealth.
-
- Sec. 21. Descent in case of suicide or casualty. The estate of such
- persons as shall destroy their own lives shall descend or
- vest as in cases of natural death; and if any person shall
- be killed by casualty, there shall be no forfeiture by
- reason thereof.
-
- Sec. 22. Standing armies restricted; military subordinate to civil;
- quartering soldiers restricted. No standing army shall, in
- time of peace, be maintained without the consent of the
- General Assembly; and the military shall, in all cases and
- at all times, be in strict subordination to the civil power;
- nor shall any soldier, in time of peace, be quartered in any
- house without the consent of the owner, nor in time of war,
- except in a manner prescribed by law.
-
- Sec. 23. No office of nobility or hereditary distinction, or for
- longer than a term of years. The General Assembly shall
- not grant any title of nobility or hereditary distinction,
- nor create any office the appointment of which shall be for
- a longer time than a term of years.
-
- Sec. 24. Emigration to be free. Emigration from the state shall not
- be prohibited.
-
- Sec. 25. Slavery and involuntary servitude forbidden. Slavery and in-
- voluntary servitude in this State are forbidden, except as
- punishment for crime, whereof the party shall have been duly
- convicted.
-
- Sec. 26. General powers subordinate to Bill of Rights; laws contrary
- thereto are void. To guard against transgression of the
- high powers which we have delegated, We Declare that every
- thing in this Bill of Rights is excepted out of the general
- powers of government, and shall forever remain inviolate;
- and all laws contrary thereto, or contrary to this
- Constitution, shall be void.
-
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