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- CONSTITUTION OF THE STATE OF MAINE
- (as amended to Jan. 1, 1973)
-
- PREAMBLE
-
- We the people of Maine, in order to establish justice, in-
- sure tranquility, provide for our mutual defense, promote
- our common welfare, and secure to our selves and our poster-
- ity the blessings of liberty, acknowledging with gratefu l
- hearts the goodness of the Sovereign Ruler of the Universe
- in affording us an opportunity, so favorable to the design;
- and, imploring His aid and direct ion in its accomplishment,
- do agree to form ourselves into a free and independent
- State, by the style and title of the STATE OF MAINE, and do
- ordain and establish the following Constitution for the gov-
- ernment of the same.
-
- ARTICLE I
-
- DECLARATION OF RIGHTS
-
- Art. 1. All men are born equally free and independent, and have cer-
- tain natural, inherent, and unalienable rights, among which
- are those of enjoying and defending Life and Liberty, ac-
- quiring, possessing, and protecting property; and of pursu-
- ing and obtaining safety and happiness.
-
- Sec. 2. All power is inherent in the people; all free governments
- are fou nded in their authority and instituted for their
- benefit; they have therefore an unalienable and indefeasible
- right to institute government, and to alter, reform, or
- totally change the same, when their safety and happiness
- require it.
-
- Sec. 3. All men have a natural and unalienable right to worship Al-
- mighty God according to the dictates of their own consci-
- ences, and no one shall be h urt, molested or restrained in
- his person, liberty or estate for worshipping God in the
- manner and season most agreeable to the dictates of his own
- conscience, nor for his religious professions or senti-
- ments, provided he does not d isturb the public peace, nor
- obstruct others in their religious worship; - An d all
- persons demeaning themselves peaceably, as good members of
- the state, shall be equally under the protection of the
- laws, and no subordination nor preference of any one sect or
- denomination to another shall ever be established by law,
- nor shall any religious test be req uired as a qualification
- for any office or trust, under this State; and all relig-
- ious societies in this State, whether incorporate or unin-
- corporate, shall at all times have the exclusive right of
- electing their public teachers, and contracting with them
- for their support and maintenance.
-
- Sec. 4. Every citizen may freely speak, write and publish his senti-
- ments on any subject, being responsible for the abuse of
- this liberty; no laws shal l be passed regulating or re-
- straining the freedom of the press; and in prosec utions for
- any publication respecting the official conduct of men in
- public c apacity, or the qualifications of those who are
- candidates for the suffrages of the people, or where the
- matter published is proper for public informatio n, the
- truth thereof may be given in evidence and in all indict-
- ments for libels, the jury, after having received the dire
- ction of the court, shall have a right to determine, at
- their discretion, the law and the fact.
-
- Sec. 5. The people shall be secure in their persons, houses, papers
- and possessions from all unreasonable searches and seiz-
- ures; and no warrant to sear ch any place, or seize any
- person or thing, shall issue without a special des ignation
- of the place to be searched, and the person or thing to be
- seized, n or without probable cause - supported by oath or
- affirmation.
-
- Sec. 6. In all criminal prosecutions, the accused shall have a right
- to be heard by himself and his counsel, or either, at his
- election; To demand the nature and cause of the accusation,
- and have a copy thereof; to be confronted by the witnesses
- against him; to have compulsory process for obtaining witnes
- ses in his favor; to have a speedy, public and impartial
- trial, and, except in trials by martial law or impeachment,
- by a jury of the vicinity. He shall not be compelled to fur-
- nish or give evidence against himself, nor be deprived of
- his life, liberty, property or privileges, but by judgement
- of his peers or the law of the land.
-
- Sec. 6-A. No person shall be deprived of life, liberty, or property
- without due process of law, nor be denied the equal pro-
- tection of the laws, nor be denied the enjoyment of his
- civil rights or be discriminated against in the exercise
- thereof.
-
- Sec. 7. No person shall be held to answer for a capital or infamous
- crime, unless on a presentment or indictment of a grand
- jury, except in cases of impeachment, or in such cases of
- offenses, as are usually cognizable by a justice of the
- peace, or in cases arising in the army or navy, or in the
- militia when in actual service in time of war or public
- danger. The Legislature shall provide by law a suitable and
- impartial mode of selecting juries, and their usual number
- and unanimity, in indictments and convictions, shall be held
- indispensable.
-
- Sec. 8. No person, for the same offense, shall be twice put in jeo-
- pardy of life or limb.
-
- Sec. 9. Sanguinary laws shall not be passed: all penalties and pun-
- ishments shall be proportioned to the offence: excessive
- bail shall not be required, nor excessive fines imposed, nor
- cruel nor unusual punishments inflicted
-
- Sec. 10. No person before conviction shall be bailable for any of the
- crimes which now are, or have been denominated capital of-
- fences since the adoption fo the Constitution, where the
- proof is evident or the presumption great, whatever the
- punishment of the crimes may be. And the privilege of the
- writ of habeas corpus shall not be suspended, unless when in
- cases of rebellion or invasion the public safety may require
- it. [amended by amendment ii]
-
- Sec. 11. The Legislature shall pass no bill of attainder, ex post
- facto law, nor law impairing the obligation of contracts,
- and no attainder shall work corruption of blood nor for-
- feiture of estate.
-
- Sec. 12. Treason against the state shall consist only in levying war
- against it, 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
- confession in open court.
-
- Sec. 13. The laws shall not be suspended but by the Legislature or
- its authority.
-
- Sec. 14. No person shall be subject to corporal punishment under mil-
- itary law, except such as are employed in the army or navy,
- or in the militia when in actual service in time of war or
- public danger.
-
- Sec. 15. The people have a right at all times in an orderly and
- peaceable manner to assemble to consult upon the common
- good, to give instructions to their Representatives, and to
- request, of either department of the government by petition
- or remonstrance, redress of their wrongs and grievances.
-
- Sec. 16. Every citizen has a right to keep and bear arms for the com-
- mon defence; and this right shall never be questioned.
-
- Sec. 17. No standing army shall be kept up in time of peace without
- the consent of the Legislature, and the military shall, in
- all cases, and at all times, be in strict subordination to
- the civil power.
-
- Sec. 18. No soldier shall in time of peace be quartered in any house
- with out the consent of the owner or occupant, nor in time
- of war, but in a manner to be prescribed by law.
-
-
- Sec. 19. Every person, for an injury done him in his person, reputa-
- tion, property or immunities, shall have remedy by due
- course of law; and right and justice shall be administered
- freely and without sale, completely and without denial,
- promptly and without delay.
-
- Sec. 20. In all civil suits, and in all controversies concerning
- property , the parties shall have a right to a trial by
- jury, except in cases where it has heretofore been otherwise
- practiced: the party claiming the right may be heard by
- himself and his counsel, or either, at his election.
-
-
- Sec. 21. Private property shall not be taken for public uses without
- just compensation; nor unless the public exigencies require
- it.
-
- Sec. 22. No tax or duty shall be imposed without the consent of the
- people or their Representatives in the Legislature.
-
- Sec. 23. No title of nobility or hereditary distinction, privilege,
- honor or emolument, shall ever be granted or confirmed, nor
- shall any office be cre ated, the appointment to which shall
- be for a longer time than during good be havior.
-
- Sec. 24. The enumeration of certain rights shall not impair nor deny
- others retained by the people.
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