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-
- CONSTITUTION
- OF THE
- STATE OF NEBRASKA
- of 1875
-
- PREAMBLE.
-
- We, the people, grateful to Almighty God for our freedom, do
- ordain and establish the following declaration of rights and
- frame of government, as the Constitution of the State of
- Nebraska.
-
- ARTICLE I
-
- BILL OF RIGHTS
-
- Sec. 1. All persons are by nature free and independent, and have
- certain inherent and inalienable rights; among these are
- life, liberty and the pursuit of happiness. To secure these
- rights, and the protection of property, governments are
- instituted among people, deriving their just powers from the
- consent of the governed.
-
- Sec. 2. There shall be neither slavery nor involuntary servitude in
- this state, otherwise than for punishment of crime, whereof
- the party shall have been duly convicted
-
- Sec. 3. No person shall be deprived of life, liberty, or property,
- without due process of law.
-
- Sec. 4. All persons have a natural and indefeasible right to worship
- Almighty God according to the dictates of their own consci-
- ences. No person shall be compelled to attend, erect or
- support any place of worship against his consent, and no
- preference shall be given by law to any religious society,
- nor shall any interference with the rights of conscience be
- permitted. No religious test shall be required as a qualifi-
- cation for office, nor shall any person be incompetent to be
- a witness on account of his religious beliefs; but nothing
- herein shall be construed to dispense with oaths and affirm-
- ations. Religion, morality, and knowledge, however, being
- essential to good government, it shall be the duty of the
- legislature to pass suitable laws to protect every religious
- denomination in the peaceable enjoyment of its own mode of
- public worship, and to encourage schools and the means of
- instruction.
-
- Sec. 5. Every person may freely speak, write and publish on all
- subjects, being responsible for the abuse of that liberty;
- and in all trials for libel, both civil and criminal, the
- truth when published with good motives, and for justifiable
- ends, shall be a sufficient defense.
-
- Sec. 6. The right of trial by jury shall remain inviolate, but the
- Legislature may authorize trial by a jury of a less number
- than twelve in courts inferior to the District Court, and
- may by general law authorize a verdict in civil cases in any
- court by not less than five- sixths of the jury. (Amended,
- 1896, 1914, 1920.)
-
- Sec. 7. 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
- but 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. 8. 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. 9. All persons shall be bailable by sufficient sureties, except
- for treason and murder, where the proof is evident or the
- presumption great. Excessive bail shall not be required, nor
- excessive fines imposed, nor cruel and unusual punishments
- inflicted.
-
- Sec. 10. No person shall be held to answer for a criminal offense,
- except in cases in which the punishment is by fine, or im-
- prisonment otherwise than in a penitentiary, in case of im-
- peachment, and in cases arising in the army and navy, or in
- the militia when in actual service in time of war or public
- danger, unless on a presentment or indictment of a grand
- jury; Provided, That the Legislature may by law provide for
- holding persons to answer for criminal offences on informa-
- tion of a public prosecutor; and may by law, abolish, limit,
- change, amend, or otherwise regulate the grand jury system.
-
- Sec. 11. In all criminal prosecutions the accused shall have the
- right to appear and defend in person or by counsel, to de-
- mand the nature and cause of accusation, and to have a copy
- thereof; to meet the witnesses against him face to face; to
- have process to compel the attendance of witnesses in his
- behalf; and a speedy public trial by an impartial jury of
- the county or district in which the offense is alleged to
- have been committed.
-
- Sec. 12. 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. 13. All courts shall be open, and every person, for any injury
- done him in his lands, goods, person or reputation, shall
- have a remedy by due course of law, and justice administered
- without denial or delay.
-
- Sec. 14. Treason against the state shall consist only in levying war
- against the state, or in adhering to its enemies, 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 on confession in open court.
-
- Sec. 15. All penalties shall be proportioned to the nature of the
- offense, and no convicion shall work corruption of blood or
- forfeiture of estate; nor shall any person be transported
- out of the state for any offense committed within the state.
-
- Sec. 16. No bill of attainder, ex post facto law, or law impairing
- the obligation of contracts, or making any irrevocable grant
- of special privileges or immunities shall be passed.
-
- Sec. 17. The military shall be in strict subordination to the civil
- power.
-
- Sec. 18. No soldier shall in time of peace be quartered in any house
- without the consent of the owner; nor in time of war except
- in the manner prescribed by law.
-
- Sec. 19. The right of the people peaceably to assemble to consult for
- the common good, and to petition the government, or any de-
- partment thereof, shall never be abridged.
-
- Sec. 20. No person shall be imprisoned for debt in any civil action
- on mesne or final process, unless in cases of fraud.
-
- Sec. 21. The property of no person shall be taken or damaged for pub-
- lic use without just compensation therefor.
-
- Sec. 22. All elections shall be free; and there shall be no hindrance
- or impediment to the right of a qualified voter to exercise
- the elective franchise
-
- Sec. 23. In all cases of felony the defendant shall have the right of
- appeal to the Supreme Court; and in capital cases such ap-
- peal shall operate as a supersedeas to stay the execution of
- the sentence of death, until further order of the Supreme
- Court. (Amended, 1972.
-
- Sec. 24. The right to be heard in all civil cases in the court of
- last resort, by appeal, error, or otherwise, shall not be
- denied.
-
- Sec. 25. There shall be no discrimination between citizens of the
- United States in respect to the acquisition, ownership,
- possession, enjoyment or descent of property. The right of
- aliens in respect to the acquisition, enjoyment and descent
- of property may be regulated by law. (Amended, 1920.)
-
- Sec. 26. This enumeration of rights shall not be construed to impair
- or deny others, retained by the people, and all powers not
- herein delegated, remain with the people.
-
- Sec. 27. The English language is hereby declared to be the official
- language of this state, and all official proceedings, re-
- cords and publications shall be in such language, and the
- common school branches shall be taught in said language in
- public, private, denominational and parochial schools.
- (Adopted, 1920.)
-
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