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- THE CONSTITUTION of the STATE OF NORTH DAKOTA
- (as amended to 1973)
-
- PREAMBLE
-
- We, the people of North Dakota, grateful to Almighty God for
- the blessings of civil and religious liberty, do ordain and
- establish this constitution.
-
- ARTICLE I
-
- DECLARATION OF RIGHTS
-
- Sec. 1. All men are by nature equally free and independent and have
- certain inalienable rights, among which are those enjoying
- and defending life and liberty; acquiring, possessing and
- protecting property and reputation; and pursuing and obtain-
- ing safety and happiness.
-
- Sec. 2. All political power is inherent in the people. Government
- is instituted for the protection, security and benefit of
- the people, and they have a right to alter or reform the
- same whenever the public good may require.
-
- Sec. 3. The state of North Dakota is an inseparable part of the
- American union and the constitution of the United States
- is the supreme law of the land.
-
- Sec. 4. The free exercise and enjoyment of religious profession and
- worship, without discrimination or preference, shall be for-
- ever guaranteed in this state, and no person shall be ren-
- dered incompetent to be a witness or juror on account of his
- opinion on matters of religious belief; but the liberty of
- conscience hereby secured shall not be so construed as to
- excuse acts of licentiousness, or justify practices incon-
- sistent with the peace and safety of this state.
-
- Sec. 5. The privilege of the writ of habeas corpus shall not be sus-
- pended unless, when in case of rebellion or invasion, the
- public safety may require.
-
- Sec. 6. All persons shall be bailable by sufficient sureties, unless
- for capital offenses when the proof is evident or the pre-
- sumption great. Excessive bail shall not be required, nor
- excessive fines imposed, nor shall cruel or unusual punish-
- ments be inflicted. Witnesses shall not be unreasonably
- detained, nor be confined in any room where criminals are
- actually imprisoned.
-
- Sec. 7. The right of trial by jury shall be secured to all, and re-
- main inviolate; but a jury in civil cases, in courts not of
- record may consist of less than twelve men, as may be pre-
- scribed by law.
-
- Sec. 8. Until otherwise provided by law, no person shall, for a
- felony, be prosecuted against criminally, otherwise than by
- indictment, except in cases arising in the land and naval
- forces, or in the militia when in actual service in time of
- war or public danger. In all other cases, offenses shall be
- prosecuted criminally by indictment or information. The
- legislative assembly may change, regulate or abolish the
- grand jury system.
-
- Sec. 9. Every man may freely write, speak and publish his opinions
- on all subjects, being responsible for the abuse of that
- privilege. In all civil and criminal trials for libel the
- truth may be given in evidence, and shall be a sufficient
- defence when the matter is published with good motives and
- for justifiable ends; and the jury shall have the same power
- of giving a general verdict as in other cases; and in all
- indictments or informations for libels 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. The citizens have a right, in a peaceable manner, to assem-
- ble together for the common good, and to apply to those in-
- vested with the powers of government for the redress of
- grievances, or for other proper purposes, by petition, ad-
- dress or remonstrance.
-
- Sec. 11. All laws of a general nature shall have a uniform operation.
-
- Sec. 12. The military shall be subordinate to the civil power. No
- standing army shall be maintained by this state in time of
- peace, and no soldiers 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. 13. In criminal prosecutions in any court whatever, the party
- accused shall have the right to a speedy and public trial;
- to have the process of the court to compel the attendance of
- witnesses in his behalf; and to appear and defend in person
- and with counsel. No person shall be twice put in jeopardy
- for the same offense, nor 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.
-
- Sec. 14. Private property shall not be taken or damaged for public
- use without just compensation having first been made to, or
- paid into court for the owner. NO right of way shall be
- appropriated to the use of any corporation until full com-
- pensation therefor be first made in money or ascertained and
- paid into court for the owner, irrespective of any benefit
- from any improvement proposed by such corporation, which
- compensation shall be ascertained by a jury, unless a jury
- be waived, provided however, that when the state or any of
- its departments, agencies or political subdivisions seeks to
- acquire right of way, it may take possession upon making an
- offer to purchase and by depositing the amount of such offer
- with the clerk of the district court of the county wherein
- the right of way is located. The clerk shall immediately
- notify the owner of such deposit. The owner thereupon
- appeal to the court in the manner provided by law, and may
- have a jury trial, unless a jury be waived, to determine the
- damages
-
- Sec. 15. No person shall be imprisoned for debt unless upon refusal
- to deliver up his estate for the benefit of his creditors,
- in such manner as shall be prescribed by law; or in cases of
- tort; or where there is strong presumption of fraud.
-
- Sec. 16. No bill of attainder, ex post facto law, or law impairing
- the obligations of contracts shall ever be passed.
-
- Sec. 17. Neither slavery nor involuntary servitude, unless for the
- punishment of crime, shall ever be tolerated in this state.
-
- Sec. 18. 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, particularly describing the place to be
- searched and the person and things to be seized.
-
- Sec. 19. Treason against the state shall consist only in levying war
- against it, adhering to its enemies or giving them aid and
- comfort. No person shall be convicted of treason unless on
- the evidence of two witnesses to the same overt act, or
- confession in open court.
-
- Sec. 20. No special privileges or immunities shall ever be granted
- which may not be altered, revoked or repealed by the legis-
- lative assembly; nor shall any citizen or class of citizens
- be granted privileges or immunities which upon the same
- terms shall not be granted to all citizens.
-
- Sec. 21. The provisions of this constitution are mandatory and pro-
- hibitory unless, by express words, they are declared to be
- otherwise.
-
- Sec. 22. All courts shall be open, and every man for any injury done
- him in his lands, goods. person or reputation shall have
- remedy by due process of law, and right and justice adminis-
- tered without sale, denial or delay. Suits may be brought
- against the state in such manner, in such courts, and in
- such cases, as the legislative assembly may, by law, direct.
-
- Sec. 23. Every citizen of this state shall be free to obtain employ-
- ment wherever possible, and any person, corporation, or
- agent thereof, maliciously interfering or hindering in any
- way, any citizen from obtaining or enjoying employment al-
- ready obtained, from any other corporation or person, shall
- be deemed guilty of misdemeanor.
-
- Sec. 24. To guard against transgressions of the high powers which we
- have delegated, we declare that everything in this article
- is excepted out of the general powers of government and
- shall forever remain inviolate.
-
-