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-
-
-
- THE CONSTITUTION
- OF THE
- STATE OF OHIO
- (as amended to 1974)
-
- PREAMBLE
-
- We, the people of the State of Ohio, grateful to Almighty God
- for our freedom, to secure its blessings and promote our com-
- mon welfare, do establish this Constitution.
-
- ARTICLE I
-
- BILL OF RIGHTS
-
- Sec. 1. All men are, by nature, free and independent, and have cer-
- tain inalienable rights, among which are those of enjoying
- and defending life and liberty, acquiring, possessing, and
- protecting property, and seeking and obtaining happiness and
- safety.
-
- Sec. 2. All political power is inherent in the people. Government
- is instituted for their equal protection and benefit, and
- they have the right to alter, reform, or abolish the same,
- when ever they may deem it necessary; and no special privi-
- leges or immunities shall ever be granted, that may not be
- altered, revoked, or repealed by the General Assembly.
-
- Sec. 3. The people have the right to assemble together, in a peace-
- able manner, to consult for their common good; to instruct
- their Representatives; and to petition the General Assembly
- for the redress of grievances.
-
- Sec. 4. The people have the right to bear arms for their defence and
- security; but standing armies, in time of peace, are danger-
- ous to liberty, and shall not be kept up; and the military
- shall be in strict subordination to the civil power.
-
- Sec. 5. The right of trial by jury shall be inviolate, except that,
- in civil cases, laws may be passed to authorize the render-
- ing of a verdict by the concurrence of not less than three-
- fourths of the jury. ( Adopted Sept. 3,1912.)
-
- Sec. 6. There shall be no slavery in this state; nor involuntary
- servitude, unless for the punishment of crime.
-
- Sec. 7. All men have a natural and indefeasible right to worship
- Almighty God according to the dictates of their own con-
- science. No person shall be compelled to attend, erect, or
- support any place of worship, or maintain any form of wor-
- ship, 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 qualification for office, nor
- shall any person be incompetent to be a witness on account
- of his religious belief; but nothing herein shall be con-
- strued to dispense with oaths and affirmations. Religion,
- morality, and knowledge, however, being essential to good
- government, it shall be the duty of the General Assembly to
- pass suitable laws, to protect every religious denomination
- in the peaceable enjoyment of its own mode of public wor-
- ship, and to encourage schools and the means of instruction.
-
- Sec. 8. The privilege of the writ of habeas corpus shall not be sus-
- pended, unless in cases of rebellion or invasion, the public
- safety require it.
-
- Sec. 9. All persons shall be bailable by sufficient sureties, except
- for capital offenses where the proof is evident, or the pre-
- sumption great. Excessive bail shall not be required; nor
- excessive fines imposed; nor cruel and unusual punishments
- inflicted.
-
- Sec. 10. Except in cases of impeachment, cases arising in the army
- and navy, or in the militia when in actual service in time
- of war or public danger, and cases involving offenses for
- which the penalty provided is less than imprisonment in the
- penitentiary, no person shall be held to answer for a capi-
- tal, or otherwise infamous, crime, unless on presentment or
- indictment of a grand jury; and the number of persons neces-
- sary to constitute such grand jury and the number thereof
- necessary to concur in finding such indictment shall be
- determined by law. In any trial, in any court, the party
- accused shall be allowed to appear and defend in person and
- with counsel; to demand the nature and cause of the accusa-
- tion against him, and to have a copy thereof; to meet the
- witnesses face to face, and to have compulsory process to
- procure the attendance of witnesses in his behalf, and a
- speedy public trial by an impartial jury of the county in
- which the offense is alleged to have been committed; but
- provision may be made by law for the taking of the deposi-
- tion by the accused or by the state, to be used for or
- against the accused, of any witness whose attendance can not
- be had at the trial, always securing to the accused means
- and the opportunity to be present in person and with counsel
- at the taking of such deposition, and to examine the witness
- face to face as fully and in the same manner as if in court.
- No person shall be compelled, in any criminal case, to be a
- witness against himself; but his failure to testify may be
- considered by the court and jury and may be the subject of
- comment by counsel. No person shall be twice put in jeo-
- pardy for the same offense. ( Adopted Sept.3,1912.)
-
- Sec. 11. Every citizen may freely speak, write, and publish his sen-
- timents on all subjects, being responsible for the abuse of
- the right; and no law shall be passed to restrain or abridge
- the liberty of speech, or of the press. In all criminal pro-
- secutions for libel, the truth may be given in evidence to
- the jury, and if it shall appear to the jury, that the mat-
- ter charged as libelous is true, and was published with good
- motives, and for justifiable ends, the party shall be ac-
- quitted.
-
- Sec. 12. No person shall be transported out of the State, for any of-
- fense committed within the same; and no conviction shall
- work corruption of blood, or forfeiture of estate.
-
- Sec. 13. 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. 14. The right of the people to be secure in their persons,
- houses, papers, and possessions, against unreasonable
- searches and seizures shall not be violated; and no warrants
- shall issue, but upon probable cause, supported by oath or
- affirmation, particularly describing the place to be search-
- ed, and the person and things to be seized.
-
- Sec. 15. No person shall be imprisoned for debt in any civil action,
- or mesne or final process, unless in cases of fraud.
-
- Sec. 16. All courts shall be open, and every person, for an injury
- done him in his land, goods, person, or reputation, shall
- have remedy by due course of law, and shall have justice
- administered without denial or delay. Suits may be brought
- against the state, in such courts and in such manner, as may
- be provided by law. ( Adopted Sept.3, 1912.)
-
- Sec. 17. No hereditary emoluments, honors, or privileges, shall ever
- be granted or conferred by this State.
-
- Sec. 18. No power of suspending laws shall ever be exercised, except
- by the General Assembly.
-
- Sec. 19. Private property shall ever be held inviolate but subservi-
- ent to the public welfare. When taken in time of war or
- other public exigency, imperatively requiring its immediate
- seizure or for the purpose of making or repairing roads,
- which shall be open to the public, without charge, a compen-
- sation shall be made to the owner, in money: and in all
- other cases, where private property shall be taken for pub-
- lic use, a compensation therefor shall first be made in
- money, or first secured by a deposit of money; and such
- compensation shall be assessed by a jury, without deduction
- for benefits to any property of the owner.
-
- Sec 19(a) Damages for wrongful death. The amount of damages recover-
- able by civil action in the courts for death caused by the
- wrongful act, neglect, or default of another, shall not be
- limited by law. ( Adopted Sept.3,1912)
-
- Sec. 20. 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.
-
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