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-
- CONSTITUTION
- OF THE
- STATE OF SOUTH DAKOTA
- (as amended to 1975)
-
- PREAMBLE
-
- We, the people of South Dakota, grateful to Almighty God for
- our civil and religious liberties, in order to form a more
- perfect and independent government, establish justice, in-
- sure tranquility, provide for the common defense, promote
- the general welfare and preserve to ourselves and to our
- posterity the blessings of liberty, do ordain and establish
- this constitution for the state of South Dakota.
-
- ARTICLE VI
-
- BILL OF RIGHTS
-
- Sec. 1. All men are born equally free and independent, and have cer-
- tain inherent rights, among which are those of enjoying and
- defending life and liberty, or acquiring and protecting
- property and the pursuit of happiness. To secure these
- rights governments are instituted among men, deriving their
- just powers from the consent of the governed.
-
- Sec. 2. No person shall be deprived of life, liberty, or property
- without due process of law.. The right of persons to work
- shall not be denied, or abridged on account of membership or
- non-membership in any labor union, or labor organization.
- [as adopted Nov. 1946]
-
- Sec. 3. The right to worship God according to the dictates of con-
- science shall never be infringed. No person shall be denied
- any civil or political right, privilege or position on ac-
- count of his religious opinions; but the liberty of con-
- science hereby secured shall not be so construed as to ex-
- cuse licentiousness, the invasion of the rights of others,
- or justify practices inconsistent with the peace and safety
- of the state.
-
- No person shall be compelled to attend or support any min-
- istry or place of worship against his consent nor shall any
- preference be given by law to any religious establishment or
- mode of worship. No money or property of the state shall be
- given or appropriated for the benefit of any sectarian or
- religious society or institution.
-
- Sec. 4. The right of petition and of the people peaceably to assem-
- ble to consult for the common good and make known their
- opinions, shall never be abridged.
-
- Sec. 5. Every person may freely speak, write and publish on all sub-
- jects, being responsible for the abuse of that right. In all
- trials for libel, both civil and criminal, the truth, when
- published with good motives and for justifiable ends, shall
- be sufficient defense. The jury shall have the right to
- determine the fact and the law under the direction of the
- court.
-
- Sec. 6. The right of trial by jury shall remain inviolate and shall
- extend to all cases at law without regard to the amount in
- controversy, but the legislature may provide for a jury of
- less than twelve in any court not a court of record and for
- the decision of civil cases by three-fourths of the jury in
- any court.
-
- Sec. 7. In all criminal prosecutions the accused shall have the
- right to defend in person and by counsel; to demand the na-
- ture and cause of the accusation against him; to have a copy
- thereof; to meet the witnesses against him face to face; to
- have compulsory process serve for obtaining witnesses in his
- behalf, and to a speedy trial by an impartial jury of the
- county or district in which the offense is alleged to have
- been committed.
-
- Sec. 8. All persons shall be bailable by sufficient sureties, except
- for capital offenses when the proof is evident or presump-
- tion great. The privilege of the writ of habeas corpus shall
- not be suspended unless when in case of rebellion or inva-
- sion the public safety may require it.
-
- Sec. 9. 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. 10. No person shall be held for a criminal offense unless on the
- presentment or indictment of a grand jury, or information of
- the public prosecutor, except in cases of impeachment, in
- cases cognizable by county courts, by justices of the peace,
- and in cases arising in the army and navy, or in the militia
- when in actual service in time of war or public danger: Pro-
- vided, that the grand jury may be modified or abolished by
- law.
-
- Sec. 11. 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 affidavit, partic-
- ularly describing the place to be searched and the person or
- thing to be seized.
-
- Sec. 12. No ex post facto law, or law impairing the obligation of
- contracts or making any irrevocable grant of privilege,
- franchise or immunity, shall be passed.
-
- Sec. 13 Private property shall not be take for public use, or dam-
- aged, without just compensation, which will be determined
- according to legal procedure established by the Legislature
- and according to Section 6 of this article. No benefit which
- may accrue to the owner as a result of an improvement made
- by any private corporation shall be considered in fixing the
- compensation for property taken or damaged. The fee of land
- taken for railroad tracks or other highways shall remain in
- such owners, subject to the use for which it is taken.
- [adopted 1962]
-
- Sec. 14. No distinction shall ever be made by law between resident
- aliens and citizens, in reference to the possession, enjoy-
- ment or descent of property.
-
- Sec. 15. No person shall be imprisoned for debt arising out of or
- founded upon contract.
-
- Sec. 16. The military shall be in strict subordination to the civil
- power. No soldier shall in time of peace shall be quartered
- in any house without consent of the owner. nor in time of
- war except in the manner prescribed by law.
-
- Sec. 17. No tax or duty shall be imposed without the consent of the
- people or their representatives in the legislature, and all
- taxation shall be equal and uniform.
-
- Sec. 18. No law shall be passed granting to any citizen, class of
- citizens or corporation, privileges or immunities which
- upon the same terms shall not equally belong to all citizens
- or corporations.
-
- Sec. 19. Elections shall be free and equal, and no power, civil or
- military, shall at any time interfere to prevent the free
- exercise of the right of suffrage. Soldiers in time of war
- may vote at their post of duty in or out of the state, under
- regulations to be prescribed by the legislature.
-
- Sec. 20. All courts shall be open, and every man for an injury done
- him in his property, person or reputation, shall have remedy
- by due course of law, and right and justice, administered
- without denial or delay.
-
- Sec. 21. No power of suspending laws shall be exercised, unless by
- the legislature or its authority.
-
- Sec. 22. No person shall be attainted of treason or felony by the
- legislature.
-
- Sec. 23. Excessive bail shall not be required, excessive fines im-
- posed, nor cruel punishments inflicted.
-
- Sec. 24. The right of citizens to bear arms in defense of themselves
- and the state shall not be denied.
-
- Sec. 25. Treason against the State shall consist only in levying war
- against it, or in adhering to its enemies, or in giving them
- aid and comfort. No person shall be convicted of treason un-
- less on the testimony of two witnesses to the same overt act
- or confession in open court.
-
- Sec. 26. All political power is inherent in the people, and all free
- government is founded on their authority and is instituted
- for their equal protection and benefit, and they have the
- right in lawful and constituted methods to alter or reform
- their forms of government in such manner as they may think
- proper. And the state of South Dakota is an inseparable part
- of the American Union and the constitution of the United
- States is the supreme law of the land.
-
- Sec. 27. The blessings of a free government can only be maintained by
- a firm adherence to justice, moderation, temperance, frugal-
- ity and virtue and by frequent recurrence to fundamental
- principles.
-
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