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-
-
-
- CONSTITUTION
- OF THE
- STATE OF VIRGINIA
-
- ARTICLE I
-
- BILL OF RIGHTS
-
- A declaration of rights made by the good people of Virginia
- in the exercise of their sovereign powers, which rights do
- pertain to them and their posterity, as the basis and found-
- ation of government.
-
- Sec. 1. That all men are by nature equally free and independent and
- have certain inherent rights, of which, when they enter into
- a state of society, they cannot, by any compact, deprive or
- divest their posterity; namely, the enjoyment of life and
- liberty, with the means of acquiring and possessing prop-
- erty, and pursuing and obtaining happiness and safety.
-
- Sec. 2. That all power is vested in, and consequently derived from,
- the people, that magistrates are their trustees and ser-
- vants, and at all times amenable to them.
-
- Sec. 3. That government is, or ought to be, instituted for the com-
- mon benefit, protection, and security of the people, nation
- or community; of all the various modes and forms of govern-
- ment, that is best which is capable of producing the great-
- est degree of happiness and safety, and is most effectually
- secured against the danger of maladministration; and, when-
- ever any government shall be found inadequate or contrary to
- these purposes, a majority of the community hath an indubit-
- able, inalienable, and indefeasible right to reform, alter,
- or abolish it, in such manner as shall be judged most con-
- ducive to the public weal.
-
- Sec. 4. That no man, or set of men, is entitled to exclusive or sep-
- arate emoluments or privileges from the community, but in
- consideration of public services; which not being descend-
- ible, neither ought the offices of magistrates, legislator,
- or judge to be hereditary.
-
- Sec. 5. That the legislative, executive, and judicial departments of
- the Commonwealth should be separate and distinct; and that
- the members thereof may be restrained from oppression, by
- feeling and participating the burthens of the people, they
- should, at fixed periods, be reduced to a private station,
- return into that body from which they were originally taken,
- and the vacancies be supplied by regular elections, in which
- all or any part of the former members shall be again eligi-
- ble, or ineligible, as the laws may direct.
-
- Sec. 6. That all elections ought to be free; and that all men, hav-
- ing sufficient evidence of permanent common interest with,
- and attachment to, the community, have the right of suf-
- frage, and cannot be taxed, or deprived of, or damaged in,
- their property for public uses, without their own consent,
- or that of their representatives duly elected, or bound by
- any law to which they have not, in like manner, assented for
- the public good.
-
- Sec. 7. That all power of suspending laws, or the execution of laws,
- by any authority, without consent of the Representatives of
- the people, is injurious to their rights, and ought not to
- be exercised.
-
- Sec. 8. That in criminal prosecutions a man hath a right to demand
- the cause and nature of his accusation, to be confronted
- with the accusers and witnesses, and to call for evidence in
- his favor, and he shall enjoy the right to a speedy and
- public trial, by an impartial jury of his vicinage, without
- whose unanimous consent, he cannot be found guilty. He shall
- not be deprived of life or liberty, except by the law of the
- land or the judgement of his peers, nor be compelled in any
- criminal proceeding to give evidence against himself, nor be
- put twice in jeopardy for the same offense.
-
- Laws may be enacted providing for the trial of offenses not
- felonious by a court not of record without a jury, preser-
- ving the right of the accused to an appeal to and a trial by
- jury in some court of record having original criminal juris-
- diction. Laws may also provide for juries consisting of less
- than twelve, but not less than five, for the trial of of-
- fenses not felonious, and may classify such cases, and pre-
- scribe the number of jurors for each class.
-
- In criminal cases, the accused may plead guilty. If the
- accused plead not guilty, he may, with his consent and the
- concurrence of the Commonwealth's attorney and of the court
- entered of record, be tried by a smaller number of jurors,
- or waive a jury. In cases of such waiver or plea of guilty,
- the court shall try the case.
-
- The provisions of this section shall be self-executing.
-
- Sec. 9. That excessive bail ought not to be required, nor excessive
- fines imposed, nor cruel and unusual punishments inflicted;
- that the privilege of the writ of habeas corpus shall not be
- suspended unless when, in cases of invasion or rebellion,
- the public safety may require; and that the General Assembly
- shall not pass any bill of attainder, or any ex post facto
- law.
-
- Sec. 10. That general warrants, whereby an officer or messenger may
- be commanded to search suspected places without evidence of
- a fact committed, or to seize any person or persons not
- named, or whose offense is not particularly described and
- supported by evidence, are grievous and oppressive, and
- ought not to be granted.
-
- Sec. 11. That no person shall be deprived of his life, liberty, or
- property without due process of law; that the General
- Assembly shall not pass any law impairing the obligation of
- contracts, nor any law whereby private property shall be
- taken or damaged for public uses, without just compensation,
- the term "public uses" to be defined by the General Assem-
- bly; and that the right to be free from any governmental
- discrimination upon the basis of religious conviction,
- race, color, sex, or national origin shall not be abridged,
- except that the mere separation of the sexes shall not be
- considered discrimination.
-
- That in controversies respecting property, and in suits
- between man and man, trial by jury is preferable to any
- other, and ought to be held sacred. The General Assembly may
- limit the number of jurors for civil cases in courts of
- record to not less than five.
-
- Sec. 12. That the freedom of speech and of the press are among the
- great bulwarks of liberty, and can never be restrained ex-
- cept by despotic governments; that any citizen may freely
- speak, write, and publish his sentiments on all subjects,
- being responsible for the abuse of that right; that the
- General Assembly shall not pass any law abridging the free-
- dom of speech or of the press, nor the right of the people
- to peaceably to assemble, and to petition the government for
- the redress of grievances.
-
- Sec. 13. That a well regulated militia, composed of the body of the
- people, trained to arms, is the proper, natural, and safe
- defense of a free state, therefore, the right of the people
- to keep and bear arms shall not be infringed; that standing
- armies, in time of peace, should be avoided as dangerous to
- liberty; and that in all cases the military should be under
- strict subordination to, and governed by, the civil power.
-
- Sec. 14. That the people have a right to uniform government; and,
- therefore, that no government separate from, or independent
- of, the government of Virginia, ought to be erected or es-
- tablished within the limits thereof.
-
- Sec. 15. That no free government, nor the blessings of liberty, can
- be preserved to any people, but by a firm adherence to
- justice, moderation, temperance, frugality, and virtue; by
- frequent recurrence to fundamental principles; and by the
- recognition by all citizens that they have duties as well as
- rights, and that such rights cannot be enjoyed save in a
- society where law is respected and due process is observed.
- That free government rests, as does all progress, upon the
- broadest possible diffusion of knowledge, and that the
- Commonwealth should avail itself of those talents which
- nature has sown so liberally among its people by assuring
- the opportunity for their fullest development by an effec-
- tive system of education throughout the Commonwealth.
-
- Sec. 16. That religion or the duty which we owe our Creator, and the
- manner of discharging it, can be directed only by reason and
- conviction, not by force or violence; and, therefore, all
- men are equally entitled to the free exercise of religion,
- according to the dictates of conscience; and that it is the
- mutual duty of all to practice Christian forbearance, love,
- and charity towards each other. No man shall be compelled to
- frequent or support any religious worship, place, or minis-
- try whatsoever, nor shall be enforced, restrained, molested,
- or burthened in his body or goods, nor shll otherwise suffer
- on account of his religious opinions or belief; but all men
- shall be free to profess and by argument to maintain their
- opinions in matters of religion, and the same shall in no
- wise diminish, enlarge, or affect their civil capacities.
- And the General Assembly shall not prescribe any religious
- test whatever, or confer any peculiar privileges or advan-
- tages on any sect odenomination, orpass any law requiring
- authorizing any religious society, or the people of any dis-
- trict within this Commonwealth, to levy on themselves or
- others, any tax for the erection or repair of any house of
- public worship, or for the support of any church or minis-
- try; but it shall be left free to every person to select his
- religious instructor, and to make for his support such pri-
- vate contract as he shall please.
-
- Sec. 17. The rights enumerated in this Bill of Rights shall not be
- construed to limit other rights of the people not therein
- expressed.
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