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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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