PREAMBLE

Grateful to Almighty God for life and liberty, we, the people of Utah, in order to secure and perpetuate the principles of free government do ordain and establish this Constitution.

CONSTITUTION

Article I. Declaration of Rights.

Section 1. All men have the inalienable right to enjoy and defend their lives, and liberties; to acquire, possess and protect property; to worship according to the dictates of their conscience; to peaceably assemble, protest against wrongs, and petition for redress of grievances. To freely communicate their thoughts and opinions, being responsible for the abuse of that right.

Section 2. All political power is inherent in the people, and all free governments are founded on their authority and instituted for their equal protection and benefit, and they have the right to alter or reform their government as the public welfare may require.

Section 3. The State of Utah is an inseparable part of the Federal Union, and the Constitution of the United States is the supreme law of the land.

Section 4. The rights of conscience shall never be infringed. Perfect toleration of religious sentiment is guaranteed. The state shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; no religious test shall be required as a qualification for any office of public trust or for any vote, at any election; nor shall any person be incompetent as a witness or juror on account of religious belief or the absence thereof. There shall be no union of church and state, nor shall any church dominate the state, or interfere with its functions. No public money or property shall be appropriated for or applied to any worship, exercise, or instruction, or for the support of any ecclesiastical establishment.

Section 5. The privilege of the writ of habeas corpus shall not be suspended unless in case of rebellion or invasion or the public safety requires it.

Section 6. The people have the right to bear arms for their security and defense, but the legislature may regulate the exercise of this right by law.

Section 7. No person shall be deprived of life, liberty, or property, without due process of law.

Section 8. All prisoners shall be bailable by sufficient sureties, except for capital offenses when the proof is evident or the presumption strong.

Section 9. Excessive bail shall not be required; excessive fines shall not be imposed; nor shall cruel and unusual punishment be inflicted.

Section 10. The right of trial by jury shall remain inviolate, but the Legislature may provide a less number of jurors than twelve in prosecution for offences below the grade of felony, and in civil cases. A verdict in such cases may be found by a concurrence of two-thirds of the jurors, and the jury shall be waived in civil cases when not demanded as the Legislature may provide; provided, that a jury in the district court shall not consist of less than nine, and a jury in the county court shall consist of not less than six, and a jury in the justice's court shall consist of not less than three.

Section 11. All courts shall be open and every person, for an injury done to him in his person, property, or reputation, shall have remedy by due course of law, which shall be administered without sale, denial or unnecessary delay and no person shall be barred from prosecuting or defending before any tribunal in this State by himself or counsel any civil cause to which he is a party.

Section 12. In criminal prosecutions the accused shall have the right to appear and defend in person and by counsel, to demand the nature and cause of the accusation against him, to have a copy thereof, to testify in his own behalf, to be confronted by the witnesses against him, to have compulsory process to compel the attendance of witnesses in his own behalf, to have a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed, and the right to appeal in all cases; and in no instance shall any accused person, before final judgment, be compelled to advance money or fees to secure the rights herein guaranteed. The accused shall not be compelled to give evidence against himself; no wife shall be compelled to testify against her husband, and no husband against his wife, nor shall any person be twice put in jeopardy for the same offense.

Section 13. Offenses heretofore required to be prosecuted by indictment shall be prosecuted by information after examination and commitment by a magistrate, unless the examination be waived by the accused with the consent of the State, by indictment with or without such examination and commitment. The grand jury may consist of any number of members, of not less than five nor more than fifteen, as the judge of the court may order. The grand jury shall consist of seven persons, of whom five must concur on indictment, but no grand jury shall be drawn and examined unless in the opinion of the judge of the district, public interest demands one.

Section 14. The right of the people to be made 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 or thing to be seized.

Section 15. No law shall be passed to abridge or restrain the freedom of speech or of the press. In all criminal prosecutions for libel, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted, and the jury shall have the right to determine the law and the fact.

Section 16. There shall be no imprisonment for debt, except in cases of absconding debtors.

Section 17. All elections shall be free, 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 prescribed by law.

Section 18. No bill of attainder, ex post facto law or law impairing the obligation of contracts shall ever be passed.

Section 19. 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 unless on the testimony of two witnesses to the same overt act.

Section 20. The military shall be in strict subordination to the civil power, and 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 a manner to be prescribed by law.

Section 21. Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist in this State.

Section 22. Private property shall not be taken for public use without just compensation first made, and no private property shall be damaged for public use without just compensation to be determined by a competent tribunal.

Section 24. No law shall ever be passed granting irrevocably any franchise, privilege or immunity.Section 23. Private property shall not be taken for private use, or damaged, unless by consent of the owner, except for private ways of necessity, and for necessary reservoirs, drains, flumes, sewers, conduits, pipes, or ditches, on or across the lands of others, for agriculture, mining, milling, domestic or sanitary purposes, and in no case shall such property be taken without due compensation first being made.

Section 25. This enumeration of rights shall not be construed to impair or deny others retained by the people.

Section 25. The provisions of this Constitution are mandatory and prohibitory, unless by express words they are declared to be otherwise.

Section 26. All laws of a general nature shall have uniform operation.

Section 27. This enumeration of rights shall not be construed to impair or deny others retained by the people.

Section 28. Frequent recurrence to fundamental principles is essential to the security of individual rights and the perpetuity of free government.

• Article on Preamble and Declaration of Rights [Article No. 2.3] (introduced on 1895-04-03 00:00:00 - CREATE_FROM - e697926) [This document]

• Article on Preamble and Declaration of Rights [Article No. 2.3] (introduced on 1895-04-03 00:00:00 - CREATE_FROM - e697926) [This document] [view current proposal at this moment]