DECLARATION OF RIGHTS

Section 1. All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights.

Section 2. The Constitution of the United States is the supreme law of the land.

Section 3. No person shall be deprived of life, liberty or property without due process of law.

Section 4. The right of petition, and of the people peaceably to assemble for the common good, shall never be abridged.

Section 5. Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that right.

Section 6. The mode of administering an oath, or affirmation, shall be such as may be most consistent with and binding upon the conscience of the person to whom such oath, or affirmation, may be administered.

Section 7. No person shall be disturbed in his private affairs, or his home invaded, without authority of law.

Section 8. No law granting irrevocably any privilege, franchise or immunity shall be passed by the Legislature.

Section 9. No person shall be compelled in any criminal case to give evidence against himself, or be twice put in jeopardy for the same offence.

Section 10. Justice in all cases shall be administered openly, and without unnecessary delay.

Section 11. Absolute freedom of conscience in all matters of religious sentiment, belief, and worship, shall be guaranteed to every individual, and no one shall be molested or disturbed in person or property on account of religion, (or lack of the same), but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace and safety of the State. No public money or property shall be appropriated for or applied to any religious worship, exercise or instruction, or the support of any religious establishment. No religious qualification shall be required for any public office or employment, nor shall any person be incompetent as a witness or juror in consequence of his opinion on matters of religion, nor be questioned in any court of justice touching his religious belief to affect the weight of his testimony.

Section 12. No law shall be passed granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which, upon the same terms, shall not equally belong to all citizens or corporations.

Section 13. The privilege of the writ of habeas corpus shall not be suspended by the authorities of the State.

Section 14. Excessive bail shall not be required, excessive fines imposed, nor cruel punishment inflicted.

Section 15. No conviction shall work corruption of blood, nor forfeiture of estate.

Section 16. Private property shall not be taken for private use, except, for private ways of necessity, and for drains, flumes, or ditches, on or across the lands of others for mining, agricultural, domestic or sanitary purposes. No private property shall be taken or damaged for public or private use without just compensation having been first made, or paid into court for the owner, and no right-of-way shall be appropriated to the use of any corporation other than municipal, until full compensation therefor be first made in money, or ascertained and paid into the court for the owner, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury, unless a jury be waived as in other civil cases in courts of record, in the manner prescribed by law. Whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really public shall be a judicial question, and determined as such without regard to any legislative assertion that the use is public.

Section 17. There shall be no imprisonment for debt, except in cases of fraud.

Section 18. Any person having knowledge or possession of facts that tend to establish the guilt of any other person or corporation charged with an offence against the laws of the State, shall not be excused from giving testimony or producing evidence when legally called upon so to do on the ground that it may tend to incriminate him under the laws of the State; but no person shall be prosecuted or subject to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may so testify or produce evidence.

Section 19. The military shall be in strict subordination to the civil power.

Section 20. All 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.

Section 21. All persons charged with crime shall be bailable by sufficient sureties, except for murder and treason, when the proof is evident, or the presumption great.

Section 22. The right of trial by jury shall remain inviolate, but the Legislature may provide for a jury of any number of less than twelve in courts not of record, and for a verdict by nine or more jurors in civil or criminal cases in any court of record, and for waiving of the jury in civil cases where the consent of the parties interested is given thereto.

Section 23. 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 meet the witnesses against him face to face, 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 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 guranteed.

Section 24. Capital punishment is prohibited, and no court shall have the right to take a human life as punishment for crime.

Section 25. The right of prisoners accused of crime to be inviolate in person shall not be denied or abridged, and any police, peace officer or other officer who shall, for the purpose of extorting confession or other evidence from any prisoner, interrogate such prisoner under the "third degree" or use any physical or mental torture for such purpose, upon such prisoner, shall be guilty of a crime and no evidence gained by the manner herein forbidden shall be received in any court of law. The Legislature is hereby empowered, and instructed to fix an appropriate punishment for such crime.

Section 26. Grand juries shall be drawn and summoned only by order of the superior court.

Section 27. Offenses heretofore required to be prosecuted by indictment may be prosecuted by information or by indictment, as shall be prescribed by law.

Section 28. No law shall be enacted by the state of Arizona granting any right or privilege to any person, firm or corporation, the exercise of which right or privilege shall endanger the life, liberty, peace, safety or moral welfare of the citizens of the State.

Section 29. The people shall at all times have the right to organize into unions, alliances, or otherwise, for the advancement of their interests to abstain either individually or collectively from work for any employer for any reason deemed sufficient by them; to abstain either individually or collectively from dealing with or patronizing any individual, firm, corporation, or association; and freely to speak, write, or publish their sentiments concerning such abstinence.

Section 30. Any person accused of violating or disobeying, when not in the presence or hearing of the court, or judge sitting as such, any order or injunction or restraint, made or entered by any court or judge of the State shall, before penalty or punishment is imposed, be entitled to a trial by jury as to the guilt or innocence of the accused. In no case shall a penalty or punishment be imposed for contempt, until an opportunity to be heard is given.

Section 31. No bill of attainder, ex post facto law, or law impairing the obligation of contracts shall ever be passed.

Section 32. The right of the individual citizen to bear arms in defense of himself or the State shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain or employ an armed body of men.

Section 33. No standing army shall be kept up by this State in time of peace, and no soldiers shall in time of peace be quartered in any house without the consent of its owner, nor in time of war except in the manner prescribed by law.

Section 34. A frequent recurrence to fundamental principles is essential to the security of individual right and the perpetuity of free government.

Section 35. Treason against the State shall consist only in levying war against the State, or 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, or confession in open court.

Section 36. No hereditary emoluments, privileges or powers shall be granted or conferred and no law shall be enacted permitting any perpetuity or entailment in this State.

Section 37. The provisions of this Constitution are mandatory, unless by express words they are declared to be otherwise.

Section 38. The enumeration in this Constitution of certain rights shall not be construed to deny others retained by the people.

• Substitute Proposition Number 94 (introduced on 1910-11-21 14:00:00 - CREATE - e939950) [This document] [view current proposal at this moment]
  • None (introduced on 1910-11-21 14:00:00 - REPORT_PROPOSAL - e939953) [view current proposal at this moment]