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  1. Overview: Arizona Constitutional Convention (1910) [2023 Edition]
  2. Full Record: Arizona Constitutional Convention (1910) [2023 Edition]
  3. Committee:Convention
  4. Session: 1910-11-29 09:30:00
  5. Event type: CREATE_FROM

Arizona Constitutional Convention (1910) [2023 Edition]

Convention

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Document introduced in:

Session 16242: 1910-11-29 09:30:00

The Convention adopts Memorial Number 1. Proposition Number 60 is indefinitely postponed. Proposition Numbers 43, 119, and Substitute Proposition Number 94 are read a third time and referred to the Committee on Style.

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Substitute Proposition Number 94

There are 0 proposed amendments related to this document on which decisions have not been taken.

DECLARATION OF RIGHTS

Section 1. A frequent recurrence to fundamental principles is essential to the security of individual right and the perpetuity of free government.

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 enacted.

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. The liberty of conscience secured by the provision of this Constitution; 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 enacted 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 privileges 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 and unusual punishment inflicted.

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

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 and 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 thereof be first made in money, or ascertained and paid into 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 bribery or illegal rebating, 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 provision may be made by law 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 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 the 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 provided.

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.

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 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.

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