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862.ARIZONA.TXT
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ARIZONA DECLARATION OF RIGHTS
(Article II of the 1912 Constitution of Arizona As
revised to January, 1975)
ARTICLE II
DECLARATION OF RIGHTS
Sec. 1. A frequent recurrence to fundamental principles is essential
to the security of individual rights and the perpetuity of
free government.
Sec. 2. All political power is inherent in the people, and govern-
ments derive their just powers from the consent of the gov-
erned, and are established to protect and maintain individ-
ual rights.
Sec. 3. The Constitution of the United States is the supreme law of
the land.
Sec. 4. No person shall be deprived of life, liberty, or property
without due process of law.
Sec. 5. The right of petition, and of the people peaceably to assem-
ble for the common good, shall never be abridged.
Sec. 6. Every person may freely speak, write, and publish on all
subjects, being responsible for the abuse of that right.
Sec. 7. The mode of administering an oath, or affirmation, shall be
such as shall be most consistent with and binding upon the
conscience of the person to whom such oath, or affirmation,
may be administered.
Sec. 8. No person shall be disturbed in his private affairs, or his
home invaded, without authority of law.
Sec. 9. No law granting irrevocably any privilege, franchise, or im-
munity shall be enacted.
Sec. 10. 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. 11. Justice in all cases shall be administered openly, and with-
out unnecessary delay.
Sec. 12. The liberty of conscience secured by the provisions 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 wor-
ship, exercise, or instruction, or to 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 conse-
quence of his opinion on matters of religion nor be ques-
tioned touching his religious belief in any court of justice
to affect the weight of his testimony.
Sec. 13. 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.
Sec. 14. The privilege of the writ of habeas corpus shall not be sus-
pended by the authorities of the State.
Sec. 15. Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishment inflicted.
Sec. 16. No conviction shall work corruption of blood, or forfeiture
of estate.
Sec. 17. 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, agri-
cultural, domestic, or sanitary purposes. No private proper-
ty shall be taken or damaged for public or private use with-
out just compensation having first been made, paid into
court for the owner, secured by bond as may be fixed by the
court, or paid into the state treasury for the owner on such
terms and conditions as the legislature may provide, and no
right of way shall be appropriated to the use of any corpor-
ation other than municipal, until full compensation therefor
be first made in money, or ascertained and paid into court
for the owner, irrespective of any benefit from any improve-
ment 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 pre-
scribed 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.
Sec. 18. There shall be no imprisonment for debt, except in cases of
fraud.
Sec. 19. 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 to do so, 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.
Sec. 20. The military shall be in strict subordination to the civil
power.
Sec. 21. 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.
Sec. 22. All persons charged with crime shall be bailable by suffic-
ient sureties, except for: Capital offenses when the proof
is evident or the presumption great.
Sec. 23. The right of trial by jury shall remain inviolate. Juries
in criminal cases in which a sentence of death or imprison-
ment for thirty years or more is authorized by law shall
consist of twelve persons. In all criminal cases the unani-
mous consent of the jurors shall be necessary to render a
verdict. In all other cases, the number of jurors, not less
than six, and the number required to render a verdict, shall
be specified by law.
Sec. 24. 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 guaranteed.
Sec. 25. No bill of attainder, ex-post-facto law, or law impairing
the obligation of a contract, shall ever be enacted.
Sec. 26. 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 individ-
uals or corporations to organize, maintain, or employ an
armed body of men.
Sec. 27. No standing army shall be kept up by this State in time of
peace, and no soldier 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.
Sec. 28. 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 trea-
son unless on the testimony of two witnesses to the same
overt act, or confession in open court.
Sec. 29. 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.
Sec. 30. No person shall be prosecuted criminally in any court of
record for felony or misdemeanor, otherwise than by inform-
ation or indictment; no person shall be prosecuted for
felony by information without having had a preliminary
examination before a magistrate or having waived such
preliminary examination.
Sec. 31. No law shall be enacted in this State limiting the amount of
damages to be recovered for causing the death or injury of
any person.
Sec. 32. The provisions of this Constitution are mandatory, unless by
express words they are declared to be otherwise.
Sec. 33. The enumeration in this Constitution of certain rights shall
not be construed to deny others retained by the people.
Sec. 34. The State of Arizona and each municipal corporation within
the State of Arizona shall have the right to engage in in-
dustrial pursuits.
Note: This document may be incomplete