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CONSTITUTION
OF THE
STATE OF VIRGINIA
ARTICLE I
BILL OF RIGHTS
A declaration of rights made by the good people of Virginia
in the exercise of their sovereign powers, which rights do
pertain to them and their posterity, as the basis and found-
ation of government.
Sec. 1. That all men are by nature equally free and independent and
have certain inherent rights, of which, when they enter into
a state of society, they cannot, by any compact, deprive or
divest their posterity; namely, the enjoyment of life and
liberty, with the means of acquiring and possessing prop-
erty, and pursuing and obtaining happiness and safety.
Sec. 2. That all power is vested in, and consequently derived from,
the people, that magistrates are their trustees and ser-
vants, and at all times amenable to them.
Sec. 3. That government is, or ought to be, instituted for the com-
mon benefit, protection, and security of the people, nation
or community; of all the various modes and forms of govern-
ment, that is best which is capable of producing the great-
est degree of happiness and safety, and is most effectually
secured against the danger of maladministration; and, when-
ever any government shall be found inadequate or contrary to
these purposes, a majority of the community hath an indubit-
able, inalienable, and indefeasible right to reform, alter,
or abolish it, in such manner as shall be judged most con-
ducive to the public weal.
Sec. 4. That no man, or set of men, is entitled to exclusive or sep-
arate emoluments or privileges from the community, but in
consideration of public services; which not being descend-
ible, neither ought the offices of magistrates, legislator,
or judge to be hereditary.
Sec. 5. That the legislative, executive, and judicial departments of
the Commonwealth should be separate and distinct; and that
the members thereof may be restrained from oppression, by
feeling and participating the burthens of the people, they
should, at fixed periods, be reduced to a private station,
return into that body from which they were originally taken,
and the vacancies be supplied by regular elections, in which
all or any part of the former members shall be again eligi-
ble, or ineligible, as the laws may direct.
Sec. 6. That all elections ought to be free; and that all men, hav-
ing sufficient evidence of permanent common interest with,
and attachment to, the community, have the right of suf-
frage, and cannot be taxed, or deprived of, or damaged in,
their property for public uses, without their own consent,
or that of their representatives duly elected, or bound by
any law to which they have not, in like manner, assented for
the public good.
Sec. 7. That all power of suspending laws, or the execution of laws,
by any authority, without consent of the Representatives of
the people, is injurious to their rights, and ought not to
be exercised.
Sec. 8. That in criminal prosecutions a man hath a right to demand
the cause and nature of his accusation, to be confronted
with the accusers and witnesses, and to call for evidence in
his favor, and he shall enjoy the right to a speedy and
public trial, by an impartial jury of his vicinage, without
whose unanimous consent, he cannot be found guilty. He shall
not be deprived of life or liberty, except by the law of the
land or the judgement of his peers, nor be compelled in any
criminal proceeding to give evidence against himself, nor be
put twice in jeopardy for the same offense.
Laws may be enacted providing for the trial of offenses not
felonious by a court not of record without a jury, preser-
ving the right of the accused to an appeal to and a trial by
jury in some court of record having original criminal juris-
diction. Laws may also provide for juries consisting of less
than twelve, but not less than five, for the trial of of-
fenses not felonious, and may classify such cases, and pre-
scribe the number of jurors for each class.
In criminal cases, the accused may plead guilty. If the
accused plead not guilty, he may, with his consent and the
concurrence of the Commonwealth's attorney and of the court
entered of record, be tried by a smaller number of jurors,
or waive a jury. In cases of such waiver or plea of guilty,
the court shall try the case.
The provisions of this section shall be self-executing.
Sec. 9. That excessive bail ought not to be required, nor excessive
fines imposed, nor cruel and unusual punishments inflicted;
that the privilege of the writ of habeas corpus shall not be
suspended unless when, in cases of invasion or rebellion,
the public safety may require; and that the General Assembly
shall not pass any bill of attainder, or any ex post facto
law.
Sec. 10. That general warrants, whereby an officer or messenger may
be commanded to search suspected places without evidence of
a fact committed, or to seize any person or persons not
named, or whose offense is not particularly described and
supported by evidence, are grievous and oppressive, and
ought not to be granted.
Sec. 11. That no person shall be deprived of his life, liberty, or
property without due process of law; that the General
Assembly shall not pass any law impairing the obligation of
contracts, nor any law whereby private property shall be
taken or damaged for public uses, without just compensation,
the term "public uses" to be defined by the General Assem-
bly; and that the right to be free from any governmental
discrimination upon the basis of religious conviction,
race, color, sex, or national origin shall not be abridged,
except that the mere separation of the sexes shall not be
considered discrimination.
That in controversies respecting property, and in suits
between man and man, trial by jury is preferable to any
other, and ought to be held sacred. The General Assembly may
limit the number of jurors for civil cases in courts of
record to not less than five.
Sec. 12. That the freedom of speech and of the press are among the
great bulwarks of liberty, and can never be restrained ex-
cept by despotic governments; that any citizen may freely
speak, write, and publish his sentiments on all subjects,
being responsible for the abuse of that right; that the
General Assembly shall not pass any law abridging the free-
dom of speech or of the press, nor the right of the people
to peaceably to assemble, and to petition the government for
the redress of grievances.
Sec. 13. That a well regulated militia, composed of the body of the
people, trained to arms, is the proper, natural, and safe
defense of a free state, therefore, the right of the people
to keep and bear arms shall not be infringed; that standing
armies, in time of peace, should be avoided as dangerous to
liberty; and that in all cases the military should be under
strict subordination to, and governed by, the civil power.
Sec. 14. That the people have a right to uniform government; and,
therefore, that no government separate from, or independent
of, the government of Virginia, ought to be erected or es-
tablished within the limits thereof.
Sec. 15. That no free government, nor the blessings of liberty, can
be preserved to any people, but by a firm adherence to
justice, moderation, temperance, frugality, and virtue; by
frequent recurrence to fundamental principles; and by the
recognition by all citizens that they have duties as well as
rights, and that such rights cannot be enjoyed save in a
society where law is respected and due process is observed.
That free government rests, as does all progress, upon the
broadest possible diffusion of knowledge, and that the
Commonwealth should avail itself of those talents which
nature has sown so liberally among its people by assuring
the opportunity for their fullest development by an effec-
tive system of education throughout the Commonwealth.
Sec. 16. That religion or the duty which we owe our Creator, and the
manner of discharging it, can be directed only by reason and
conviction, not by force or violence; and, therefore, all
men are equally entitled to the free exercise of religion,
according to the dictates of conscience; and that it is the
mutual duty of all to practice Christian forbearance, love,
and charity towards each other. No man shall be compelled to
frequent or support any religious worship, place, or minis-
try whatsoever, nor shall be enforced, restrained, molested,
or burthened in his body or goods, nor shll otherwise suffer
on account of his religious opinions or belief; but all men
shall be free to profess and by argument to maintain their
opinions in matters of religion, and the same shall in no
wise diminish, enlarge, or affect their civil capacities.
And the General Assembly shall not prescribe any religious
test whatever, or confer any peculiar privileges or advan-
tages on any sect odenomination, orpass any law requiring
authorizing any religious society, or the people of any dis-
trict within this Commonwealth, to levy on themselves or
others, any tax for the erection or repair of any house of
public worship, or for the support of any church or minis-
try; but it shall be left free to every person to select his
religious instructor, and to make for his support such pri-
vate contract as he shall please.
Sec. 17. The rights enumerated in this Bill of Rights shall not be
construed to limit other rights of the people not therein
expressed.
