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CONSTITUTION OF THE STATE OF MAINE
(as amended to Jan. 1, 1973)
PREAMBLE
We the people of Maine, in order to establish justice, in-
sure tranquility, provide for our mutual defense, promote
our common welfare, and secure to our selves and our poster-
ity the blessings of liberty, acknowledging with gratefu l
hearts the goodness of the Sovereign Ruler of the Universe
in affording us an opportunity, so favorable to the design;
and, imploring His aid and direct ion in its accomplishment,
do agree to form ourselves into a free and independent
State, by the style and title of the STATE OF MAINE, and do
ordain and establish the following Constitution for the gov-
ernment of the same.
ARTICLE I
DECLARATION OF RIGHTS
Art. 1. All men are born equally free and independent, and have cer-
tain natural, inherent, and unalienable rights, among which
are those of enjoying and defending Life and Liberty, ac-
quiring, possessing, and protecting property; and of pursu-
ing and obtaining safety and happiness.
Sec. 2. All power is inherent in the people; all free governments
are fou nded in their authority and instituted for their
benefit; they have therefore an unalienable and indefeasible
right to institute government, and to alter, reform, or
totally change the same, when their safety and happiness
require it.
Sec. 3. All men have a natural and unalienable right to worship Al-
mighty God according to the dictates of their own consci-
ences, and no one shall be h urt, molested or restrained in
his person, liberty or estate for worshipping God in the
manner and season most agreeable to the dictates of his own
conscience, nor for his religious professions or senti-
ments, provided he does not d isturb the public peace, nor
obstruct others in their religious worship; - An d all
persons demeaning themselves peaceably, as good members of
the state, shall be equally under the protection of the
laws, and no subordination nor preference of any one sect or
denomination to another shall ever be established by law,
nor shall any religious test be req uired as a qualification
for any office or trust, under this State; and all relig-
ious societies in this State, whether incorporate or unin-
corporate, shall at all times have the exclusive right of
electing their public teachers, and contracting with them
for their support and maintenance.
Sec. 4. Every citizen may freely speak, write and publish his senti-
ments on any subject, being responsible for the abuse of
this liberty; no laws shal l be passed regulating or re-
straining the freedom of the press; and in prosec utions for
any publication respecting the official conduct of men in
public c apacity, or the qualifications of those who are
candidates for the suffrages of the people, or where the
matter published is proper for public informatio n, the
truth thereof may be given in evidence and in all indict-
ments for libels, the jury, after having received the dire
ction of the court, shall have a right to determine, at
their discretion, the law and the fact.
Sec. 5. The people shall be secure in their persons, houses, papers
and possessions from all unreasonable searches and seiz-
ures; and no warrant to sear ch any place, or seize any
person or thing, shall issue without a special des ignation
of the place to be searched, and the person or thing to be
seized, n or without probable cause - supported by oath or
affirmation.
Sec. 6. In all criminal prosecutions, the accused shall have a right
to be heard by himself and his counsel, or either, at his
election; To demand the nature and cause of the accusation,
and have a copy thereof; to be confronted by the witnesses
against him; to have compulsory process for obtaining witnes
ses in his favor; to have a speedy, public and impartial
trial, and, except in trials by martial law or impeachment,
by a jury of the vicinity. He shall not be compelled to fur-
nish or give evidence against himself, nor be deprived of
his life, liberty, property or privileges, but by judgement
of his peers or the law of the land.
Sec. 6-A. No person shall be deprived of life, liberty, or property
without due process of law, nor be denied the equal pro-
tection of the laws, nor be denied the enjoyment of his
civil rights or be discriminated against in the exercise
thereof.
Sec. 7. No person shall be held to answer for a capital or infamous
crime, unless on a presentment or indictment of a grand
jury, except in cases of impeachment, or in such cases of
offenses, as are usually cognizable by a justice of the
peace, or in cases arising in the army or navy, or in the
militia when in actual service in time of war or public
danger. The Legislature shall provide by law a suitable and
impartial mode of selecting juries, and their usual number
and unanimity, in indictments and convictions, shall be held
indispensable.
Sec. 8. No person, for the same offense, shall be twice put in jeo-
pardy of life or limb.
Sec. 9. Sanguinary laws shall not be passed: all penalties and pun-
ishments shall be proportioned to the offence: excessive
bail shall not be required, nor excessive fines imposed, nor
cruel nor unusual punishments inflicted
Sec. 10. No person before conviction shall be bailable for any of the
crimes which now are, or have been denominated capital of-
fences since the adoption fo the Constitution, where the
proof is evident or the presumption great, whatever the
punishment of the crimes may be. And the privilege of the
writ of habeas corpus shall not be suspended, unless when in
cases of rebellion or invasion the public safety may require
it. [amended by amendment ii]
Sec. 11. The Legislature shall pass no bill of attainder, ex post
facto law, nor law impairing the obligation of contracts,
and no attainder shall work corruption of blood nor for-
feiture of estate.
Sec. 12. Treason against the state shall consist only in levying war
against it, adhering to its enemies, 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.
Sec. 13. The laws shall not be suspended but by the Legislature or
its authority.
Sec. 14. No person shall be subject to corporal punishment under mil-
itary law, except such as are employed in the army or navy,
or in the militia when in actual service in time of war or
public danger.
Sec. 15. The people have a right at all times in an orderly and
peaceable manner to assemble to consult upon the common
good, to give instructions to their Representatives, and to
request, of either department of the government by petition
or remonstrance, redress of their wrongs and grievances.
Sec. 16. Every citizen has a right to keep and bear arms for the com-
mon defence; and this right shall never be questioned.
Sec. 17. No standing army shall be kept up in time of peace without
the consent of the Legislature, and the military shall, in
all cases, and at all times, be in strict subordination to
the civil power.
Sec. 18. No soldier shall in time of peace be quartered in any house
with out the consent of the owner or occupant, nor in time
of war, but in a manner to be prescribed by law.
Sec. 19. Every person, for an injury done him in his person, reputa-
tion, property or immunities, shall have remedy by due
course of law; and right and justice shall be administered
freely and without sale, completely and without denial,
promptly and without delay.
Sec. 20. In all civil suits, and in all controversies concerning
property , the parties shall have a right to a trial by
jury, except in cases where it has heretofore been otherwise
practiced: the party claiming the right may be heard by
himself and his counsel, or either, at his election.
Sec. 21. Private property shall not be taken for public uses without
just compensation; nor unless the public exigencies require
it.
Sec. 22. No tax or duty shall be imposed without the consent of the
people or their Representatives in the Legislature.
Sec. 23. No title of nobility or hereditary distinction, privilege,
honor or emolument, shall ever be granted or confirmed, nor
shall any office be cre ated, the appointment to which shall
be for a longer time than during good be havior.
Sec. 24. The enumeration of certain rights shall not impair nor deny
others retained by the people.