PREAMBLE

Grateful to Almighty God for life and liberty, we, the people of Utah, in order to secure and perpetuate the principles of free government do ordain and establish this Constitution.

CONSTITUTION

Article I.—Declaration of Rights.

Section 1. —All men have equal, inherent and inalienable rights, among which are these:

To enjoy and defend their lives and liberties.

To acquire, possess and protect property.

To worship according to the dictates of their consciences.

To peaceably assemble, pretest against wrongs and petition for redress of grievances.

To freely communicate their thoughts and opinions, being responsible for the abuse of that right.

Sec. 2—All political power is inherent in the people and all free governments are founded on their authority and instituted for their equal protection and benefit and they have the right to alter or reform their government as the public welfare may require.

Sec. 3—The state of Utah is an inseparable part of the federal union and the Constitution of the United States is the supreme law of the land.

Sec. 4—The rights of conscience shall never be infringed. Perfect toleration of religious sentiment is guaranteed. The state shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; no religious test or property qualification shall be required for an office of public trust, or for any vote at any election; nor shall any person be incompetent as a witness or juror on account of religious belief or the absence thereof. There shall be no union of church and state, nor shall any church dominate the state, or interfere with its functions. No public money or property shall be appropriated for or applied to any worship, exercise, or instruction, or for the support of any ecclesiastical establishment.

Habeas Corpus.

Sec. 5—The privilege of the writ of habeas corpus shall not be suspended unless when, in case of rebellion or invasion the public safety imperatively demands it.

Sec. 6—The people have the right to bear arms for their security and defense, but the legislature may regulate the exercise of this right by law.

Sec. 7—No person shall be deprived of life, liberty, or property, or be outlawed or exiled, without due process of law.

Sec. 8—All prisoners shall be bailable by sufficient sureties, except for capital offenses when the proof is evident or the presumption strong.

Sec. 9—Excessive bail shall not be required; excessive fines shall not be imposed; nor shall cruel and unusual punishments be inflicted. Persons arrested or imprisoned shall not be treated with unnecessary rigor.

Sec. 10—The right of trial by jury shall remain inviolate; but the legislature may provide for a jury of any number 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 the jury in civil cases where the consent of the parties interested is given thereto in open court.

Sec. 11—All courts shall be open, and every person, for an injury done to him in his person, property or reputation, shall have remedy by due course of law, and right and justice shall be administered without sale, denial or delay.

Right of Defense.

Sec. 12—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 the his own behalf, to have a speedy public trial by an impartial jury of the county or district 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 here in guaranteed. The accused shall not be compelled to give evidence against himself; no wife shall be compelled to testify against her husband, and no husband against his wife, nor shall any person be twice put in jeopardy for the same offense.

Sec. 13—Offenses heretofore required to be prosecuted by indictment, shall be prosecuted by information after examination and commitment by a magistrate, or by indictment, with or without such examination and commitment. The grand jury may consist of any number of members, not less than five for more than fifteen, as the judge of the court may order. A grand jury may be drawn and summoned whenever in the opinion of the judge of the district, public interest demands one.

Sec. 14—The right of the people to be made secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue but upon probable cause supported by oath or affirmation, particularly describing the place to be searched and the person or thing to be seized.

Sec. 15—No law shall be passed to abridge or restrain the freedom of speech or of the press. In all criminal prosecutions for libel, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted, and the jury shall have the right to determine the law and the fact.

Sec. 16—There shall be no imprisonment for debt except in cases of absconding debtors.

Sec. 17—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. Soldiers in time of war may vote at their post of duty, in or out of the state, under regulations to be prescribed by law.

Sec. 18—No ex post facto law or law impairing the obligation of contracts shall ever be passed.

Sec. 19—Treason against the state shall consist only in levying war against it, or in 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.

Sec. 20—The military shall be in strict subordination to the civil power, and no soldier shall in time of peace be quartered in any house without the consent of the owner; nor in time of war except in a manner to be prescribed by law.

Sec. 21—No distinction shall ever be made by law between resident aliens and citizens as to the possession, taxation, enjoyment, or descent of property.

No Slavery.

Sec. 22—Neither slavery nor involuntary servitude, except as a punishment for a crime, whereof the party shall have been duly convicted, shall exist within this state.

Sec. 23—Private property shall not be taken or damaged for public use without just compensation.

Sec. 24—Private property shall not be taken for private uses unless by consent of the owner, except for private ways of necessity, and for reservoirs, drains, flumes, or ditches, on or across the lands of others, for agriculture, mining, milling, domestic or sanitary purposes, and in no case shall such property be taken without due compensation.

Sec. 25—The right of every citizen to the fruits of his labor, and his freedom to sell the same, shall not be a bridged, and shall be protected.

Sec. 26—The provisions of this constitution are mandatory and prohibitory, unless by express words they are declared to be otherwise.

Sec. 27—All laws of a general nature shall have a uniform operation.

Sec. 28—This enumeration of rights shall not be construed to impair or deny others retained by the people.

Sec. 29—Frequent recurrence to fundamental principles is essential to the security of individual right and the perpetuity of free government.

• Article on Preamble and Declaration of Rights [Article No. 2] (introduced on 1895-03-18 10:00:00 - CREATE - e697164) [This document] [view current proposal at this moment]
  • None (introduced on 1895-03-18 10:00:00 - REPORT_PROPOSAL - e697166) [view current proposal at this moment]