Utah State Constitutional Convention 1895 (2020 Edition)

Proceedings and Debates of the Convention Assembled to Adopt a Constitution for the State of Utah

Committee of the Whole

The Committee of the Whole was created with the permanent adoption of rule five in the Standing Rules of the Convention of the State of Utah.

The Committee Secretary's View The Committee Secretary's View

To see the full record of a committee, click on the corresponding committee on the map below.

Document introduced in:

Session 7640: 1895-03-20 16:00:00

Document View:

Article on Preamble and Declaration of Rights [Article No. 2.2]

(Showing state at moment e698436)
There are 8 proposed amendments related to this document on which decisions have not been taken.

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 the inalienable right to enjoy and defend their lives, and liberties; to acquire, possess and protect property; to worship according to the dictates of their conscience; to peaceably assemble, protest against wrongs, and petition for redress of grievances. To freely communicate their thoughts and opinions, being responsible for the abuse of that right.

Section 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.

Section 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.

Section 4

Section 5. The privilege of the writ of habeas corpus shall not be suspended unless in case of rebellion or invasion or the public safety requires it.

Section 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.

Section 7. No person shall be deprived of life, liberty, or property, without due process of law.

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

Section 9. Excessive bail shall not be required; excessive fines shall not be imposed; nor shall cruel and unusual punishment be inflicted.

Section 10. The right of trial by jury shall remain inviolate, but the Legislature may provide a less number of jurors than twelve in prosecution for offences below the grade of felony, and in civil cases. A verdict in such cases may be found by a concurrence of two-thirds of the jurors, and the jury shall be waived in civil cases when not demanded as the Legislature may provide; provided, that a jury in the district court shall not consist of less than nine, and a jury in the county court shall consist of not less than six, and a jury in the justice's court shall consist of not less than three.

Section 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, which shall be administered without sale, denial or unnecessary delay and no person shall be barred from prosecuting or defending before any tribunal in this State by himself or counsel any civil cause to which he is a party.

Section 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 be confronted by the witnesses against him, 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 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 herein 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.

Section 13

Section 14

Section 15

Section 16

Section 17

Section 18

Section 19

Section 20

Section 21

Section 22

Section 23

Section 24

Section 25

Section 26

Section 27

Section 28

Section 29

Decisions yet to be taken

Document Timeline