Art. Sec. Senate of the United States (continued)—— shall not be questioned elsewhere for any speech or debate in shall not be appointed to certain offices..... Senators and Representatives, election of, how prescribed............ who are disqualified from being....... Senator, shall not be an elector of President.................. Slavery, abolished.... Slaves. See Persons. 1 Amendment Speaker, how chosen....... States, restrictions on powers of........ 1 new, may be admitted into the Union........ how formed within the jurisdiction of other, or by the junc- Judges of, bound to consider Constitution and laws of United majority of all necessary to the choice of President.......... Taxes, on persons imported, not to exceed ten dollars........... capitation or direct, shall be laid only in proportion to census Territory, or property of the United States, Congress to make rules Test, religious, shall not be required...... Titles. See Nobility........ Title, from foreign State. See Presents... Treasury, money drawn from, only by appropriation... Treason, defined... Treaties, the supreme law. Vacancies, how filled....... in representation in Congress, how filled.. 43676 Vessels, to enter, clear, and pay duties in the States in which they arrive, or from which they depart........ Vice President, of the United States, how elected-twelfth amendment, also...... qualifications for-twelfth amendment. shall, in certain cases, discharge the duties of President..... Vote, all citizens entitled to......... Vote, etc., how passed. See Resolution..... Warrants, for searches, etc., when and how to issue-fourth amendment... 4 Witness, in criminal cases, no one compelled to be against himselffifth amendment........... 5 CONSTITUTION OF CALIFORNIA. ADOPTED BY THE CONVENTION, OCTOBER TENTH, EIGHTEEN HUNDRED AND FORTY-NINE; RATIFIED BY THE PEOPLE, NOVEMBER THIRTEENTH, EIGHTEEN HUNDRED AND FORTY-NINE; PROCLAIMED, DECEMBER TWENTIETH, EIGHTEEN HUNDRED AND FORTY-NINE; AND AMENDED, EIGHTEEN HUNDRED AND SIXTY-TWO. PREAMBLE. WE, the People of California, grateful to Almighty God for our freedom, in order to secure its blessings, do establish this Constitution. ARTICLE I. DECLARATION OF RIGHTS. III. DISTRIBUTION OF POWERS. VI. JUDICIAL DEPARTMENT. VIII. STATE DEBTS. IX. EDUCATION. X. MODE OF AMENDING AND REVISING THE CONSTI TUTION. XI. PROMISCUOUS PROVISIONS. XII. BOUNDARY. SCHEDULE. ARTICLE 1. SECTION 1. Inalienable rights. 2. Popular government. Inalienable rights. Popular government. Jury trial. Religious worship, and liberty of SECTION 3. Jury trial. 4. Religious worship, and liberty of conscience. 6. Excessive bail, fines, and punishments. 7. All offenses bailable-one exception. 8. Personal rights, and rights of property. 9. Liberty of speech and press, and law of libel. 10. Popular assemblies. 11. Uniformity of general laws. 12. Military power. 13. Quartering of soldiers. 14. Representation. 15. Imprisonment for debt. 16. Laws prohibited. 17. Rights of foreigners. 18. Slavery prohibited. 19. Search warrants. 20. Treason defined, and how punished. 21. Popular rights retained by the people. SECTION 1. All men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty; acquiring, possessing, and protecting property, and pursuing and obtaining safety and happiness. SEC. 2. All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people, and they have the right to alter or reform the same whenever the public good may require it. SEC. 3. The right of trial by jury shall be secured to all, and remain inviolate forever; but a jury trial may be waived by the parties, in all civil cases, in the manner to be prescribed by law. SEC. 4. The free exercise and enjoyment of religious profession and worship, without discrimination or prefer conscience. ence, shall forever be allowed in this State; and no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State. SEC. 5. The privilege of the writ of habeas corpus Habeas shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require its suspension. corpus. bail, fines, and pun SEC. 6. Excessive bail shall not be required, nor exces- Excessive sive fines imposed; nor shall cruel or unusual punishments be inflicted; nor shall witnesses be unreasonably detained. SEC. 7. All persons shall be bailable by sufficient sureties, unless for capital offenses when the proof is evident or the presumption great. SEC. 8. No person shall be held to answer for a capital or otherwise infamous crime (except in cases of impeachment, and in cases of militia when in actual service, and the land and naval forces in time of war, or which this State may keep, with the consent of Congress, in time of peace, and in cases of petit larceny, under the regulation of the Legislature) unless on presentment or indictment of a Grand Jury; and, in any trial in any Court whatever, the party accused shall be allowed to appear and defend, in person and with counsel, as in civil actions. No person shall be subject to be put twice in jeopardy for the same offense; nor shall he be compelled, in any criminal case, to be a witness against himself; nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation. SEC. 9. Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions on indictments for libels, 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. ishments. |