ARKANSAS DECLARATION OF RIGHTS
(Article II of the 1874 Constitution of Arkansas)
As amended to 1975
ARTICLE II
DECLARATION OF RIGHTS
Section 1. All political power is inherent in the people, and government is
instituted for their protection, security and benefit; and they have the
right to alter reform or abolish the same in such manner as they may think
proper.
Sec. 2. All men are created equally free and independent, and have certain
inherent and inalienable rights; amongst which are those of enjoying and
defending life and liberty; of acquiring, possessing and protecting property
and reputation; and of pursuing their own happiness. To secure these rights,
governments are instituted among men deriving their just powers from the
consent of the governed.
Sec. 3. The equality of all persons before the law is recognized and shall
ever remain inviolate; nor shall any citizen ever be deprived of any right,
privilege or immunity; nor exempted from any burden or duty on account of
race color or previous condition.
Sec. 4. The right of the people peaceably to assemble, to consult for the
Common good; and to petition, by address or remonstrance, the government, or
any department thereof, shall never be abridged.
Sec. 5. The citizens of this state shall have the right to keep and bear
arms for their common defense.
Sec. 6. The liberty of the press shall forever remain inviolate. The free
communication of thoughts and opinions is one of the invaluable rights of
man; and all persons may freely write and publish their sentiments on all
subjects, being responsible for the abuse of such right. In all criminal
prosecution 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
charged shall be acquitted.
Sec. 7. The right of trial by jury shall remain inviolate, and shall
extend to all cases at law, without regard to the amount in controversy; but
a jury trial may be waived by the parties in allcases, in the manner
prescribed by law.
Sec. 8. No person shall be held to answer a criminal charge unless on the
presentment or indictment of a grand jury, except in cases of impeachment or
cases such as the General Assembly shall make cognizable by justices of the
peace, and courts of similar jurisdiction; or Cases arising in the army and
navy of the United States; or in the militia when in actual service in time
of war or public danger; and no person, for the same offense, shall be twice
put in jeopardy of life or liberty; but if, in any criminal prosecution, the
jury be divided in opinion, the court before which the trial shall be had,
may, in its discretion, discharge the jury, and commit or bail the accused
for trial, at the same or the next term of said Court; nor shall any person
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. All
persons shall, before conviction, be bailable by sufficient sureties, except
for capital offenses, when the proof is evident or the presumption great.
Sec. 9. Excessive bail shall not be required; nor shall excessive fines be
imposed; nor shall cruel or unusual punishment be inflicted; nor witnesses be
unreasonably detained.
Sec. 10. In all criminal prosecutions, the accused shall enjoy the right to
a speedy and public trial, by an impartial jury of the county in which the
crime shall have been committed; provided that the venue may be changed to
any other county of the judicial district in which the indictment is found,
upon the application of the accused, in such manner as now is, or may be
prescribed by law; and to be informed of the nature and cause of the
accusation against him, and to have a copy thereof; and to be confronted with
the witnesses against him; to have compulsory process for obtaining witnesses
in his favor; and to be heard by himself and his counsel.
Sec. 11. The privilege of the writ of habeas corpus shall not be suspended;
except by the General Assembly, in case of rebellion, insurrection, or
invasion, when the public safety may require it.
Sec. 12. No power of suspending or setting aside the law or laws of the
State, shall ever be exercised except by the General Assembly.
Sec. 13. Every person is entitled to a certain remedy in the laws for all
injuries or wrongs he may receive in his person, property or character; he
ought to obtain justice freely, and without purchase; completely and without
denial; promptly and without delay; conformably to the laws.
Sec. 14. Treason against the State shall only consist in levying and making
war against the same, or in 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 on confession in open court.
Sec. 15. The right of the people of this State to be secure in their
persons, houses, papers, and effects, against unreasonable searches and
seizures, shall not be violated; and no warrant shall issue, except upon
probable cause, supported by oath or affirmation, and particularly describing
the place to be searched, and the person or thing to be seized.
Sec. 16. No person shall be imprisoned for debt in any civil action, or
mesne or final process, unless in cases of fraud.
Sec. 17. No bill of attainder, ex post facto law, or law impairing the
obligation of contracts shall ever be passed; and no conviction shall work
corruption of blood or forfeiture of estate.
Sec. 18. The General Assembly shall not grant to any citizen, or class of
citizens, privileges or immunities which, upon the same terms, shall not
equally belong to all citizens.
Sec. 19. Perpetuities and monopolies are contrary to the genius of a
republic, and shall not be allowed; nor shall any hereditary emoluments,
privileges or honors ever be granted or conferred in this State.
Sec. 20. No distinction shall ever be made by law, between resident aliens
and citizens, in regard to the possession, enjoyment or descent of property.
Sec. 21. No person shall be taken or imprisoned, or disseized of his estate,
freehold, liberties or privileges; or outlawed, or in any manner destroyed,
or deprived of his life, liberty, or property; except, by the judgment of his
peers or the law of the land; nor shall any person, under any circumstances,
be exiled from the State.
Sec. 22. The right of property is before and higher than any constitutional
sanction; and private property shall not be taken, appropriated or damaged
for public use, without just compensation therefor.
Sec. 23. The State's ancient right of eminent domain and of taxation, is
herein fully and expressly conceded, and the General Assembly may delegate
the taxing power, with the necessary restriction, to the State's subordinate
political and municipal corporations, to the extent of providing for their
existence, maintenance and well being, but no further.
Sec. 24. All men have a natural and indefeasible right to worship Almighty
God according to the dictates of their own consciences; no man can, of right,
be compelled to attend, erect, or support any place of worship; or to
maintain any ministry against his consent. No human authority can, in any
case or manner whatsoever, control or interfere with the right of conscience;
and no preference shall ever be given, by law, to any religious
establishment, denomination or mode of worship, above any other.
Sec. 25. Religion, morality and knowledge being essential to good
government, the General Assembly shall enact suitable laws to protect every
religious denomination in the peaceable enjoyment of its own mode of public
worship.
Sec. 26. No religious test shall ever be required of any person as a
qualification to vote or hold office; nor shall any person be rendered
incompetent to be a witness on account of his religious belief; but nothing
herein shall be construed to dispense with oaths or affirmations.
Sec. 27. There shall be no slavery in this State, nor involuntary servitude,
except as a punishment for crime. No standing army shall be kept in time of
peace; the military shall, at all times be in strict subordination to the
civil power; and no soldier shall be quartered in any house, or on any
premises, without the consent of the owner, in time of peace; nor in time of
war, except in a manner prescribed by law.
Sec. 28. All lands in this State are declared to be allodial; and feudal
tenures of every description, with all their incidents, are prohibited.
Sec. 29. This enumeration of rights shall not be construed to deny or
disparage others retained by the people; and to guard against any
encroachments on the rights herein retained, or any transgression of any of
the higher powers herein delegated, we declare that everything in this
article is excepted out of the general powers of the government; and shall
forever remain inviolate; and that all laws contrary thereto, or to the other
provisions herein contained shall be void.