ber of electors appointed, and if no person have a majority, then ARTICLE XIII Section I. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place sub Abolition of 1865. De ject to their jurisdiction. Section 2. Congress shall have power to enforce this article clared in by appropriate legislation. force Dec. 18, 1865.) ARTICLE XIV Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protec tion of the laws. Section 2. Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each State, excluding Indians not. taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, representatives in Congress, the executive and judicial officers of a State, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. Disabilities of officials engaged in rebellion. Validity of war debt. Voting rights of citizens of the U.S. Section 3. No person shall be a senator or representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by two-thirds vote of each House, remove such disability, Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations, and claims shall be held illegal and void. Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. ARTICLE XV 1 Section I. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. Section 2. The Congress shall have power to enforce this article by appropriate legislation. 1 Proposed February 27, 1869. Declared in force March 30, 1870. CONSTITUTION OF CALIFORNIA1 PREAMBLE We, the people of the State of California, grateful to Almighty Purpose of God for our freedom, in order to secure and perpetuate its bless- the Constitution. ings, do establish this Constitution. ARTICLE I DECLARATION OF RIGHTS Section I. All men are by nature free and independent, and Rights of have certain inalienable rights, among which are those of enjoy- man. ing and defending life and liberty; acquiring, possessing, and protecting property; and pursuing and obtaining safety and happiness. Section 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. Section 3. The State of California is an inseparable part of the American Union, and the Constitution of the United States is the supreme law of the land. Government for and by the people. California a part of the Union. Freedom of Section 4. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall religion. forever be guaranteed in this State; and no person shall be rendered incompetent to be a witness or juror 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. Section 5. The privilege of the writ of habeas corpus shall not Habeas 1 Many sections or parts of sections have been omitted in this copy of the Constitution. corpus. BailWitnesses. Jury trial. Indictments - Informa tion - Grand jury. Freedom of speech Libel suits. Freedom of assembling and petitioning. be suspended unless when, in cases of rebellion or invasion, the public safety may require its suspension. Section 6. All persons shall be bailable by sufficient sureties, unless for capital offenses when the proof is evident or the presumption great. Excessive bail shall not be required, nor excessive fines imposed; nor shall cruel or unusual punishment be inflicted. Witnesses shall not be unreasonably detained, nor confined in any room where criminals are actually imprisoned. Section 7. The right of trial by jury shall be secured to all, and remain inviolate; but in civil actions three fourths of the jury may render a verdict. A trial by jury may be waived in all criminal cases not amounting to felony, by the consent of both parties, expressed in open court, and in civil actions by the consent of the parties, signified in such manner as may be prescribed by law. In civil actions and cases of misdemeanor, the jury may consist of twelve, or of any number less than twelve upon which the parties may agree in open court. Section 8. 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, as may be prescribed by law. A grand jury shall be drawn and summoned at least once a year in each county. Section 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 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. Indictments found, or information laid, for publications in newspapers, shall be tried in the county where such newspapers have their publication office, or in the county where the party alleged to be libeled resided at the time of the alleged publication, unless the place of trial shall be changed for good cause. Section 10. The people shall have the right to freely assemble together to consult for the common good, to instruct their representatives, and to petition the Legislature for redress of grievances. Section II. operation. Section 12. The military shall be subordinate to the civil power. No standing army shall be kept up by this State in time of peace, 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 the manner prescribed by law. All laws of a general nature shall have a uniform Laws to be uniform. Military subordinate to civil power. accused. Section 13. In criminal prosecutions, in any court whatever, Criminal the party accused shall have the right to a speedy and public trialstrial; to have the process of the court to compel the attendance Rights of the of witnesses in his behalf, and to appear and defend, in person and with counsel. No person shall be twice put in jeopardy for the same offense; nor 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. The Legislature shall have power to provide for the taking, in the presence of the party accused and his counsel, of depositions of witnesses, in criminal cases other than cases of homicide, when there is reason to believe that the witness, from inability or other cause, will not attend at the trial. property. Section 14. Private property shall not be taken or damaged Rights of for public use without just compensation having been first made private to, or paid into court for, the owner, and no right of way shall be appropriated to the use of any corporation other than municipal until full compensation therefor be first made in money or ascertained and paid into court for the owner, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury, unless a jury be waived, as in other civil cases in a court of record, as shall be prescribed by law. Section 15. No person shall be imprisoned for debt in any civil action, on mesne or final process, unless in cases of fraud, nor in civil actions for torts, except in cases of willful injury to person or property; and no person shall be imprisoned for a militia fine in time of peace. Imprisonment for debt and for militia fines forbidden. Bills of attainder Section 16. No bill of attainder, ex post facto law, or law Ex post facto impairing the obligations of contracts, shall ever be passed. Obli laws gation of contracts. Section 17. Foreigners of the white race, or of African descent, eligible to become citizens of the United States under the natuRights of ralization laws thereof, while bona fide residents of this State, foreigners. |