Page images
PDF
EPUB

Similar to the above are Minn. A 3, S 5; and Mo. A 2, S 1.

Mass. Pt. 1, A 4. The people of this commonwealth have the sole and exclusive right of governing themselves, as a free, sovereign, and independent state; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right. which is not, or may not hereafter be, by them expressly delegated to the United States of America, in congress assembled. Art. 5. All power residing originally in the people, and being derived from them, the several magistrates and officers of government, vested with authority, whether legislative, executive, or judicial, are their substitutes and agents, and are at all times accountable to them.

Mich. A 2, S 1. All political power is inherent in the people. Government is instituted for their equal benefit. security and protection.

R. I. S 1. "In the words of the Father of his Country, we declare that:" the basis of our political systems is the right of the people to make and alter their constitutions of government; but that the constitution which at any time exists, till changed by an explicit and authentic act of the whole people, is sacredly obligatory upon all.

Tex. A 1, S 2. All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit. The faith of the people of Texas stands pledged to the preservation of a republican form of government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient.

W. Va. A 1, S 2. The government of the United States is a government of enumerated powers, and all powers not delegated to it, nor prohibited to the states, are reserved to the states or to the people thereof. Among the powers so reserved to the state is the exclusive regulation of their own internal government and police; and it is the high and solemn duty of the several departments of government, created by this constitution to guard and protect the people of this state from all encroachments upon the rights so reserved.

A 2, S 2. The powers of the government reside in all the citizens of the state, and can be rightfully exercised only in accordance with their will and appointment.

[blocks in formation]

OHIO A I, S 2.

And no special privileges or im

munities shall ever be granted, that may not be altered, revoked or repealed by the General Assembly.

Similar provisions are found in the following:

Cal. A 1, S 21; Conn. A 1, S 1: Ind. A 1, S 23; Ky. B. of R. S 3; X. D.
A 1, S 20; Ore. A 1, S 20; S. D. A 6, S 18.

Several states have provisions similar to the following:

Ga. A 2, S 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.

N. C. A 1, S 7; Tex. A 1, S 3; Okla. A 5, S 51; Utah A 1, S 23; Wash.
A 1, S 8 & 12.

OHIO A I, S 3. The people have the right to assemble together in peaceable manner, to consult for their common good; to instruct their representatives, and to petition the General Assembly for the redress of grievances.

Similar provisions are found in the following states:

Ala. A 1, S 25; Ariz. A 2, S 5; Idaho A 1, S 10; Ill. A 2, S 17; Iowa
A 1, S 20; Kan. B. of R. 1, S 3; Ky. A 1, Par. 7; La. B. of R. S 5;
Md. D. of R. S 12; Mass. Pt. 1, S 19; Mich. A 2, S 2; Miss. A 3, S 11;
Mont. A 3, S 26; Neb. A 1, S 19; Nev. A 1, S 10; N. H. B. of R. S 32;
N. J. A 1, S. 18; N. Y. A 1, S 9; N. D. A 1, S 10; Okla. A 2, S 3; Ore.
A 1, S 27; Pa. A 1, S 20; R. I. A 1, S 21; S. C. A 1, S 4; S. D. A
6, S 4; Tenn. A 1, S 23; Tex. A 1, S 17; Vt. A 1, S 20; Wash. A 1,
S 4; W. Va. A 3, S 16; Wis. A 1, S 4; Wyo. A 1, S 21.

N. C. A 1, S 25. Similar to Ohio, and in addition: "But se-
cret political societies are dangerous to the liberties of a free
people, and should not be tolerated."

OHIO A 1, S 4. The people have the right to bear arms for their defense and security, but standing armies, in time of peace, are dangerous to liberty, and shall not be kept up; and the military shall be in strict subordination to the civil power. (1)

Similar provisions are found in the following states:

Ala. A 1, S 26; Ark. A 1, S 5; Conn. A 1, S 17; Ind. A 1, S 32: I11.
A 12, S 6; Iowa A 1, Par 7; Kan. A 1, S 4; Ky. B. of R. 22; Md. D. of
R. S 28, 29 & 30; Mass. Pt 1, S 17; Mich A 2, S 5 & 6; N. H. B. of R.
S 24, 25 & 26; N. C. A 1, S 24; Okla. A 2, S 26; Ore. A 1, S 28; Pa.
A 1, S 21 & 22; R. I. A 1, S 22; S. C. A 1, S 26; S. D. A 6, S 16 & 24;
Tenn. A 1, S 24 & 26; Tex. A 1, S 24; Utah A 1, S 6; Vt. A 1, S 16;
Va. A 1, S 13; Wash. A 1, S 31; W. Va. A 3, S 12; Wyo. A 1, S 24.

(2) The following constitutions contain provisions similar to Ohio,
except that they contain a stipulation for laws against carrying con-
cealed weapons:

Colo. A 2, S 13; Id. A 1, S 11; La. B. of R. S 8 & 14; Miss. A 3, S 12:
Mo. A 2, S 17; Mont. A 2, S 13; N. M. A 2, S 6 & 19; Tex. A 1, S 23.

(3) N. H. Pt. 1, S 13. No person who is conscientiously scrupulous about the lawfulness of bearing arms shall be compelled thereto, provided he shall pay an equivalent.

Similar to above: Tenn. A 1, S 28 & A 8, S 3; S. Dak. A 15, S 7.

(4) Wash. A 1, S 24. Similar to Ohio and in addition: “But nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain or employ an armed body of men.

Similar to above: Ariz. A 2, S 26.

OHIO A 1, S 5.
I,
The right of trial by jury shall be inviolate.
Similar provisions in the following states:

Ala. A 1, S 11; Conn. A 1, S 21; Del. A 1, S 4; Fla. D. of R. S 3;
Ind. A 1, S 13; Kan. A 1, S 10; Ky. B. of R. S 7; Mass. Pt 1, S 15;
N. C. A 1, S 19; Ore. A 1, S 18; Pa. A 1, S 6; R. I. A 1, S 15; S. C.
A 1, S 25; Tenn. A 1, S 6; Tex. A 1, S 15; Vt. A 1, S 12.

The following dissimilarities are to be noted:

(1) Jury may be waived:

Ark. A 2, S 7. Shall extend to all cases at law without regard to amount, but a jury trial may be waived as prescribed by law.

Similar provisions:

N. Y. A 1, S 2; Wis. A 1 S, 5.

(2) May be less than twelve:

Colo. A 2, S 23. But a jury in civil cases in all courts, or in criminal cases in courts not of record, may consist of less than twelve men as prescribed by law.

Similar provisions:

Mo. A 2, S 28; Wyo. A 1, S 9.

Other provisions:

Idaho A 1, S 7. But in civil actions, three-fourths of the jury may render a verdict, and the legislature may provide that in alt cases of misdemeanor five-sixths of the jury may render a verdict. A trial by jury may be waived in all criminal cases not amounting to a 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.

Iowa A 1, S 9. But the General Assembly may authorize trial by jury of a less number than twelve men in inferior courts. Similar provisions:

Neb. A 1, S 6; N. D. A 1, S 7; N. J. A 1, S 7; Va. A 1, S 11.

[blocks in formation]

Mich. A 2, S 13. The right of trial by jury shall remain but shall be deemed to be waived in all civil cases unless demanded by one of the parties in such manner as shall be prescribed bv law.

Minn. A 1, S 4. But a trial by jury may be waived by all parties in all cases in the manner prescribed by law; and the legislature may provide that the agreement of five-sixths of any jury in any civil action or proceeding, after not less than six (6) hours' deliberation, shall be sufficient verdict therein.

Mont. A 3, S 23. But in civil cases and in all criminal cases not amounting to felony, upon default of appearance or by consent of the parties expressed in such manner as the law may prescribe, a trial by jury may be waived, or a trial had by any less number of jurors than the amount provided by law.

Similar provisions: Colo. A 1, S 7.

Nev. A 1, S 3. But a jury trial may be waived by the parties in all civil cases, in the manner to be prescribed by law; and in civil cases, if three-fourths of the jurors agree upon a verdict, it shall stand and have the same force and effect as a verdict by the whole jury; provided, the legislature, by a law passed by a two-thirds vote of all the members elected to each branch thereof, may require a unanimous verdict, notwithstanding this provision.

N. M. A 2, S 12. Authorizes juries of six in courts inferior to the district court and verdicts by less than a unanimous vote of the jury.

Similar provisions:

S. D. A 6, S 6.

Okla. A 2, S 12. And a jury for the trial of civil and criminal cases in courts of record, other than county courts, shall consist of 12 men; but in county courts and courts not of record, a jury shall consist of six men. This section shall not be so construed as to prevent limitations being fixed by law upon the right of appeal from judgments of courts not of record in civil cases. concerning causes of action involving less than $20.00. In civil cases, and in criminal cases less than felonies, three-fourths of the whole number of jurors concurring shall have power to render a verdict. In case a verdict is rendered by less than the whole number of jurors, the verdict shall be in writing and signed by each juror concurring therein.

Wash. A 1, S 21. 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 of the jury in civil cases, where the consent of the parties interested is given thereto.

Similar: Ariz. 2, S 23.

W. Va. A 3, S 13. In suits at common law, where the value in controversy exceeds twenty dollars, exclusive of interest and costs, the right of trial by jury, if required by either party, shall be preserved; and in such suit before a justice a jury may consist of six persons.

OHIO A 1, S 6. There shall be no slavery in this state, nor 6. involuntary servitude, except for punishment of crime.

Similar provisions in other states:

Ala. A 1, S 32; Ark. A 2, S 27; Cal. A 1, S 18; Ind. A 1, S 37; Iowa
A 1, S 23: Kan. A 1, S 6; Ky. B. of R. S 25; Md. D. of R. S 24; Mich.
A 2, S 8; Miss. A 1, S 15; Mo. A 2, S 31; Mont. A 2, S 28; Neb. A 1,
S 2; Nev. A 1, S 17; N. C. A 1, S 33; N. D. A 1, S 17; Ore. A 1, S 35;
R. I. A 1, S 4; Tenn. A 1, S 33; Utah A 1, S 21; Wis. A 1, S 2.

OHIO A 1,
$ 7.
All men have a natural and indefeasible 7.
right to worship Almighty God according to the dictates of
their own conscience. No person shall be compelled to at-
tend, erect or support any place of worship, or maintain any
form of worship against his consent; and no preference shall
be given, by law, to any religious society; nor shall any inter-
ference with the right of conscience be permitted. No relig-
ious test shall be required as a qualification for office, nor
shall any person be incompetent to be a witness on account
of his religious belief; but nothing herein shall be construed
to dispense with oaths and affirmations. Religion, morality,
and knowledge, however, being essential to good govern-
ment, it shall be the duty of the General Assembly to pass
suitable laws to protect every religious denomination in the
peaceable enjoyment of its own mode of public worship, and
to encourage schools and the means of instruction.

Similar provisions are found in the following states:

Ala. A 1, S 3; Ariz. A 2, S 12; Ark. A 2, S 24, 25 & 26; Colo. A 2, S 4; Conn. A 1, S 3 & 4; Del. A 1, S 1 & 2; Fla. D. of R. S 5 & 6; Ky. B. of R. S 5; La. B. of R. S 4; Mass. Pt 1, S 2; (amdt 11); Mich. A 2, S 3, 17; Minn. A 1, S 16 & 17; Neb. A 1, S 4; Nev. A 1, S 4; N. H. B. of R. S 5 & 6; N. J. A 1, S 3 & 4; N. M. A 2, S 11, & A 21, S1; N. C. A 1, S 26; N. D. A 1, S 4; N. Y. A 1, S 3; Ore. A 1, S 2, 3, 4, 5, 6, 7 & 34; R. I. A 1, S 3; S. C. A 1, S 4; S. D. A 1, S 3; A 22 First; Tenn. A 1, S 2, 3, 4, 5 & 6; Tex. A 1, S 4, 5, 6 & 7; Utah A 1, S 4, & A 3 first; W. Va. A 3, S 15; Wis. A 1, S 18 & 19; Wyo. A 1, S 18 & 19, Ord. S 2; Wash. A 26, First.

Ariz. A 2, S 7. The mode of administering an oath or affirmation, shall be such as shall be most consistent with and binding

Slavery
Forbidden.

Freedom in
Religious
Matters.

« PreviousContinue »