                   ARIZONA DECLARATION OF RIGHTS

      (Article II of the 1912 Constitution of Arizona As revised 
                         to January, 1975)

                             ARTICLE II

                        DECLARATION OF RIGHTS

     Sec. 1.  A frequent recurrence to fundamental principles is essential to 
the security of individual rights and the perpetuity of free government. 

     Sec. 2.  All political power is inherent in the people,  and governments 
derive  their  just  powers  from  the  consent  of  the  governed,  and  are 
established to protect and maintain individual rights.

     Sec. 3.  The Constitution of the United States is the supreme law of the 
land.

     Sec.  4.   No  person shall be deprived of life,  liberty,  or  property 
without due process of law. 

     Sec. 5.  The right of petition,  and of the people peaceably to assemble 
for the common good, shall never be abridged. 

     Sec.  6.   Every  person  may freely speak,  write,  and publish on  all 
subjects, being responsible for the abuse of that right.

     Sec.  7.   The mode of administering an oath,  or affirmation,  shall be 
such  as shall be most consistent with and binding upon the conscience of the 
person to whom such oath, or affirmation, may be administered.

     Sec.  8.   No  person shall be disturbed in his private affairs,  or his 
home invaded, without authority of law.

     Sec.  9.   No  law  granting irrevocably any  privilege,  franchise,  or 
immunity shall be enacted.

Sec. 10.   No person shall be compelled in any criminal case to give evidence 
against himself, or be twice put in jeopardy for the same offense.

    Sec. 11.  Justice in all cases shall be administered openly,  and without 
unnecessary delay.

    Sec.  12.   The  liberty of conscience secured by the provisions of  this 
Constitution  shall not be so construed as to excuse acts of  licentiousness, 
or justify practices inconsistent with the peace and safety of the State.  No 
public  money  or  property  shall  be appropriated for  or  applied  to  any 
religious  worship,  exercise,  or  instruction,  or  to the support  of  any 
religious  establishment.   No religious qualification shall be required  for 
any  public  office or employment,  nor shall any person be incompetent as  a 
witness  or juror in consequence of his opinion on matters of religion nor be 
questioned  touching  his religious belief in any court of justice to  affect 
the weight of his testimony.

    Sec.  13.   No  law  shall be enacted granting to any citizen,  class  of 
citizens,  or  corporation  other than municipal,  privileges  or  immunities 
which,  upon  the  same terms,  shall not equally belong to all  citizens  or 
corporations.

    Sec.  14.   The  privilege  of  the writ of habeas corpus  shall  not  be 
suspended by the authorities of the State.

    Sec.  15.   Excessive  bail  shall not be required,  nor excessive  fines 
imposed, nor cruel and unusual punishment inflicted.

    Sec. 16.  No conviction shall work corruption of blood,  or forfeiture of 
estate.

    Sec. 17.  Private property shall not be taken for private use, except for 
private ways of necessity, and for drains, flumes,  or ditches,  on or across 
the lands of others for mining, agricultural, domestic, or sanitary purposes.  
No  private  property  shall be taken or damaged  for public or  private  use 
without  just  compensation having first been made,  paid into court for  the 
owner,  secured by bond as may be fixed by the court,  or paid into the state 
treasury  for  the owner on such terms and conditions as the legislature  may 
provide,  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 courts of record,  in the manner prescribed  by  law.  
Whenever  an attempt is made to take private property for a use alleged to be 
public, the question whether the contemplated use be really public shall be a 
judicial  question,  and determined as such without regard to any legislative 
assertion that the use is public.
  
    Sec.  18.   There  shall be no imprisonment for debt,  except in cases of 
fraud.

  Sec.  19.   Any person having knowledge or possession of facts that tend to 
establish  the guilt of any other person or corporation charged with  bribery 
or illegal rebating,  shall not be excused from giving testimony or producing 
evidence,  when legally called upon to do so,  on the ground that it may tend 
to  incriminate  him  under the laws of the State;  but no  person  shall  be 
prosecuted or subject to any penalty or forfeiture for, or on account of, any 
transaction,  matter,  or thing concerning which he may so testify or produce 
evidence.

    Sec.  20.   The  military  shall be in strict subordination to the  civil 
power.

    Sec. 21.  All elections shall be free and equal,  and no power,  civil or 
military,  shall  at  any time interfere to prevent the free exercise of  the 
right of suffrage.

    Sec. 22.   All persons charged with crime shall be bailable by sufficient 
sureties,  except  for:  Capital  offenses when the proof is evident  or  the 
presumption great.

     Sec. 23.  The right of trial by jury shall remain inviolate.   Juries in 
criminal  cases in which a sentence of death or imprisonment for thirty years 
or  more  is  authorized  by law shall consist of  twelve  persons.   In  all 
criminal  cases  the  unanimous consent of the jurors shall be  necessary  to 
render a verdict.   In all other cases,  the number of jurors,  not less than 
six, and the number required to render a verdict, shall be specified by law.

    Sec. 24.   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  meet the witnesses against him face to face,  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 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.

     Sec. 25.  No bill of attainder, ex-post-facto law,  or law impairing the 
obligation of a contract, shall ever be enacted.

     Sec. 26.  The right of the individual citizen to bear arms in defense of 
himself or the State shall not be impaired, but nothing in this section shall 
be   construed  as  authorizing  individuals  or  corporations  to  organize, 
maintain, or employ an armed body of men. 

     Sec.  27.   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 its owner,  nor in time of war except in the  manner 
prescribed by law.

   
Sec. 28.  Treason against the State shall consist only in levying war against 
the State, or adhering to its enemies, or in 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 confession in open court. 

     Sec.  29.   No  hereditary emoluments,  privileges,  or powers shall  be 
granted  or conferred,  and no law shall be enacted permitting any perpetuity 
or entailment in this State.

     Sec.  30.   No  person  shall be prosecuted criminally in any  court  of 
record   for  felony  or  misdemeanor,   otherwise  than  by  information  or 
indictment;  no  person shall be prosecuted for felony by information without 
having  had  a preliminary examination before a magistrate or  having  waived 
such preliminary examination.

     Sec.  31.   No law shall be enacted in this State limiting the amount of 
damages to be recovered for causing the death or injury of any person.

     Sec. 32.   The provisions of this Constitution are mandatory,  unless by 
express words they are declared to be otherwise.

     Sec.  33.   The enumeration in this Constitution of certain rights shall 
not be construed to deny others retained by the people.

     Sec. 34.  The State of Arizona and each municipal corporation within the 
State of Arizona shall have the right to engage in industrial pursuits.


Note: This document may be incomplete
