                                  CONSTITUTION 
                                     OF THE 
                                STATE OF NEBRASKA
                                    of 1875

                                    PREAMBLE. 

   We,  the people,  grateful to Almighty God for our freedom,  do ordain and 
establish the following declaration of rights and frame of government, as the 
Constitution of the State of Nebraska.

                                   ARTICLE I

                                BILL OF RIGHTS

Section 1.   All persons are by nature free and independent, and have certain 
inherent  and  inalienable  rights;  among these are life,  liberty  and  the 
pursuit of happiness. To secure these rights, and the protection of property, 
governments are instituted among people,  deriving their just powers from the 
consent of the governed.

Section 2.   There shall be neither slavery nor involuntary servitude in this 
state,  otherwise than for punishment of crime,  whereof the party shall have 
been duly convicted

Section  3.    No  person shall be deprived of life,  liberty,  or  property, 
without due process of law.

Section  4.    All  persons have a natural and indefeasible right to  worship 
Almighty  God according to the dictates of their own consciences.  No  person 
shall  be compelled to attend,  erect or support any place of worship against 
his  consent,  and  no  preference  shall be given by law  to  any  religious 
society,  nor  shall  any  interference  with the  rights  of  conscience  be 
permitted. No religious test shall be required as a qualification for office, 
nor  shall  any  person  be incompetent to be a witness  on  account  of  his 
religious  beliefs;  but  nothing herein shall be construed to dispense  with 
oaths and affirmations. Religion,  morality,  and knowledge,  however,  being 
essential to good government, it shall be the duty of the legislature 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.

Section  5.    Every  person  may  freely speak,  write and  publish  on  all 
subjects, being responsible for the abuse of that liberty;  and in all trials 
for  libel,  both  civil  and criminal,  the truth when published  with  good 
motives, and for justifiable ends, shall be a sufficient defense.

Section  6.    The  right of trial by jury shall remain  inviolate,  but  the 
Legislature  may  authorize trial by a jury of a less number than  twelve  in 
courts  inferior  to the District Court,  and may by general law authorize  a 
verdict in civil cases in any court by not less than five-sixths of the jury. 
(Amended, 1896, 1914, 1920.)

Section  7.    The right of the people to be secure in their persons,  houses 
papers,  and  effects against unreasonable searches and seizures shall not be 
violated;  and  no warrant shall issue but upon probable cause,  supported by 
oath  or affirmation,  and particularly describing the place to be  searched, 
and the person or thing to be seized.

Section  8.    The  privilege  of  the writ of habeas  corpus  shall  not  be 
suspended,  unless,  in  case  of rebellion or invasion,  the  public  safety 
requires it, and then only in such manner as shall be prescribed by law.

Section 9.   All persons shall be bailable by sufficient sureties, except for 
treason  and  murder,  where the proof is evident or the  presumption  great. 
Excessive bail shall not be required, nor excessive fines imposed,  nor cruel 
and unusual punishments inflicted.

Section 10.  No person shall be held to answer for a criminal offense, except 
in  cases in which the punishment is by fine,  or imprisonment otherwise than 
in a penitentiary,  in case of impeachment,  and in cases arising in the army 
and  navy,  or in the militia when in actual service in time of war or public 
danger, unless on a presentment or indictment of a grand jury; Provided, That 
the Legislature may by law provide for holding persons to answer for criminal 
offences  on  information of a public prosecutor;  and may by  law,  abolish, 
limit, change, amend, or otherwise regulate the grand jury system.

Section 11.  In all criminal prosecutions the accused shall have the right to 
appear and defend in person or by counsel,  to demand the nature and cause of 
accusation,  and  to have a copy thereof;  to meet the witnesses against  him 
face  to face;  to have process to compel the attendance of witnesses in  his 
behalf;  and  a  speedy  public trial by an impartial jury of the  county  or 
district in which the offense is alleged to have been committed.

Section  12.   No person shall be compelled,  in any criminal case,  to  give 
evidence against himself, or be twice put in jeopardy for the same offense.

Section 13.  All courts shall be open, and every person,  for any injury done 
him  in his lands,  goods,  person or reputation,  shall have a remedy by due 
course of law, and justice administered without denial or delay.

Section  14.   Treason  against the state shall consist only in  levying  war 
against  the  state,  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.

Section  15.   All  penalties  shall  be proportioned to the  nature  of  the 
offense,  and  no  convicion shall work corruption of blood or forfeiture  of 
estate;  nor shall any person be transported out of the state for any offense 
committed within the state.

Section 16.   No bill of attainder,  ex post facto law,  or law impairing the 
obligation  of  contracts,   or  making  any  irrevocable  grant  of  special 
privileges or immunities shall be passed.

Section  17.   The  military  shall be in strict subordination to  the  civil 
power.

Section  18.   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.

Section 19.  The right of the people peaceably to assemble to consult for the 
common good, and to petition the government, or any department thereof, shall 
never be abridged.

Section  20.   No person shall be imprisoned for debt in any civil action  on 
mesne or final process, unless in cases of fraud.

Section  21.   The property of no person shall be taken or damaged for public 
use without just compensation therefor.

Section 22.  All elections shall be free;  and there shall be no hindrance or 
impediment  to  the  right  of a qualified voter  to  exercise  the  elective 
franchise

Section  23.   In  all cases of felony the defendant shall have the right  of 
appeal  to the Supreme Court;  and in capital cases such appeal shall operate 
as  a  supersedeas  to stay the execution of the  sentence  of  death,  until 
further order of the Supreme Court. (Amended, 1972.

Section  24.   The right to be heard in all civil cases in the court of  last 
resort, by appeal, error, or otherwise, shall not be denied.

Section 25.   There shall be no discrimination between citizens of the United 
States  in respect to the acquisition,  ownership,  possession,  enjoyment or 
descent  of  property.  The  right of aliens in respect to  the  acquisition, 
enjoyment and descent of property may be regulated by law. (Amended, 1920.)

Section  26.   This enumeration of rights shall not be construed to impair or 
deny  others,  retained by the people,  and all powers not herein  delegated, 
remain with the people.

Section  27.   The  English  language is hereby declared to be  the  official 
language   of  this  state,   and  all  official  proceedings,   records  and 
publications shall be in such language,  and the common school branches shall 
be taught in said language in public,  private,  denominational and parochial 
schools. (Adopted, 1920.)
                                                                             
