Arkansas Constitution Article 2 - Declaration of Rights
Article 2 – Declaration of Rights of the Arkansas Constitution outlines the fundamental rights and liberties of individuals in the state. It serves a similar purpose to the Bill of Rights in the U.S. Constitution and is designed to protect Arkansans from abuses of power by the government.
Here’s a summary of key sections in Article 2:
🔹 Section-by-Section Highlights:
Section 1 – Source of Power
All political power is inherent in the people. Government exists to protect their rights and must remain accountable.
Section 2 – Freedom and Independence
Arkansas is free and independent and not subject to any other human authority.
Section 3 – Equal Rights
All persons are equal and entitled to equal rights and protection under the law.
Section 4 – Right to Assemble and Petition
People have the right to peacefully assemble and to petition the government for redress of grievances.
Section 5 – Right to Bear Arms
Citizens may bear arms for defense of themselves and the state, but the General Assembly may regulate the carrying of weapons.
Section 6 – Liberty of the Press and Free Speech
The press is free, and every person may speak freely, but is responsible for the abuse of that right.
Section 8 – Right to a Fair Trial
In all criminal prosecutions, the accused has the right to a speedy and public trial by an impartial jury.
Section 9 – Protection Against Double Jeopardy
No person shall be twice put in jeopardy for the same offense.
Section 10 – Protection Against Self-Incrimination
No person shall be compelled to testify against themselves in a criminal case.
Section 11 – Protection Against Excessive Bail and Cruel Punishment
Excessive bail shall not be required, nor cruel or unusual punishment inflicted.
Section 15 – Right to Habeas Corpus
The right to challenge unlawful imprisonment cannot be suspended.
Section 18 – No Discrimination by the State
The state shall not grant privileges or immunities to any citizen or class of citizens not available to others.
Section 21 – Eminent Domain
Private property shall not be taken for public use without just compensation.
Section 25 – Rights Retained by the People
The enumeration of rights shall not deny others retained by the people.
🧭 Purpose:
Article 2 serves as a guarantee of civil liberties, including:
Freedom of speech
Religious liberty
Due process
Protection from government overreach
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