Idaho Constitution Article I - Declaration of Rights
Idaho Constitution – Article I: Declaration of Rights
Article I of the Idaho Constitution is the Declaration of Rights, which sets out the fundamental rights and liberties guaranteed to all individuals within the state. It serves as Idaho’s equivalent to a Bill of Rights.
Key Features of Article I – Declaration of Rights:
Section 1 – Inherent Rights
All men are by nature free and equal and have inherent and inalienable rights.
These rights include enjoying and defending life and liberty, acquiring and possessing property, and seeking safety and happiness.
Section 2 – Government Origin
All political power is inherent in the people.
Governments derive their just powers from the consent of the governed.
Section 3 – Equality of Rights
No person is entitled to privileges or immunities other than those granted by law.
All laws should be general and of uniform operation.
Section 4 – Freedom of Speech and Press
Guarantees freedom of speech, press, and the right to petition the government.
Section 5 – Religious Freedom
Protects freedom of religion.
No person shall be compelled to attend or support any church or religious ministry against their consent.
Section 6 – Search and Seizure
Protects against unreasonable searches and seizures.
Warrants must be supported by oath or affirmation and must particularly describe the place to be searched and the persons or things to be seized.
Section 7 – Rights of the Accused
Protects rights such as:
The right to a fair and speedy trial,
Protection against self-incrimination,
Protection against double jeopardy,
The right to counsel,
Trial by jury.
Section 8 – Right to Bear Arms
The people have the right to keep and bear arms for defense and security.
Section 9 – Prohibition of Ex Post Facto Laws and Bills of Attainder
No ex post facto law or bill of attainder shall be passed.
Section 10 – Protection from Excessive Bail and Cruel Punishment
Bail shall not be excessive.
Cruel or unusual punishments are prohibited.
Other Sections
Additional sections cover topics like:
Education,
Property rights,
Compensation for property taken for public use,
Rights of married women,
And many more fundamental civil rights.
Summary:
Article I of the Idaho Constitution guarantees fundamental civil liberties and rights, establishing the legal framework for protecting individual freedoms within the state.
RELATED Blog
0 comments