South Dakota Constitution Article 6 - Bill of Rights.
South Dakota Constitution – Article 6: Bill of Rights
Summary:
Article 6 of the South Dakota Constitution serves as the state’s Bill of Rights, outlining the fundamental rights and liberties guaranteed to all individuals in South Dakota. It is similar in purpose to the U.S. Bill of Rights, but includes some provisions specific to the state's governance and history.
📜 Key Rights Protected in Article 6:
Section 1 – Inherent Rights:
All individuals have certain inalienable rights, including life, liberty, property, and the pursuit of happiness.
Section 2 – Due Process and Equal Protection:
No person may be deprived of life, liberty, or property without due process of law, and all are entitled to equal protection under the law.
Section 3 – Religious Freedom:
Guarantees freedom of religion and prohibits the state from establishing a religion or interfering with religious practices.
Section 4 – Freedom of Speech and Press:
Protects the freedom of speech and the press, while holding individuals accountable for abuse of that freedom (e.g., libel).
Section 5 – Right to Assemble and Petition:
Affirms the right to peaceful assembly and to petition the government for redress of grievances.
Section 6 – Rights of the Accused:
Provides for rights of individuals in criminal prosecutions, including:
Right to a speedy and public trial
Right to legal counsel
Protection against self-incrimination
Protection against double jeopardy
Section 7 – Search and Seizure:
Protects against unreasonable searches and seizures, requiring warrants based on probable cause.
Section 8 – Habeas Corpus:
Ensures the right to challenge unlawful detention through habeas corpus.
Section 9 – Excessive Bail and Cruel Punishment:
Prohibits excessive bail, excessive fines, and cruel or unusual punishment.
Section 10 – Trial by Jury:
Preserves the right to trial by jury in both criminal and civil cases.
Section 12 – Property Rights:
Addresses eminent domain, ensuring private property is not taken for public use without just compensation.
Additional Sections:
Includes protections related to militia service, rights of voters, rights of crime victims, and nondiscrimination (e.g., based on race, color, or religion).
🎯 Purpose:
To safeguard individual freedoms.
To limit the power of the state government.
To reflect South Dakota’s commitment to democratic principles and justice.
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