Category : Various Text files
Archive   : LAWNB3.ZIP
Filename : IDAHO.TXT

CONSTITUTION OF THE STATE OF IDAHO
(As amended to 1975)

PREAMBLE

We, the people of the State of Idaho, grateful to Almighty
God for our freedom, to secure its blessings and promote our
common welfare do establish this Constitution.

ARTICLE I

DECLARATION OF RIGHTS

Sec. 1. All men are by nature free and equal, and have certain
inalienable rights, among which are enjoying and defending
life and liberty; acquiring, possessing and protecting
property; pursuing happiness and securing safety.

Sec. 2. All political power is inherent in the people. Government
is instituted for their equal protection and benefit, and
they have the right to alter, reform or abolish the same
whenever they may deem it necessary; and no special privi-
leges or immunities shall ever be granted that may not be
altered, revoked, or repealed by the legislature.

Sec. 3. The state of Idaho is an inseparable part of the American
Union, and the Constitution of the United States is the
supreme law of the land.

Sec. 4. The exercise and enjoyment of religious faith and worship
shall forever be guaranteed; and no person shall be denied
any civil or political right, privilege, or capacity on
account of his religious opinions; but the liberty of con-
science hereby secured shall not be construed to dispense
with oaths or affirmations, or excuse acts of licentiousness
or justify polygamous or other pernicious practices, incon-
sistent with morality or the peace or safety of the state;
nor to permit any person, organization, or association to
directly or indirectly aid or abet, counsel or advise any
person to commit the crime of bigamy or polygamy, or any
other crime. No person shall be required to attend or sup-
port any ministry or place of worship, religious sect or
denomination, or pay tithes against his consent; nor shall
any preference be given by law to any religious denomination
or mode of worship. Bigamy and polygamy are forever prohib-
ited in the state, and the legislature shall provide by law
for the punishment of such crimes.

Sec. 5. 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.

Sec. 6. All persons shall be bailable by sufficient sureties, except
for capital offenses, when the proof is evident or the pre-
sumption great. Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and unusual punishment
inflicted.

Sec. 7. The right of trial by jury shall remain inviolate; but in
civil actions, three-fourths of the jury may render a ver-
dict, and the legislature may provide that in all cases of
misdemeanors five-sixths of the jury may render a verdict.
A trial by jury may be waived in all criminal cases not
amounting to felony, by the consent of both parties, ex-
pressed in open court, and in civil actions by the consent
of the parties, signified in such manner as may be pre-
scribed by law. In civil actions the jury may consist of
twelve or of any number less than twelve upon which the
parties may agree in open court. Provided, that in cases of
misdemeanor and in civil actions within the jurisdiction of
any court inferior to the district court, whether such case
or action be tried in such inferior court or in district
court, the jury shall consist of not more than six.

Sec. 8. No person shall be held to answer for any felony or criminal
offense of any grade, unless on presentment or indictment of
a grand jury or on information of the public prosecutor,
after a commitment by a magistrate, except in cases of
impeachment, in cases cognizable by probate courts or by
justices of the peace, and in cases arising in the militia
when in actual service in time of war or public danger;
provided, that a grand jury may be summoned upon the order
of the district court in the manner provided by law, and
provided further, that after a charge has been ignored by a
grand jury, no person shall be held to answer, or for trial
therefor, upon information of the public prosecutor.


Sec. 9. Every person may freely speak, write and publish on all
subjects, being responsible for the abuse of that liberty.

Sec. 10. The people shall have the right to assemble in a peaceable
manner, to consult for their common good; to instruct their
representatives, and to petition the legislature for the
redress of grievances.

Sec. 11. The people shall have the right to bear arms for their
security and defense; but the legislature shall regulate
the exercise of this right by law.

Sec. 12. The military shall be subordinate to the civil power; and no
soldier in time of peace shall be quartered in any house
without the consent of the owner, nor in time of war except
in the manner prescribed by law.

Sec. 13. In all criminal prosecutions, the party accused shall have
the right to a speedy and public trial; to have the process
of the court to compel the attendance of witnesses in his
behalf, and to appear and defend in person and with counsel.
No person shall be twice put in jeopardy for the same of-
fense; nor be compelled in any criminal case to be a witness
against himself; nor be deprived of life, liberty, or prop-
erty without due process of law.

Sec. 14. The necessary use of lands for the construction of reser-
voirs or storage basins, for the purpose of irrigation, or
for rights of way for the construction of canals, ditches,
flumes or pipes, to convey water to the place of use for any
useful, beneficial or necessary purpose, or for drainage; or
for the drainage of mines, or the working thereof, by means
of roads, railroads, tramways, cuts, tunnels, shafts, hoist-
ing works, dumps, or other necessary means to their complete
development of the material resources of the state, or the
preservation of the health of its inhabitants, is hereby
declared to be a public use, and subject to the regulation
and control of the state.

Private property may be taken for public use, but not until
a just compensation, to be ascertained in the manner pre-
scribed by law, shall be paid therefor.

Sec. 15. There shall be no imprisonment for debt in this state except
in cases of fraud.

Sec. 16. No bill of attainder, ex post facto law, or law impairing
the obligation of contracts shall ever be passed.

Sec. 17 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
without probable cause shown by affidavit, particularly
describing the place to be searched and the person or thing
to be seized.

Sec. 18. Courts of justice shall be open to every person, and a
speedy remedy afforded for every injury of person, property
or character, and right and justice shall be administered
without sale, denial, delay, or prejudice.

Sec. 19. No power, civil or military, shall at any time interfere
with or prevent the free and lawful exercise of the right of
suffrage.

Sec. 20. No property qualifications shall ever be required for any
person to vote or hold office except in school elections, or
elections creating indebtedness, or in irrigation district
elections, as to which last- named elections the legislature
may restrict the voters to land owners.

Sec. 21. This enumeration of rights shall not be construed to impair
or deny other rights retained by the people.