| THE CONSTITUTION OF THE STATE OF OHIO (as amended to 1974) PREAMBLE We, the people of the State of Ohio, grateful to Almighty God for our freedom, to secure its blessings and promote our com- mon welfare, do establish this Constitution. ARTICLE I BILL OF RIGHTS Sec. 1. All men are, by nature, free and independent, and have cer- tain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and seeking and obtaining happiness and 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, when ever 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it necessary; and no special privi- leges or immunities shall ever be granted, that may not be altered, revoked, or repealed by the General Assembly. Sec. 3. The people have the right to assemble together, in a peace- able manner, to consult for their common good; to instruct their Representatives; and to petition the General Assembly for the redress of grievances. Sec. 4. The people have the right to bear arms for their defence and security; but standing armies, in time of peace, are danger- ous to liberty, and shall not be kept up; and the military shall be in strict subordination to the civil power. Sec. 5. The right of trial by jury shall be inviolate, except that, in civil cases, laws may be passed to authorize the render- ing of a verdict by the concurrence of not less than three- fourths of the jury. ( Adopted Sept. 3,1912.) Sec. 6. There shall be no slavery in this state; nor involuntary servitude, unless for the punishment of crime. Sec. 7. All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own con- science. No person shall be compelled to attend, erect, or support any place of worship, or maintain any form of wor- ship, 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 belief; but nothing herein shall be con- strued to dispense with oaths and affirmations. Religion, morality, and knowledge, however, being essential to good government, it shall be the duty of the General Assembly to pass suitable laws, to protect every religious denomination in the peaceable enjoyment of its own mode of public wor- ship, and to encourage schools and the means of instruction. Sec. 8. The privilege of the writ of habeas corpus shall not be sus- pended, unless in cases of rebellion or invasion, the public safety require it. Sec. 9. All persons shall be bailable by sufficient sureties, except for capital offenses where the proof is evident, or the pre- sumption great. Excessive bail shall not be required; nor excessive fines imposed; nor cruel and unusual punishments inflicted. Sec. 10. Except in cases of impeachment, cases arising in the army and navy, or in the militia when in actual service in time of war or public danger, and cases involving offenses for which the penalty provided is less than imprisonment in the penitentiary, no person shall be held to answer for a capi- tal, or otherwise infamous, crime, unless on presentment or indictment of a grand jury; and the number of persons neces- sary to constitute such grand jury and the number thereof necessary to concur in finding such indictment shall be determined by law. In any trial, in any court, the party accused shall be allowed to appear and defend in person and with counsel; to demand the nature and cause of the accusa- tion against him, and to have a copy thereof; to meet the witnesses face to face, and to have compulsory process to procure the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county in which the offense is alleged to have been committed; but provision may be made by law for the taking of the deposi- tion by the accused or by the state, to be used for or against the accused, of any witness whose attendance can not be had at the trial, always securing to the accused means and the opportunity to be present in person and with counsel at the taking of such deposition, and to examine the witness face to face as fully and in the same manner as if in court. No person shall be compelled, in any criminal case, to be a witness against himself; but his failure to testify may be considered by the court and jury and may be the subject of comment by counsel. No person shall be twice put in jeo- pardy for the same offense. ( Adopted Sept.3,1912.) Sec. 11. Every citizen may freely speak, write, and publish his sen- timents on all subjects, being responsible for the abuse of the right; and no law shall be passed to restrain or abridge the liberty of speech, or of the press. In all criminal pro- secutions for libel, the truth may be given in evidence to the jury, and if it shall appear to the jury, that the mat- ter charged as libelous is true, and was published with good motives, and for justifiable ends, the party shall be ac- quitted. Sec. 12. No person shall be transported out of the State, for any of- fense committed within the same; and no conviction shall work corruption of blood, or forfeiture of estate. Sec. 13. 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. Sec. 14. The right of the people to be secure in their persons, houses, papers, and possessions, against unreasonable searches and seizures shall not be violated; and no warrants shall issue, but upon probable cause, supported by oath or affirmation, particularly describing the place to be search- ed, and the person and things to be seized. Sec. 15. No person shall be imprisoned for debt in any civil action, or mesne or final process, unless in cases of fraud. Sec. 16. All courts shall be open, and every person, for an injury done him in his land, goods, person, or reputation, shall have remedy by due course of law, and shall have justice administered without denial or delay. Suits may be brought against the state, in such courts and in such manner, as may be provided by law. ( Adopted Sept.3, 1912.) Sec. 17. No hereditary emoluments, honors, or privileges, shall ever be granted or conferred by this State. Sec. 18. No power of suspending laws shall ever be exercised, except by the General Assembly. Sec. 19. Private property shall ever be held inviolate but subservi- ent to the public welfare. When taken in time of war or other public exigency, imperatively requiring its immediate seizure or for the purpose of making or repairing roads, which shall be open to the public, without charge, a compen- sation shall be made to the owner, in money: and in all other cases, where private property shall be taken for pub- lic use, a compensation therefor shall first be made in money, or first secured by a deposit of money; and such compensation shall be assessed by a jury, without deduction for benefits to any property of the owner. Sec 19(a) Damages for wrongful death. The amount of damages recover- able by civil action in the courts for death caused by the wrongful act, neglect, or default of another, shall not be limited by law. ( Adopted Sept.3,1912) Sec. 20. 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. | |
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