Nebraska Constitution Article I (Bill of Rights)
Nebraska Constitution – Article I: Bill of Rights
🔹 Overview:
Article I of the Nebraska Constitution contains the state’s Bill of Rights, laying out fundamental rights and liberties guaranteed to all Nebraskans. It closely mirrors many protections found in the U.S. Bill of Rights but also includes some unique provisions reflecting Nebraska’s values and history.
🔹 Key Sections and Provisions:
§1 – Equality and Rights of Persons:
All persons are equal under the law and entitled to equal protection.
Rights of life, liberty, and the pursuit of happiness are protected.
§2 – Freedom of Speech and Press:
Guarantees freedom of speech, press, assembly, and petition.
No laws shall abridge these freedoms.
§3 – Right to Bear Arms:
The right to keep and bear arms for security and defense is guaranteed.
The Legislature may regulate the carrying of concealed weapons.
§4 – Search and Seizure:
Protection against unreasonable searches and seizures.
Warrants require probable cause and must be specific.
§5 – Due Process and Equal Protection:
Guarantees due process of law before deprivation of life, liberty, or property.
Equal protection under the laws.
§6 – Trial by Jury:
Right to trial by jury in criminal cases and most civil cases.
§7 – Rights of the Accused:
Protection against double jeopardy, self-incrimination, and excessive bail or fines.
Right to confront witnesses and to counsel.
§8 – Religious Freedom:
Freedom of religious worship.
No preference for any religion by the state.
§9 – Prohibition of Slavery:
Slavery and involuntary servitude are prohibited except as punishment for crime.
§10 – Rights of Crime Victims:
Crime victims have the right to be heard and informed during judicial proceedings.
§11 – Protection from Excessive Punishment:
No cruel or unusual punishment.
§12 – Eminent Domain:
Private property may not be taken for public use without just compensation.
Additional Rights:
The Article also affirms rights related to education, privacy, and more.
🔹 Summary:
Nebraska’s Bill of Rights establishes core protections for individuals that include:
Equality before the law,
Fundamental civil liberties (speech, press, religion),
Criminal justice protections,
Property rights,
The right to bear arms with some legislative regulation.
It balances individual rights with public safety and government powers, consistent with both federal constitutional principles and Nebraska’s state policy.
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