North Dakota Constitution Article I - Declaration of Rights
Here is a summary of Article I – Declaration of Rights from the North Dakota Constitution:
North Dakota Constitution – Article I: Declaration of Rights
This article outlines the fundamental rights and liberties guaranteed to all individuals within North Dakota, similar to the U.S. Bill of Rights.
Sections Summary:
Section 1 – Inalienable rights.
All individuals are by nature free and independent and have certain inalienable rights including enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety and happiness.
Section 2 – Government of the people.
The government is founded on the will of the people, and it is instituted for their benefit. The people have the right to alter or reform it when the public good requires it.
Section 3 – Free speech and press.
Every citizen may freely speak, write, and publish their opinions on all subjects, being responsible for the abuse of that liberty.
Section 4 – Peaceable assembly and petition.
The right of the people to assemble peaceably and to petition the government shall never be abridged.
Section 5 – Religious freedom.
The free exercise and enjoyment of religious profession and worship shall be guaranteed to every individual, and no one shall be compelled to attend or support any religious institution.
Section 6 – Due process and equal protection.
No person shall be deprived of life, liberty, or property without due process of law. All laws must operate equally and uniformly upon all persons.
Section 7 – Criminal prosecutions.
In criminal prosecutions, the accused has the right to a speedy and public trial, to be informed of the accusation, to confront witnesses, to have compulsory process for obtaining witnesses, and to have legal counsel.
Section 8 – Rights of accused.
No person shall be held to answer for a felony unless on indictment of a grand jury (with exceptions), and no person shall be twice put in jeopardy for the same offense or compelled to be a witness against themselves.
Section 9 – Bail and fines.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted.
Section 10 – Unreasonable searches and seizures.
Protects individuals from unreasonable searches and seizures; warrants must be based on probable cause.
Section 11 – Property rights.
Private property shall not be taken for public use without just compensation.
Section 12 – Open courts.
Courts shall be open to every person for injury done to them in their person, property, or character, and justice shall be administered without delay.
Section 13 – Imprisonment for debt.
No person shall be imprisoned for debt except in cases of fraud.
Section 14 – Military subordinate to civil power.
The military shall be subordinate to the civil power.
Section 15 – Quartering of soldiers.
No soldier shall be quartered in any house in time of peace without the owner's consent.
Section 16 – Bills of attainder; ex post facto laws.
No bill of attainder, ex post facto law, or law impairing contracts shall be passed.
Section 17 – Elections.
All elections must be free and equal.
Section 18 – Right to bear arms.
All individuals have the right to keep and bear arms for the defense of themselves, their property, and the state.
Section 19 – Rights retained by people.
The listing of rights in this constitution shall not deny others retained by the people.
Section 20 – Marriage and family.
(As of amendment passed in 2004) Defines marriage as between a man and a woman. (Note: this section may be impacted by U.S. Supreme Court rulings on same-sex marriage.)
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