Oklahoma Constitution Article II: BILL OF RIGHTS

Oklahoma Constitution – Article II: Bill of Rights – Summary

Article II of the Oklahoma Constitution is the state’s Bill of Rights, outlining the fundamental rights and liberties of individuals. Modeled after the U.S. Bill of Rights, it includes additional and specific protections unique to Oklahoma.

🔹 Key Sections and Provisions of Article II:

Section 1 – Inherent Rights

All persons have the inherent right to life, liberty, the pursuit of happiness, and the enjoyment of the gains of their own industry.

Section 2 – Inherent Political Power

Political power is inherent in the people and all government is founded on their will.

Section 3 – Right of Assembly

The people have the right to peaceably assemble and petition the government for redress.

Section 4 – Interference with Suffrage

Any interference with the free exercise of voting rights is prohibited.

Section 5 – Religious Liberty

Guarantees freedom of religion and separation of church and state.

No person shall be compelled to attend or support religious worship, nor suffer discrimination based on religious beliefs.

Section 6 – Courts Open and Remedy for Wrongs

Courts must be open to every person, and justice must be administered without delay or denial.

Section 7 – Due Process

No person shall be deprived of life, liberty, or property without due process of law.

Section 8 – Right to Bail and Habeas Corpus

All persons shall be bailable by sufficient sureties, except in capital cases.

The writ of habeas corpus shall never be suspended.

Section 9 – Excessive Bail or Fines, Cruel Punishments

Prohibits excessive bail, fines, and cruel or unusual punishments.

Section 11 – Rights of Accused in Criminal Cases

Guarantees the right to a speedy and public trial, an impartial jury, and to be informed of the charges.

Section 20 – Right to Bear Arms

Recognizes the right of a person to keep and bear arms for self-defense and lawful purposes.

Section 22 – Freedom of Speech and Press

Protects freedom of speech and of the press, holding individuals accountable for abuse of that right.

Section 24 – Eminent Domain

Private property shall not be taken for public use without just compensation.

Section 30 – Search and Seizure

Protects against unreasonable searches and seizures and requires warrants based on probable cause.

🔸 Additional Notable Provisions:

Section 33 prohibits public money from being used for religious purposes.

Section 36 ensures that these rights shall not impair other rights retained by the people.

🏛️ Purpose and Impact:

Article II acts as a strong declaration of individual freedoms.

Offers broader protections in some areas than the U.S. Constitution.

Ensures Oklahoma's laws and government respect civil liberties and legal fairness.

 

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