West Virginia Constitution Article III. Bill of Rights
West Virginia Constitution – Article III: Bill of Rights
Article III of the West Virginia Constitution is the state’s Bill of Rights, and it serves as the foundation for civil liberties and individual freedoms in West Virginia. It parallels the U.S. Bill of Rights but often provides broader protections.
🔹 Key Sections & Rights in Article III:
Section 1 – Inherent Rights
All people are by nature free and independent.
They have inherent rights, including the right to life, liberty, property, and the pursuit of happiness.
Section 3 – Government Derives Power from the People
All political power is vested in and derived from the people.
Government officials are accountable to the citizens.
Section 4 – Equal Protection
All citizens are entitled to equal and uniform government, ensuring equal protection under the law.
Section 5 – Right to Trial by Jury
The right to a jury trial is preserved in both criminal and civil cases.
Section 6 – Freedom of Speech and Press
Individuals may freely speak, write, and publish on all subjects, being responsible for abuse of that freedom.
Section 7 – Freedom of Religion
No one shall be compelled to attend or support any religious worship.
There is a strong separation of church and state.
Section 9 – Protection Against Unreasonable Searches and Seizures
Includes the requirement of warrants supported by probable cause.
Section 10 – Criminal Proceedings Protections
Right to due process, a fair and speedy trial, to be informed of the charges, and to confront witnesses.
Section 18 – Right to Bear Arms
Citizens have the right to keep and bear arms for lawful purposes like self-defense.
Section 20 – Rights Retained by the People
Reaffirms that enumeration of certain rights shall not deny others retained by the people—similar to the U.S. Constitution's 9th Amendment.
🔸 Notable Characteristics:
Broader Protections: West Virginia courts have interpreted some of these rights more broadly than federal courts have interpreted the U.S. Constitution.
Civil Liberties Focus: Article III demonstrates West Virginia’s deep commitment to personal liberty, justice, and limited government power.
Would you lie a clause-by-clause explanation, or a comparison with the U.S. Bill of Rights or another state’s Bill of Rights?
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