Article I, Wisconsin Constitution

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Wisconsin Constitution
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Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIIXIIIXIV
Article I of the Wisconsin Constitution is entitled Declaration of Rights and consists of 27 sections.

Section 1

Text of Section 1:

Equality; Inherent Rights

All people are born equally free and independent, and have certain inherent rights; among these are life, liberty and the pursuit of happiness; to secure these rights, governments are instituted, deriving their just powers from the consent of the governed.[1]

Section 2

Text of Section 2:

Slavery Prohibited

There shall be neither slavery, nor involuntary servitude in this state, otherwise than for the punishment of crime, whereof the party shall have been duly convicted.[1]

Section 3

Text of Section 3:

Free Speech; Libel

Every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right, and no laws shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions or indictments for libel, the truth may be given in evidence, and if it appears to the jury that the matter charged as libelous be true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and fact.[1]

Section 4

Text of Section 4:

Right to Assemble and Petition

The right of the people peaceably to assemble, to consult for the common good, and to petition the government, or any department thereof, shall never be abridged.[1]

Section 5

Text of Section 5:

Trial by Jury; Verdict in Civil Cases

The right of trial by jury shall remain inviolate, and shall extend to all cases at law without regard to the amount in controversy; but a jury trial may be waived by the parties in all cases in the manner prescribed by law. Provided, however, that the legislature may, from time to time, by statute provide that a valid verdict, in civil cases, may be based on the votes of a specified number of the jury, not less than five-sixths thereof.[1]

Section 6

Text of Section 6:

Excessive Bail; Cruel Punishments

Excessive bail shall not be required, nor shall excessive fines be imposed, nor cruel and unusual punishments inflicted.[1]

Section 7

Text of Section 7:

Rights of Accused

In all criminal prosecutions the accused shall enjoy the right to be heard by himself and counsel; to demand the nature and cause of the accusation against him; to meet the witnesses face to face; to have compulsory process to compel the attendance of witnesses in his behalf-, and in prosecutions by indictment, or information, to a speedy public trial by an impartial jury of the county or district wherein the offense shall have been committed; which county or district shall have been previously ascertained by law.[1]

Section 8

Text of Section 8:

Prosecutions; Double Jeopardy; Self-Incrimination; Bail; Habeas Corpus

(1) No person may be held to answer for a criminal offense without due process of law, and no person for the same offense may be put twice in jeopardy of punishment, nor may be compelled in any criminal case to be a witness against himself or herself.

(2) All persons, before conviction, shall be eligible for release under reasonable conditions designed to assure their appearance in court, protect members of the community from serious bodily harm or prevent the intimidation of witnesses. Monetary conditions of release may be imposed at or after the initial appearance only upon a finding that there is a reasonable basis to believe that the conditions are necessary to assure appearance in court. The legislature may authorize, by law, courts to revoke a person's release for a violation of a condition of release.

(3) The legislature may by law authorize, but may not require, circuit courts to deny release for a period not to exceed 10 days prior to the hearing required under this subsection to a person who is accused of committing a murder punishable by life imprisonment or a sexual assault punishable by a maximum imprisonment of 20 years, or who is accused of committing or attempting to commit a felony involving serious bodily harm to another or the threat of serious bodily harm to another and who has a previous conviction for committing or attempting to commit a felony involving serious bodily harm to another or the threat of serious bodily harm to another. The legislature may authorize by law, but may not require, circuit courts to continue to deny release to those accused persons for an additional period not to exceed 60 days following the hearing required under this subsection, if there is a requirement that there be a finding by the court based on clear and convincing evidence presented at a hearing that the accused committed the felony and a requirement that there be a finding by the court that available conditions of release will not adequately protect members of the community from serious bodily harm or prevent intimidation of witnesses. Any law enacted under this subsection shall be specific, limited and reasonable. In determining the 10-day and 60-day periods, the court shall omit any period of time found by the court to result from a delay caused by the defendant or a continuance granted which was initiated by the defendant.

(4) The privilege of the writ of habeas corpus shall not be suspended unless, in cases of rebellion or invasion, the public safety requires it.[1]

Section 9

Text of Section 9:

Remedy for Wrongs

Every person is entitled to a certain remedy in the laws for all injuries, or wrongs which he may receive in his person, property, or character; he ought to obtain justice freely, and without being obliged to purchase it, completely and without denial, promptly and without delay, conformably to the laws.[1]

Section 9m

Text of Section 9m:

Victims of Crime

This state shall treat crime victims, as defined by law, with fairness, dignity and respect for their privacy. This state shall ensure that crime victims have all of the following privileges and protections as provided by law: timely disposition of the case; the opportunity to attend court proceedings unless the trial court finds sequestration is necessary to a fair trial for the defendant; reasonable protection from the accused throughout the criminal justice process; notification of court proceedings; the opportunity to confer with the prosecution; the opportunity to make a statement to the court at disposition; restitution; compensation; and information about the outcome of the case and the release of the accused. The legislature shall provide remedies for the violation of this section. Nothing in this section, or in any statute enacted pursuant to this section, shall limit any right of the accused which may be provided by law.[1]

Section 10

Text of Section 10:

Treason

Treason against the state shall consist only in levying war against the same, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.[1]

Section 11

Text of Section 11:

Searches and Seizures

The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.[1]

Section 12

Text of Section 12:

Attainder; Ex Post Facto; Contracts

No bill of attainder, ex post facto law, nor any law impairing the obligation of contracts, shall ever be passed, and no conviction shall work corruption of blood or forfeiture of estate. Private property for public use.[1]

Section 13

Text of Section 13:

Private Property for Public Use

The property of no person shall be taken for public use without just compensation therefore.[1]

Section 14

Text of Section 14:

Feudal Tenures; Leases; Alienation

All lands within the state are declared to be allodial, and feudal tenures are prohibited. Leases and grants of agricultural land for a longer term than fifteen years in which rent or service of any kind shall be reserved, and all fines and like restraints upon alienation reserved in any grant of land, hereafter made, are declared to be void.[1]

Section 15

Text of Section 15:

Equal Property Rights for Aliens and Citizens

No distinction shall ever be made by law between resident aliens and citizens, in reference to the possession, enjoyment or descent of property.[1]

Section 16

Text of Section 16:

Imprisonment for Debt

No person shall be imprisoned for debt arising out of or founded on a contract, expressed or implied.[1]

Section 17

Text of Section 17:

Exemption of Property of Debtors

The privilege of the debtor to enjoy the necessary comforts of life shall be recognized by wholesome laws, exempting a reasonable amount of property from seizure or sale for the payment of any debt or liability hereafter contracted.[1]

Section 18

Text of Section 18:

Freedom of Worship; Liberty of Conscience; State Religion; Public Funds

The right of every person to worship Almighty God according to the dictates of conscience shall never be infringed; nor shall any person be compelled to attend, erect or support any place of worship, or to maintain any ministry, without consent; nor shall any control of, or interference with, the rights of conscience be permitted, or any preference be given by law to any religious establishments or modes of worship; nor shall any money be drawn from the treasury for the benefit of religious societies, or religious or theological seminaries.[1]

1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982.

Section 19

Text of Section 19:

Religious Tests Prohibited

No religious tests shall ever be required as a qualification for any office of public trust under the state, and no person shall be rendered incompetent to give evidence in any court of law or equity in consequence of his opinions on the subject of religion.[1]

Section 20

Text of Section 20:

Military Subordinate to Civil Power

The military shall be in strict subordination to the civil power.[1]

Section 21

Text of Section 21:

Rights of Suitors

(1) Writs of error shall never be prohibited, and shall be issued by such courts as the legislature designates by law.

(2) In any court of this state, any suitor may prosecute or defend his suit either in his own proper person or by an attorney of the suitor’s choice.[1]

1975 J.R. 13, 1977 J.R. 7, vote April 1977.

Section 22

Text of Section 22:

Maintenance of Free Government

The blessings of a free government can only be maintained by a firm adherence to justice, moderation, temperance, frugality and virtue, and by frequent recurrence to fundamental principles.[1]

Section 23

Text of Section 23:

Transportation of School Children

Nothing in this constitution shall prohibit the legislature from providing for the safety and welfare of children by providing for the transportation of children to and from any parochial or private school or institution of learning.[1]

1965 J.R. 46, 1967 J.R. 13, vote April 1967.

Section 24

Text of Section 24:

Use of School Buildings

Nothing in this constitution shall prohibit the legislature from authorizing, by law, the use of public school buildings by civic, religious or charitable organizations during nonschool hours upon payment by the organization to the school district of reasonable compensation for such use.[1]

1969 J.R. 38, 1971 J.R. 27, vote April 1972.

Section 25

Text of Section 25:

Right to Keep and Bear Arms

The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose.[1]

1995 J.R. 27, 1997 J.R. 21, vote November 1998.

Section 26

Text of Section 26:

Right to Fish, Hunt, Trap, and Take Game

The people have the right to fish, hunt, trap, and take game subject only to reasonable restrictions as prescribed by law.[1]

2001 J.R. 16, 2003 J.R. 8, vote April 2003.

See also

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