Bill of Rights, Kentucky Constitution
- 1 Preamble
- 2 Section 1
- 3 Section 2
- 4 Section 3
- 5 Section 4
- 6 Section 5
- 7 Section 6
- 8 Section 7
- 9 Section 8
- 10 Section 9
- 11 Section 10
- 12 Section 11
- 13 Section 12
- 14 Section 13
- 15 Section 14
- 16 Section 15
- 17 Section 16
- 18 Section 17
- 19 Section 18
- 20 Section 19
- 21 Section 20
- 22 Section 21
- 23 Section 22
- 24 Section 23
- 25 Section 24
- 26 Section 25
- 27 Section 26
- 28 See also
- 29 External links
- 30 Additional reading
- 31 References
| Text of Preamble:
That the great and essential principles of liberty and free government may be recognized and established, we declare that:
| Text of Section 1:
All men are, by nature, free and equal, and have certain inherent and inalienable rights, among which may be reckoned:
First: The right of enjoying and defending their lives and liberties.
Second: The right of worshipping Almighty God according to the dictates of their consciences.
Third: The right of seeking and pursuing their safety and happiness.
Fourth: The right of freely communicating their thoughts and opinions.
Fifth: The right of acquiring and protecting property.
Sixth: The right of assembling together in a peaceable manner for their common good, and of applying to those invested with the power of government for redress of grievances or other proper purposes, by petition, address or remonstrance.
Seventh: The right to bear arms in defense of themselves and of the State, subject to the power of the General Assembly to enact laws to prevent persons from carrying concealed weapons.
| Text of Section 2:
Absolute and arbitrary power over the lives, liberty and property of freemen exists nowhere in a republic, not even in the largest majority.
| Text of Section 3:
All men, when they form a social compact, are equal; and no grant of exclusive, separate public emoluments or privileges shall be made to any man or set of men, except in consideration of public services; but no property shall be exempt from taxation except as provided in this Constitution, and every grant of a franchise, privilege or exemption, shall remain subject to revocation, alteration or amendment.
| Text of Section 4:
All power is inherent in the people, and all free governments are founded on their authority and instituted for their peace, safety, happiness and the protection of property. For the advancement of these ends, they have at all times an inalienable and indefeasible right to alter, reform or abolish their government in such manner as they may deem proper.
| Text of Section 5:
No preference shall ever be given by law to any religious sect, society or denomination; nor to any particular creed, mode of worship or system of ecclesiastical polity; nor shall any person be compelled to attend any place of worship, to contribute to the erection or maintenance of any such place, or to the salary or support of any minister of religion; nor shall any man be compelled to send his child to any school to which he may be conscientiously opposed; and the civil rights, privileges or capacities of no person shall be taken away, or in anywise diminished or enlarged, on account of his belief or disbelief of any religious tenet, dogma or teaching. No human authority shall, in any case whatever, control or interfere with the rights of conscience.
| Text of Section 6:
All elections shall be free and equal.
| Text of Section 7:
The ancient mode of trial by jury shall be held sacred, and the right thereof remain inviolate, subject to such modifications as may be authorized by this Constitution.
| Text of Section 8:
Printing presses shall be free to every person who undertakes to examine the proceedings of the General Assembly or any branch of government, and no law shall ever be made to restrain the right thereof. Every person may freely and fully speak, write and print on any subject, being responsible for the abuse of that liberty.
| Text of Section 9:
In prosecutions for the publication of papers investigating the official conduct of officers or men in a public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence; and in all indictments for libel the jury shall have the right to determine the law and the facts, under the direction of the court, as in other cases.
| Text of Section 10:
The people shall be secure in their persons, houses, papers and possessions, from unreasonable search and seizure; and no warrant shall issue to search any place, or seize any person or thing, without describing them as nearly as may be, nor without probable cause supported by oath or affirmation.
| Text of Section 11:
In all criminal prosecutions the accused has 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, and to have compulsory process for obtaining witnesses in his favor. He cannot be compelled to give evidence against himself, nor can he be deprived of his life, liberty or property, unless by the judgment of his peers or the law of the land; and in prosecutions by indictment or information, he shall have a speedy public trial by an impartial jury of the vicinage; but the General Assembly may provide by a general law for a change of venue in such prosecutions for both the defendant and the Commonwealth, the change to be made to the most convenient county in which a fair trial can be obtained.
| Text of Section 12:
No person, for an indictable offense, shall be proceeded against criminally by information, except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war or public danger, or by leave of court for oppression or misdemeanor in office.
| Text of Section 13:
No person shall, for the same offense, be twice put in jeopardy of his life or limb, nor shall any man's property be taken or applied to public use without the consent of his representatives, and without just compensation being previously made to him.
| Text of Section 14:
All courts shall be open, and every person for an injury done him in his lands, goods, person or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial or delay.
| Text of Section 15:
No power to suspend laws shall be exercised unless by the General Assembly or its authority.
| Text of Section 16:
All prisoners shall be bailable by sufficient securities, unless for capital offenses when the proof is evident or the presumption great: and the privilege of the writ of habeas corpus shall not be suspended unless when, in case of rebellion or invasion, the public safety may require it.
| Text of Section 17:
Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishment inflicted.
| Text of Section 18:
The person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison after delivering up his estate for the benefit of his creditors in such manner as shall be prescribed by law.
| Text of Section 19:
(1) No ex post facto law, nor any law impairing the obligation of contracts, shall be enacted.
(2) In any instrument heretofore or hereafter executed purporting to sever the surface and mineral estates or to grant a mineral estate or to grant a right to extract minerals, which fails to state or describe in express and specific terms the method of coal extraction to be employed, or where said instrument contains language subordinating the surface estate to the mineral estate, it shall be held, in the absence of clear and convincing evidence to the contrary, that the intention of the parties to the instrument was that the coal be extracted only by the method or methods of commercial coal extraction commonly known to be in use in Kentucky in the area affected at the time the instrument was executed, and that the mineral estate be dominant to the surface estate for the purposes of coal extraction by only the method or methods of commercial coal extraction commonly known to be in use in Kentucky in the area affected at the time the instrument was executed.
- Amended by Mineral Rights Amendment, 1988 amendment in 1988.
| Text of Section 20:
No person shall be attainted of treason or felony by the General Assembly, and no attainder shall work corruption of blood, nor, except during the life of the offender, forfeiture of estate to the Commonwealth.
| Text of Section 21:
The estate of such persons as shall destroy their own lives shall descend or vest as in cases of natural death; and if any person shall be killed by casualty, there shall be no forfeiture by reason thereof.
| Text of Section 222:
No standing army shall, in time of peace, be maintained without the consent of the General Assembly; and the military shall, in all cases and at all times, be in strict subordination to the civil power; nor shall any soldier, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, except in a manner prescribed by law.
| Text of Section 23:
The General Assembly shall not grant any title of nobility or hereditary distinction, nor create any office the appointment of which shall be for a longer time than a term of years.
| Text of Section 24:
Emigration from the State shall not be prohibited.
| Text of Section 25:
Slavery and involuntary servitude in this State are forbidden, except as a punishment for crime, whereof the party shall have been duly convicted.
| Text of Section 26:
To guard against transgression of the high powers which we have delegated, We Declare that every thing in this Bill of Rights is excepted out of the general powers of government, and shall forever remain inviolate; and all laws contrary thereto, or contrary to this Constitution, shall be void.
- State constitution
- Constitutional article
- Constitutional amendment
- Constitutional revision
- Constitutional convention
- Kentucky Legislature, "Kentucky Constitution"
- The Kentucky Gazette, "To understand constitution, look to its history", August 3, 1999
- Ireland, Robert M. (1999). The Kentucky State Constitution: A Reference Guide, Westport, Connecticut: Greenwood Press
- Legislative Research Commission, "Text of the Kentucky Constitutions of 1792, 1799 and 1850" (1965)
- Legislative Research Commission(February 2003) "Constitutional Background," in the Kentucky Government: Informational Bulletin No. 137 (Revised), Frankfort, Kentucky: Kentucky Legislative Research Commission
- Kleber, John E. (1992). "Constitutions" in The Kentucky Encyclopedia, eds. Thomas D. Clark, Lowell H. Harrison, and James C. Klotter, Lexington, Kentucky: The University Press of Kentucky
- McQueen, Keven (2001). "William Goebel: Assassinated Governor," in Offbeat Kentuckians: Legends to Lunatics, ed. by Keven McQueen, Kuttawa, Kentucky: McClanahan Publishing House