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Difference between revisions of "Article I, Washington State Constitution"

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{{WAConstitution}}{{TOCnestright}}'''Article 1''' of the [[Washington State Constitution]] is labelled '''Declaration of Rights.'''  It includes 35 sections and has been amended [[:Category:Amendments to Article I of the Washington State Constitution|seven times]] since the current version of the [[Washington State Constitution]] was ratified on October 1, 1889.
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{{WAConstitution}}{{TOCnestright}}'''Article 1''' of the [[Washington State Constitution]] is labeled '''Declaration of Rights.'''  It includes 35 sections and has been amended [[:Category:Amendments to Article I of the Washington State Constitution|seven times]] since the current version of the [[Washington State Constitution]] was ratified on October 1, 1889.
  
 
==Section 1==
 
==Section 1==
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* [[Washington Chaplains, Amendment 88 (1993)|Amendment 88, 1993 House Joint Resolution No. 4200]], which was approved on [[1993 ballot measures#Washington|November 2, 1993]].
 
* [[Washington Chaplains, Amendment 88 (1993)|Amendment 88, 1993 House Joint Resolution No. 4200]], which was approved on [[1993 ballot measures#Washington|November 2, 1993]].
  
* [[State of Washington Religious Freedom, Amendment 34 (1958)|Amendment 34, 1957 Senate Joint Resolution No. 14]], p 1299, which was approved on [[1958 ballot measures#Washington|November 4, 1958]].
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* [[Washington State Employed Chaplains, Amendment 34 (1958)|Amendment 34, 1957 Senate Joint Resolution No. 14]], p 1299, which was approved on [[1958 ballot measures#Washington|November 4, 1958]].
  
 
:Amendment 34 (1957) - Art. 1 Section 11, Religious Freedom: Absolute freedom of conscience in all matters of religious sentiment, belief and worship, shall be guaranteed to every individual, and no one shall be molested or disturbed in person or property on account of religion; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace and safety of the state. No public money or property shall be appropriated for or applied to any religious worship, exercise or instruction, or the support of any religious establishment: Provided, however, That this article shall not be so construed as to forbid the employment by the state of a chaplain for such of the state custodial, correctional and mental institutions as in the discretion of the legislature may seem justified. No religious qualification shall be required for any public office or employment, nor shall any person be incompetent as a witness or juror, in consequence of his opinion on matters of religion, nor be questioned in any court of justice touching his religious belief to affect the weight of his testimony.  
 
:Amendment 34 (1957) - Art. 1 Section 11, Religious Freedom: Absolute freedom of conscience in all matters of religious sentiment, belief and worship, shall be guaranteed to every individual, and no one shall be molested or disturbed in person or property on account of religion; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace and safety of the state. No public money or property shall be appropriated for or applied to any religious worship, exercise or instruction, or the support of any religious establishment: Provided, however, That this article shall not be so construed as to forbid the employment by the state of a chaplain for such of the state custodial, correctional and mental institutions as in the discretion of the legislature may seem justified. No religious qualification shall be required for any public office or employment, nor shall any person be incompetent as a witness or juror, in consequence of his opinion on matters of religion, nor be questioned in any court of justice touching his religious belief to affect the weight of his testimony.  
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|-
 
|-
 
|  
 
|  
| '''Text of Section 1:'''
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| '''Text of Section 16:'''
 
'''Eminent Domain.'''
 
'''Eminent Domain.'''
  
Private property shall not be taken for private use, except for private ways of necessity, and for drains, flumes, or ditches on or across the lands of others for agricultural, domestic, or sanitary purposes. No private property shall be taken or damaged for public or private use without just compensation having been first made, or paid into court for the owner, and no right-of-way shall be appropriated to the use of any corporation other than municipal until full compensation therefor be first made in money, or ascertained and paid into court for the owner, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury, unless a jury be waived, as in other civil cases in courts of record, in the manner prescribed by law. Whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really public shall be a judicial question, and determined as such, without regard to any legislative assertion that the use is public: Provided, That the taking of private property by the state for land reclamation and settlement purposes is hereby declared to be for public use.  
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Private property shall not be taken for private use, except for private ways of necessity, and for drains, flumes, or ditches on or across the lands of others for agricultural, domestic, or sanitary purposes. No private property shall be taken or damaged for public or private use without just compensation having been first made, or paid into court for the owner, and no right-of-way shall be appropriated to the use of any corporation other than municipal until full compensation therefore be first made in money, or ascertained and paid into court for the owner, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury, unless a jury be waived, as in other civil cases in courts of record, in the manner prescribed by law. Whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really public shall be a judicial question, and determined as such, without regard to any legislative assertion that the use is public: Provided, That the taking of private property by the state for land reclamation and settlement purposes is hereby declared to be for public use.  
  
 
|}
 
|}
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===Amendments===
 
===Amendments===
  
* [[State of Washington Eminent Domain, Amendment 9 (1920)|State of Washington Constitutional Amendment 9]], which was approved in [[1920 ballot measures#Washington|November 1920]].]
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* [[State of Washington Eminent Domain, Amendment 9 (1920)|State of Washington Constitutional Amendment 9]], which was approved in [[1920 ballot measures#Washington|November 1920]].
  
 
===Original text===
 
===Original text===
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|  
 
|  
 
|'''Original text of Section 16 of Article 4:'''  
 
|'''Original text of Section 16 of Article 4:'''  
EMINENT DOMAIN - Private property shall not be taken for private use, except for private ways of necessity, and for drains, flumes or ditches on or across the lands of others for agricultural, domestic or sanitary purposes. No private property shall be taken or damaged for public or private use without just compensation having first been made, or paid into court for the owner, and no right of way shall be appropriated to the use of any corporation other than municipal, until full compensation therefor be first made in money, or ascertained and paid into the court for the owner, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury, unless a jury be waived as in other civil cases in courts of record, in the manner prescribed by law. Whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really public shall be a judicial question, and determined as such without regard to any legislative assertion that the use is public.
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EMINENT DOMAIN - Private property shall not be taken for private use, except for private ways of necessity, and for drains, flumes or ditches on or across the lands of others for agricultural, domestic or sanitary purposes. No private property shall be taken or damaged for public or private use without just compensation having first been made, or paid into court for the owner, and no right of way shall be appropriated to the use of any corporation other than municipal, until full compensation therefore be first made in money, or ascertained and paid into the court for the owner, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury, unless a jury be waived as in other civil cases in courts of record, in the manner prescribed by law. Whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really public shall be a judicial question, and determined as such without regard to any legislative assertion that the use is public.
 
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'''Bail, When Authorized.'''
 
'''Bail, When Authorized.'''
  
All persons charged with crime shall be bailable by sufficient sureties, except for capital offenses when the proof is evident, or the presumption great.
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All persons charged with crime shall be bailable by sufficient sureties, except for capital offenses when the proof is evident, or the presumption great. Bail may be denied for offenses punishable by the possibility of life in prison upon a showing by clear and convincing evidence of a propensity for violence that creates a substantial likelihood of danger to the community or any persons, subject to such limitations as shall be determined by the legislature.
 
|}
 
|}
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 +
Amended by [[Washington Judge Bail Authority Amendment, HJR 4220 (2010)|House Joint Resolution 4220]] on November 2, 2010.
  
 
==Section 21==
 
==Section 21==

Revision as of 21:37, 22 October 2012

Washington Constitution
StateConstitutions Ballotpedia.jpg
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIIXIIIXIVXVXVIXVIIXVIIIXIXXXXXIXXIIXXIIIXXIVXXVXXVIXXVIIXXVIIIXXIXXXXXXXIXXXII
Amendments
Article 1 of the Washington State Constitution is labeled Declaration of Rights. It includes 35 sections and has been amended seven times since the current version of the Washington State Constitution was ratified on October 1, 1889.

Section 1

Text of Section 1:

Political Power

All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights.

Section 2

Text of Section 2:

Supreme Law of the Land

The Constitution of the United States is the supreme law of the land.

Section 3

Text of Section 3:

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

Section 4

Text of Section 4:

Right of Petition and Assemblage

The right of petition and of the people peaceably to assemble for the common good shall never be abridged.

Section 5

Text of Section 5:

Freedom of Speech

Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that right.

Section 6

Text of Section 6:

Oaths - Mode of Administering

The mode of administering an oath, or affirmation, shall be such as may be most consistent with and binding upon the conscience of the person to whom such oath, or affirmation, may be administered.

Section 7

Text of Section 7:

Invasion of Private Affairs or Home Prohibited

No person shall be disturbed in his private affairs, or his home invaded, without authority of law.

Section 8

Text of Section 8:

Irrevocable Privilege, Franchise or Immunity Prohibited.

No law granting irrevocably any privilege, franchise or immunity, shall be passed by the legislature.

Section 9

Text of Section 9:

Rights of Accused Persons.

No person shall be compelled in any criminal case to give evidence against himself, or be twice put in jeopardy for the same offense.

Section 10

Text of Section 10:

Administration of Justice

Justice in all cases shall be administered openly, and without unnecessary delay.

Section 11

Text of Section 11:

Religious Freedom.

Absolute freedom of conscience in all matters of religious sentiment, belief and worship, shall be guaranteed to every individual, and no one shall be molested or disturbed in person or property on account of religion; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace and safety of the state. No public money or property shall be appropriated for or applied to any religious worship, exercise or instruction, or the support of any religious establishment: PROVIDED, HOWEVER, That this article shall not be so construed as to forbid the employment by the state of a chaplain for such of the state custodial, correctional, and mental institutions, or by a county's or public hospital district's hospital, health care facility, or hospice, as in the discretion of the legislature may seem justified. No religious qualification shall be required for any public office or employment, nor shall any person be incompetent as a witness or juror, in consequence of his opinion on matters of religion, nor be questioned in any court of justice touching his religious belief to affect the weight of his testimony.

Amendments

Amendment 34 (1957) - Art. 1 Section 11, Religious Freedom: Absolute freedom of conscience in all matters of religious sentiment, belief and worship, shall be guaranteed to every individual, and no one shall be molested or disturbed in person or property on account of religion; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace and safety of the state. No public money or property shall be appropriated for or applied to any religious worship, exercise or instruction, or the support of any religious establishment: Provided, however, That this article shall not be so construed as to forbid the employment by the state of a chaplain for such of the state custodial, correctional and mental institutions as in the discretion of the legislature may seem justified. No religious qualification shall be required for any public office or employment, nor shall any person be incompetent as a witness or juror, in consequence of his opinion on matters of religion, nor be questioned in any court of justice touching his religious belief to affect the weight of his testimony.
Amendment 4 (1904) - Art. 1 Section 11, Religious Freedom: Absolute freedom of conscience in all matters of religious sentiment, belief and worship, shall be guaranteed to every individual, and no one shall be molested or disturbed in person or property on account of religion; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace and safety of the state. No public money or property shall be appropriated for or applied to any religious worship, exercise or instruction, or the support of any religious establishment. Provided, however, That this article shall not be so construed as to forbid the employment by the state of a chaplain for the state penitentiary, and for such of the state reformatories as in the discretion of the legislature may seem justified. No religious qualification shall be required for any public office or employment, nor shall any person be incompetent as a witness or juror, in consequence of his opinion on matters of religion, nor be questioned in any court of justice touching his religious belief to affect the weight of his testimony.

Original text

Original text of Section 11 of Article 1:

RELIGIOUS FREEDOM - Absolute freedom of conscience in all matters of religious sentiment, belief, and worship, shall be guaranteed to every individual, and no one shall be molested or disturbed in person, or property, on account of religion; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace and safety of the state. No public money or property shall be appropriated for, or applied to any religious worship, exercise or instruction, or the support of any religious establishment. No religious qualification shall be required for any public office, or employment, nor shall any person be incompetent as a witness, or juror, in consequence of his opinion on matters of religion, nor be questioned in any court of justice touching his religious belief to affect the weight of his testimony.

Section 12

Text of Section 12:

Special Privileges and Immunities Prohibited.

No law shall be passed granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which upon the same terms shall not equally belong to all citizens, or corporations.

Section 13

Text of Section 13:

Habeas Corpus

The privilege of the writ of habeas corpus shall not be suspended, unless in case of rebellion or invasion the public safety requires it.

Section 14

Text of Section 14:

Excessive Bail, Fines and Punishments.

Excessive bail shall not be required, excessive fines imposed, nor cruel punishment inflicted.

Section 15

Text of Section 15:

Convictions, Effect Of.

No conviction shall work corruption of blood, nor forfeiture of estate.

Section 16

Text of Section 16:

Eminent Domain.

Private property shall not be taken for private use, except for private ways of necessity, and for drains, flumes, or ditches on or across the lands of others for agricultural, domestic, or sanitary purposes. No private property shall be taken or damaged for public or private use without just compensation having been first made, or paid into court for the owner, and no right-of-way shall be appropriated to the use of any corporation other than municipal until full compensation therefore be first made in money, or ascertained and paid into court for the owner, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury, unless a jury be waived, as in other civil cases in courts of record, in the manner prescribed by law. Whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really public shall be a judicial question, and determined as such, without regard to any legislative assertion that the use is public: Provided, That the taking of private property by the state for land reclamation and settlement purposes is hereby declared to be for public use.

Amendments

Original text

Original text of Section 16 of Article 4:

EMINENT DOMAIN - Private property shall not be taken for private use, except for private ways of necessity, and for drains, flumes or ditches on or across the lands of others for agricultural, domestic or sanitary purposes. No private property shall be taken or damaged for public or private use without just compensation having first been made, or paid into court for the owner, and no right of way shall be appropriated to the use of any corporation other than municipal, until full compensation therefore be first made in money, or ascertained and paid into the court for the owner, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury, unless a jury be waived as in other civil cases in courts of record, in the manner prescribed by law. Whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really public shall be a judicial question, and determined as such without regard to any legislative assertion that the use is public.

Section 17

Text of Section 17:

Imprisonment for Debt.

There shall be no imprisonment for debt, except in cases of absconding debtors.

Section 18

Text of Section 18:

Military Power, Limitation Of.

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

Section 19

Text of Section 19:

Freedom of Elections.

All Elections shall be free and equal, and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage.

Section 20

Text of Section 20:

Bail, When Authorized.

All persons charged with crime shall be bailable by sufficient sureties, except for capital offenses when the proof is evident, or the presumption great. Bail may be denied for offenses punishable by the possibility of life in prison upon a showing by clear and convincing evidence of a propensity for violence that creates a substantial likelihood of danger to the community or any persons, subject to such limitations as shall be determined by the legislature.

Amended by House Joint Resolution 4220 on November 2, 2010.

Section 21

Text of Section 21:

Trial By Jury.

The right of trial by jury shall remain inviolate, but the legislature may provide for a jury of any number less than twelve in courts not of record, and for a verdict by nine or more jurors in civil cases in any court of record, and for waiving of the jury in civil cases where the consent of the parties interested is given thereto.

Section 22

Text of Section 22:

Rights of the Accused.

In criminal prosecutions the accused shall have the right to appear and defend in person, or by counsel, to demand the nature and cause of the accusation against him, to have a copy thereof, to testify in his own behalf, to meet the witnesses against him face to face, to have compulsory process to compel the attendance of witnesses in his own behalf, to have a speedy public trial by an impartial jury of the county in which the offense is charged to have been committed and the right to appeal in all cases: Provided, The route traversed by any railway coach, train or public conveyance, and the water traversed by any boat shall be criminal districts; and the jurisdiction of all public offenses committed on any such railway car, coach, train, boat or other public conveyance, or at any station or depot upon such route, shall be in any county through which the said car, coach, train, boat or other public conveyance may pass during the trip or voyage, or in which the trip or voyage may begin or terminate. In no instance shall any accused person before final judgment be compelled to advance money or fees to secure the rights herein guaranteed.

Amendments

Original text

Original text of Section 22 of Article I:

RIGHTS OF ACCUSED PERSONS - In criminal prosecution, the accused shall have the right to appear and defend in person, and by counsel, to demand the nature and cause of the accusation against him, to have a copy thereof, to testify in his own behalf, to meet the witnesses against him face to face, to have compulsory process to compel the attendance of witnesses in his own behalf, to have a speedy public trial by an impartial jury of the county in which the offense is alleged to have been committed, and the right to appeal in all cases; and, in no instance, shall any accused person before final judgment be compelled to advance money or fees to secure the rights herein guaranteed.

Section 23

Text of Section 23:

Bill of Attainder, Ex Post Facto Law, Etc.

No bill of attainder, ex post facto law, or law impairing the obligations of contracts shall ever be passed.

Section 24

Text of Section 24:

Right to Bear Arms.

The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain or employ an armed body of men.

Section 25

Text of Section 25:

Prosecution by Information.

Offenses heretofore required to be prosecuted by indictment may be prosecuted by information, or by indictment, as shall be prescribed by law.

Section 26

Text of Section 26:

Grand Jury.

No grand jury shall be drawn or summoned in any county, except the superior judge thereof shall so order.

Section 27

Text of Section 27:

Treason, Defined, Etc.

Treason against the state shall consist only in levying war against the state, or adhering to its enemies, or in 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 confession in open court.

Section 28

Text of Section 28:

Hereditary Privileges Abolished.

No hereditary emoluments, privileges, or powers, shall be granted or conferred in this state.

Section 29

Text of Section 29:

Constitution Mandatory.

The provisions of this Constitution are mandatory, unless by express words they are declared to be otherwise.

Section 30

Text of Section 30:

Rights Reserved.

The enumeration in this Constitution of certain rights shall not be construed to deny others retained by the people.

Section 31

Text of Section 31:

Standing Army. No standing army shall be kept up by this state in time of peace, and no soldier shall in time of peace be quartered in any house without the consent of its owner, nor in time of war except in the manner prescribed by law.

Section 32

Text of Section 32:

Fundamental Principles. A frequent recurrence to fundamental principles is essential to the security of individual right and the perpetuity of free government.

Section 33

Text of Section 33:

Recall of Elective Officers.

Every elective public officer of the state of Washington expect [except] judges of courts of record is subject to recall and discharge by the legal voters of the state, or of the political subdivision of the state, from which he was elected whenever a petition demanding his recall, reciting that such officer has committed some act or acts of malfeasance or misfeasance while in office, or who has violated his oath of office, stating the matters complained of, signed by the percentages of the qualified electors thereof, hereinafter provided, the percentage required to be computed from the total number of votes cast for all candidates for his said office to which he was elected at the preceding election, is filed with the officer with whom a petition for nomination, or certificate for nomination, to such office must be filed under the laws of this state, and the same officer shall call a special election as provided by the general election laws of this state, and the result determined as therein provided.

Amendments

Section 34

Text of Section 34:

Same.

The legislature shall pass the necessary laws to carry out the provisions of section thirty-three (33) of this article, and to facilitate its operation and effect without delay: Provided, That the authority hereby conferred upon the legislature shall not be construed to grant to the legislature any exclusive power of lawmaking nor in any way limit the initiative and referendum powers reserved by the people. The percentages required shall be, state officers, other than judges, senators and representatives, city officers of cities of the first class, school district boards in cities of the first class; county officers of counties of the first, second and third classes, twenty-five per cent. Officers of all other political subdivisions, cities, towns, townships, precincts and school districts not herein mentioned, and state senators and representatives, thirty-five per cent.

Amendments

Section 35

Text of Section 35:

Victims of Crimes - Rights.

Effective law enforcement depends on cooperation from victims of crime. To ensure victims a meaningful role in the criminal justice system and to accord them due dignity and respect, victims of crime are hereby granted the following basic and fundamental rights.

Upon notifying the prosecuting attorney, a victim of a crime charged as a felony shall have the right to be informed of and, subject to the discretion of the individual presiding over the trial or court proceedings, attend trial and all other court proceedings the defendant has the right to attend, and to make a statement at sentencing and at any proceeding where the defendant's release is considered, subject to the same rules of procedure which govern the defendant's rights. In the event the victim is deceased, incompetent, a minor, or otherwise unavailable, the prosecuting attorney may identify a representative to appear to exercise the victim's rights. This provision shall not constitute a basis for error in favor of a defendant in a criminal proceeding nor a basis for providing a victim or the victim's representative with court appointed counsel.

Amendments

External links