Article 1, Indiana Constitution

Indiana Constitution
Preamble
Articles
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Article 1 of the Indiana Constitution is entitled Bill of Rights and consists of 38 sections.

Section 1

Text of Section 1: Inherent Rights WE DECLARE, That all people are created equal; that they are endowed by their CREATOR with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness; that all power is inherent in the people; and that all free governments are, and of right ought to be, founded on their authority, and instituted for their peace, safety, and well-being. For the advancement of these ends, the people have, at all times, an indefeasible right to alter and reform their government.

Amendments

• As amended on November 6, 1984.

Section 2

	Text of Section 2: Right to Worship All people shall be secured in the natural right to worship ALMIGHTY GOD, according to the dictates of their own consciences.

Amendments

• As amended on November 6, 1984.

Section 3

	Text of Section 3: Freedom of Religious Opinions No law shall, in any case whatever, control the free exercise and enjoyment of religious opinions, or interfere with the rights of conscience.

Section 4

	Text of Section 4: Freedom of Religion No preference shall be given, by law, to any creed, religious society, or mode of worship; and no person shall be compelled to attend, erect, or support, any place of worship, or to maintain any ministry, against his consent.

Amendments

• As amended on November 6, 1984.

Section 5

	Text of Section 5: No Religious Test for Office No religious test shall be required, as a qualification for any office of trust or profit.

Section 6

	Text of Section 6: No State Money for Religious Institutions No money shall be drawn from the treasury, for the benefit of any religious or theological institution.

Section 7

	Text of Section 7: Religion No Bar to Competency of Witnesses No person shall be rendered incompetent as a witness, in consequence of his opinions on matters of religion.

Section 8

	Text of Section 8: Mode of Oath Administration 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 9

	Text of Section 9: Freedom of Thought and Speech No law shall be passed, restraining the free interchange of thought and opinion, or restricting the right to speak, write, or print, freely, on any subject whatever: but for the abuse of that right, every person shall be responsible.

Section 10

	Text of Section 10: Libel, Truth as Defense In all prosecutions for libel, the truth of the matters alleged to be libelous, may be given in justification.

Section 11

	Text of Section 11: Search and Seizure The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search or seizure, 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 person or thing to be seized.

Section 12

	Text of Section 12: Openess of the Courts, Speedy Trial All courts shall be open; and every person, for injury done to him in his person, property, or reputation, shall have remedy by due course of law. Justice shall be administered freely, and without purchase; completely, and without denial; speedily, and without delay.

Amendments

• As amended on November 6, 1984.

Section 13

Text of Section 13: Rights of Accused, Rights of Victims (a) In all criminal prosecutions, the accused shall have the right to a public trial, by an impartial jury, in the county in which the offense shall have been committed; to be heard by himself and counsel; to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the witnesses face to face, and to have compulsory process for obtaining witnesses in his favor. (b) Victims of crime, as defined by law, shall have the right to be treated with fairness, dignity, and respect throughout the criminal justice process; and, as defined by law, to be informed of and present during public hearings and to confer with the prosecution, to the extent that exercising these rights does not infringe upon the constitutional rights of the accused.

Amendments

• Approval of Indiana Victims' Rights Act, Public Question 1 (1996) and amended on November 6, 1984.

Section 14

	Text of Section 14: Double Jeopardy and Self-incrimination No person shall be put in jeopardy twice for the same offense. No person, in any criminal prosecution, shall be compelled to testify against himself.

Section 15

	Text of Section 15: Rights of Persons Arrested No person arrested, or confined in jail, shall be treated with unnecessary rigor.

Section 16

	Text of Section 16: Excessive Bail or Fines, Cruel and Unusual Punishment Excessive bail shall not be required. Excessive fines shall not be imposed. Cruel and unusual punishments shall not be inflicted. All penalties shall be proportioned to the nature of the offense.

Section 17

	Text of Section 17: Bailable Offenses Offenses, other than murder or treason, shall be bailable by sufficient sureties. Murder or treason shall not be bailable, when the proof is evident, or the presumption strong.

Section 18

	Text of Section 18: Penal Code and Reformation The penal code shall be founded on the principles of reformation, and not of vindictive justice.

Section 19

	Text of Section 19: Criminal Cases--Jury Determination In all criminal cases whatever, the jury shall have the right to determine the law and the facts.

Section 20

	Text of Section 20: Civil Cases--Right of Trial by Jury In all civil cases, the right of trial by jury shall remain inviolate.

Section 21

	Text of Section 21: Compensation for Services and Property No person's particular services shall be demanded, without just compensation. No person's property shall be taken by law, without just compensation; nor, except in case of the State, without such compensation first assessed and tendered.

Amendments

• As amended on November 6, 1984.

Section 22

	Text of Section 22: Debts--Imprisonment Exemption 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: and there shall be no imprisonment for debt, except in case of fraud.

Section 23

	Text of Section 23: Equal Privileges and Immunities The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens.

Section 24

	Text of Section 24: Ex Post Facto Laws No ex post facto law, or law impairing the obligation of contracts, shall ever be passed.

Section 25

	Text of Section 25: Laws--Taking Effect No law shall be passed, the taking effect of which shall be made to depend upon any authority, except as provided in this Constitution.

Section 26

	Text of Section 26: Suspension of Laws The operation of the laws shall never be suspended, except by the authority of the General Assembly.

Section 27

	Text of Section 27: Habeas Corpus The privilege of the writ of habeas corpus shall not be suspended, except in case of rebellion or invasion; and then, only if the public safety demand it.

Section 28

	Text of Section 28: Treason Defined Treason against the State shall consist only in levying war against it, and in giving aid and comfort to its enemies.

Section 29

	Text of Section 29: Treason, Proof No person shall be convicted of treason, except on the testimony of two witnesses to the same overt act, or upon his confession in open court.

Section 30

	Text of Section 30: Effect of Conviction No conviction shall work corruption of blood, or forfeiture of estate.

Section 31

	Text of Section 31: Right of Assemblage and Petition No law shall restrain any of the inhabitants of the State from assembling together in a peaceable manner, to consult for their common good; nor from instructing their representatives; nor from applying to the General Assembly for redress of grievances.

Section 32

	Text of Section 32: Arms--Right to Bear The people shall have a right to bear arms, for the defense of themselves and the State.

Section 33

	Text of Section 33: Military The military shall be kept in strict subordination to the civil power.

Section 34

	Text of Section 34: Quartering of Soldiers No soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor, in time of war, but in a manner to be prescribed by law.

Section 35

	Text of Section 35: Titles of Nobility The General Assembly shall not grant any title of nobility, nor confer hereditary distinctions.

Section 36

	Text of Section 36: Freedom of Emigration Emigration from the State shall not be prohibited.

Section 37

	Text of Section 37: Slavery--Prohibition There shall be neither slavery, nor involuntary servitude, within the State, otherwise than for the punishment of crimes, whereof the party shall have been duly convicted.

Amendments

• As amended on November 6, 1984.

Section 39

Text of Section 39: (a) The right to hunt, fish, and harvest wildlife: (1) is a valued part of Indiana's heritage; and (2) shall be forever preserved for the public good. (b) The people have a right, which includes the right to use traditional methods, to hunt, fish, and harvest wildlife, subject only to the laws prescribed by the General Assembly and rules prescribed by virtue of the authority of the General Assembly to: (1) promote wildlife conservation and management; and (2) preserve the future of hunting and fishing. (c) Hunting and fishing shall be a preferred means of managing and controlling wildlife. (d) This section shall not be construed to limit the application of any provision of law relating to trespass or property rights.

Amendments

• Added on November 8, 2016, via voter approval of Public Question 1.

See also

• State constitution
• Constitutional article
• Constitutional amendment
• Constitutional revision
• Constitutional convention
• Amendments
  • Initiated constitutional amendment
  • Legislatively-referred constitutional amendment
  • Publication requirements for proposed state constitutional amendments
  • Rules about constitutional conventions in state constitutions
  • State constitutional articles governing state legislatures

External links

Suggest a link

• Indiana.gov, "Indiana Constitution"
• Indiana.gov, "State Constitutions"
• Indiana.gov, "Original Constitution of 1816"
• Indiana.gov, "Constitution of 1851"
• Indiana Public Media, "Posts tagged Indiana Constitution"

Additional reading

• McLauchlan, William P. (1996). The Indiana State Constitution: A Reference Guide Westport, Connecticut: Greenwood Press
• Indiana.gov, "The 1851 Indiana Constitution" by David G. Vanderstel
• Indiana.gov, "Indiana Bill of Rights" by Randall T. Shepard, Chief Justice, Indiana Supreme Court
• Indiana.gov, "Indiana's Constitutional Past" by Justice Brent E. Dickson, Justice, Indiana Supreme Court