Bill of Rights, Kansas Constitution

Kansas Constitution
Articles
Ordinance • Preamble • Bill of Rights 1 • 2 • 3 • 4 • 5 • 6 • 7 • 8 • 9 • 10 • 11 • 12 • 13 • 14 • 15

The Bill of Rights of the Kansas Constitution comes between the Preamble and Article 1. It prescribes the rights of the citizens of Kansas.

Section 1

	Text of Section 1: Equal Rights All men are possessed of equal and inalienable natural rights, among which are life, liberty, and the pursuit of happiness.

Section 2

Text of Section 2: Political Power; Privileges All political power is inherent in the people, and all free governments are founded on their authority, and are instituted for their equal protection and benefit. No special privileges or immunities shall ever be granted by the legislature, which may not be altered, revoked or repealed by the same body; and this power shall be exercised by no other tribunal or agency.

Section 3

	Text of Section 3: Right of Peaceable Assembly; Petition The people have the right to assemble, in a peaceable manner, to consult for their common good, to instruct their representatives, and to petition the government, or any department thereof, for the redress of grievances.

Section 4

	Text of Section 4: Bear Arms A person has the right to keep and bear arms for the defense of self, family, home and state, for lawful hunting and recreational use, and for any other lawful purpose; but standing armies, in time of peace, are dangerous to liberty, and shall not be tolerated, and the military shall be in strict subordination to the civil power.

Amendments

• Amended on November 2, 2010 with the approval of Kansas Right to Bear Arms Question, Constitutional Amendment Question 1 (2010).

Section 5

	Text of Section 5: Trial by Jury The right of trial by jury shall be inviolate.

Section 6

	Text of Section 6: Slavery Prohibited There shall be no slavery in this state; and no involuntary servitude, except for the punishment of crime, whereof the party shall have been duly convicted.

Section 7

Text of Section 7: Religious Liberty The right to worship God according to the dictates of conscience shall never be infringed; nor shall any person be compelled to attend or support any form of worship; nor shall any control of or interference with the rights of conscience be permitted, nor any preference be given by law to any religious establishment or mode of worship. No religious test or property qualification shall be required for any office of public trust, nor for any vote at any elections, nor shall any person be incompetent to testify on account of religious belief.

Section 8

	Text of Section 8: Habeas Corpus The right to the writ of habeas corpus shall not be suspended, unless the public safety requires it in case of invasion or rebellion.

Section 9

	Text of Section 9: Bail All persons shall be bailable by sufficient sureties except for capital offenses, where proof is evident or the presumption great. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted.

Section 10

Text of Section 10: Trial; Defense of Accused In all prosecutions, the accused shall be allowed to appear and defend in person, or by counsel; to demand the nature and cause of the accusation against him; to meet the witness face to face, and to have compulsory process to compel the attendance of the witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed. No person shall be a witness against himself, or be twice put in jeopardy for the same offense.

Section 11

Text of Section 11: Liberty of Press and Speech; Libel The liberty of the press shall be inviolate; and all persons may freely speak, write or publish their sentiments on all subjects, being responsible for the abuse of such rights; and in all civil or criminal actions for libel, the truth may be given in evidence to the jury, and if it shall appear that the alleged libelous matter was published for justifiable ends, the accused party shall be acquitted.

Section 12

	Text of Section 12: No Forfeiture of Estate for Crimes No conviction within the state shall work a forfeiture of estate.

Section 13

	Text of Section 13: Treason Treason shall consist only in levying war against the state, adhering to its enemies, or giving them aid and comfort. No person shall be convicted of treason unless on the evidence of two witnesses to the overt act, or confession in open court.

Section 14

	Text of Section 14: Soldiers' Quarters No soldier shall, in time of peace, be quartered in any house without the consent of the occupant, nor in time of war, except as prescribed by law.

Section 15

	Text of Section 15: Search and Seizure The right of the people to be secure in their persons and property against unreasonable searches and seizures shall be inviolate; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons or property to be seized.

Section 16

	Text of Section 16: Imprisonment for Debt No person shall be imprisoned for debt, except in cases of fraud.

Section 17

	Text of Section 17: Property Rights of Citizens and Aliens No distinction shall ever be made between citizens of the state of Kansas and the citizens of other states and territories of the United States in reference to the purchase, enjoyment or descent of property. The rights of aliens in reference to the purchase, enjoyment or descent of property may be regulated by law.

Section 18

	Text of Section 18: Justice Without Delay All persons, for injuries suffered in person, reputation or property, shall have remedy by due course of law, and justice administered without delay.

Section 19

	Text of Section 19: Emoluments or Privileges Prohibited No hereditary emoluments, honors, or privileges shall ever be granted or conferred by the state.

Section 20

	Text of Section 20: Powers Retained by People This enumeration of rights shall not be construed to impair or deny others retained by the people; and all powers not herein delegated remain with the people.

Section 21

Text of Section 21: Right of public to hunt, fish and trap wildlife. The people have the right to hunt, fish and trap, including by the use of traditional methods, subject to reasonable laws and regulations that promote wildlife conservation and management and that preserve the future of hunting and fishing. Public hunting and fishing shall be a preferred means of managing and controlling wildlife. This section shall not be construed to modify any provision of law relating to trespass, property rights or water resources.

Amendments

• Added on November 8, 2016, via voter approval of Constitutional Amendment 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

• Kansas State Library, "Kansas Constitution"
• Kansapedia: Kansas State Historical Society, "Wyandotte Constitution"
• Kansapedia: Kansas State Historical Society, "Kansas Constitutions"

Additional reading

• Heller, Francis H. (2011) The Kansas State Constitution, New York, New York: Oxford University Press
• Wilder, D.W. (1875). The Annals of Kansas
• Cutler, William G. (1883) History of the State of Kansas, Chicago, Illinois: A. T. Andreas