


                     CONSTITUTION OF THE STATE OF IDAHO
                            (As amended to 1975)

                                  PREAMBLE

          We, the people of the  State of Idaho, grateful to  Almighty
          God for our freedom, to secure its blessings and promote our
          common welfare do establish this Constitution.

                                   ARTICLE I

                             DECLARATION OF RIGHTS

Sec. 1.   All  men  are  by nature  free and  equal, and  have certain
          inalienable rights, among  which are enjoying  and defending
          life  and  liberty;  acquiring,  possessing  and  protecting
          property; pursuing happiness and securing safety.

Sec. 2.   All political  power is inherent in the people.   Government
          is instituted  for their  equal protection  and benefit, and
          they have  the right  to alter,  reform or  abolish the same
          whenever they may deem  it necessary; and no  special privi-
          leges or immunities  shall ever be  granted that may  not be
          altered, revoked, or repealed by the legislature.

Sec. 3.   The state  of Idaho  is an inseparable part  of the American
          Union,  and  the  Constitution  of  the United States is the
          supreme law of the land.

Sec. 4.   The  exercise and enjoyment  of religious faith and  worship
          shall forever be guaranteed;  and no person shall  be denied
          any  civil  or  political  right,  privilege, or capacity on
          account of his religious  opinions; but the liberty  of con-
          science hereby  secured shall  not be  construed to dispense
          with oaths or affirmations, or excuse acts of licentiousness
          or justify polygamous or other pernicious practices,  incon-
          sistent with morality or the  peace or safety of the  state;
          nor to  permit any  person, organization,  or association to
          directly or indirectly  aid or abet,  counsel or advise  any
          person to  commit the  crime of  bigamy or  polygamy, or any
          other crime.  No person shall be required to attend or  sup-
          port any  ministry or  place of  worship, religious  sect or
          denomination, or pay tithes  against his consent; nor  shall
          any preference be given by law to any religious denomination
          or mode of worship.  Bigamy and polygamy are forever prohib-
          ited in the state, and the legislature shall provide by  law
          for the punishment of such crimes.

Sec. 5.   The  privilege  of  the writ  of habeas  corpus shall not be
          suspended,  unless  in  case  of  rebellion or invasion, the
          public safety requires it, and  then only in such manner  as
          shall be prescribed by law.

Sec. 6.   All persons shall be bailable by sufficient sureties, except
          for capital offenses, when the proof is evident or the  pre-
          sumption great.  Excessive bail  shall not  be required, nor
          excessive fines  imposed, nor  cruel and  unusual punishment
          inflicted.

Sec. 7.   The  right of trial  by jury shall remain  inviolate; but in
          civil actions, three-fourths of  the jury may render  a ver-
          dict, and the legislature may  provide that in all cases  of
          misdemeanors five-sixths of the  jury may render a  verdict.
          A trial  by jury  may be  waived in  all criminal  cases not
          amounting to  felony, by  the consent  of both  parties, ex-
          pressed in open court, and  in civil actions by the  consent
          of the  parties, signified  in such  manner as  may be  pre-
          scribed by law.   In civil actions  the jury may  consist of
          twelve or  of any  number less  than twelve  upon which  the
          parties may agree in open court.  Provided, that in cases of
          misdemeanor and in civil actions within the jurisdiction  of
          any court inferior to the district court, whether such  case
          or action  be tried  in such  inferior court  or in district
          court, the jury shall consist of not more than six.

Sec. 8.   No person shall be held to answer for any felony or criminal
          offense of any grade, unless on presentment or indictment of
          a grand  jury or  on information  of the  public prosecutor,
          after  a  commitment  by  a  magistrate,  except in cases of
          impeachment, in  cases cognizable  by probate  courts or  by
          justices of the peace, and  in cases arising in the  militia
          when in  actual service  in time  of war  or public  danger;
          provided, that a grand jury  may be summoned upon the  order
          of the  district court  in the  manner provided  by law, and
          provided further, that after a charge has been ignored by  a
          grand jury, no person shall be held to answer, or for  trial
          therefor, upon information of the public prosecutor.

Sec. 9.   Every  person  may  freely speak,  write and  publish on all
          subjects, being responsible for the abuse of that liberty.

Sec. 10.  The people shall  have the right to assemble in  a peaceable
          manner, to consult for their common good; to instruct  their
          representatives,  and  to  petition  the legislature for the
          redress of grievances.

Sec. 11.  The people  shall  have  the right  to bear  arms for  their
          security  and  defense;  but  the legislature shall regulate
          the exercise of this right by law.

Sec. 12.  The military shall be subordinate to the civil power; and no
          soldier in  time of  peace shall  be quartered  in any house
          without the consent of the owner, nor in time of war  except
          in the manner prescribed by law.

Sec. 13.  In all  criminal prosecutions, the party accused  shall have
          the right to a speedy and public trial; to have the  process
          of the court  to compel the  attendance of witnesses  in his
          behalf, and to appear and defend in person and with counsel.
          No person shall  be twice put  in jeopardy for  the same of-
          fense; nor be compelled in any criminal case to be a witness
          against himself; nor be deprived of life, liberty, or  prop-
          erty without due process of law.

Sec. 14.  The  necessary use of lands  for the construction of  reser-
          voirs or storage basins,  for the purpose of  irrigation, or
          for rights of way  for the construction of  canals, ditches,
          flumes or pipes, to convey water to the place of use for any
          useful, beneficial or necessary purpose, or for drainage; or
          for the drainage of mines, or the working thereof, by  means
          of roads, railroads, tramways, cuts, tunnels, shafts, hoist-
          ing works, dumps, or other necessary means to their complete
          development of the material  resources of the state,  or the
          preservation of  the health  of its  inhabitants, is  hereby
          declared to be a public  use, and subject to the  regulation
          and control of the state.

          Private property may be taken for public use, but not  until
          a just compensation,  to be ascertained  in the manner  pre-
          scribed by law, shall be paid therefor.

Sec. 15.  There shall be no imprisonment for debt in this state except
          in cases of fraud.

Sec. 16.  No  bill of attainder, ex  post facto law, or  law impairing
          the obligation of contracts shall ever be passed.

Sec. 17   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
          without  probable  cause  shown  by  affidavit, particularly
          describing the place to be searched and the person or  thing
          to be seized.

Sec. 18.  Courts  of  justice shall  be open  to every  person, and  a
          speedy remedy afforded for every injury of person,  property
          or character,  and right  and justice  shall be administered
          without sale, denial, delay, or prejudice.

Sec. 19.  No power,  civil  or military, shall  at any time  interfere
          with or prevent the free and lawful exercise of the right of
          suffrage.

Sec. 20.   No property qualifications  shall ever be  required for any
          person to vote or hold office except in school elections, or
          elections creating indebtedness,  or in irrigation  district
          elections, as to which last- named elections the legislature
          may restrict the voters to land owners.

Sec. 21.  This enumeration of rights shall not be construed to  impair
          or deny other rights retained by the people.

