



                       CONSTITUTION OF THE STATE OF MAINE
                         (as amended to Jan. 1, 1973)    

                                    PREAMBLE             

          We the people of Maine,  in order to establish justice,  in-
          sure tranquility,  provide for  our mutual  defense, promote
          our common welfare, and secure to our selves and our poster-
          ity the blessings of  liberty, acknowledging with gratefu  l
          hearts the goodness of  the Sovereign Ruler of  the Universe
          in affording us an opportunity, so favorable to the  design;
          and, imploring His aid and direct ion in its accomplishment,
          do  agree  to  form  ourselves  into  a free and independent
          State, by the style and title of the STATE OF MAINE, and  do
          ordain and establish the following Constitution for the gov-
          ernment of the same.

                                   ARTICLE I

                                   DECLARATION OF RIGHTS

Art. 1.   All men are born equally free and independent, and have cer-
          tain natural, inherent, and unalienable rights, among  which
          are those of  enjoying and defending  Life and Liberty,  ac-
          quiring, possessing, and protecting property; and of  pursu-
          ing and obtaining safety and happiness.

Sec. 2.   All power is inherent  in  the people; all  free governments
          are fou  nded in  their authority  and instituted  for their
          benefit; they have therefore an unalienable and indefeasible
          right  to  institute  government,  and  to alter, reform, or
          totally change  the same,  when their  safety and  happiness
          require it.

Sec. 3.   All men have a natural and unalienable right to worship  Al-
          mighty God according  to the dictates  of their own  consci-
          ences, and no one shall be h urt, molested or restrained  in
          his person,  liberty or  estate for  worshipping God  in the
          manner and season most agreeable to the dictates of his  own
          conscience,  nor  for  his  religious  professions or senti-
          ments, provided he does not  d isturb the public peace,  nor
          obstruct  others  in  their  religious  worship;  - An d all
          persons demeaning themselves  peaceably, as good  members of
          the  state,  shall  be  equally  under the protection of the
          laws, and no subordination nor preference of any one sect or
          denomination to  another shall  ever be  established by law,
          nor shall any religious test be req uired as a qualification
          for any office or trust,  under this State; and all   relig-
          ious societies in this  State, whether incorporate or  unin-
          corporate, shall at  all times have  the exclusive right  of
          electing their  public teachers,  and contracting  with them
          for their support and maintenance.

Sec. 4.   Every citizen may freely speak, write and publish his senti-
          ments on  any subject,  being responsible  for the  abuse of
          this liberty;  no laws  shal l  be passed  regulating or re-
          straining the freedom of the press; and in prosec utions for
          any publication  respecting the  official conduct  of men in
          public c  apacity, or  the qualifications  of those  who are
          candidates for  the suffrages  of the  people, or  where the
          matter  published  is  proper  for  public informatio n, the
          truth thereof may  be given in  evidence and in  all indict-
          ments for libels, the  jury, after having received  the dire
          ction of  the court,  shall have  a right  to determine,  at
          their discretion, the law and the fact.

Sec. 5.   The people shall be secure in their persons, houses,  papers
          and  possessions  from  all  unreasonable searches and seiz-
          ures; and  no warrant  to sear  ch any  place, or  seize any
          person or thing, shall issue without a special des  ignation
          of the place to be searched,  and the person or thing to  be
          seized, n or without probable  cause - supported by oath  or
          affirmation.

Sec. 6.   In all criminal prosecutions, the accused shall have a right
          to be heard  by himself and  his counsel, or  either, at his
          election; To demand the nature and cause of the  accusation,
          and have a copy thereof;  to be confronted by the  witnesses
          against him; to have compulsory process for obtaining witnes
          ses in  his favor;  to have  a speedy,  public and impartial
          trial, and, except in trials by martial law or  impeachment,
          by a jury of the vicinity. He shall not be compelled to fur-
          nish or give  evidence against himself,  nor be deprived  of
          his life, liberty, property or privileges, but by  judgement
          of his peers or the law of the land.

Sec. 6-A. No  person shall be  deprived of life,  liberty, or property
          without due  process of  law, nor  be denied  the equal pro-
          tection of  the laws,  nor be  denied the  enjoyment of  his
          civil rights  or be  discriminated against  in the  exercise
          thereof.

Sec. 7.   No person shall be held to answer for a capital or  infamous
          crime,  unless  on  a  presentment  or indictment of a grand
          jury, except in  cases of impeachment,  or in such  cases of
          offenses,  as  are  usually  cognizable  by a justice of the
          peace, or in cases  arising in the army  or navy, or in  the
          militia when  in actual  service in  time of  war or  public
          danger. The Legislature shall provide by law a suitable  and
          impartial mode of selecting  juries, and their usual  number
          and unanimity, in indictments and convictions, shall be held
          indispensable.

Sec. 8.   No person, for the same offense, shall be twice put in  jeo-
          pardy of life or limb.

Sec. 9.   Sanguinary laws shall not be passed: all penalties and  pun-
          ishments  shall  be  proportioned  to the offence: excessive
          bail shall not be required, nor excessive fines imposed, nor
          cruel nor unusual punishments inflicted

Sec. 10.  No person before conviction shall be bailable for any of the
          crimes which now are,  or have been denominated  capital of-
          fences since  the adoption  fo the  Constitution, where  the
          proof  is  evident  or  the  presumption great, whatever the
          punishment of the  crimes may be.  And the privilege  of the
          writ of habeas corpus shall not be suspended, unless when in
          cases of rebellion or invasion the public safety may require
          it. [amended by amendment ii]

Sec. 11.  The Legislature shall  pass  no bill  of attainder, ex  post
          facto law,  nor law  impairing the  obligation of contracts,
          and no  attainder shall  work corruption  of blood  nor for-
          feiture of estate.

Sec. 12.  Treason against the state shall consist only in levying  war
          against it,  adhering to  its enemies,  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.

Sec. 13.  The  laws shall not be  suspended but by the  Legislature or
          its authority.

Sec. 14.  No person shall be subject to corporal punishment under mil-
          itary law, except such as are employed in the army or  navy,
          or in the militia when in  actual service in time of war  or
          public danger.

Sec. 15.  The people  have a  right at  all times  in  an  orderly and
          peaceable  manner  to  assemble  to  consult upon the common
          good, to give instructions to their Representatives, and  to
          request, of either department of the government by  petition
          or remonstrance, redress of their wrongs and grievances.

Sec. 16.  Every citizen has a right to keep and bear arms for the com-
          mon defence; and this right shall never be questioned.

Sec. 17.  No standing army shall  be kept up in time of peace  without
          the consent of the  Legislature, and the military  shall, in
          all cases, and at all  times, be in strict subordination  to
          the civil power.

Sec. 18.  No soldier shall in time of peace be quartered in any  house
          with out the consent of  the owner or occupant, nor  in time
          of war, but in a manner to be prescribed by law.


Sec. 19.  Every person, for an injury done him in his person,  reputa-
          tion,  property  or  immunities,  shall  have  remedy by due
          course of law; and  right and justice shall  be administered
          freely  and  without  sale,  completely  and without denial,
          promptly and without delay.

Sec. 20.  In all  civil  suits,  and in  all controversies  concerning
          property ,  the parties  shall have  a right  to a  trial by
          jury, except in cases where it has heretofore been otherwise
          practiced:  the  party  claiming  the  right may be heard by
          himself and his counsel, or either, at his election.


Sec. 21.  Private property shall not be taken for public uses  without
          just compensation; nor unless the public exigencies  require
          it.

Sec. 22.  No tax or duty  shall be imposed without the consent of  the
          people or their Representatives in the Legislature.

Sec. 23.  No title  of nobility or hereditary distinction,  privilege,
          honor or emolument, shall ever be granted or confirmed,  nor
          shall any office be cre ated, the appointment to which shall
          be for a longer time than during good be havior.

Sec. 24.  The enumeration of certain rights shall not impair nor  deny
          others retained by the people.




