
                                  CONSTITUTION   
                                     OF THE      
                                STATE OF NEBRASKA
                                    of 1875      

                                    PREAMBLE.    

          We, the people, grateful to Almighty God for our freedom, do
          ordain and establish the following declaration of rights and
          frame of  government, as  the Constitution  of the  State of
          Nebraska.

                                   ARTICLE I  

                                BILL OF RIGHTS

Sec. 1.   All persons are  by nature free  and independent, and  have
          certain  inherent  and  inalienable  rights; among these are
          life, liberty and the pursuit of happiness. To secure  these
          rights,  and  the  protection  of  property, governments are
          instituted among people, deriving their just powers from the
          consent of the governed.

Sec. 2.   There shall be neither slavery nor involuntary servitude  in
          this state, otherwise than for punishment of crime,  whereof
          the party shall have been duly convicted

Sec. 3.   No person  shall be deprived of life, liberty,  or property,
          without due process of law.

Sec. 4.   All persons have a natural and indefeasible right to worship
          Almighty God according to the dictates of their own  consci-
          ences.   No person  shall be  compelled to  attend, erect or
          support any  place of  worship against  his consent,  and no
          preference shall be given  by law to any  religious society,
          nor shall any interference with the rights of conscience  be
          permitted. No religious test shall be required as a qualifi-
          cation for office, nor shall any person be incompetent to be
          a witness on account  of his religious beliefs;  but nothing
          herein shall be construed to dispense with oaths and affirm-
          ations. Religion,  morality, and  knowledge, however,  being
          essential to good  government, it shall  be the duty  of the
          legislature to pass suitable laws to protect every religious
          denomination in the peaceable  enjoyment of its own  mode of
          public worship, and  to encourage schools  and the means  of
          instruction.

Sec. 5.   Every  person  may  freely speak,  write and  publish on all
          subjects, being responsible for  the abuse of that  liberty;
          and in all  trials for libel,  both civil and  criminal, the
          truth when published with good motives, and for  justifiable
          ends, shall be a sufficient defense.

Sec. 6.   The right of  trial by jury shall remain inviolate, but  the
          Legislature may authorize trial by  a jury of a less  number
          than twelve in  courts inferior to  the District Court,  and
          may by general law authorize a verdict in civil cases in any
          court by not less than  five- sixths of the jury.  (Amended,
          1896, 1914, 1920.)

Sec. 7.   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
          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.

Sec. 8.   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. 9.   All persons shall be bailable by sufficient sureties, except
          for treason and  murder, where the  proof is evident  or the
          presumption great. Excessive bail shall not be required, nor
          excessive fines imposed,  nor cruel and  unusual punishments
          inflicted.

Sec. 10.  No  person shall be held  to answer for a  criminal offense,
          except in cases in which  the punishment is by fine,  or im-
          prisonment otherwise than in a penitentiary, in case of  im-
          peachment, and in cases arising in the army and navy, or  in
          the militia when in actual service in time of war or  public
          danger, unless  on a  presentment or  indictment of  a grand
          jury; Provided, That the Legislature may by law provide  for
          holding persons to answer for criminal offences on  informa-
          tion of a public prosecutor; and may by law, abolish, limit,
          change, amend, or otherwise regulate the grand jury system.

Sec. 11.  In  all  criminal prosecutions  the accused  shall have  the
          right to appear and defend  in person or by counsel,  to de-
          mand the nature and cause of accusation, and to have a  copy
          thereof; to meet the witnesses against him face to face;  to
          have process to  compel the attendance  of 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.

Sec. 12.  No person shall be compelled, in any criminal case, to  give
          evidence against himself,  or be twice  put in jeopardy  for
          the same offense.

Sec. 13.  All courts shall  be open, and every person, for  any injury
          done him in  his lands, goods,  person or reputation,  shall
          have a remedy by due course of law, and justice administered
          without denial or delay.

Sec. 14.  Treason against the state shall consist only in levying  war
          against the  state, or  in adhering  to its  enemies, giving
          them aid and comfort. No person shall be convicted of  trea-
          son, unless on  the testimony of  two witnesses to  the same
          overt act, or on confession in open court.

Sec. 15.  All  penalties shall  be proportioned to  the nature of  the
          offense, and no convicion shall work corruption of blood  or
          forfeiture of  estate; nor  shall any  person be transported
          out of the state for any offense committed within the state.

Sec. 16.  No  bill of attainder, ex  post facto law, or  law impairing
          the obligation of contracts, or making any irrevocable grant
          of special privileges or immunities shall be passed.

Sec. 17.  The military shall  be in strict subordination to the  civil
          power.

Sec. 18.  No soldier shall in time of peace be quartered in any  house
          without the consent of the owner; nor in time of war  except
          in the manner prescribed by law.

Sec. 19.  The right of the people peaceably to assemble to consult for
          the common good, and to petition the government, or any  de-
          partment thereof, shall never be abridged.

Sec. 20.  No person shall  be imprisoned for debt in any  civil action
          on mesne or final process, unless in cases of fraud.

Sec. 21.  The property of no person shall be taken or damaged for pub-
          lic use without just compensation therefor.

Sec. 22.  All elections shall be free; and there shall be no hindrance
          or impediment to the right of a qualified voter to  exercise
          the elective franchise

Sec. 23.  In all cases of felony the defendant shall have the right of
          appeal to the Supreme Court;  and in capital cases such  ap-
          peal shall operate as a supersedeas to stay the execution of
          the sentence of  death, until further  order of the  Supreme
          Court. (Amended, 1972.

Sec. 24.  The right  to  be heard in  all civil cases  in the court of
          last resort, by  appeal, error, or  otherwise, shall not  be
          denied.

Sec. 25.  There  shall  be no  discrimination between  citizens of the
          United  States  in  respect  to  the acquisition, ownership,
          possession, enjoyment or descent of property.  The right  of
          aliens in respect to the acquisition, enjoyment and  descent
          of property may be regulated by law. (Amended, 1920.)

Sec. 26.  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.

Sec. 27.  The English language  is hereby declared to be the  official
          language of  this state,  and all  official proceedings, re-
          cords and publications  shall be in  such language, and  the
          common school branches shall  be taught in said  language in
          public, private, denominational and parochial schools.
          (Adopted, 1920.)




