



                  THE CONSTITUTION of the STATE OF NORTH DAKOTA
                             (as amended to 1973)

                                    PREAMBLE

          We, the people of North Dakota, grateful to Almighty God for
          the blessings of civil and religious liberty, do ordain  and
          establish this constitution.

                                    ARTICLE I

                             DECLARATION OF RIGHTS

Sec. 1.   All men are by nature equally free and independent and  have
          certain inalienable rights,  among which are  those enjoying
          and defending  life and  liberty; acquiring,  possessing and
          protecting property and reputation; and pursuing and obtain-
          ing safety and happiness.

Sec. 2.   All political  power is inherent in the people.   Government
          is instituted  for the  protection, security  and benefit of
          the people,  and they  have a  right to  alter or reform the
          same whenever the public good may require.

Sec. 3.   The  state of  North  Dakota  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 free exercise and enjoyment of religious profession  and
          worship, without discrimination or preference, shall be for-
          ever guaranteed in this state,  and no person shall be  ren-
          dered incompetent to be a witness or juror on account of his
          opinion on matters of  religious belief; but the  liberty of
          conscience hereby secured  shall not be  so construed as  to
          excuse acts of  licentiousness, or justify  practices incon-
          sistent with the peace and safety of this state.

Sec. 5.   The privilege of the writ of habeas corpus shall not be sus-
          pended unless, when  in case of  rebellion or invasion,  the
          public safety may require.

Sec. 6.   All persons shall be bailable by sufficient sureties, unless
          for capital offenses when the  proof is evident or the  pre-
          sumption great.  Excessive bail  shall not  be required, nor
          excessive fines imposed, nor shall cruel or unusual  punish-
          ments be  inflicted.   Witnesses shall  not be  unreasonably
          detained, nor be  confined in any  room where criminals  are
          actually imprisoned.

Sec. 7.   The right of trial by jury shall be secured to all, and  re-
          main inviolate; but a jury in civil cases, in courts not  of
          record may consist of less  than twelve men, as may  be pre-
          scribed by law.

Sec. 8.   Until  otherwise  provided  by law,  no person  shall, for a
          felony, be prosecuted against criminally, otherwise than  by
          indictment, except in  cases arising in  the land and  naval
          forces, or in the militia when in actual service in time  of
          war or public danger.  In all other cases, offenses shall be
          prosecuted  criminally  by  indictment  or information.  The
          legislative  assembly  may  change,  regulate or abolish the
          grand jury system.

Sec. 9.   Every man  may freely write, speak and publish  his opinions
          on all  subjects, being  responsible for  the abuse  of that
          privilege. In all  civil and criminal  trials for libel  the
          truth may be  given in evidence,  and shall be  a sufficient
          defence when the matter  is published with good  motives and
          for justifiable ends; and the jury shall have the same power
          of giving a  general verdict as  in other cases;  and in all
          indictments or informations for  libels the jury shall  have
          the  right  to  determine  the  law  and the facts under the
          direction of the court as in other cases.

Sec. 10.  The citizens have a right, in a peaceable manner, to  assem-
          ble together for the common good, and to apply to those  in-
          vested  with  the  powers  of  government for the redress of
          grievances, or for other  proper purposes, by petition,  ad-
          dress or remonstrance.

Sec. 11.  All laws of a general nature shall have a uniform operation.

Sec. 12.  The  military shall be subordinate  to the civil power.   No
          standing army shall be maintained  by this state in time  of
          peace, and no soldiers 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. 13.  In criminal  prosecutions  in any court  whatever, 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 offense, nor be compelled in any criminal  case
          to be a  witness against himself,  nor be deprived  of life,
          liberty or property without due process of law.

Sec. 14.  Private  property shall not be  taken or damaged for  public
          use without just compensation having first been made to,  or
          paid into court  for the owner.   NO right of  way shall  be
          appropriated to the use  of any corporation until  full com-
          pensation therefor be first made in money or ascertained and
          paid into court for  the owner, irrespective of  any benefit
          from  any  improvement  proposed  by such corporation, which
          compensation shall be ascertained  by a jury, unless  a jury
          be waived, provided however, that  when the state or any  of
          its departments, agencies or political subdivisions seeks to
          acquire right of way, it may take possession upon making  an
          offer to purchase and by depositing the amount of such offer
          with the clerk of the  district court of the county  wherein
          the right of  way is located.   The clerk shall  immediately
          notify  the  owner  of  such  deposit.   The owner thereupon
          appeal to the court in  the manner provided by law,  and may
          have a jury trial, unless a jury be waived, to determine the
          damages

Sec. 15.  No person shall  be imprisoned for debt unless upon  refusal
          to deliver up his estate  for the benefit of his  creditors,
          in such manner as shall be prescribed by law; or in cases of
          tort; or where there is strong presumption of fraud.

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

Sec. 17.  Neither slavery  nor  involuntary servitude, unless  for the
          punishment of crime, shall ever be tolerated in this state.

Sec. 18.  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,  particularly  describing   the  place  to   be
          searched and the person and things to be seized.

Sec. 19.  Treason against the state shall consist only in levying  war
          against it, 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 same  overt act,  or
          confession in open court.

Sec. 20.  No special  privileges  or immunities shall  ever be granted
          which may not be altered, revoked or repealed by the  legis-
          lative assembly; nor shall any citizen or class of  citizens
          be  granted  privileges  or  immunities  which upon the same
          terms shall not be granted to all citizens.

Sec. 21.  The provisions  of this constitution are mandatory  and pro-
          hibitory unless, by express  words, they are declared  to be
          otherwise.

Sec. 22.  All courts shall be open, and every man for any injury  done
          him in his  lands, goods.   person or reputation  shall have
          remedy by due process of law, and right and justice adminis-
          tered without sale,  denial or delay.  Suits may be  brought
          against the  state in  such manner,  in such  courts, and in
          such cases, as the legislative assembly may, by law, direct.

Sec. 23.  Every citizen of this state shall be free to obtain  employ-
          ment  wherever  possible,  and  any  person, corporation, or
          agent thereof, maliciously  interfering or hindering  in any
          way, any citizen from  obtaining or enjoying employment  al-
          ready obtained, from any other corporation or person,  shall
          be deemed guilty of misdemeanor.

Sec. 24.  To guard against transgressions of the high powers which  we
          have delegated, we declare  that everything in this  article
          is  excepted  out  of  the  general powers of government and
          shall forever remain inviolate.

