
                                  CONSTITUTION     
                                     OF THE        
                              STATE OF SOUTH DAKOTA
                              (as amended to 1975) 

                                    PREAMBLE       

          We, the people of South Dakota, grateful to Almighty God for
          our civil and religious liberties,  in order to form a  more
          perfect and independent  government, establish justice,  in-
          sure tranquility,  provide for  the common  defense, promote
          the general  welfare and  preserve to  ourselves and  to our
          posterity the blessings of liberty, do ordain and  establish
          this constitution for the state of South Dakota.

                                  ARTICLE VI

                                BILL OF RIGHTS

Sec. 1.   All men are born equally free and independent, and have cer-
          tain inherent rights, among which are those of enjoying  and
          defending  life  and  liberty,  or  acquiring and protecting
          property  and  the  pursuit  of  happiness.  To secure these
          rights governments are instituted among men, deriving  their
          just powers from the consent of the governed.

Sec. 2.   No person  shall be  deprived of life, liberty,  or property
          without due process  of law.. The  right of persons  to work
          shall not be denied, or abridged on account of membership or
          non-membership in  any labor  union, or  labor organization.
          [as adopted Nov. 1946]

Sec. 3.   The right to  worship God according to the dictates of  con-
          science shall never be infringed. No person shall be  denied
          any civil or political  right, privilege or position  on ac-
          count of  his religious  opinions; but  the liberty  of con-
          science hereby secured shall not  be so construed as to  ex-
          cuse licentiousness, the invasion  of the rights of  others,
          or justify practices inconsistent with the peace and  safety
          of the state.

          No person shall be compelled  to attend or support any  min-
          istry or place of worship against his consent nor shall  any
          preference be given by law to any religious establishment or
          mode of worship. No money or property of the state shall  be
          given or appropriated  for the benefit  of any sectarian  or
          religious society or institution.

Sec. 4.   The right of petition and of the people peaceably to  assem-
          ble to  consult for  the common  good and  make known  their
          opinions, shall never be abridged.

Sec. 5.   Every person may freely speak, write and publish on all sub-
          jects, being responsible for the abuse of that right. In all
          trials for libel, both  civil and criminal, the  truth, when
          published with good motives and for justifiable ends,  shall
          be  sufficient  defense.  The  jury  shall have the right to
          determine the fact  and the law  under the direction  of the
          court.

Sec. 6.   The right of trial by jury shall remain inviolate and  shall
          extend to all cases at  law without regard to the  amount in
          controversy, but the legislature  may provide for a  jury of
          less than twelve in any court not a court of record and  for
          the decision of civil cases by three-fourths of the jury  in
          any court.

Sec. 7.   In  all  criminal  prosecutions the  accused shall  have the
          right to defend in person and by counsel; to demand the  na-
          ture and cause of the accusation against him; to have a copy
          thereof; to meet the witnesses against him face to face;  to
          have compulsory process serve for obtaining witnesses in his
          behalf, and to  a speedy trial  by an impartial  jury of the
          county or district in which  the offense is alleged to  have
          been committed.

Sec. 8.   All persons shall be bailable by sufficient sureties, except
          for capital offenses when  the proof is evident  or presump-
          tion great. The privilege of the writ of habeas corpus shall
          not be suspended unless when  in case of rebellion or  inva-
          sion the public safety may require it.

Sec. 9.   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. 10.  No person shall be held for a criminal offense unless on the
          presentment or indictment of a grand jury, or information of
          the public  prosecutor, except  in cases  of impeachment, in
          cases cognizable by county courts, by justices of the peace,
          and in cases arising in the army and navy, or in the militia
          when in actual service in time of war or public danger: Pro-
          vided, that the grand jury  may be modified or abolished  by
          law.

Sec. 11.  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  affidavit, partic-
          ularly describing the place to be searched and the person or
          thing to be seized.

Sec. 12.  No  ex post  facto law, or  law impairing the  obligation of
          contracts  or  making  any  irrevocable  grant of privilege,
          franchise or immunity, shall be passed.

Sec. 13   Private property shall  not be take for public use, or  dam-
          aged, without  just compensation,  which will  be determined
          according to legal procedure established by the  Legislature
          and according to Section 6 of this article. No benefit which
          may accrue to the owner  as a result of an  improvement made
          by any private corporation shall be considered in fixing the
          compensation for property taken or damaged. The fee of  land
          taken for railroad tracks or other highways shall remain  in
          such  owners,  subject  to  the  use  for which it is taken.
          [adopted 1962]

Sec. 14.  No  distinction shall ever be  made by law between  resident
          aliens and citizens, in reference to the possession,  enjoy-
          ment or descent of property.

Sec. 15.  No person  shall  be imprisoned for  debt arising out  of or
          founded upon contract.

Sec. 16.  The military shall  be in strict subordination to the  civil
          power. No soldier shall in time of peace shall be  quartered
          in any house  without consent of  the owner. nor  in time of
          war except in the manner prescribed by law.

Sec. 17.  No tax or duty  shall be imposed without the consent of  the
          people or their representatives in the legislature, and  all
          taxation shall be equal and uniform.

Sec. 18.  No  law shall  be passed granting  to any citizen,  class of
          citizens  or  corporation,  privileges  or  immunities which
          upon the same terms shall not equally belong to all citizens
          or corporations.

Sec. 19.  Elections  shall be free and  equal, and no power,  civil or
          military, shall at  any time interfere  to prevent the  free
          exercise of the right of  suffrage. Soldiers in time of  war
          may vote at their post of duty in or out of the state, under
          regulations to be prescribed by the legislature.

Sec. 20.  All courts shall be  open, and every man for an injury  done
          him in his property, person or reputation, shall have remedy
          by due course  of law, and  right and justice,  administered
          without denial or delay.

Sec. 21.  No  power of suspending laws  shall be exercised, unless  by
          the legislature or its authority.

Sec. 22.  No person  shall  be attainted of  treason or felony  by the
          legislature.

Sec. 23.  Excessive  bail shall  not be required,  excessive fines im-
          posed, nor cruel punishments inflicted.

Sec. 24.  The right of citizens to bear arms in defense of  themselves
          and the state shall not be denied.

Sec. 25.  Treason against the State shall consist only in levying  war
          against it, or in adhering to its enemies, or in giving them
          aid and comfort. No person shall be convicted of treason un-
          less on the testimony of two witnesses to the same overt act
          or confession in open court.

Sec. 26.  All political power is inherent in the people, and all  free
          government is founded on  their authority and is  instituted
          for their equal  protection and benefit,  and they have  the
          right in lawful and  constituted methods to alter  or reform
          their forms of government in  such manner as they may  think
          proper. And the state of South Dakota is an inseparable part
          of the  American Union  and the  constitution of  the United
          States is the supreme law of the land.

Sec. 27.  The blessings of a free government can only be maintained by
          a firm adherence to justice, moderation, temperance, frugal-
          ity and  virtue and  by frequent  recurrence to  fundamental
          principles.

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