


                                 CONSTITUTION   
                                    OF THE      
                               STATE OF VIRGINIA

                                   ARTICLE I    

                                BILL OF RIGHTS  

          A declaration of rights made by the good people of  Virginia
          in the exercise of  their sovereign powers, which  rights do
          pertain to them and their posterity, as the basis and found-
          ation of government.

Sec. 1.   That all men are by nature equally free and independent  and
          have certain inherent rights, of which, when they enter into
          a state of society, they cannot, by any compact, deprive  or
          divest their  posterity; namely,  the enjoyment  of life and
          liberty, with  the means  of acquiring  and possessing prop-
          erty, and pursuing and obtaining happiness and safety.

Sec. 2.   That all power is vested in, and consequently derived  from,
          the people,  that magistrates  are their  trustees and  ser-
          vants, and at all times amenable to them.

Sec. 3.   That government is, or ought to be, instituted for the  com-
          mon benefit, protection, and security of the people,  nation
          or community; of all the various modes and forms of  govern-
          ment, that is best which is capable of producing the  great-
          est degree of happiness and safety, and is most  effectually
          secured against the danger of maladministration; and,  when-
          ever any government shall be found inadequate or contrary to
          these purposes, a majority of the community hath an indubit-
          able, inalienable, and indefeasible right to reform,  alter,
          or abolish it, in such  manner as shall be judged  most con-
          ducive to the public weal.

Sec. 4.   That no man, or set of men, is entitled to exclusive or sep-
          arate emoluments  or privileges  from the  community, but in
          consideration of public  services; which not  being descend-
          ible, neither ought the offices of magistrates,  legislator,
          or judge to be hereditary.

Sec. 5.   That the legislative, executive, and judicial departments of
          the Commonwealth should be  separate and distinct; and  that
          the members  thereof may  be restrained  from oppression, by
          feeling and participating the  burthens of the people,  they
          should, at fixed periods,  be reduced to a  private station,
          return into that body from which they were originally taken,
          and the vacancies be supplied by regular elections, in which
          all or any part of the former members shall be again  eligi-
          ble, or ineligible, as the laws may direct.

Sec. 6.   That all elections ought to be free; and that all men,  hav-
          ing sufficient evidence  of permanent common  interest with,
          and attachment  to, the  community, have  the right  of suf-
          frage, and cannot be taxed,  or deprived of, or damaged  in,
          their property for public  uses, without their own  consent,
          or that of their  representatives duly elected, or  bound by
          any law to which they have not, in like manner, assented for
          the public good.

Sec. 7.   That all power of suspending laws, or the execution of laws,
          by any authority, without consent of the Representatives  of
          the people, is injurious to  their rights, and ought not  to
          be exercised.

Sec. 8.   That in criminal  prosecutions a man hath a right to  demand
          the cause  and nature  of his  accusation, to  be confronted
          with the accusers and witnesses, and to call for evidence in
          his favor,  and he  shall enjoy  the right  to a  speedy and
          public trial, by an impartial jury of his vicinage,  without
          whose unanimous consent, he cannot be found guilty. He shall
          not be deprived of life or liberty, except by the law of the
          land or the judgement of his peers, nor be compelled in  any
          criminal proceeding to give evidence against himself, nor be
          put twice in jeopardy for the same offense.

          Laws may be enacted providing for the trial of offenses  not
          felonious by a court not  of record without a jury,  preser-
          ving the right of the accused to an appeal to and a trial by
          jury in some court of record having original criminal juris-
          diction. Laws may also provide for juries consisting of less
          than twelve, but  not less than  five, for the  trial of of-
          fenses not felonious, and may classify such cases, and  pre-
          scribe the number of jurors for each class.

          In  criminal  cases,  the  accused  may plead guilty. If the
          accused plead not guilty, he  may, with his consent and  the
          concurrence of the Commonwealth's attorney and of the  court
          entered of record, be tried  by a smaller number of  jurors,
          or waive a jury. In cases of such waiver or plea of  guilty,
          the court shall try the case.

          The provisions of this section shall be self-executing.

Sec. 9.   That excessive bail ought not to be required, nor  excessive
          fines imposed, nor cruel and unusual punishments  inflicted;
          that the privilege of the writ of habeas corpus shall not be
          suspended unless  when, in  cases of  invasion or rebellion,
          the public safety may require; and that the General Assembly
          shall not pass any bill  of attainder, or any ex  post facto
          law.

Sec. 10.  That general  warrants, whereby an officer or  messenger may
          be commanded to search suspected places without evidence  of
          a fact  committed, or  to seize  any person  or persons  not
          named, or  whose offense  is not  particularly described and
          supported  by  evidence,  are  grievous  and oppressive, and
          ought not to be granted.

Sec. 11.  That  no person shall be  deprived of his life,  liberty, or
          property  without  due  process  of  law;  that  the General
          Assembly shall not pass any law impairing the obligation  of
          contracts, nor  any law  whereby private  property shall  be
          taken or damaged for public uses, without just compensation,
          the term "public uses" to  be defined by the General  Assem-
          bly; and  that the  right to  be free  from any governmental
          discrimination  upon  the  basis  of  religious  conviction,
          race, color, sex, or national origin shall not be  abridged,
          except that the  mere separation of  the sexes shall  not be
          considered discrimination.

          That  in  controversies  respecting  property,  and in suits
          between man  and man,  trial by  jury is  preferable to  any
          other, and ought to be held sacred. The General Assembly may
          limit the  number of  jurors for  civil cases  in courts  of
          record to not less than five.

Sec. 12.  That  the freedom of speech  and of the press  are among the
          great bulwarks of liberty,  and can never be  restrained ex-
          cept by  despotic governments;  that any  citizen may freely
          speak, write,  and publish  his sentiments  on all subjects,
          being  responsible  for  the  abuse  of that right; that the
          General Assembly shall not pass any law abridging the  free-
          dom of speech or of the  press, nor the right of the  people
          to peaceably to assemble, and to petition the government for
          the redress of grievances.

Sec. 13.  That a well  regulated militia, composed of the body  of the
          people, trained to  arms, is the  proper, natural, and  safe
          defense of a free state, therefore, the right of the  people
          to keep and bear arms shall not be infringed; that  standing
          armies, in time of peace, should be avoided as dangerous  to
          liberty; and that in all cases the military should be  under
          strict subordination to, and governed by, the civil power.

Sec. 14.  That  the people  have a right  to uniform government;  and,
          therefore, that no government separate from, or  independent
          of, the government of Virginia,  ought to be erected or  es-
          tablished within the limits thereof.

Sec. 15.  That no free  government, nor the blessings of liberty,  can
          be  preserved  to  any  people,  but  by a firm adherence to
          justice, moderation, temperance,  frugality, and virtue;  by
          frequent recurrence  to fundamental  principles; and  by the
          recognition by all citizens that they have duties as well as
          rights, and  that such  rights cannot  be enjoyed  save in a
          society  where law is respected and due process is observed.
          That free government rests,  as does all progress,  upon the
          broadest  possible  diffusion  of  knowledge,  and  that the
          Commonwealth  should  avail  itself  of  those talents which
          nature has sown  so liberally among  its people by  assuring
          the opportunity for their  fullest development by an  effec-
          tive system of education throughout the Commonwealth.

Sec. 16.  That religion or the duty which we owe our Creator, and  the
          manner of discharging it, can be directed only by reason and
          conviction, not  by force  or violence;  and, therefore, all
          men are equally entitled  to the free exercise  of religion,
          according to the dictates of conscience; and that it is  the
          mutual duty of all to practice Christian forbearance,  love,
          and charity towards each other. No man shall be compelled to
          frequent or support any religious worship, place, or  minis-
          try whatsoever, nor shall be enforced, restrained, molested,
          or burthened in his body or goods, nor shll otherwise suffer
          on account of his religious opinions or belief; but all  men
          shall be free to profess  and by argument to maintain  their
          opinions in matters  of religion, and  the same shall  in no
          wise diminish,  enlarge, or  affect their  civil capacities.
          And the General Assembly  shall not prescribe any  religious
          test whatever, or confer  any peculiar privileges or  advan-
          tages on  any sect  odenomination, orpass  any law requiring
          authorizing any religious society, or the people of any dis-
          trict within  this Commonwealth,  to levy  on themselves  or
          others, any tax for the  erection or repair of any  house of
          public worship, or for the  support of any church or  minis-
          try; but it shall be left free to every person to select his
          religious instructor, and to make for his support such  pri-
          vate contract as he shall please.

Sec. 17.  The  rights enumerated in this  Bill of Rights shall  not be
          construed to limit  other rights of  the people not  therein
          expressed.



