|
|
Constitution of the State of Virginia Bill of Rights
Article 1 12 June 1776 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 foundation 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.
For correspondence: P.O. Box 1310 • Herndon, VA 20172-1310 df@declarationfoundation.com © 2008, Declaration Foundation • ® All rights reserved. |