Title 48Territories and Insular PossessionsRelease 119-73

§1421b Bill of rights

Title 48 › Chapter CHAPTER 8A— - GUAM › Subchapter SUBCHAPTER I— - GENERAL PROVISIONS › § 1421b

Last updated Apr 6, 2026|Official source

Summary

Protects many basic rights for people in Guam. It guarantees freedom of religion, speech, the press, and the right to gather and ask the government for help. It stops soldiers from living in private homes without the owner’s consent in peacetime. It bars unreasonable searches and seizures and requires warrants based on probable cause. People cannot be tried twice for the same crime or forced to testify against themselves. No one can lose life, freedom, or property without fair legal procedures. Private property can only be taken for public use with fair payment. In criminal cases the accused must get a speedy, public trial, be told the charges, face witnesses, call witnesses, and have a lawyer. Bail, fines, and punishments must not be excessive or cruel. Slavery and forced labor are banned except as punishment after conviction. Laws that punish without trial, punish acts done before the law existed, or break contracts are forbidden. No one may be jailed for debt. The right to challenge unlawful detention may only be suspended for rebellion, invasion, or imminent danger when public safety needs it. Voters may only be required to meet citizenship, legal ability, and residence rules. No one may be denied equal protection because of race, language, or religion. A treason conviction needs either two witnesses to the same act or a confession in open court. Government money or property cannot be used to support any church or religious leader. Children under 14 may not work in jobs harmful to health or safety, and schooling is required from ages 6 to 16. No religious test may be used for public office. Anyone who advocates violent overthrow of Guam or the U.S. cannot hold public office. The following federal constitutional provisions also apply in Guam: Article I, section 9 clauses 2 and 3; Article IV, sections 1 and 2 clause 1; the 1st through 9th Amendments; the 13th Amendment; the second sentence of section 1 of the 14th Amendment; and the 15th and 19th Amendments. Laws that conflict with these rules are repealed where they clash.

Full Legal Text

Title 48, §1421b

Territories and Insular Possessions — Source: USLM XML via OLRC

(a)No law shall be enacted in Guam respecting an establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of their grievances.
(b)No soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
(c)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 for arrest or search shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or things to be seized.
(d)No person shall be subject for the same offense to be twice put in jeopardy of punishment; nor shall he be compelled in any criminal case to be a witness against himself.
(e)No person shall be deprived of life, liberty, or property without due process of law.
(f)Private property shall not be taken for public use without just compensation.
(g)In all criminal prosecutions the accused shall have the right to a speedy and public trial; to be informed of the nature and cause of the accusation and to have a copy thereof; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
(h)Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
(i)Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist in Guam.
(j)No bill of attainder, ex post facto law, or law impairing the obligation of contracts shall be enacted.
(k)No person shall be imprisoned for debt.
(l)The privilege of the writ of habeas corpus shall not be suspended, unless, when in cases of rebellion or invasion or imminent danger thereof, the public safety shall require it.
(m)No qualification with respect to property, income, political opinion, or any other matter apart from citizenship, civil capacity, and residence shall be imposed upon any voter.
(n)No discrimination shall be made in Guam against any person on account of race, language, or religion, nor shall the equal protection of the laws be denied.
(o)No person shall be convicted of treason against the United States unless on the testimony of two witnesses to the same overt act, or on confession in open court.
(p)No public money or property shall ever be appropriated, supplied, donated, or used, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or association, or system of religion, or for the use, benefit, or support of any priest, preacher, minister, or other religious teacher or dignitary as such.
(q)The employment of children under the age of fourteen years in any occupation injurious to health or morals or hazardous to life or limb is hereby prohibited.
(r)There shall be compulsory education for all children, between the ages of six and sixteen years.
(s)No religious test shall ever be required as a qualification to any office or public trust under the government of Guam.
(t)No person who advocates, or who aids or belongs to any party, organization, or association which advocates, the overthrow by force or violence of the government of Guam or of the United States shall be qualified to hold any public office of trust or profit under the government of Guam.
(u)The following provisions of and amendments to the Constitution of the United States are hereby extended to Guam to the extent that they have not been previously extended to that territory and shall have the same force and effect there as in the United States or in any State of the United States: article I, section 9, clauses 2 and 3; article IV, section 1 and section 2, clause 1; the first to ninth amendments inclusive; the thirteenth amendment; the second sentence of section 1 of the fourteenth amendment; and the fifteenth and nineteenth amendments.All laws enacted by Congress with respect to Guam and all laws enacted by the territorial legislature of Guam which are inconsistent with the provisions of this subsection are repealed to the extent of such inconsistency.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1968—Subsec. (u). Pub. L. 90–497 added subsec. (u).

Statutory Notes and Related Subsidiaries

Effective Date

of 1968 Amendment Pub. L. 90–497, § 10, Sept. 11, 1968, 82 Stat. 847, provided that the amendment made by that section is effective on date of enactment of Pub. L. 90–497, which was approved Sept. 11, 1968.

Reference

Citations & Metadata

Citation

48 U.S.C. § 1421b

Title 48Territories and Insular Possessions

Last Updated

Apr 6, 2026

Release point: 119-73