Article I, DECLARATION OF RIGHTS
34 sections · 0 paragraphs in this article.
Cal. Const. art. I, § 1 Section 1
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All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.
Cal. Const. art. I, § 2 Section 2
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(a) Every person may freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of this right. A law may not restrain or abridge liberty of speech or press. (b) A publisher, editor, reporter, or other person connected with or employed u…
Cal. Const. art. I, § 3 Section 3
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(a) The people have the right to instruct their representatives, petition government for redress of grievances, and assemble freely to consult for the common good. (b) (1) The people have the right of access to information concerning the conduct of the people’s business, and, the…
Cal. Const. art. I, § 4 Section 4
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Free exercise and enjoyment of religion without discrimination or preference are guaranteed. This liberty of conscience does not excuse acts that are licentious or inconsistent with the peace or safety of the State. The Legislature shall make no law respecting an establishment of…
Cal. Const. art. I, § 5 Section 5
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The military is subordinate to civil power. A standing army may not be maintained in peacetime. Soldiers may not be quartered in any house in wartime except as prescribed by law, or in peacetime without the owner’s consent.
Cal. Const. art. I, § 6 Section 6
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Slavery is prohibited. Involuntary servitude is prohibited except to punish crime.
Cal. Const. art. I, § 7 Section 7
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(a) A person may not be deprived of life, liberty, or property without due process of law or denied equal protection of the laws; provided, that nothing contained herein or elsewhere in this Constitution imposes upon the State of California or any public entity, board, or officia…
Cal. Const. art. I, § 8 Section 8
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A person may not be disqualified from entering or pursuing a business, profession, vocation, or employment because of sex, race, creed, color, or national or ethnic origin.
Cal. Const. art. I, § 9 Section 9
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A bill of attainder, ex post facto law, or law impairing the obligation of contracts may not be passed.
Cal. Const. art. I, § 10 Section 10
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Witnesses may not be unreasonably detained. A person may not be imprisoned in a civil action for debt or tort, or in peacetime for a militia fine.
Cal. Const. art. I, § 11 Section 11
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Habeas corpus may not be suspended unless required by public safety in cases of rebellion or invasion.
Cal. Const. art. I, § 12 Section 12
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A person shall be released on bail by sufficient sureties, except for: (a) Capital crimes when the facts are evident or the presumption great; (b) Felony offenses involving acts of violence on another person, or felony sexual assault offenses on another person, when the facts are…
Cal. Const. art. I, § 13 Section 13
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The right of the people to be secure in their persons, houses, papers, and effects against unreasonable seizures and searches may not be violated; and a warrant may not issue except on probable cause, supported by oath or affirmation, particularly describing the place to be searc…
Cal. Const. art. I, § 14 Section 14
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Felonies shall be prosecuted as provided by law, either by indictment or, after examination and commitment by a magistrate, by information. A person charged with a felony by complaint subscribed under penalty of perjury and on file in a court in the county where the felony is tri…
Cal. Const. art. I, § 15 Section 15
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The defendant in a criminal cause has the right to a speedy public trial, to compel attendance of witnesses in the defendant’s behalf, to have the assistance of counsel for the defendant’s defense, to be personally present with counsel, and to be confronted with the witnesses aga…
Cal. Const. art. I, § 16 Section 16
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Trial by jury is an inviolate right and shall be secured to all, but in a civil cause three-fourths of the jury may render a verdict. A jury may be waived in a criminal cause by the consent of both parties expressed in open court by the defendant and the defendant’s counsel. In a…
Cal. Const. art. I, § 17 Section 17
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Cruel or unusual punishment may not be inflicted or excessive fines imposed.
Cal. Const. art. I, § 18 Section 18
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Treason against the State consists only in levying war against it, adhering to its enemies, or giving them aid and comfort. A person may not be convicted of treason except on the evidence of two witnesses to the same overt act or by confession in open court.
Cal. Const. art. I, § 19 Section 19
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(a) Private property may be taken or damaged for a public use and only when just compensation, ascertained by a jury unless waived, has first been paid to, or into court for, the owner. The Legislature may provide for possession by the condemnor following commencement of eminent …
Cal. Const. art. I, § 20 Section 20
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Noncitizens have the same property rights as citizens.
Cal. Const. art. I, § 21 Section 21
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Property owned before marriage or acquired during marriage by gift, will, or inheritance is separate property.
Cal. Const. art. I, § 22 Section 22
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The right to vote or hold office may not be conditioned by a property qualification.
Cal. Const. art. I, § 23 Section 23
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One or more grand juries shall be drawn and summoned at least once a year in each county.
Cal. Const. art. I, § 24 Section 24
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Rights guaranteed by this Constitution are not dependent on those guaranteed by the United States Constitution. In criminal cases the rights of a defendant to equal protection of the laws, to due process of law, to the assistance of counsel, to be personally present with counsel,…
Cal. Const. art. I, § 26 Section 26
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The provisions of this Constitution are mandatory and prohibitory, unless by express words they are declared to be otherwise.
Cal. Const. art. I, § 27 Section 27
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All statutes of this State in effect on February 17, 1972, requiring, authorizing, imposing, or relating to the death penalty are in full force and effect, subject to legislative amendment or repeal by statute, initiative, or referendum. The death penalty provided for under those…
Cal. Const. art. I, § 28 Section 28
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(a) The People of the State of California find and declare all of the following: (1) Criminal activity has a serious impact on the citizens of California. The rights of victims of crime and their families in criminal prosecutions are a subject of grave statewide concern. (2) Vict…
Cal. Const. art. I, § 29 Section 29
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In a criminal case, the people of the State of California have the right to due process of law and to a speedy and public trial.
Cal. Const. art. I, § 30 Section 30
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(a) This Constitution shall not be construed by the courts to prohibit the joining of criminal cases as prescribed by the Legislature or by the people through the initiative process. (b) In order to protect victims and witnesses in criminal cases, hearsay evidence shall be admiss…
Cal. Const. art. I, § 31 Section 31
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(a) The State shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting. (b) This section shall apply o…
Cal. Const. art. I, § 32 Section 32
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(a) The following provisions are hereby enacted to enhance public safety, improve rehabilitation, and avoid the release of prisoners by federal court order, notwithstanding anything in this article or any other provision of law: (1) Parole Consideration: Any person convicted of a…
Cal. Const. art. I, § 1.1 Section 1.1
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The state shall not deny or interfere with an individual’s reproductive freedom in their most intimate decisions, which includes their fundamental right to choose to have an abortion and their fundamental right to choose or refuse contraceptives. This section is intended to furth…
Cal. Const. art. I, § 14.1 Section 14.1
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If a felony is prosecuted by indictment, there shall be no postindictment preliminary hearing.
Cal. Const. art. I, § 7.5 Section 7.5
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(a) The right to marry is a fundamental right. (b) This section is in furtherance of both of the following: (1) The inalienable rights to enjoy life and liberty and to pursue and obtain safety, happiness, and privacy guaranteed by Section 1. (2) The rights to due process and equa…