Article I — Bill of Rights
24 sections · 0 paragraphs in this article.
S.D. Const. art. I, § 1 Right to Make and Alter Constitution -- Constitution Obligatory upon All
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In the words of the Father of his Country, we declare that "the basis of our political systems is the right of the people to make and alter their constitutions of government; but that the constitution which at any time exists, till changed by an explicit and authentic act of the …
S.D. Const. art. I, § 2 Laws for Good of Whole -- Burdens to Be Equally Distributed -- Due Process -- Equal Protection -- Discrimination -- No Right to Abortion Granted
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All free governments are instituted for the protection, safety, and happiness of the people. All laws, therefore, should be made for the good of the whole; and the burdens of the state ought to be fairly distributed among its citizens. No person shall be deprived of life, liberty…
S.D. Const. art. I, § 3 Freedom of Religion
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Whereas Almighty God hath created the mind free; and all attempts to influence it by temporal punishments or burdens, or by civil incapacitations, tend to beget habits of hypocrisy and meanness; and whereas a principal object of our venerable ancestors, in their migration to this…
S.D. Const. art. I, § 4 Slavery Prohibited
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Slavery shall not be permitted in this state.
S.D. Const. art. I, § 5 Entitlement to Remedies for Injuries and Wrongs -- Right to Justice
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Every person within this state ought to find a certain remedy, by having recourse to the laws, for all injuries or wrongs which may be received in one's person, property, or character. Every person ought to obtain right and justice freely, and without purchase, completely and wit…
S.D. Const. art. I, § 6 Search and Seizure
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The right of the people to be secure in their persons, papers and possessions, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue, but on complaint in writing, upon probable cause, supported by oath or affirmation, and describing as near…
S.D. Const. art. I, § 7 Requirement of Presentment or Indictment -- Information by Attorney-General -- Grand Juries -- Double Jeopardy
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Except in cases of impeachment, or in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public danger, no person shall be held to answer for any offense which is punishable by death or by imprisonment for life unless on presentm…
S.D. Const. art. I, § 8 Bail, Fines and Punishments
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Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted; and all punishments ought to be proportioned to the offense.
S.D. Const. art. I, § 9 Right to Bail -- Habeas Corpus
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All persons imprisoned ought to be bailed by sufficient surety, unless for offenses punishable by imprisonment for life, or for offenses involving the use or threat of use of a dangerous weapon by one already convicted of such an offense or already convicted of an offense punisha…
S.D. Const. art. I, § 10 Rights of Accused Persons in Criminal Proceedings
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In all criminal prosecutions, accused persons shall enjoy the right to a speedy and public trial, by an impartial jury; to be informed of the nature and cause of the accusation, to be confronted with the witnesses against them, to have compulsory process for obtaining them in the…
S.D. Const. art. I, § 11 Relief of Debtors from Prison
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The person of a debtor, when there is not strong presumption of fraud, ought not to be continued in prison, after such person shall have delivered up property for the benefit of said person's creditors, in such manner as shall be prescribed by law.
S.D. Const. art. I, § 12 Ex Post Facto Laws -- Laws Impairing Obligation of Contract
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No ex post facto law, or law impairing the obligation of contracts, shall be passed.
S.D. Const. art. I, § 13 Self-Crimination
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No person in a court of common law shall be compelled to give self-criminating evidence.
S.D. Const. art. I, § 14 Presumption of Innocence -- Securing Accused Persons
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Every person being presumed innocent, until pronounced guilty by the law, no act of severity which is not necessary to secure an accused person shall be permitted.
S.D. Const. art. I, § 15 Trial by Jury
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The right of trial by jury shall remain inviolate. In civil cases the general assembly may fix the size of the petit jury at less than twelve but not less than six.
S.D. Const. art. I, § 16 Compensation for Taking of Private Property for Public Use -- Regulation of Fishery Rights and Shore Privileges Not Public Taking
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Private property shall not be taken for public uses, without just compensation. The powers of the state and of its municipalities to regulate and control the use of land and waters in the furtherance of the preservation, regeneration, and restoration of the natural environment, a…
S.D. Const. art. I, § 17 Fishery Rights -- Shore Privileges -- Preservation of Natural Resources
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The people shall continue to enjoy and freely exercise all the rights of fishery, and the privileges of the shore, to which they have been heretofore entitled under the charter and usages of this state, including but not limited to fishing from the shore, the gathering of seaweed…
S.D. Const. art. I, § 18 Subordination of Military to Civil Authority -- Martial Law
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The military shall be held in strict subordination to the civil authority. And the law martial shall be used and exercised in such cases only as occasion shall neccessarily require.
S.D. Const. art. I, § 19 Quartering of Soldiers
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No soldier shall be quartered in any house in time of peace, without the consent of the owner; nor, in time of war, but in manner to be prescribed by law.
S.D. Const. art. I, § 20 Freedom of Press
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The liberty of the press being essential to the security of freedom in a state, any person may publish sentiments on any subject, being responsible for the abuse of that liberty; and in all trials for libel, both civil and criminal, the truth, unless published from malicious moti…
S.D. Const. art. I, § 21 Right to Assembly -- Redress of Grievances -- Freedom of Speech
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The citizens have a right in a peaceable manner to assembly for their common good, and to apply to those invested with the powers of government, for redress of grievances, or for other purposes, by petition, address, or remonstrance. No law abridging the freedom of speech shall b…
S.D. Const. art. I, § 22 Right to Bear Arms
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The right of the people to keep and bear arms shall not be infringed.
S.D. Const. art. I, § 23 Rights of Victims of Crime
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A victim of crime shall, as a matter of right, be treated by agents of the state with dignity, respect and sensitivity during all phases of the criminal justice process. Such person shall be entitled to receive, from the perpetrator of the crime, financial compensation for any in…
S.D. Const. art. I, § 24 Rights Not Enumerated -- State Rights Not Dependent on Federal Rights
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The enumeration of the foregoing rights shall not be construed to impair or deny others retained by the people. The rights guaranteed by this Constitution are not dependent on those guaranteed by the Constitution of the United States.