Freedom from Military Tyranny.—That the military shall be in strict subordination to the civil power; that there shall be no standing army in time of peace; nor shall any soldier in time of peace be quartered in private houses without the consent of the owner.
Forbidden Laws.—That no ex post facto law, no law impairing the obligation of contracts, nor any bill of attainder shall be passed; that there shall be no special laws in certain specified cases.
Rights of Accused Persons.—(a) Before trial. That no unwarranted searches or seizures shall be made; that, except in capital offenses, the accused shall, while awaiting trial, be bailable; that, except in minor cases, a person shall not be held to answer for a criminal offense unless on the presentment or indictment of a grand jury. (b) On trial. That the accused person shall have a speedy and public trial in the district where the crime was committed; that trial by jury shall remain inviolable; that the accused shall be informed of the nature of the charge against him; that he shall be confronted with the witnesses against him; that he may be heard in his own defense and shall have the benefit of counsel in his behalf; that he shall not be required to witness against himself; that he shall have compulsory process to compel the attendance of witnesses in his behalf; that he shall not be deprived of life, liberty or property without due process of law. (c) After trial. That no cruel or unusual punishment shall be inflicted; that no one shall twice be placed in jeopardy for the same offense.
Rights not enumerated.—There is usually a final statement that the enumeration of the above rights shall not be construed to deny or impair others inherent in the people.
COMMENTS ON THE ABOVE.
The rights above enumerated are among those which to us in America to-day seem almost matters of course. It seems strange that any one ever seriously questioned the fairness or the justice of the claims there set forth. But in enumerating them we are treading on sacred ground. Their establishment cost our ancestors hundreds of years of struggle against arbitrary power, in which they gave freely of their blood and treasure.
Many of these rights are guaranteed in the constitution of the United States, but only as against the general government. That they may not be invaded by the state government, the people have reserved them in the state constitutions.
Pertinent Questions.
In what sense are all men created equal? Is there anything in good blood?
What was meant by the "divine right" of kings to rule?
Could a Mormon practice polygamy in this state, it being part of his religious creed? Why? Can an atheist give evidence in court?