DECLARATION OF RIGHTS
That the general, great and essential principles of liberty and free
governmentmay be recognized and unalterably established, WE DECLARE THAT -
Inherent Rights of Mankind
Section 1.
All men are born equally free and independent, and have certain inherent
and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing and protecting
property and reputation, and of pursuing their own happiness.
Political Powers
Section 2.
All power is inherent in the people,
and all free governments are founded on their authority and instituted for their peace, safety and happiness. For the advancement
of these ends they have at all times an inalienable and indefeasible right to alter, reform or abolish their government in
such manner as they may think proper.
Religious Freedom
Section 3.
All
men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; no man
can of right be compelled to attend, erect or support any place of worship or to maintain any ministry against his consent;
no human authority can, in any case whatever, control or interfere with the rights of conscience, and no preference shall
ever be given by law to any religious establishments or modes of worship.
Religion
Section 4.
No
person who acknowledges the being of a God and a future state of rewards and punishments shall, on account of his religious
sentiments, be disqualified to hold any office or place of trust or profit under this Commonwealth.
Elections
Section 5.
Elections
shall be free and equal; and no power, civil or military, shall at any time interfere to prevent the free exercise of the
right of suffrage.
Trial by Jury
Section 6.
Trial
by jury shall be as heretofore, and the right thereof remain inviolate. The General assembly may provide, however, by law,
that a verdict may be rendered by not less than five-sixths of the jury in any civil case.
Freedom of Press and Speech; Libels
Section 7.
The
printing press shall be free to every person who may undertake to examine
the proceedings of the Legislature or any branch
of government, and no law shall
ever by made to restrain the right thereof. The free communication of thoughts and opinions
is one of the invaluable rights of man, and every citizen may freely speak, write and print on any subject, being responsible
for the abuse of that liberty. No conviction shall be had in any prosecution for the publication of papers relating to the
official conduct of officers or men in public capacity, or to any other matter proper for public investigation or information,
where the fact that such publication was not maliciously or negligently made shall be established to the satisfaction of the
jury; and in all indictments for libels the jury shall have the right to determine the law and the facts, under the direction
of the court, as in other cases.
Security From Searches and Seizures
Section 8.
The
people shall be secure in their persons, houses, papers and possessions from unreasonable searches and seizures, and no warrant
to search any place or to seize any person or things shall issue without describing them as nearly as may be, nor without
probable cause, supported by oath or affirmation subscribed by the affiant.
Rights of Accused in Criminal Prosecutions
Section 9.
In
all criminal prosecutions the accused hath a right to be heard by himself and his counsel, to demand the nature and cause
of the accusation against him, to meet the witnesses face to face, to have compulsory process for obtaining witnesses in his
favor, and in prosecutions by indictment or information, a
speedy public trial by an impartial jury of the vicinage; he
cannot be compelled to give evidence against himself, nor can he be deprived of his life, liberty or property, unless by the
judgment of his peers or the law of the land. The use of a suppressed voluntary admission or voluntary confession to impeach
the credibility of a person may be permitted and shall not be construed as compelling a person to give evidence against himself.
Initiation of Criminal Proceedings; Twice in Jeopardy; Eminent
Domain
Section 10.
Except
as hereinafter provided no person shall, for any indictable offense, be proceeded against criminally by information, except
in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war or public danger,
or by leave of the court for oppression or misdemeanor in office.
Each of the several courts of common pleas may, with
the approval of the Supreme Court, provide for the initiation of criminal proceedings therein by information filed in the
manner provided by law. No person shall, for the same offense, be twice put in jeopardy of life or limb; nor shall private
property be taken or
applied to public use, without authority of law and without just compensation being first made or
secured.
Courts to Be Open; Suits Against the Cmmonwealth
Section 11.
All
courts shall be open; and every man for an injury done him in his lands,goods, person or reputation shall have remedy by due
course of law, and eight and justice administered without sale, denial or delay. Suits may be brought against the Commonwealth
in such manner, in such courts and in such cases as the
Legislature may by law direct.
Power of Suspending Laws
Section 12.
No
power of suspending laws shall be exercised unless by the Legislature or by its authority.
Bail, Fines and Punishments
Section 13.
Excessive
bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted.
Prisoners to be Bailable; Habeas Corpus
Section 14.
All
prisoners shall be bailable by sufficient sureties, unless for capital offenses when the proof is evident of presumption great;
and the privilege of the writ of habeas corpus shall not be suspended, unless when in case of rebellion or invasion the public
safety may require it.
Special Criminal Tribunals
Section 15.
No
commission shall issue creating special temporary criminal tribunals to try particular individuals or particular classes of
cases.
Insolvent Debtors
Section 16.
The
person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison after delivering up his
estate for the benefit of his creditors in such manner as shall be prescribed by law.
Ex Post Facto Laws; Impairment of Contracts
Section 17.
No
ex post facto law, nor any law impairing the obligation of contracts, or making irrevocable any grant of special privileges
or immunities, shall be passed.
Attainder
Section 18.
No
person shall be attained of treason or felony by the Legislature.
Attainder Limited
Section 19.
No
attainder shall work corruption of blood, nor, except during the life of the offender, forfeiture of estate to the Commonwealth.
Right of Petition
Section 20.
The
citizens have a right in a peaceable manner to assemble together for their common good, and to apply to those invested with
the powers of government for redress of grievances or other proper purposes by petition, address or remonstrance.
Right to Bear Arms
Section 21.
The
right of the citizens to bear arms in defense of themselves and the State shall not be questioned.
Standing Army; Military Subordinate to Civil Power
Section 22.
No
standing army shall, in time of peace, be kept up without the consent of the Legislature, and the military shall in all cases
and at all times be in strict
subordination to the civil power.
Quartering of Troops
Section 23.
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.
Titles and Offices
Section 24.
The
Legislature shall not grant any title of nobility of hereditary distinction,nor create any office the appointment to which
shall be for a longer term than during good behavior.
Reservation of Powers in People
Section 25.
To guard against the transgressions of the high powers which we have delegated,we
declare that everything in this article is excepted out of the general powers of government and shall forever remain inviolate.
No Discrimination by Commonwealth and Its Political Subdivisions
Section 26.
Neither
the Commonwealth nor any political subdivision thereof shall deny to any person the enjoyment of any civil right, nor discriminate
against any person in the exercise of any civil right.
Natural Resources and the Public Estate
Section 27.
The
people have a right to clean air, pure water, and to the preservation of the
natural, scenic, historic and esthetic values
of the environment. Pennsylvania's public natural resources are the common property of all the people, including generations
yet to come. As trustee of these resources, the Commonwealth shall conserve and maintain them for the benefit of all the people.
Prohibition Against Denial or Abridgment of Equality of Rights
Because of Sex
Section 28.
Equality
of rights under the law shall not be denied or abridged in the Commonwealth of Pennsylvania because of the sex of the individual.
