CONSTITUTION OF THE STATE OF KENTUCKY (as amended to 1980) PREAMBLE We, the people of the Commonwealth of Kentucky, grateful to Almighty God for the civil, political and religious liber- ties we enjoy, and invoking the continuance of these bless- ings, do ordain and establish this Constitution. BILL OF RIGHTS That the great and essential principles of liberty and free government may be recognized and established, we declare that: Sec. 1. Rights of life, liberty, worship, pursuit of safety and hap- piness, free speech, acquiring and protecting property, peaceable assembly, redress of grievances, bearing arms. All men are, by nature, free and equal, and have certain inherent and inalienable rights, among which may be reckoned: First: The right of enjoying and defending their lives and liber- ties. Second: The right of worshipping Almighty God according to the dic- tates of their conscience. Third: The right of seeking and pursuing their safety and happi- ness. Fourth: The right of freely communicating their thoughts and opin- ions. Fifth: The right of acquiring and protecting property. Sixth: The right of assembling together in a peaceable manner for their common good, and of applying to those invested with power of government for redress of grievances or other proper purposes, by petition, address or remonstrance. Seventh: The right to bear arms in defense of themselves and of the State, subject to the power of the General Assembly to enact laws to prevent persons from carrying concealed weapons. Sec. 2. Absolute and arbitrary power denied. Absolute and arbitrary power over the lives, liberty and property of freemen exists nowhere in a republic, not even in the largest majority. Sec. 3. Men are equal; no exclusive grant except for public ser- vices; property not to be exempted from taxation; grants revocable. All men, when they form a social compact, are equal; and no grant of exclusive, separate public emoluments or privileges shall be made to any man or set of men, except in consideration of public services; but no property shall be exempt from taxation except as provided in this Consti- tution, and every grant of a franchise, privilege or exemp- tion, shall remain subject to revocation, alteration or amendment. Sec. 4. Power inherent in the people; right to alter, reform or abolish government. All power is inherent in the people, and all free governments are founded on their authority and instituted for their peace, safety, happiness and the pro- tection of property. 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 deem proper. Sec. 5. Right of religious freedom. No preference shall ever be given by law to any religious sect, society or denomination; nor to any particular creed, mode of worship or system of ecclesiastical polity; nor shall any person be compelled to attend any place of worship, to contribute to the erection or maintenance of any such place, or to the salary or sup- port of any minister or religion; nor shall any man be com- pelled to send his child to any school to which he may be conscientiously opposed; and the civil rights, privileges or capacities of no person shall be taken away, or in anywise diminished or enlarged, on account of his belief or disbe- lief of any religious tenet, dogma or teaching. No human authority shall, in any case whatever, control or interfere with the rights of conscience. Sec. 6. Elections to be free and equal..All elections shall be free and equal. Sec. 7. Right of trial by jury. The ancient mode of trial by jury shall be held sacred, and the right thereof remain invio- late, subject to such modifications as may be authorized by this Constitution. Sec. 8. Freedom of speech and of the press. Printing presses shall be free to every person who undertakes to examine the pro- ceedings of the General Assembly or any branch of govern- ment, and no shall ever be made to restrain the right there- of. Every person may freely and fully speak, write and print on any subject, being responsible for the abuse of that liberty. Sec. 9. Truth may be given in evidence in prosecution for publish- ing matters proper for public information; jury to try law and facts in libel prosecutions. In prosecutions for the publication of papers investigating the official conduct of officers or men in public capacity, or where the matter pub- lished is proper for public information, the truth thereof may be given in evidence; and in all indictments for libel the jury shall have the right to determine the law and the facts, under the direction of the court, as in other cases. Sec. 10. Security from search and seizure; conditions of issuance of warrants. The people shall be secure in their persons, houses, papers and possessions, from unreasonable searches and seizure; and no warrant shall issue to search any place, or seize any person or thing, without describing them as nearly as may be, nor without probable cause supported by oath or affirmation. Sec. 11. Rights of accused in criminal prosecution; change of venue. In all criminal prosecutions the accused has the right to be heard by himself and counsel; to demand the nature and cause of the accusation against him; to meet the witnesses face to face, and to have compulsory process for obtaining witnesses in his favor. He cannot be compelled to give evidence against himself, nor can he be deprived of his life, liberty or property, unless by the judgement of his peers or the law of the land; and in prosecutions by indictments or informa- tion, he shall have a speedy public trial by an impartial jury of the vicinage; but the General Assembly may provide by a general law for a change of venue in such prosecutions for both the defendant and the Commonwealth, the change to be made to the most convenient county in which a fair trial can be obtained. Sec. 12. Indictable offense not to be prosecuted by information; exceptions. No person, for an indictable offense, shall 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 court for oppression or misdemeanor in office. Sec. 13. Double jeopardy; property not to be taken for public use without just compensation. No person shall, for the same offense, be twice put in jeopardy of his life or limb, nor shall any man's property be taken or applied to public use without just compensation being previously made to him. Sec. 14. Right of judicial remedy for injury; speedy trial. All courts shall be open, and every person for an injury done him in his lands, goods, person or reputation, shall have remedy by due course of law, and right and justice adminis- tered without sale, denial or delay. Sec. 15. Laws to be suspended only by General Assembly. No power to suspend laws shall be exercised unless by the General Assem- bly.or its authority. Sec. 16. Right to bail; habeas corpus. All prisoners shall be bail- able by sufficient securities, unless for capital offenses when the proof is evident or the presumption great: and the privilege of the writ of habeas corpus shall not be suspend- ed unless when, in case of rebellion or invasion, the public safety may require it. Sec. 17. Excessive bail or fine, or cruel punishment, prohibited. Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishment inflicted. Sec. 18. Imprisonment for debt restricted. 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. Sec. 19. Ex post facto law or law impairing the obligation of con- tract forbidden. No ex post facto law, nor any law im- pairing the obligation of contracts, shall be enacted. Sec. 20. Attainder, operation of restricted. No person shall be at- tainted of treason or felony by the General Assembly, and no attainder shall work corruption of blood, nor, except during the life of the offender, forfeiture of estate to the Commonwealth. Sec. 21. Descent in case of suicide or casualty. The estate of such persons as shall destroy their own lives shall descend or vest as in cases of natural death; and if any person shall be killed by casualty, there shall be no forfeiture by reason thereof. Sec. 22. Standing armies restricted; military subordinate to civil; quartering soldiers restricted. No standing army shall, in time of peace, be maintained without the consent of the General Assembly; and the military shall, in all cases and at all times, be in strict subordination to the civil power; nor shall any soldier, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, except in a manner prescribed by law. Sec. 23. No office of nobility or hereditary distinction, or for longer than a term of years. The General Assembly shall not grant any title of nobility or hereditary distinction, nor create any office the appointment of which shall be for a longer time than a term of years. Sec. 24. Emigration to be free. Emigration from the state shall not be prohibited. Sec. 25. Slavery and involuntary servitude forbidden. Slavery and in- voluntary servitude in this State are forbidden, except as punishment for crime, whereof the party shall have been duly convicted. Sec. 26. General powers subordinate to Bill of Rights; laws contrary thereto are void. To guard against transgression of the high powers which we have delegated, We Declare that every thing in this Bill of Rights is excepted out of the general powers of government, and shall forever remain inviolate; and all laws contrary thereto, or contrary to this Constitution, shall be void. ************************ END ***********************