CONSTITUTION OF THE STATE OF MAINE (as amended to Jan. 1, 1973) PREAMBLE We the people of Maine, in order to establish justice, in- sure tranquility, provide for our mutual defense, promote our common welfare, and secure to our selves and our poster- ity the blessings of liberty, acknowledging with gratefu l hearts the goodness of the Sovereign Ruler of the Universe in affording us an opportunity, so favorable to the design; and, imploring His aid and direct ion in its accomplishment, do agree to form ourselves into a free and independent State, by the style and title of the STATE OF MAINE, and do ordain and establish the following Constitution for the gov- ernment of the same. ARTICLE I DECLARATION OF RIGHTS Art. 1. All men are born equally free and independent, and have cer- tain natural, inherent, and unalienable rights, among which are those of enjoying and defending Life and Liberty, ac- quiring, possessing, and protecting property; and of pursu- ing and obtaining safety and happiness. Sec. 2. All power is inherent in the people; all free governments are fou nded in their authority and instituted for their benefit; they have therefore an unalienable and indefeasible right to institute government, and to alter, reform, or totally change the same, when their safety and happiness require it. Sec. 3. All men have a natural and unalienable right to worship Al- mighty God according to the dictates of their own consci- ences, and no one shall be h urt, molested or restrained in his person, liberty or estate for worshipping God in the manner and season most agreeable to the dictates of his own conscience, nor for his religious professions or senti- ments, provided he does not d isturb the public peace, nor obstruct others in their religious worship; - An d all persons demeaning themselves peaceably, as good members of the state, shall be equally under the protection of the laws, and no subordination nor preference of any one sect or denomination to another shall ever be established by law, nor shall any religious test be req uired as a qualification for any office or trust, under this State; and all relig- ious societies in this State, whether incorporate or unin- corporate, shall at all times have the exclusive right of electing their public teachers, and contracting with them for their support and maintenance. Sec. 4. Every citizen may freely speak, write and publish his senti- ments on any subject, being responsible for the abuse of this liberty; no laws shal l be passed regulating or re- straining the freedom of the press; and in prosec utions for any publication respecting the official conduct of men in public c apacity, or the qualifications of those who are candidates for the suffrages of the people, or where the matter published is proper for public informatio n, the truth thereof may be given in evidence and in all indict- ments for libels, the jury, after having received the dire ction of the court, shall have a right to determine, at their discretion, the law and the fact. Sec. 5. The people shall be secure in their persons, houses, papers and possessions from all unreasonable searches and seiz- ures; and no warrant to sear ch any place, or seize any person or thing, shall issue without a special des ignation of the place to be searched, and the person or thing to be seized, n or without probable cause - supported by oath or affirmation. Sec. 6. In all criminal prosecutions, the accused shall have a right to be heard by himself and his counsel, or either, at his election; To demand the nature and cause of the accusation, and have a copy thereof; to be confronted by the witnesses against him; to have compulsory process for obtaining witnes ses in his favor; to have a speedy, public and impartial trial, and, except in trials by martial law or impeachment, by a jury of the vicinity. He shall not be compelled to fur- nish or give evidence against himself, nor be deprived of his life, liberty, property or privileges, but by judgement of his peers or the law of the land. Sec. 6-A. No person shall be deprived of life, liberty, or property without due process of law, nor be denied the equal pro- tection of the laws, nor be denied the enjoyment of his civil rights or be discriminated against in the exercise thereof. Sec. 7. No person shall be held to answer for a capital or infamous crime, unless on a presentment or indictment of a grand jury, except in cases of impeachment, or in such cases of offenses, as are usually cognizable by a justice of the peace, or in cases arising in the army or navy, or in the militia when in actual service in time of war or public danger. The Legislature shall provide by law a suitable and impartial mode of selecting juries, and their usual number and unanimity, in indictments and convictions, shall be held indispensable. Sec. 8. No person, for the same offense, shall be twice put in jeo- pardy of life or limb. Sec. 9. Sanguinary laws shall not be passed: all penalties and pun- ishments shall be proportioned to the offence: excessive bail shall not be required, nor excessive fines imposed, nor cruel nor unusual punishments inflicted Sec. 10. No person before conviction shall be bailable for any of the crimes which now are, or have been denominated capital of- fences since the adoption fo the Constitution, where the proof is evident or the presumption great, whatever the punishment of the crimes may be. And the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. [amended by amendment ii] Sec. 11. The Legislature shall pass no bill of attainder, ex post facto law, nor law impairing the obligation of contracts, and no attainder shall work corruption of blood nor for- feiture of estate. Sec. 12. Treason against the state shall consist only in levying war against it, adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or confession in open court. Sec. 13. The laws shall not be suspended but by the Legislature or its authority. Sec. 14. No person shall be subject to corporal punishment under mil- itary law, except such as are employed in the army or navy, or in the militia when in actual service in time of war or public danger. Sec. 15. The people have a right at all times in an orderly and peaceable manner to assemble to consult upon the common good, to give instructions to their Representatives, and to request, of either department of the government by petition or remonstrance, redress of their wrongs and grievances. Sec. 16. Every citizen has a right to keep and bear arms for the com- mon defence; and this right shall never be questioned. Sec. 17. No standing army shall be kept up in time of peace 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. Sec. 18. No soldier shall in time of peace be quartered in any house with out the consent of the owner or occupant, nor in time of war, but in a manner to be prescribed by law. Sec. 19. Every person, for an injury done him in his person, reputa- tion, property or immunities, shall have remedy by due course of law; and right and justice shall be administered freely and without sale, completely and without denial, promptly and without delay. Sec. 20. In all civil suits, and in all controversies concerning property , the parties shall have a right to a trial by jury, except in cases where it has heretofore been otherwise practiced: the party claiming the right may be heard by himself and his counsel, or either, at his election. Sec. 21. Private property shall not be taken for public uses without just compensation; nor unless the public exigencies require it. Sec. 22. No tax or duty shall be imposed without the consent of the people or their Representatives in the Legislature. Sec. 23. No title of nobility or hereditary distinction, privilege, honor or emolument, shall ever be granted or confirmed, nor shall any office be cre ated, the appointment to which shall be for a longer time than during good be havior. Sec. 24. The enumeration of certain rights shall not impair nor deny others retained by the people.