Nebraska State Constitution
CONSTITUTION
OF THE
STATE OF NEBRASKA
of 1875
PREAMBLE.
We, the people, grateful to Almighty God for our freedom, do
ordain and establish the following declaration of rights and
frame of government, as the Constitution of the State of
Nebraska.
ARTICLE I
BILL OF RIGHTS
Sec. 1.
All persons are by nature free and independent, and have
certain inherent and inalienable rights; among these are
life, liberty and the pursuit of happiness. To secure these
rights, and the protection of property, governments are
instituted among people, deriving their just powers from the
consent of the governed.
Sec. 2.
There shall be neither slavery nor involuntary servitude in
this state, otherwise than for punishment of crime, whereof
the party shall have been duly convicted
Sec. 3.
No person shall be deprived of life, liberty, or property,
without due process of law.
Sec. 4.
All persons have a natural and indefeasible right to worship
Almighty God according to the dictates of their own consci-
ences. No person shall be compelled to attend, erect or
support any place of worship against his consent, and no
preference shall be given by law to any religious society,
nor shall any interference with the rights of conscience be
permitted. No religious test shall be required as a qualifi-
cation for office, nor shall any person be incompetent to be
a witness on account of his religious beliefs; but nothing
herein shall be construed to dispense with oaths and affirm-
ations. Religion, morality, and knowledge, however, being
essential to good government, it shall be the duty of the
legislature to pass suitable laws to protect every religious
denomination in the peaceable enjoyment of its own mode of
public worship, and to encourage schools and the means of
instruction.
Sec. 5.
Every person may freely speak, write and publish on all
subjects, being responsible for the abuse of that liberty;
and in all trials for libel, both civil and criminal, the
truth when published with good motives, and for justifiable
ends, shall be a sufficient defense.
Sec. 6.
The right of trial by jury shall remain inviolate, but the
Legislature may authorize trial by a jury of a less number
than twelve in courts inferior to the District Court, and
may by general law authorize a verdict in civil cases in any
court by not less than five- sixths of the jury. (Amended,
1896, 1914, 1920.)
Sec. 7.
The right of the people to be secure in their persons,
houses papers, and effects against unreasonable searches and
seizures shall not be violated; and no warrant shall issue
but upon probable cause, supported by oath or affirmation,
and particularly describing the place to be searched, and
the person or thing to be seized.
Sec. 8.
The privilege of the writ of habeas corpus shall not be
suspended, unless, in case of rebellion or invasion, the
public safety requires it, and then only in such manner as
shall be prescribed by law.
Sec. 9.
All persons shall be bailable by sufficient sureties, except
for treason and murder, where the proof is evident or the
presumption great. Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and unusual punishments
inflicted.
Sec. 10.
No person shall be held to answer for a criminal offense,
except in cases in which the punishment is by fine, or im-
prisonment otherwise than in a penitentiary, in case of im-
peachment, and in cases arising in the army and navy, or in
the militia when in actual service in time of war or public
danger, unless on a presentment or indictment of a grand
jury; Provided, That the Legislature may by law provide for
holding persons to answer for criminal offences on informa-
tion of a public prosecutor; and may by law, abolish, limit,
change, amend, or otherwise regulate the grand jury system.
Sec. 11.
In all criminal prosecutions the accused shall have the
right to appear and defend in person or by counsel, to de-
mand the nature and cause of accusation, and to have a copy
thereof; to meet the witnesses against him face to face; to
have process to compel the attendance of witnesses in his
behalf; and a speedy public trial by an impartial jury of
the county or district in which the offense is alleged to
have been committed.
Sec. 12.
No person shall be compelled, in any criminal case, to give
evidence against himself, or be twice put in jeopardy for
the same offense.
Sec. 13.
All courts shall be open, and every person, for any injury
done him in his lands, goods, person or reputation, shall
have a remedy by due course of law, and justice administered
without denial or delay.
Sec. 14.
Treason against the state shall consist only in levying war
against the state, or in adhering to its enemies, giving
them aid and comfort. No person shall be convicted of trea-
son, unless on the testimony of two witnesses to the same
overt act, or on confession in open court.
Sec. 15.
All penalties shall be proportioned to the nature of the
offense, and no convicion shall work corruption of blood or
forfeiture of estate; nor shall any person be transported
out of the state for any offense committed within the state.
Sec. 16.
No bill of attainder, ex post facto law, or law impairing
the obligation of contracts, or making any irrevocable grant
of special privileges or immunities shall be passed.
Sec. 17.
The military shall be in strict subordination to the civil
power.
Sec. 18.
No soldier shall in time of peace be quartered in any house
without the consent of the owner; nor in time of war except
in the manner prescribed by law.
Sec. 19.
The right of the people peaceably to assemble to consult for
the common good, and to petition the government, or any de-
partment thereof, shall never be abridged.
Sec. 20.
No person shall be imprisoned for debt in any civil action
on mesne or final process, unless in cases of fraud.
Sec. 21.
The property of no person shall be taken or damaged for pub-
lic use without just compensation therefor.
Sec. 22.
All elections shall be free; and there shall be no hindrance
or impediment to the right of a qualified voter to exercise
the elective franchise
Sec. 23.
In all cases of felony the defendant shall have the right of
appeal to the Supreme Court; and in capital cases such ap-
peal shall operate as a supersedeas to stay the execution of
the sentence of death, until further order of the Supreme
Court. (Amended, 1972.
Sec. 24.
The right to be heard in all civil cases in the court of
last resort, by appeal, error, or otherwise, shall not be
denied.
Sec. 25.
There shall be no discrimination between citizens of the
United States in respect to the acquisition, ownership,
possession, enjoyment or descent of property. The right of
aliens in respect to the acquisition, enjoyment and descent
of property may be regulated by law. (Amended, 1920.)
Sec. 26.
This enumeration of rights shall not be construed to impair
or deny others, retained by the people, and all powers not
herein delegated, remain with the people.
Sec. 27.
The English language is hereby declared to be the official
language of this state, and all official proceedings, re-
cords and publications shall be in such language, and the
common school branches shall be taught in said language in
public, private, denominational and parochial schools.
(Adopted, 1920.)
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