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NEBRASKA
Constitution of
the State of Nebraska
Article I:
Statement of rights.
CI-1 All persons are by nature free and independent,
and have certain inherent and inalienable rights; among these are
life, liberty, the pursuit of happiness, and the right to keep
and bear arms for security or defense of self, family, home, and
others, and for lawful common defense, hunting, recreational use,
and all other lawful purposes, and such rights shall not be
denied or infringed by the state or any subdivision thereof. To
secure these rights, and the protection of property, governments
are instituted among people, deriving their just powers from the
consent of the governed.
Slavery prohibited.
CI-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.
Due process of law.
CI-3 No person shall be deprived of life, liberty, or
property, without due process of law.
Religious freedom.
CI-4 All persons have a natural and indefeasible right
to worship Almighty God according to the dictates of their own
consciences. 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
qualification 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
affirmations. 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.
Freedom of speech and press.
CI-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.
Trial by jury.
CI-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.
Search and seizure.
CI-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.
Habeas corpus.
CI-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.
Bail; fines; imprisonment; cruel and unusual punishment.
CI-9 All persons shall be bailable by sufficient
sureties, except for treason, sexual offenses involving
penetration by force or against the will of the victim, 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 punishment inflicted.
Presentment or indictment by grand jury; information.
CI-10 No person shall be held to answer for a criminal
offense, except in cases in which the punishment is by fine, or
imprisonment otherwise than in the penitentiary, in case of
impeachment, 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 offenses on information of a public
prosecutor; and may by law, abolish, limit, change, amend, or
otherwise regulate the grand jury system.
Rights of Accused.
CI-11 In all criminal prosecutions the accused shall
have the right to appear and defend in person or by counsel, to
demand 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.
Evidence against self; double jeopardy.
CI-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.
Justice administered without delay; Legislature; authorization to
enforce mediation and arbitration.
CI-13. All courts shall be open, and every person, for
any injury done him or her in his or her lands, goods, person, or
reputation, shall have a remedy by due course of law and justice
administered without denial or delay, except that the Legislature
may provide for the enforcement of mediation, binding arbitration
agreements, and other forms of dispute resolution which are
entered into voluntarily and which are not revocable other than
upon such grounds as exist at law or in equity for the revocation
of any contract.
Treason.
CI-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
treason unless on the testimony of two witnesses to the same
overt act, or on confession in open court.
Penalties; corruption of blood; transporting out of state
prohibited.
CI-15 All penalties shall be proportioned to the nature
of the offense, and no conviction 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.
Bill of attainder; retroactive laws; contracts; special
privileges.
CI-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.
Military subordinate.
CI-17 The military shall be in strict subordination to
the civil power.
Soldiers quarters.
CI-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.
Right of peaceable assembly and to petition government.
CI-19 The right of the people peaceably to assemble to
consult for the common good, and to petition the government, or
any department thereof, shall never be abridged.
Imprisonment for debt prohibited; exception.
CI-20 No person shall be imprisoned for debt in any
civil action on mesne or final process, unless in cases of fraud.
Private property compensated for.
CI-21 The property of no person shall be taken or
damaged for public use without just compensation therefor.
Elections to be free.
CI-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.
Capital cases; right of direct appeal; effect; other cases; right
of appeal.
CI-23 In all capital cases, appeal directly to the
Supreme Court shall be as a matter of right and shall operate as
a supersedeas to stay the execution of the sentence of death
until further order of the Supreme Court. In all other cases,
criminal or civil, an aggrieved party shall be entitled to one
appeal to the appellate court created pursuant to Article V,
section 1, of this Constitution or to the Supreme Court as may be
provided by law.
Rights of property; no discrimination; aliens.
CI-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.
Powers retained by people.
CI-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.
English language to be official.
CI-27 The English language is hereby declared to be the
official language of this state, and all official proceedings,
records 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.
Crime victims; rights enumerated; effect; Legislature; duties.
CI-28. (1) A victim of a crime, as shall be defined by
law, or his or her guardian or representative shall have: The
right to be informed of all criminal court proceedings; the right
to be present at trial unless the trial court finds sequestration
necessary for a fair trial for the defendant; and the right to be
informed of, be present at, and make an oral or written statement
at sentencing, parole, pardon, commutation, and conditional
release proceedings. This enumeration of certain rights for
crime victims shall not be construed to impair or deny others
provided by law or retained by crime victims.
(2) The Legislature shall provide by law for the
implementation of the rights granted in this section. There
shall be no remedies other than as specifically provided by the
Legislature for the enforcement of the rights granted by this
section.
(3) Nothing in this section shall constitute a basis
for error in favor of a defendant in any criminal proceeding, a
basis for providing standing to participate as a party to any
criminal proceeding, or a basis to contest the disposition of any
charge.
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Article II:
Legislative, executive, judicial.
CII-1 The powers of the government of this state are
divided into three distinct departments, the legislative,
executive and judicial, and no person or collection of persons
being one of these departments, shall exercise any power properly
belonging to either of the others, except as hereinafter
expressly directed or permitted.
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Article III:
Legislative authority; how vested.
CIII-1 Commencing with the regular session of the
Legislature to be held in January, nineteen hundred and
thirty-seven, the legislative authority of the state shall be
vested in a Legislature consisting of one chamber. The people
reserve for themselves, however, the power to propose laws, and
amendments to the constitution, and to enact or reject the same
at the polls, independent of the Legislature, and also reserve
power at their own option to approve or reject at the polls any
act, item, section, or part of any act passed by the Legislature.
All authority vested by the constitution or laws of the state in
the Senate, House of Representatives, or joint session thereof,
in so far as applicable, shall be and hereby is vested in said
Legislature of one chamber. All provisions in the constitution
and laws of the state relating to the Legislature, the Senate,
the House of Representatives, joint sessions of the Senate and
House of Representatives, Senator, or member of the House of
Representatives, shall, in so far as said provisions are
applicable, apply to and mean said Legislature of one chamber
hereby created and the members thereof. All references to Clerk
of House of Representatives or Secretary of Senate shall mean,
when applicable, the Clerk of the Legislature of one chamber.
All references to Speaker of the House of Representatives or
temporary president of the Senate shall mean Speaker of the
Legislature. Whenever any provision of the constitution requires
submission of any matter to, or action by, the House of
Representatives, the Senate, or joint session thereof, or the
members of either body or both bodies, it shall after January
first, nineteen hundred and thirty-seven, be construed to mean
the Legislature herein provided for.
First power reserved; initiative.
CIII-2 The first power reserved by the people is the
initiative whereby laws may be enacted and constitutional
amendments adopted by the people independently of the
Legislature. This power may be invoked by petition wherein the
proposed measure shall be set forth at length. If the petition
be for the enactment of a law, it shall be signed by seven
percent of the registered voters of the state, and if the
petition be for the amendment of the Constitution, the petition
therefor shall be signed by ten percent of such registered
voters. In all cases the registered voters signing such petition
shall be so distributed as to include five percent of the
registered voters of each of two-fifths of the counties of the
state, and when thus signed, the petition shall be filed with the
Secretary of State who shall submit the measure thus proposed to
the electors of the state at the first general election held not
less than four months after such petition shall have been filed.
The same measure, either in form or in essential substance, shall
not be submitted to the people by initiative petition, either
affirmatively or negatively, more often than once in three years.
If conflicting measures submitted to the people at the same
election be approved, the one receiving the highest number of
affirmative votes shall thereby become law as to all conflicting
provisions. The constitutional limitations as to the scope and
subject matter of statutes enacted by the Legislature shall apply
to those enacted by the initiative.
Second power reserved; referendum.
CIII-3 The second power reserved is the referendum
which may be invoked, by petition, against any act or part of an
act of the Legislature, except those making appropriations for
the expense of the state government or a state institution
existing at the time of the passage of such act. Petitions
invoking the referendum shall be signed by not less than five
percent of the registered voters of the state, distributed as
required for initiative petitions, and filed in the office of the
Secretary of State within ninety days after the Legislature at
which the act sought to be referred was passed shall have
adjourned sine die or for more than ninety days. Such petition
shall set out the title of the act against which the referendum
is invoked and, in addition thereto, when only a portion of the
act is sought to be referred, the number of the section or
sections or portion of sections of the act designating such
portion. When the referendum is thus invoked, the Secretary of
State shall refer the same to the electors for approval or
rejection at the first general election to be held not less than
thirty days after the filing of such petition.
When the referendum is invoked as to any act or part of
act, other than emergency acts or those for the immediate
preservation of the public peace, health, or safety, by petition
signed by not less than ten percent of the registered voters of
the state distributed as aforesaid, it shall suspend the taking
effect of such act or part of act until the same has been
approved by the electors of the state.
Initiative or referendum; signatures required; veto; election
returns; constitutional amendments; non-partisan ballot.
CIII-4 The whole number of votes cast for Governor at
the general election next preceding the filing of an initiative
or referendum petition shall be the basis on which the number of
signatures to such petition shall be computed. The veto power of
the Governor shall not extend to measures initiated by or
referred to the people. A measure initiated shall become a law
or part of the Constitution, as the case may be, when a majority
of the votes cast thereon, and not less than thirty-five per cent
of the total vote cast at the election at which the same was
submitted, are cast in favor thereof, and shall take effect upon
proclamation by the Governor which shall be made within ten days
after the official canvass of such votes. The vote upon
initiative and referendum measures shall be returned and
canvassed in the manner prescribed for the canvass of votes for
president. The method of submitting and adopting amendments to
the Constitution provided by this section shall be supplementary
to the method prescribed in the article of this Constitution,
entitled, "Amendments" and the latter shall in no case be
construed to conflict herewith. The provisions with respect to
the initiative and referendum shall be self-executing, but
legislation may be enacted to facilitate their operation. All
propositions submitted in pursuance hereof shall be submitted in
a non-partisan manner and without any indication or suggestion on
the ballot that they have been approved or endorsed by any
political party or organization. Only the title or proper
descriptive words of measures shall be printed on the ballot and
when two or more measures have the same title they shall be
numbered consecutively in the order of filing with the Secretary
of State and the number shall be followed by the name of the
first petitioner on the corresponding petition.
Legislative districts; apportionment; redistricting, when
required.
CIII-5 At the regular session of the Legislature held
in the year nineteen hundred and thirty-five the Legislature
shall by law determine the number of members to be elected and
divide the state into legislative districts. In the creation of
such districts, any county that contains population sufficient to
entitle it to two or more members of the Legislature shall be
divided into separate and distinct legislative districts, as
nearly equal in population as may be and composed of contiguous
and compact territory. One member of the Legislature shall be
elected from each such district. The basis of apportionment
shall be the population excluding aliens, as shown by the next
preceding federal census. The Legislature shall redistrict the
state after each federal decennial census. In any such
redistricting, county lines shall be followed whenever
practicable, but other established lines may be followed at the
discretion of the Legislature.
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