Michigan Constitution of 1963/Article 1
Article I: Declaration of Rights
- 1 § 1 Political power.
- 2 § 2 Equal protection; discrimination.
- 3 § 3 Assembly, consultation, instruction, petition.
- 4 § 4 Freedom of worship and religious belief; appropriations.
- 5 § 5 Freedom of speech and of press.
- 6 § 6 Bearing of arms.
- 7 § 7 Military power subordinate to civil power.
- 8 § 8 Quartering of soldiers.
- 9 § 9 Slavery and involuntary servitude.
- 10 § 10 Attainder; ex post facto laws; impairment of contracts.
- 11 § 11 Searches and seizures.
- 12 § 12 Habeas corpus.
- 13 § 13 Conduct of suits in person or by counsel.
- 14 § 14 Jury trials.
- 15 § 15 Double jeopardy; bailable offenses; commencement of trial if bail denied; bail hearing; effective date.
- 16 § 16 Bail; fines; punishments; detention of witnesses.
- 17 § 17 Self-incrimination; due process of law; fair treatment at investigations.
- 18 § 18 Witnesses; competency, religious beliefs.
- 19 § 19 Libels, truth as defense.
- 20 § 20 Rights of accused in criminal prosecutions.
- 21 § 21 Imprisonment for debt.
- 22 § 22 Treason; definition, evidence.
- 23 § 23 Enumeration of rights not to deny others.
- 24 § 24 Rights of crime victims; enforcement; assessment against convicted defendants.
- 25 § 25 Marriage.
- 26 § 26 Affirmative action programs.
§ 1 Political power.Edit
Sec. 1. All political power is inherent in the people. Government is instituted for their equal benefit, security and protection.
§ 2 Equal protection; discrimination.Edit
Sec. 2. No person shall be denied the equal protection of the laws; nor shall any person be denied the enjoyment of his civil or political rights or be discriminated against in the exercise thereof because of religion, race, color or national origin. The legislature shall implement this section by appropriate legislation.
§ 3 Assembly, consultation, instruction, petition.Edit
Sec. 3. The people have the right peaceably to assemble, to consult for the common good, to instruct their representatives and to petition the government for redress of grievances.
§ 4 Freedom of worship and religious belief; appropriations.Edit
Sec. 4. Every person shall be at liberty to worship God according to the dictates of his own conscience. No person shall be compelled to attend, or, against his consent, to contribute to the erection or support of any place of religious worship, or to pay tithes, taxes or other rates for the support of any minister of the gospel or teacher of religion. No money shall be appropriated or drawn from the treasury for the benefit of any religious sect or society, theological or religious seminary; nor shall property belonging to the state be appropriated for any such purpose. The civil and political rights, privileges and capacities of no person shall be diminished or enlarged on account of his religious belief.
§ 5 Freedom of speech and of press.Edit
Sec. 5. Every person may freely speak, write, express and publish his views on all subjects, being responsible for the abuse of such right; and no law shall be enacted to restrain or abridge the liberty of speech or of the press.
§ 6 Bearing of arms.Edit
Sec. 6. Every person has a right to keep and bear arms for the defense of himself and the state.
§ 7 Military power subordinate to civil power.Edit
Sec. 7 The military shall in all cases and at all times be in strict subordination to the civil power.
§ 8 Quartering of soldiers.Edit
Sec. 8. No soldier shall, in time of peace, be quartered in any house without the consent of the owner or occupant, nor in time of war, except in a manner prescribed by law.
§ 9 Slavery and involuntary servitude.Edit
Sec. 9. Neither slavery, nor involuntary servitude unless for the punishment of crime, shall ever be tolerated in this state.
§ 10 Attainder; ex post facto laws; impairment of contracts.Edit
Sec. 10. No bill of attainder, ex post facto law or law impairing the obligation of contract shall be enacted.
§ 11 Searches and seizures.Edit
Sec. 11. The person, houses, papers and possessions of every person shall be secure from unreasonable searches and seizures. No warrant to search any place or to seize any person or things shall issue without describing them, nor without probable cause, supported by oath or affirmation. The provisions of this section shall not be construed to bar from evidence in any criminal proceeding any narcotic drug, firearm, bomb, explosive or any other dangerous weapon, seized by a peace officer outside the curtilage of any dwelling house in this state.
§ 12 Habeas corpus.Edit
Sec. 12. The privilege of the writ of habeas corpus shall not be suspended unless in case of rebellion or invasion the public safety may require it.
§ 13 Conduct of suits in person or by counsel.Edit
Sec. 13. A suitor in any court of this state has the right to prosecute or defend his suit, either in his own proper person or by an attorney.
§ 14 Jury trials.Edit
Sec. 14. The right of trial by jury shall remain, but shall be waived in all civil cases unless demanded by one of the parties in the manner prescribed by law. In all civil cases tried by 12 jurors a verdict shall be received when 10 jurors agree.
§ 15 Double jeopardy; bailable offenses; commencement of trial if bail denied; bail hearing; effective date.Edit
Sec. 15. No person shall be subject for the same offense to be twice put in jeopardy. All persons shall, before conviction, be bailable by sufficient sureties, except that bail may be denied for the following persons when the proof is evident or the presumption great:
(a) A person who, within the 15 years immediately preceding a motion for bail pending the disposition of an indictment for a violent felony or of an arraignment on a warrant charging a violent felony, has been convicted of 2 or more violent felonies under the laws of this state or under substantially similar laws of the United States or another state, or a combination thereof, only if the prior felony convictions arose out of at least 2 separate incidents, events, or transactions.
(b) A person who is indicted for, or arraigned on a warrant charging, murder or treason.
(c) A person who is indicted for, or arraigned on a warrant charging, criminal sexual conduct in the first degree, armed robbery, or kidnapping with intent to extort money or other valuable thing thereby, unless the court finds by clear and convincing evidence that the defendant is not likely to flee or present a danger to any other person.
(d) A person who is indicted for, or arraigned on a warrant charging, a violent felony which is alleged to have been committed while the person was on bail, pending the disposition of a prior violent felony charge or while the person was on probation or parole as a result of a prior conviction for a violent felony.
If a person is denied admission to bail under this section, the trial of the person shall be commenced not more than 90 days after the date on which admission to bail is denied. If the trial is not commenced within 90 days after the date on which admission to bail is denied and the delay is not attributable to the defense, the court shall immediately schedule a bail hearing and shall set the amount of bail for the person.
As used in this section, “violent felony” means a felony, an element of which involves a violent act or threat of a violent act against any other person.
This section, as amended, shall not take effect until May 1, 1979.
§ 16 Bail; fines; punishments; detention of witnesses.Edit
Sec. 16. Excessive bail shall not be required; excessive fines shall not be imposed; cruel or unusual punishment shall not be inflicted; nor shall witnesses be unreasonably detained.
§ 17 Self-incrimination; due process of law; fair treatment at investigations.Edit
Sec. 17. No person shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property, without due process of law. The right of all individuals, firms, corporations and voluntary associations to fair and just treatment in the course of legislative and executive investigations and hearings shall not be infringed.
§ 18 Witnesses; competency, religious beliefs.Edit
Sec. 18. No person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief.
§ 19 Libels, truth as defense.Edit
Sec. 19. In all prosecutions for libels the truth may be given in evidence to the jury; and, if it appears to the jury that the matter charged as libelous is true and was published with good motives and for justifiable ends, the accused shall be acquitted.
§ 20 Rights of accused in criminal prosecutions.Edit
Sec. 20. In every criminal prosecution, the accused shall have the right to a speedy and public trial by an impartial jury, which may consist of less than 12 jurors in prosecutions for misdemeanors punishable by imprisonment for not more than 1 year; to be informed of the nature of the accusation; to be confronted with the witnesses against him or her; to have compulsory process for obtaining witnesses in his or her favor; to have the assistance of counsel for his or her defense; to have an appeal as a matter of right, except as provided by law an appeal by an accused who pleads guilty or nolo contendere shall be by leave of the court; and as provided by law, when the trial court so orders, to have such reasonable assistance as may be necessary to perfect and prosecute an appeal.
§ 21 Imprisonment for debt.Edit
Sec. 21. No person shall be imprisoned for debt arising out of or founded on contract, express or implied, except in cases of fraud or breach of trust.
§ 22 Treason; definition, evidence.Edit
Sec. 22. Treason against the state shall consist only in levying war against it or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless upon the testimony of two witnesses to the same overt act or on confession in open court.
§ 23 Enumeration of rights not to deny others.Edit
Sec. 23. The enumeration in this constitution of certain rights shall not be construed to deny or disparage others retained by the people.
§ 24 Rights of crime victims; enforcement; assessment against convicted defendants.Edit
Sec. 24. (1) Crime victims, as defined by law, shall have the following rights, as provided by law:
The right to be treated with fairness and respect for their dignity and privacy throughout the criminal justice process.
The right to timely disposition of the case following arrest of the accused.
The right to be reasonably protected from the accused throughout the criminal justice process.
The right to notification of court proceedings.
The right to attend trial and all other court proceedings the accused has the right to attend.
The right to confer with the prosecution.
The right to make a statement to the court at sentencing.
The right to restitution.
The right to information about the conviction, sentence, imprisonment, and release of the accused.
(2) The legislature may provide by law for the enforcement of this section.
(3) The legislature may provide for an assessment against convicted defendants to pay for crime victims’ rights.
§ 25 Marriage.Edit
Sec. 25. To secure and preserve the benefits of marriage for our society and for future generations of children, the union of one man and one woman in marriage shall be the only agreement recognized as a marriage or similar union for any purpose.
§ 26 Affirmative action programs.Edit
Sec. 26. (1) The University of Michigan, Michigan State University, Wayne State University, and any other public college or university, community college, or school district shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.
(2) The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.
(3) For the purposes of this section “state” includes, but is not necessarily limited to, the state itself, any city, county, any public college, university, or community college, school district, or other political subdivision or governmental instrumentality of or within the State of Michigan not included in subsection 1.
(4) This section does not prohibit action that must be taken to establish or maintain eligibility for any federal program, if ineligibility would result in a loss of federal funds to the state.
(5) Nothing in this section shall be interpreted as prohibiting bona fide qualifications based on sex that are reasonably necessary to the normal operation of public employment, public education, or public contracting.
(6) The remedies available for violations of this section shall be the same, regardless of the injured party’s race, sex, color, ethnicity, or national origin, as are otherwise available for violations of Michigan anti-discrimination law.
(7) This section shall be self-executing. If any part or parts of this section are found to be in conflict with the United States Constitution or federal law, the section shall be implemented to the maximum extent that the United States Constitution and federal law permit. Any provision held invalid shall be severable from the remaining portions of this section.
(8) This section applies only to action taken after the effective date of this section.
(9) This section does not invalidate any court order or consent decree that is in force as of the effective date of this section.