to Almighty God for life and liberty, we, the people of Utah, in order
to secure and perpetuate the principles of free government, do ordain
and establish this CONSTITUTION.
1. [Inherent and inalienable rights.] All men have the inherent and
inalienable right to enjoy and defend their lives and liberties; to
acquire, possess and protect property; to worship according to the dictates
of their consciences; to assemble peaceably, protest against wrongs,
and petition for redress of grievances; to communicate freely their
thoughts and opinions, being responsible for the abuse of that right.
2. [All political power inherent in the people.] All political power
is inherent in the people; and all free governments are founded on their
authority for their equal protection and benefit, and they have the
right to alter or reform their government as the public welfare may
3. [Utah inseparable from the Union.] The State of Utah is an inseparable
part of the Federal Union and the Constitution of the United States
is the supreme law of the land.
4. [Religious liberty.] The rights of conscience shall never be infringed.
The State shall make no law respecting an establishment of religion
or prohibiting the free exercise thereof; no religious test shall be
required as a qualification for any office of public trust or for any
vote at any election; nor shall any person be incompetent as a witness
or juror on account of religious belief or the absence thereof. There
shall be no union of Church and State, nor shall any church dominate
the State or interfere with its functions. No public money or property
shall be appropriated for or applied to any religious worship, exercise
or instruction, or for the support of any ecclesiastical establishment.
No property qualification shall be required of any person to vote, or
hold office, except as provided in this Constitution.
5. [Habeas corpus.] The privilege of the writ of habeas corpus shall
not be suspended, unless, in case of rebellion or invasion, the public
safety requires it.
6. [Right to bear arms.] The people have the right to bear arms for
their security and defense, but the Legislature may regulate the exercise
of this right by law.
7. [Due process of law.] No person shall be deprived of life, liberty
or property, without due process of law.
8. [Offenses bailable.] All prisoners shall be bailable by sufficient
sureties, except for capital offenses when the proof is evident or the
9. [Excessive bail and fines. Cruel punishments.] Excessive bail shall
not be required; excessive fines shall not be imposed; nor shall cruel
and unusual punishments be inflicted. Persons arrested or imprisoned
shall not be treated with unnecessary rigor.
10. [Trial by jury.] In capital cases the right of trial by jury shall
remain inviolate. In courts of general jurisdiction, except in capital
cases, a jury shall consist of eight jurors. In courts of inferior jurisdiction
a jury shall consist of four jurors. In criminal cases the verdict shall
be unanimous. In civil cases three-fourths of the jurors may find a
verdict. A jury in civil cases shall be waived unless demanded.
11. [Courts open. Redress of injuries.] All courts shall be open, and
every person, for an injury done to him in his person, property or reputation,
shall have remedy by due course of law, which shall be administered
without denial or unnecessary delay; and no person shall be barred from
prosecuting or defending before any tribunal in this State, by himself
or counsel, any civil cause to which he is a party.
12. [Rights of accused persons.] In criminal prosecutions the accused
shall have the right to appear and defend in person and by counsel,
to demand the nature and cause of the accusation against him, to have
a copy thereof, to testify in his own behalf, to be confronted by the
witnesses against him, to have compulsory process to compel the attendance
of witnesses in his own behalf, to have a speedy public trial by an
impartial jury of the county or district in which the offense is alleged
to have been committed, and the right to appeal in all cases. In no
instance shall any accused person, before final judgment, be compelled
to advance money or fees to secure the rights herein guaranteed. The
accused shall not be compelled to give evidence against himself; a wife
shall not be compelled to testify against her husband, nor a husband
against his wife, nor shall any person be twice put in jeopardy for
the same offense.
13. [Prosecution by information or indictment. Grand jury.] Offenses
heretofore required to be prosecuted by indictment, shall be prosecuted
by information after examination and commitment by a magistrate, unless
the examination be waived by the accused with the consent of the State,
or by indictment, with or without such examination and commitment. The
grand jury shall consist of seven persons, five of whom must concur
to find an indictment; but no grand jury shall be drawn or summoned
unless in the opinion of the judge of the district, public interest
14. [Unreasonable searches forbidden. Issuance of warrant.] 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, particularly describing the place to be searched, and the
person or thing to be seized.
15. [Freedom of speech and of the press. Libel.] No law shall be passed
to abridge or restrain the freedom of speech or of the press. In all
criminal prosecutions for libel the truth may be given in evidence to
the jury; and if it shall appear to the jury that the matter charged
as libelous is true, and was published with good motives, and for justifiable
ends, the party shall be acquitted; and the jury shall have the right
to determine the law and the fact.
16. [No imprisonment for debt. Exception.] There shall be no imprisonment
for debt except in cases of absconding debtors.
17. [Elections to be free. Soldiers voting.] All elections shall be
free, and no power, civil or military, shall at any time interfere to
prevent the free exercise of the right of suffrage. Soldiers, in time
of war, may vote at their post of duty, in or out of the State, under
regulations to be prescribed by law.
18. [Attainder. Ex post facto laws. Impairing contracts.] No bill of
attainder, ex post facto law, or law impairing the obligation of contracts
shall be passed.
19. [Treason defined. Proof.] Treason against the State shall consist
only in levying war against it, or in adhering to its enemies or in
giving them aid and comfort. No person shall be convicted of treason
unless on the testimony of two witnesses to the same overt act.
20. [Military subordinate to the civil power.] The military shall be
in strict subordination to the civil power, and no soldier in time of
peace, shall be quartered in any house without the consent of the owner;
nor in time of war except in a manner to be prescribed by law.
21. [Slavery forbidden.] Neither slavery nor involuntary servitude,
except as a punishment for crime, whereof the party shall have been
duly convicted, shall exist within this State.
22. [Private property for public use.] Private property shall not be
taken or damaged for public use without just compensation.
23. [Irrevocable franchises forbidden.] No law shall be passed granting
irrevocably any franchise, privilege or immunity.
24. [Uniform operation of laws.] All laws of a general nature shall
have uniform operation.
25. [Rights retained by people.] This enumeration of rights shall not
be construed to impair or deny others retained by the people.
26. [Provisions mandatory and prohibitory.] The provisions of this Constitution
are mandatory and prohibitory, unless by express words they are declared
to be otherwise.
27. [Fundamental rights.] Frequent recurrence to fundamental principles
is essential to the security of individual rights and the perpetuity
of free government.