USA > Oklahoma > A history of Oklahoma > Part 13
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Section 3. 1 Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No per- son shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.
2 The Congress shall have power to declare the pun- ishment of treason. but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attained.
ARTICLE IV
Section 1. Full faith and credit shall be given in each State to the public acts, records, and judicial pro-
*See the 11th Amendment, p. 97.
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ceedings of every other State. And the Congress may by general laws prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof.
Section 2. 1 The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States.
2 A person charged in any State with treason, fel- ony, or other crime, who shall flee from justice, and be found in another State, shall on demand of the execu- tive authority of the State from which he fled, be deliv- ered up to be removed to the State having jurisdiction of the crime.
3 No person held to service or labor in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be dis- charged from such service or labor, but shall be deliv- ered up on claim of the party to whom such service or labor may be due.
Section 3. 1 New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the jurisdiction of any other State; nor any State be formed by the junction of two or more States, or parts of States, without the consent of the legislatures of the States concerned as well as of the Congress.
2 The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular State.
Section 4. The United States shall guarantee to . every State in this Union a republican form of govern- ment, and shall protect each of them against invasion ;
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and on application of the legislature, or of the executive (when the legislature cannot be convened) against do- mestic violence.
ARTICLE V
The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legisla- tures of two thirds of the several States, shall call a con- vention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several States, or by conventions in three fourths thereof, as the one or the other mode of ratifica- tion may be proposed by the Congress; Provided that no amendment which may be made prior to the year .one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no State, without its consent. shall be deprived of its equal suffrage in the Senate.
ARTICLE VI
1 All debts contracted and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitu- tion, as under the Confederation.
2 This Constitution, and the laws of the United States which shall be made in pursuance thereof ; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land : and the judges in every State shall be bound thereby. anything in the Constitution or laws of any State to the contrary notwithstanding.
3 The senators and representatives before men- tioned, and the members of the several State legislatures, and all executive and judicial officers, both of the United
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States, and of the several States, shall be bound by oath or. affirmation to support this Constitution; but no relig- ious test shall ever be required as a qualification to any office or public trust under the United States.
ARTICLE VII
The ratification of the conventions of nine States shall be sufficient for the establishment of this Constitu- tion between the States so ratifying the same.
Done in Convention by the unanimous consent of the States present the seventh day of September in the year of our Lord one thousand seven hundred and eighty-seven, and of the independence of the United States of America the twelfth. In witness whereof we have hereunto subscribed our names,
Go: WASHINGTON -- Presidt. and Deputy from Virginia
New Hampshire John Langdon
Nicholas Gilman
Gunning Bedford Jun
John Dickinson
Richard Bassett
Jaco : Broom
Connecticut Wm. Saml. Johnson Roger Sherman
New York Alexander Hamilton
Delaware Geo: Read
Massachusetts Nathaniel Gorham Rufus King
Maryland James MeHenry Dan of St. Thos Jenifer Danl. Carroll
Virginia John Blair --- James Madison Jr.
14-0. H.
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New Jersey Wil: Livingston David Brearley Wm. Paterson Jona : Dayton Pennsylvania B. Franklin
Thomas Mifflin
Robt. Morris
Geo. Clymer Thos. Fitzsimons
Jared Ingersoll
James Wilson
Gouv Morris
North Carolina Wm. Blount Richd. Dobbs Spaight Hu Williamson
South Carolina
J. Rutledge,
Charles Cotesworth Pinckney Charles Pinckney Pierce Butler.
Georgia William Few Abr Baldwin
Attest
WILLIAM JACKSON Secretary.
Articles in addition to, and amendment of, the Constitution of the United States of America, proposed by Con- gress, and ratified by the legislatures of the several States pursuant to the fifth article of the original Constitution.
ARTICLE I*
Congress shall make no law respecting an establish- ment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to peti- tion the government for a redress of grievances.
ARTICLE II
A well regulated militia, being necessary to the se- curity of a free State, the right of the people to keep and bear arms, shall not be infringed.
* The first ten Amendments were adopted in 1791.
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ARTICLE III
No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
ARTICLE IV
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 warrants shall issue, but upon probable cause, supported by oath or af- firmation, and particularly describing the place to be searched, and the persons or things to be seized.
ARTICLE V
. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or in- dietment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be de- prived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.
ARTICLE VI.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previ- ously ascertained by law, and to be informed of the na- ture and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the as- sistance of counsel for his defense.
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ARTICLE VII
In suits at common law, where the value in contro- versy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
ARTICLE VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments in- flicted.
ARTICLE IX
The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others re- tained by the people.
ARTICLE X.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are re- served to the States respectively, or to the people.
ARTICLE XIX
The judicial power of the United States shall not be construed to extend to any suit in law or equity, com- menced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign State.
ARTICLE XII **
The electors shall meet in their respective States and vote by ballot for President and Vice President, one of whom, at least, shall not be an inhabitant of the same
* Adopted in 1798. ** Adopted in 1804.
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State with themselves; they shall name in their ballots the person voted for as President, and in distinct bal- lots the person voted for as Vice President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the president of the Senate ;- The president of the Senate shall, in the presence of the Senate and House of Repre- sentatives, open all the certificates and the votes shall then be counted ;- The person having the greatest number of votes for President shall be the President, if such num- ber be a majority of the whole number of electors ap- pointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a, member or members from two thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice President shall act as President, as in the case of the death or other constitutional disa- bility of the President. The person having the greatest number of votes as Vice President shall be the Vice Presi- dent, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice President ; a quorum for the pur- pose shall consist of two thirds of the whole number of
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senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally in- eligible to the office of President shall be eligible to that of Vice President of the United States.
ARTICLE XIII*
Section 1. Neither slavery nor involuntary servi- tude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Section 2. Congress shall have power to enforce this article by appropriate legislation.
ARTICLE XIX **
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof. are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any per- son of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for Presi- dent and Vice President of the United States, representa- tives in Congress, the executive and judicial officers of a State, or the members of the legislature thereof. is denied to any of the male inhabitants of such State. being twenty-one years of age, and citizens of the United States.
*Adopted in 1865. ** Adopted in 1408.
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or in any way abridged, except for participation in re- bellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
Section 3. No person shall be a senator or representa- tive in Congress, or elector of President and Vice Presi- dent, or hold any office, eivil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to sup- port the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Con- gress may by a vote of two thirds of cach house, remove such disability.
Section 4. The validity of the public debt of the United States, authorized by law, including debts in- curred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be ques- tioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Section 5. The Congress shall have power to en- force. by appropriate legislation, the provisions of this article.
ARTICLE XV*
Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United
* Adopted in 1870.
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States or by any State on account of race, color, or previ- ous condition of servitude.
Section 2. The Congress shall have power to en- force this article by appropriate legislation.
ARTICLE XVI*
The Congress shall have power to lay and collect taxes on incomes; from whatever source derived, without ap- portionment among the several states, and without regard to any census enumeration.
ARTICLE XVII **
The Senate of the United States shall be composed of two senators from each State, elected by the people thereof, for six years; and each senator shall have one vote. The electors in each State shall have the qualifica- tions requisite for electors of the most numerous branch of the State legislature.
When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies : Provided, That the legislature of any State may empower the execu- tive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
This amendment shall not be so construed as to affect the election or term of any senator chosen before it be- comes valid as part of the Constitution.
* The sixteenth amendment was proposed by Congress on July 12, 1909. On February 25, 1913, Secretary of State Knox certified that it had become a part of the Constitution.
** The seventeenth amendment was proposed by Congress May 13, 1912. On May 31, 1913, Secretary of State Bryan certified that it had been ratified by two-thirds of all the states and was therefore a part of the Constitution.
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APPENDIX B.
RIGHTS OF INDIVIDUALS
There are certain rights which the group secures to each loyal individual. In the family the parents protect the children in their rights; in the school the teacher sees to it that the rights of cach pupil are respected. In the state and in the nation certain rights are considered of such importance that they are defined in the funda- mental law-the Constitution. These rights were not included in the national Constitution but added as the first ten amendments (see Appendix A.) immediately after the Constitution was ratified by the states.
In Oklahoma the most important rights of individu- als are defined in Article II of the constitution.
OKLAHOMA BILL OF RIGHTS
(Article II, Oklahoma constitution)
Section 1 .- All Political Power Inherent in People. -All political power is inherent in the people; and gov- ernment is instituted for their protection, security, and benefit, and to promote their general welfare; and they have the right to alter or reform the same whenever the publie good may require it: Provided, such change be not repugnant to the Constitution of the United States.
Sec. 2 .- Right to Life, Liberty, etc .- All persons have the inherent right to life, liberty, the pursuit of happiness, and the enjoyment of the gains of their own industry.
Sec. 3 .- Right of People to Peaceably Assemble. --- The people have the right peaceably to assemble for their own good, and to apply to those invested with the powers of government for redress of grievances by petition, ad- dress, or remonstrance.
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Sec. 4 .- Restriction of Civil and Military Power .- No power, civil or military, shall ever interfere to pre- vent the free exercise of the right of suffrage by those entitled to such right.
Sec. 5 .- Public Money; Cannot Be Appropriated for Any Church, etc .- No public money or property shall ever be appropriated, applied, donated, or used, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, or system of religion, or for the use, benefit, or support of any priest, preacher, minister, or other religious teacher or dignitary, or sectarian in- stitution as such.
Sec 6 .- Courts of Justice Open; Speedy Remedy .-- The courts of justice of the state shall be open to every person, and speedy and certain remedy afforded for every wrong and for every injury to person, property, or repu- tation; and right and justice shall be administered with- out sale, denial, delay, or prejudice.
Sec. 7 .- Due Process of Law .- No person shall be de- prived of life, liberty, or property, without due process of law.
Sec. S .- All Offenses Bailable Except Capital .- All persons shall be bailable by sufficient sureties, except for capital offenses when the proof of guilt is evident, or the presumption thereof is great.
Sec. 9 .-- Excessive Bail .-- Excessive bail shall not be required, nor excessive fines imposed, nor eruel or unusual punishments inflicted.
See. 10 .- Writ of Habeas Corpus .- The privilege of the writ of habeas corpus shall never be suspended by the authorities of this state.
Sec. 11 .- Officers; Personal Attention to Duties .--- Every person elected or appointed to any office or em- ployment of trust or profit under the laws of the state,
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or under any ordinance of any municipality thereof, shall give personal attention to the duties of the office to which he is elected or appointed.
Sec. 12 .- Restriction on Right to Hold Office .- No member of congress from this state, or person holding any office of trust or profit under the laws of any other state, or of the United States, shall hold any office of trust or profit under the laws of this state.
Sec. 13 .- Imprisonment for . Debt Prohibited .- In- prisonment for debt is prohibited, except for the non- payment of fines and penalties imposed for the violation of the law.
Sec. 14 .- Military Subordinate to Civil Authority .- The military shall be held in strict subordination to the civil authorities. No soldier shall be quartered in any house, in time of peace, without the consent of the owner, nor in time of war, except in a manner to be prescribed by law.
Sec. 15 .- Ex Post Facto Laws; Contracts .- No bill of attainder, ex post facto law, nor any law impairing the obligation of contracts, shall ever be passed. No convic- tion shall work a corruption of blood or forfeiture of estate: Provided, that this provision shall not prohibit the imposition of pecuniary penalties.
Sec. 16 .- Treason .- 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 on the testimony of two witnesses to the same overt aet, or on confession in open court.
See. 17 .- Indictment; Information; Examining Trial. -No person shall be prosecuted criminally in courts of record for felony or misdemeanor otherwise than by
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presentment or indictment or by information. No per- son shall be prosecuted for a felony by information with- out having had a preliminary examination before an examining magistrate, or having waived such preliminary examination. Prosecutions may be instituted in courts not of record upon a duly verified complaint.
Sec. 18 .-- Grand Jury .- A grand jury shall be com- posed of twelve men, any nine of whom concurring may find an indictment or true bill. A grand jury shall be convened upon the order of a judge of a court having the power to try and determine felonies, upon his own motion ; or such grand jury shall be ordered by such judge . upon the filing of a petition therefor signed by one hun- dred taxpayers of the county; when so assembled such grand jury shall have power to investigate and return indictments for all character and grades of crime, and such other powers as the legislature may prescribe : Provided, that the legislature may make the calling of a grand jury compulsory.
Sec. 19 .-- Petit Jury; Trial .--- The right of trial by jury shall be and remain inviolate, and a jury for the trial of civil and criminal cases in courts of record, other than county courts, shall consist of twelve men; but, in county courts and courts not of record, a jury shall con- sist of six men. This section shall not be so construed as to prevent limitations being fixed by law upon the right of appeal from judgments of courts not of record, in civil cases concerning causes of action involving less than twenty dollars. In civil cases, and in criminal cases less than felonies, three-fourths of the whole number of jurors concurring shall have power to render a verdiet. In all other cases the entire number of jurors must concur to render a verdict. In case a verdiet is rendered by less than the whole number of jurors, the verdict shall be in writing and signed by each juror concurring therein.
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Sec. 20 .- Criminal Prosecutions; Change of Venue; To Be Confronted With Witnesses .- In all criminal prose- cutions the accused shall have the right to a speedy and public trial by an impartial jury of the county in which the crime shall have been committed: Provided, that the venue may be changed to some other county of the state, on the application of the accused, in such manner as may be prescribed by law. He shall be informed of the nature and cause of the accusation against him and have a copy thereof, and be confronted with the wit- nesses against him, and have compulsory process for obtaining witnesses in his behalf. He shall have the right to be heard by himself and counsel; and in capital cases, at least two days before the case is called for trial, he shall be furnished with a list of the witnesses that will be called in chief, to prove the allegations of the indict- ment or information, together with their post-office ad- dresses.
Sec. 21 .- Evidence Against Oneself; Jeopardy .- No person shall be compelled to give evidence which will tend to incriminate him, except as in this constitution specifically provided; nor shall any person, after having been once acquitted by a jury. be again put in jeopardy of life or liberty for that of which he has been acquitted. Nor shall any person be twice put in jeopardy of life or liberty for the same offense.
Sec. 22 .- Right of Free Speech; Libel .- Every per- son may freely speak, write, or publish his sentiments on all subjects, being responsible for the abuse of that right : and no law shall be passed to restrain or abridge the lib- erty of speech or of the press. In all criminal prosecu- 2 tions for libel, the truth of the matter alleged to be libel- ous may be given in evidence to the jury, and if it shall appear to the jury that the matter charged as libelous be
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