Article I | The National Constitution Center

 

article 1 section 1 of the constitution

Article 1 of the Constitution Learn with flashcards, games, and more — for free. Search. Create. Log in Sign up. Log in Sign up. 11 terms. Brooke_Todd. Article 1 Sections Article 1 of the Constitution. STUDY. PLAY. -Ordains and establishes the US as a nation. Section 1. The Legislature-Makes the laws-Consists of a Senate & The House. The death penalty provided for under those statutes shall not be deemed to be, or to constitute, the infliction of cruel or unusual punishments within the meaning of Article 1, Section 6 nor shall such punishment for such offenses be deemed to contravene any other provision of this constitution. (Sec. 27 added Nov. 7, , by Prop. Article 1 Section 1 of the United States Constitution. Article 1 - The Legislative Branch Section 1 - The Legislature >. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.


Article I | U.S. Constitution | US Law | LII / Legal Information Institute


All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy. Resolution Chapter 90, A law may not restrain or abridge liberty of speech or press. Nor shall a radio or television news reporter or other person connected with or employed by a radio or television station, or any person who has been so connected or employed, be so adjudged in contempt for refusing to disclose the source of any information procured while so connected or employed for news or news commentary purposes on radio or television, or for refusing to disclose any unpublished information obtained or prepared in gathering, receiving or processing of information for communication to the public.

A statute, court rule, or other authority adopted after the effective date of this subdivision that limits the right of access shall be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. Brown Act Chapter 9 commencing with Section of Part 1 of Division 2 of Title 5 of the Government Codearticle 1 section 1 of the constitution, and with any subsequent statutory enactment amending either act, enacting a successor act, or amending any successor act that contains findings demonstrating that the statutory enactment furthers the purposes of this section.

Free exercise and enjoyment of religion without discrimination or preference are guaranteed. This liberty of conscience does not excuse acts that are licentious or inconsistent with the peace or safety of the State. The Legislature shall make no law respecting an establishment of religion. A person is not incompetent to be a witness or juror because of his or her opinions on religious beliefs.

The military is subordinate to civil power. A standing army may not be maintained in peacetime. Slavery is prohibited. Involuntary servitude is prohibited except to punish crime. In enforcing this subdivision or any other provision of this Constitution, no court of this State may impose upon the State of California or any public entity, board, or official any obligation or responsibility with respect to the use of pupil school assignment or pupil transportation, 1 except to remedy a specific violation by such party that would also constitute a violation of the Equal Protection Clause of the 14th Amendment to the United States Constitution, and 2 unless a federal court would be permitted under federal decisional law to impose that obligation or responsibility upon such party to remedy the specific violation of the Equal Protection Clause of the 14th Amendment of the United States Constitution.

Except as may be precluded by the Constitution of the United States, every existing judgment, decree, writ, or other order of a court of this State, whenever rendered, which includes provisions regarding pupil school assignment or pupil transportation, or which requires a plan including any such provisions shall, upon application to a court having jurisdiction by any interested person, be modified article 1 section 1 of the constitution conform to the provisions of this subdivision as amended, as applied to the facts which exist at the time of such modification.

In all actions or proceedings arising article 1 section 1 of the constitution or seeking application of the amendments to this subdivision proposed by the Legislature at its —80 Regular Session, all courts, wherein such actions or proceedings are or may hereafter be pending, shall give such actions or proceedings first precedence over all other civil actions therein. Nothing herein shall prohibit the governing board of a school district from voluntarily continuing or commencing a school integration plan after the effective date of this subdivision as amended.

In amending this subdivision, the Legislature and people of the State of California find and declare that this amendment is necessary to serve compelling public interests, including those of making the most effective use of the limited financial resources now and prospectively available to support public education, maximizing the educational opportunities and protecting the health and safety of all public school pupils, enhancing the ability of parents to participate in the educational process, preserving harmony and tranquility in this State and its public schools, preventing the waste of scarce fuel resources, and protecting the environment.

Privileges or immunities granted by the Legislature may be altered or revoked. Subdivision a amended Nov. Other Source: Entire Sec. Only marriage between a man and a woman is valid or recognized in California.

Initiative measure. Note: Ruled unconstitutional per Perry v. Schwarzenegger N. A person may not be disqualified from entering or pursuing a business, profession, vocation, or employment because of sex, race, creed, color, or national or ethnic origin. A bill of attainder, ex post facto law, or law impairing the obligation of contracts may not be passed.

Witnesses may not be unreasonably detained. A person may not be imprisoned in a civil action for debt or tort, or in peacetime for a militia fine. Habeas corpus may not be suspended unless required by public safety in cases of rebellion or invasion. A person shall be released on bail by sufficient sureties, except for:, article 1 section 1 of the constitution. Excessive bail may not be required. In fixing the amount of bail, article 1 section 1 of the constitution, the court shall take into consideration the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at the trial or hearing of the case.

The right of the people to be secure in their persons, houses, papers, and effects against unreasonable seizures and searches may not be violated; article 1 section 1 of the constitution a warrant may not issue except on probable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons and things to be seized. Felonies shall be prosecuted as provided by law, either by indictment or, after examination and commitment by a magistrate, by information.

A person charged with a felony by complaint article 1 section 1 of the constitution under penalty of perjury and on file in a court in the county where the felony is triable shall be taken without unnecessary delay before a magistrate of that court. A person unable to understand English who is charged with a crime has a right to an interpreter throughout the proceedings. If a felony is prosecuted by indictment, there shall be no postindictment preliminary hearing.

Persons may not twice be put in jeopardy for the same offense, be compelled in a criminal cause to be a witness against themselves, or be deprived of life, liberty, or property without due process of law. Trial by jury is an inviolate right and shall be secured to all, but in a civil cause three-fourths of the jury may render a verdict. In a civil cause a jury may be waived by the consent of the parties expressed as prescribed by statute. In civil causes the jury shall consist of 12 persons or a lesser number agreed on by the parties in open court.

In civil causes other than causes within the appellate jurisdiction of the court of appeal the Legislature may provide that the jury shall consist of eight persons or a lesser number agreed on by the parties in open court. In criminal actions in which a felony is charged, the jury shall consist of 12 persons. In criminal actions in which a misdemeanor is charged, the jury shall consist of 12 persons or a lesser number agreed on by the parties in open court.

Cruel or unusual punishment may not be inflicted or excessive fines imposed. Treason against the State consists only in levying war against it, adhering to its enemies, or giving them aid and comfort.

A person may not be convicted of treason except on the evidence of two witnesses to the same overt act or by confession article 1 section 1 of the constitution open court. The Legislature may provide for possession by the condemnor following commencement of eminent domain proceedings upon deposit in court and prompt release to the owner of money determined by the court to be the probable amount of just compensation.

Owner-occupied residence also includes a residential dwelling unit attached to or detached from such a single-family residence which provides complete independent living facilities for one or more persons.

Noncitizens have the same property rights as citizens. Property owned before marriage or acquired during marriage by gift, will, article 1 section 1 of the constitution, or inheritance is separate property.

The right to vote or hold office may not be conditioned by a property qualification. One or more grand juries shall be drawn and summoned at least once a year in each county. Rights guaranteed by this Constitution are not dependent on those guaranteed by the United States Constitution.

In criminal cases the rights of a defendant to equal protection of the laws, to due process of law, to the assistance of counsel, to be personally present with counsel, to a speedy and public trial, to compel the attendance of witnesses, to confront the witnesses against him or her, to be free from unreasonable searches and seizures, to privacy, to not be compelled to be a witness against himself or herself, to not be placed twice in jeopardy for the same offense, and to not suffer the imposition of cruel or unusual punishment, shall be construed by the courts of this State in a manner consistent with the Constitution of the United States.

This Constitution shall not be construed by the courts to afford greater rights to criminal defendants than those afforded by the Constitution of the United States, nor shall it be construed to afford greater rights to minors in juvenile proceedings on criminal causes than those afforded by the Constitution of the United States. This declaration of rights may not be construed to impair or deny others retained by the people, article 1 section 1 of the constitution.

Section The people shall have the right to fish upon and from the public lands of the State and in the waters thereof, excepting upon lands set aside for fish hatcheries, and no land owned by the State shall ever be sold or transferred without reserving in the people the absolute right to fish thereupon; and no law shall ever be passed making it a crime for the people to enter upon the public lands within this State for the purpose of fishing in any water containing fish that have been planted therein by the State; provided, that the legislature may by statute, provide for the season when and the conditions under which the different species of fish may be taken.

The provisions of this Constitution are mandatory and prohibitory, unless by express words they are declared to be otherwise.

All statutes of this State in effect on February 17,requiring, authorizing, imposing, or relating to the death penalty are in full force and effect, subject to legislative amendment or repeal by statute, initiative, or referendum. The death penalty provided for under those statutes shall not be deemed to be, or to constitute, the infliction of cruel or unusual punishments within article 1 section 1 of the constitution meaning of Article 1, Section 6 nor shall such punishment for such offenses be deemed to contravene any other provision of this constitution.

The rights of victims of crime and their families in criminal prosecutions are a subject of grave statewide concern. The enactment of comprehensive provisions and laws ensuring a bill of rights for victims of crime, including safeguards in the criminal justice system fully protecting those rights and ensuring that crime victims are treated with respect and dignity, is a matter of high public importance. These rights include personally article 1 section 1 of the constitution and enforceable rights described in paragraphs 1 through 17 of subdivision b.

These rights encompass the expectation shared with all of the people of California that persons who commit felonious acts causing injury to innocent victims will be appropriately and thoroughly investigated, appropriately detained in custody, brought before the courts of California even if arrested outside the State, tried by the courts in a timely manner, sentenced, and sufficiently punished so that the public safety is protected and encouraged as a goal of highest importance.

This right includes the right to expect that the punitive and deterrent effect of custodial sentences imposed by the courts will not be undercut or diminished by the granting of rights and privileges to prisoners that are not required by any provision of the United States Constitution or by the laws of this State to be granted to any person incarcerated in a penal or other custodial facility in this State as a punishment or correction for the commission of a crime. Lengthy appeals and other post-judgment proceedings that challenge criminal convictions, frequent and difficult parole hearings that threaten to release criminal offenders, and the ongoing threat that the sentences of criminal wrongdoers will be reduced, prolong the suffering of crime victims for many years after the crimes themselves have been perpetrated.

This prolonged suffering of crime victims and their families must come to an end. The court shall act promptly on such a request, article 1 section 1 of the constitution. The court in its discretion may extend the right to be heard at sentencing to any person harmed by the defendant.

The parole authority shall extend the right to be heard at a parole hearing to any person harmed by the offender. These collectively held rights include, but are not limited to, the following:.

All students and staff of public primary, elementary, junior high, and senior high schools, and community colleges, colleges, and universities have the inalienable right to attend campuses which are safe, article 1 section 1 of the constitution, secure and peaceful.

Nothing in this section shall affect any existing statutory rule of evidence relating to privilege or hearsay, or Evidence Code Sectionsor Nothing in this section shall affect any existing statutory or constitutional right of the press. A person may be released on bail by sufficient sureties, except for capital crimes when the facts are evident or the presumption great. In setting, reducing or denying bail, the judge or magistrate shall take into consideration the protection of the public, the safety of the victim, the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at the trial or hearing of the case.

Public safety and the safety of the victim shall be the primary considerations. Before any person arrested for a serious felony may be released on bail, a hearing may be held before the magistrate or judge, and the prosecuting attorney and the victim shall be given notice and reasonable opportunity to be heard on the matter. Any prior felony conviction of any person in any criminal proceeding, whether adult or juvenile, shall subsequently be used without limitation for purposes of impeachment or enhancement of sentence in any criminal proceeding.

When a prior felony conviction is an element of any felony offense, it shall be proven to the trier of fact in open court. The legislative branch shall ensure sufficient funding to adequately house inmates for the full terms of their sentences, except for statutorily authorized credits which reduce those sentences.

The current process for parole hearings is excessive, especially in cases in which the defendant has been convicted of murder. The parole hearing process must be reformed for the benefit of crime victims. In a criminal case, the people of the State of California have the right to due process of law and to a speedy and public trial.

If any part or parts of this section are found to be in conflict with federal law or the United States Constitution, the section shall be implemented to the maximum extent that federal law article 1 section 1 of the constitution the United States Constitution permit. Any provision held invalid shall be severable from the remaining portions of this section.

 

Article One of the United States Constitution - Wikipedia

 

article 1 section 1 of the constitution

 

Section 1 of Article 1 is known as the vesting clause. This clause gives Congress of the government’s power to make laws. There are similar vesting clauses in article two and article three, which give powers to the other branches of the government. Article 1 Section 3 of the United States Constitution. Article 1 - The Legislative Branch Section 3 - The Senate >. The Senate of the United States shall be composed of two Senators from each State, (chosen by the Legislature thereof,) (The preceding words in parentheses superseded by the 17th Amendment, section 1.) for six Years; and each Senator shall have. Article 1, Section 2 of the United States Constitution: The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.