Arkansas Declaration of Rights
Article II.
Declaration of Rights.
Section 1. All political power is inherent in the people, and government is instituted for their protection, security and benefit; and they have the right to alter, reform or abolish the same in such manner as they may think proper.
Sec. 2. All men are created equally free and independent, and have certain inherent and inalienable rights, amongst which are those of enjoying and defending life and liberty; of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness. To secure these rights governments are instituted among men, deriving their just powers from the consent of the governed.
Sec. 3. The equality of all persons before the law is recognized, and shall ever remain inviolate; nor shall any citizen ever be deprived of any right, privilege or immunity, nor exempted from any burden or duty, on account of race, color or previous condition. . . .
Sec. 8. No person shall be held to answer a criminal charge unless on the presentment or indictment of a grand jury, except in cases of impeachment or cases such as the general assembly shall make cognizable by justices of the peace, and courts of similar jurisdiction; or cases arising in the army and navy of the United States; or in the militia when in actual service in time of war or public danger; and no person, for the same offense, shall be twice put in jeopardy of life or liberty; but if, in any criminal prosecution, the jury be divided in opinion, the court before which the trial shall be had may, in its discretion, discharge the jury, and commit or bail the accused for trial at the same or the next term of said court; nor shall any person 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. All persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the presumption great. . . .
Sec. 20. No distinction shall ever be made by law between resident aliens and citizens in regard to the possession, enjoyment or descent of property. . . .
Sec. 22. The right of property is before and higher than any constitutional sanction; and private property shall not be taken, appropriated or damaged for public use, without just compensation therefor. . . .
Sec. 29. This enumeration of rights shall not be construed to deny or disparage others retained by the people; and to guard against any encroachments on the rights herein retained, or any transgression of any of the higher powers herein delegated, we declare that everything in this article is excepted out of the general powers of the government, and shall forever remain inviolate; and that all laws contrary thereto, or to the other provisions herein contained, shall be void.
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This module examines the history of anti-Asian/Japanese alien land laws in the 1920s United States, focusing on one lawsuit by Chinese immigrant Lum Jung Luke that brought down Arkansas' Alien Land Act. |
- Title
- Arkansas Declaration of Rights
- Description
- This excerpt from the Declaration of Rights in the 1874 (and current) Arkansas State Constitution contains the language prohibiting the distinction between resident aliens and citizens in regard to property.
- Excerpted
- Yes
- Date
- 1874-09-07
- Document Type
- Constitution
- Document Category
- Primary Source
- Bluebook Citation
- Ark. Const. art II (1874)
- Bibliographic Citation
- W. W. Mansfield. A Digest of the Statutes of Arkansas Embracing All Laws of a General and Permanent Character in force at the close of the Session of the General Assembly of One Thousand Eight Hundred and Eighty-three. Little Rock: Mitchell & Bettis, Steam Book and Job Printers, 1884.
- Contributor
- Jerry Chen
- Title
- Arkansas Declaration of Rights
- Description
- This excerpt from the Declaration of Rights in the 1874 (and current) Arkansas State Constitution contains the language prohibiting the distinction between resident aliens and citizens in regard to property.
- Excerpted
- Yes
- Date
- 1874-09-07
- Document Type
- Constitution
- Document Category
- Primary Source
- Bluebook Citation
- Ark. Const. art II (1874)
- Bibliographic Citation
- W. W. Mansfield. A Digest of the Statutes of Arkansas Embracing All Laws of a General and Permanent Character in force at the close of the Session of the General Assembly of One Thousand Eight Hundred and Eighty-three. Little Rock: Mitchell & Bettis, Steam Book and Job Printers, 1884.
- Contributor
- Jerry Chen