Frequently Asked Questions about California Constitution Article I

How many sections does Article 1 have? This article contains thirty-two sections.

What does Article 1 relate to? It relates to the declaration of rights.

Are certain individual rights protected by the state Constitution? Section 1 states that all people are by nature free and independent and have inalienable rights and among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.

Is there a right to free speech? Section 2 provides that every person may freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of this right. Also, a law may not restrain or abridge liberty of speech or press.

Is there a right of assembly and petition? Section 3 specifies that the people have the right to instruct their representatives, petition government for redress of grievances, and assemble freely to consult for the common good.

What is the right to access government information? Section 3 provides that the people have the right of access to information concerning the conduct of the people’s business and, therefore, the meetings of public bodies and the writings of public officials and agencies are open to public scrutiny.

Is there a right to religion? Section 4 provides that the free exercise and enjoyment of religion without discrimination or preference are guaranteed and that the Legislature must not make any law respecting an establishment of religion.

What is the role of the military? Section 5 requires that the military be subordinate to civil power. Also, a standing army may not be maintained in peacetime and soldiers may not be quartered in any house in wartime or in peacetime without the owner’s consent.

Is slavery permitted in this state? Section 6 specifies that slavery is prohibited and involuntary servitude is prohibited, except to punish crime.

Are there due process rights in California? Section 7 provides that a person may not be deprived of life, liberty, or property without due process of law or denied equal protection of the laws.

What protections are available against discrimination? Section 8 prohibits a person from being disqualified from entering or pursuing a business, profession, vocation, or employment because of sex, race, creed, color, or national or ethnic origin.

What types of laws are prohibited? Section 9 provides that a bill of attainder, ex post facto law, or law impairing the obligation of contracts may not be passed.

How are witnesses treated? Section 10 specifies that witnesses may not be unreasonably detained.

Are there limits on imprisonment? Section 10 provides a person may not be imprisoned in a civil action for debt or tort, or in peacetime for a militia fine.

Is habeas corpus protected? Section 11 provides that habeas corpus may not be suspended unless required by public safety in cases of rebellion or invasion.

When does a person have to be released on bail in this state? Section 12 provides that a person must  be released on bail by sufficient sureties, except for: (a) Capital crimes when the facts are evident or the presumption great; (b) Felony offenses involving acts of violence on another person,; or (c) Felony offenses when the facts are evident or the presumption great and the court finds based on clear and convincing evidence that the person has threatened another with great bodily harm and that there is a substantial likelihood that the person would carry out the threat if released. In addition, excessive bail may not be required.

Are searches and seizures allowed in this state? Section 13 provides that the right of the people to be secure in their persons, houses, papers, and effects against unreasonable seizures and searches may not be violated; and a warrant may not issue except on probable cause.

How are felony crimes prosecuted? Section 14 requires that felonies be prosecuted as provided by law, either by indictment or, after examination and commitment by a magistrate, by information.

What is a limitation on felonies by indictment? Section 14.1 specifies that, if a felony is prosecuted by indictment, there cannot be a post indictment preliminary hearing.

What rights do criminal defendants have? Section 15 provides that the defendant in a criminal cause has the right to a speedy public trial, to compel attendance of witnesses in the defendant’s behalf, to have the assistance of counsel for the defendant’s defense, to be personally present with counsel, and to be confronted with the witnesses against the defendant. This section also provides that 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.

What is the right to a jury trial? Section 16 states that trial by jury is an inviolate right and is to be secured to all, but in a civil cause three-fourths of the jury may render a verdict. A jury may be waived in a criminal cause by the consent of both parties expressed in open court by the defendant and the defendant’s counsel. In a civil cause, a jury may be waived by the consent of the parties expressed as prescribed by statute.

What is required in a civil jury? Section 16 provides that, in civil cases, the jury must consist of 12 persons or a lesser number agreed on by the parties in open court. In certain civil causes, the Legislature may provide that the jury consist of eight persons or a lesser number agreed on by the parties in open court.

What is required in a criminal jury? Section 16 states that, in criminal actions in which a felony is charged, the jury must consist of 12 persons. In criminal actions in which a misdemeanor is charged, the jury must consist of 12 persons or a lesser number agreed on by the parties in open court.

Is there a limit on certain types of punishment? Section 17 states that cruel or unusual punishment may not be inflicted or excessive fines imposed.

What happens in cases of treason? Section 18 provides that 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 in open court.

What happens if private property is taken? Section 19 provides that private property may be taken or damaged for a public use and only when just compensation, ascertained by a jury unless waived, has first been paid to, or into court for, the owner.

Is there a limit on eminent domain? Section 19 states that the State and local governments are prohibited from acquiring by eminent domain an owner-occupied residence for the purpose of conveying it to a private person.

What rights do noncitizens have to property? Section 20 states that noncitizens have the same property rights as citizens.

What happens to property before and after marriage? Section 21 specifies that property owned before marriage or acquired during marriage by gift, will, or inheritance is separate property.

Can certain rights be conditioned on property ownership? Section 22 prohibits the right to vote or hold office from being conditioned by a property qualification.

How is a grand jury chosen? Section 23 specifies that one or more grand juries must be drawn and summoned at least once a year in each county.

What is the role of the US Constitution on individual rights? Section 24 states that rights guaranteed by this Constitution are not dependent on those guaranteed by the United States Constitution. 

Is there a right to fish in this state? Section 25 provides that the people have the right to fish upon and from the public lands of the State and in the waters thereof, with certain exceptions.

How are the Constitution’s provisions interpreted? Section 26 states that the provisions of this Constitution are mandatory and prohibitory, unless by express words they are declared to be otherwise.

Is the death penalty available? Section 27 states that all statutes of this State in effect on February 17, 1972, 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.

What are the rights of victims of crimes? Section 28 makes numerous findings and declarations by the People of the State related to criminal activities, victims of crime, and the rights of those victims. In addition, this section specifies that victims of crime have additional rights that are shared with all of the People in the state, such as the right to safe schools, right to truth-in-evidence, public safety bail, use of prior convictions, truth in sentencing, and reform of the parole process.

What are people’s rights in criminal cases? Section 29 states that, 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.

Are there other criminal provisions? Section 30 states that this Constitution is not to be construed by the courts to prohibit the joining of criminal cases as prescribed by the Legislature or by the people through the initiative process.

Is discrimination prohibited in public activities? Section 31 specifies that the State cannot 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.