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CONSTITUTION OF 1867
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PROPOSED CONSTITUTION OF 1968
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consideration thereof, is due from the
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United States.
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Art. 25. That excessive bail ought not
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See Section 1.11, Unusual Punishments, p. 4.
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to be required, nor excessive fines imposed,
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nor cruel or unusual punishment inflicted,
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by the Courts of Law.
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Art. 26. That all warrants, without oath
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Section 1.05. Searches and Seizures.
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or affirmation, to search suspected places,
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The right of the people to be secure in
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or to seize any person or property, are
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their persons, houses, papers, and effects
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grievous and oppressive; and all general
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against unreasonable searches, seizures, inter-
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warrants to search suspected places, or to
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ceptions of their communications, or other
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apprehend suspected persons, without nam-
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invasions of their privacy, shall not be violat-
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ing or describing the place, or the person
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ed, and no warrants shall issue, but upon
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in special, are illegal, and ought not to
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probable cause, supported by oath or affir-
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be granted.
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mation, and particularly describing the place
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to be searched and the persons or things to
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be seized, or the communications sought to
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be intercepted.
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Art. 27. That no conviction shall work
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See Section 1.11, Unusual Punishments, p. 4.
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corruption of blood or forfeiture of estate.
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Art. 28. That a well regulated Militia
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Section 9.05. Militia.
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is the proper and natural defence of a
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The General Assembly may provide by law
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free Government.
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for a militia. The governor shall be its
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Art. 29. That standing Armies are
dangerous to liberty, and ought not to be
raised, or kept up, without the consent of
the Legislature.
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commander in chief and shall appoint its of-
ficers. The governor may order the militia
into active service to repel invasions, to sup-
press insurrections, to enforce the execution
of the laws, and to provide assistance when
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Art. 30. That in all cases, and at all
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great destruction of life or property may be
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times, the military ought to be under strict
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threatened or may have occurred. The mili-
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subordination to, and control of, the civil
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tary authority of the State shall be and
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power.
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remain subject to civil control in the person
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of the governor at all times. Only a member
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Art. 31. That no soldier shall, in time
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of the militia may be subject to a military
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of peace, be quartered in any house, with-
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trial and then only for offenses committed
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out the consent of the owner, nor in time
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while in actual service.
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of war, except in the manner prescribed
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by Law.
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Art. 32. That no person except regular
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soldiers, marines, and mariners in the service
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of this State, or militia, when in actual
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service, ought, in any case, to be subject
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to, or punishable by Martial Law.
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Art. 33. That the independency and
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Section 5.25. Restriction of Non-Judicial
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uprightness of Judges are essential to the
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Activities.
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impartial administration of Justice, and a
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No judge shall practice law, or seek public
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great security to the rights and liberties
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elective office other than the judicial office he
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of the People: Wherefore, the Judges shall
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then holds, or contribute to or hold office in
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not be removed, except in the manner, and
for the causes provided in this Constitu-
tion. No Judge shall hold any other office,
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a political party or political organization, or
participate in a partisan political campaign,
or serve as officer, director, or employee of
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