California Constitution Article I - Declaration of Rights [Sections 1 - 32]
California Constitution – Article I: Declaration of Rights [Sections 1–32]
📘 Overview:
Article I of the California Constitution is the Declaration of Rights, similar to the Bill of Rights in the U.S. Constitution. It guarantees essential civil liberties, individual freedoms, and legal protections to all people in California.
It contains 32 sections covering rights such as freedom of speech, due process, privacy, and equal protection.
🔑 Selected Key Sections:
Section 1 – Inalienable Rights
"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."
Adds "privacy" as an inalienable right — stronger privacy protections than in the U.S. Constitution.
Section 2 – Freedom of Speech and Press
Guarantees free speech and freedom of the press.
Protects citizens’ right to express themselves without government interference.
Section 3 – Right to Assemble and Petition
Ensures the right to peacefully assemble, petition the government, and consult for the common good.
Section 4 – Free Exercise of Religion
Guarantees freedom of religion, prohibits any state religion, and supports separation of church and state.
Section 7 – Due Process and Equal Protection
No person shall be deprived of life, liberty, or property without due process.
Guarantees equal protection under the law.
Section 8 – Non-discrimination
Prohibits discrimination by the state based on race, sex, color, ethnicity, or national origin.
Section 13 – Search and Seizure
Protects against unreasonable searches and seizures.
Requires warrants based on probable cause.
Section 16 – Rights of the Accused
Right to a speedy and public trial, impartial jury, counsel, confront witnesses, and protection from double jeopardy and self-incrimination.
Section 17 – Cruel or Unusual Punishment
Prohibits cruel or unusual punishment, including excessive fines or bail.
Section 28 – Victims’ Bill of Rights
Also known as Marsy’s Law, it provides a list of rights to crime victims, including notification, participation in proceedings, and restitution.
Section 32 – Standing to Enforce Constitutional Rights
Clarifies that any individual may seek judicial relief if their rights under Article I are violated.
⚖️ Why Article I Matters:
It provides broad civil liberties to California residents — often more expansive than those under federal law.
Frequently used in court challenges related to criminal justice, civil rights, free speech, and privacy.
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