Constitution of the State of Kansas
Bill of Rights
§ 1. Equal rights. All men are possessed of equal and inalienable natural rights, among which are life, liberty, and the pursuit of happiness.
History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 47.
§ 2. Political power; privileges. All political power is inherent in the people, and all free governments are founded on their authority, and are instituted for their equal protection and benefit. No special privileges or immunities shall ever be granted by the legislature, which may not be altered, revoked or repealed by the same body; and this power shall be exercised by no other tribunal or agency.
History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 47.
§ 3. Right of peaceable assembly; petition. The people have the right to assemble, in a peaceable manner, to consult for their common good, to instruct their representatives, and to petition the government, or any department thereof, for the redress of grievances.
History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 48.
§ 4. Individual right to bear arms; armies. A person has the right to keep and bear arms for the defense of self, family, home and state, for lawful hunting and recreational use, and for any other lawful purpose; but standing armies, in time of peace, are dangerous to liberty, and shall not be tolerated, and the military shall be in strict subordination to the civil power.
History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 48; L. 2009, ch. 152, § 1; November 2, 2010.
§ 5. Trial by jury. The right of trial by jury shall be inviolate.
History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 48.
§ 6. Slavery prohibited; servitude for conviction of crime. There shall be no slavery in this state; and no involuntary servitude, except for the punishment of crime, whereof the party shall have been duly convicted.
History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 48.
§ 7. Religious liberty; no property qualification shall be required for holding public office. The right to worship God according to the dictates of conscience shall never be infringed; nor shall any person be compelled to attend or support any form of worship; nor shall any control of or interference with the rights of conscience be permitted, nor any preference be given by law to any religious establishment or mode of worship. No religious test or property qualification shall be required for any office of public trust, nor for any vote at any election, nor shall any person be incompetent to testify on account of religious belief.
History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 48.
§ 8. Habeas corpus. The right to the writ of habeas corpus shall not be suspended, unless the public safety requires it in case of invasion or rebellion.
History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 48.
§ 9. Bail; fines; cruel and unusual punishment. All persons shall be bailable by sufficient sureties except for capital offenses, where proof is evident or the presumption great. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted.
History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 48.
§ 10. Trial; defense of accused; witness against self; double jeopardy. In all prosecutions, the accused shall be allowed to appear and defend in person, or by counsel; to demand the nature and cause of the accusation against him; to meet the witness face to face, and to have compulsory process to compel the attendance of the witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed. No person shall be a witness against himself, or be twice put in jeopardy for the same offense.
History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 48.
§ 11. Liberty of press and speech; libel. The liberty of the press shall be inviolate; and all persons may freely speak, write or publish their sentiments on all subjects, being responsible for the abuse of such rights; and in all civil or criminal actions for libel, the truth may be given in evidence to the jury, and if it shall appear that the alleged libelous matter was published for justifiable ends, the accused party shall be acquitted.
History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 48.
§ 12. No forfeiture of estate for crimes. No conviction within the state shall work a forfeiture of estate.
History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 49; L. 1972, ch. 389, § 1; November 7, 1972.
§ 13. Treason. Treason shall consist only in levying war against the state, adhering to its enemies, or giving them aid and comfort. No person shall be convicted of treason unless on the evidence of two witnesses to the overt act, or confession in open court.
History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 49.
§ 14. Soldiers' quarters. No soldier shall, in time of peace, be quartered in any house without the consent of the occupant, nor in time of war, except as prescribed by law.
History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 49.
§ 15. Search and seizure. The right of the people to be secure in their persons and property against unreasonable searches and seizures, shall be inviolate; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons or property to be seized.
History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 49.
§ 16. Imprisonment for debt. No person shall be imprisoned for debt, except in cases of fraud.
History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 49.
§ 17. Property rights of citizens and aliens. No distinction shall ever be made between citizens of the state of Kansas and the citizens of other states and territories of the United States in reference to the purchase, enjoyment or descent of property. The rights of aliens in reference to the purchase, enjoyment or descent of property may be regulated by law.
History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 49; L. 1887, p. 340; November 6, 1888.
§ 18. Justice without delay. All persons, for injuries suffered in person, reputation or property, shall have remedy by due course of law, and justice administered without delay.
History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 49.
§ 19. Emoluments or privileges prohibited. No hereditary emoluments, honors, or privileges shall ever be granted or conferred by the state.
History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 49.
§ 20. Powers retained by people. This enumeration of rights shall not be construed to impair or deny others retained by the people; and all powers not herein delegated remain with the people.
History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 49.
§ 21. Right of public to hunt, fish and trap wildlife. The people have the right to hunt, fish and trap, including by the use of traditional methods, subject to reasonable laws and regulations that promote wildlife conservation and management and that preserve the future of hunting and fishing. Public hunting and fishing shall be a preferred means of managing and controlling wildlife. This section shall not be construed to modify any provision of law relating to trespass, property rights or water resources.
History: L. 2016, ch. 117 § 1; adopted November 8, 2016.
