48 U.S.C. § 1421b — Bill of rights
submitted 76 years ago by ch. 512 to r/title-48-TERRITORIES-AND-INSULAR-POSSESSIONS · 755 words · no verdicts yet
This section establishes rights and limits on Guam's government, including religious liberty, speech, due process, criminal-trial rights, equal protection, voting, education, and property protections. It also extends specified constitutional provisions to Guam and repeals inconsistent federal and territorial laws.
(a) Guam may enact no law establishing a religion, blocking free religious exercise, limiting speech or press freedom, or limiting peaceful assembly and petitions to the government.
(b) In peacetime, soldiers may not be housed in a home without the owner's consent. In wartime, housing is allowed only as law provides.
(c) People have the right to be secure against unreasonable searches and seizures. An arrest or search warrant requires probable cause supported by oath or affirmation and must specifically identify the place to be searched and the person* or things to be seized.
(d) No one may be put in jeopardy twice for the same offense or forced to testify against himself or herself in a criminal case.
(e) No person may be deprived of life, liberty, or property without due process of law.
(f) Private property may not be taken for public use without fair payment.
(g) In every criminal prosecution, the accused has the right to a speedy public trial, notice and a copy of the accusation, confrontation of opposing witnesses, compulsory process to obtain favorable witnesses, and a lawyer.
(h) Excessive bail and fines are prohibited, as are cruel and unusual punishments.
(i) Slavery and involuntary servitude may not exist in Guam, except as punishment for a crime after conviction.
(j) Guam may enact no bill of attainder, retroactive criminal law, or law impairing contract obligations.
(k) No person may be imprisoned for debt.
(l) Habeas corpus may not be suspended unless, during rebellion, invasion, or imminent danger of either, public safety requires suspension.
(m) A voter may not be required to meet a qualification based on property, income, political opinion, or another matter apart from citizenship, civil capacity, and residence.
(n) Guam may not discriminate against anyone because of race, language, or religion, and may not deny equal protection of the laws.
(o) A person may be convicted of treason against the United States only on the testimony of two witnesses to the same overt act or on a confession in open court.
(p) Public money or property may not be appropriated, supplied, donated, or used directly or indirectly for a religious sect, church, denomination, sectarian institution or association, religious system, or religious priest, preacher, minister, teacher, or dignitary acting in that role.
(q) Employing a child under 14 in work harmful to health or morals or dangerous to life or limb is prohibited.
(r) Education is compulsory for children ages 6 through 16.
(s) No religious test may be required for office or public trust under Guam's government.
(t) A person who advocates, aids, or belongs to a party, organization, or association advocating the forceful or violent overthrow of Guam's or the United States' government may not hold a public office of trust or profit under Guam's government.
(u) To the extent not already extended to Guam, the following United States constitutional provisions have the same force there as in the United States or a State: Article I, section 9, clauses 2 and 3; Article IV, section 1 and section 2, clause 1; Amendments 1 through 9; Amendment 13; the second sentence of section 1 of Amendment 14; and Amendments 15 and 19. Federal laws about Guam and Guam territorial laws inconsistent with this subsection are repealed to the extent of the inconsistency.
No law shall be enacted in Guam respecting an establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of their grievances.
No soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant for arrest or search shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person* or things to be seized.
No person shall be subject for the same offense to be twice put in jeopardy of punishment; nor shall he be compelled in any criminal case to be a witness against himself.
No person shall be deprived of life, liberty, or property without due process of law.
Private property shall not be taken for public use without just compensation.
In all criminal prosecutions the accused shall have the right to a speedy and public trial; to be informed of the nature and cause of the accusation and to have a copy thereof; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist in Guam.
No bill of attainder, ex post facto law, or law impairing the obligation of contracts shall be enacted.
No person shall be imprisoned for debt.
The privilege of the writ of habeas corpus shall not be suspended, unless, when in cases of rebellion or invasion or imminent danger thereof, the public safety shall require it.
No qualification with respect to property, income, political opinion, or any other matter apart from citizenship, civil capacity, and residence shall be imposed upon any voter.
No discrimination shall be made in Guam against any person on account of race, language, or religion, nor shall the equal protection of the laws be denied.
No person shall be convicted of treason against the United States unless on the testimony of two witnesses to the same overt act, or on confession in open court.
No public money or property shall ever be appropriated, supplied, donated, or used, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or association, or system of religion, or for the use, benefit, or support of any priest, preacher, minister, or other religious teacher or dignitary as such.
The employment of children under the age of fourteen years in any occupation injurious to health or morals or hazardous to life or limb is hereby prohibited.
There shall be compulsory education for all children, between the ages of six and sixteen years.
No religious test shall ever be required as a qualification to any office or public trust under the government of Guam.
No person who advocates, or who aids or belongs to any party, organization, or association which advocates, the overthrow by force or violence of the government of Guam or of the United States shall be qualified to hold any public office of trust or profit under the government of Guam.
The following provisions of and amendments to the Constitution of the United States are hereby extended to Guam to the extent that they have not been previously extended to that territory and shall have the same force and effect there as in the United States or in any State of the United States: article I, section 9, clauses 2 and 3; article IV, section 1 and section 2, clause 1; the first to ninth amendments inclusive; the thirteenth amendment; the second sentence of section 1 of the fourteenth amendment; and the fifteenth and nineteenth amendments.
All laws enacted by Congress with respect to Guam and all laws enacted by the territorial legislature of Guam which are inconsistent with the provisions of this subsection are repealed to the extent of such inconsistency.
Source credit: (Aug. 1, 1950, ch. 512, § 5, 64 Stat. 385; Pub. L. 90–497, § 10, Sept. 11, 1968, 82 Stat. 847.)
- 1950Enacted · Act of Aug. 1, 1950, ch. 512 · 64 Stat. 385
- 1968Amended · Pub. L. 90-497 · 82 Stat. 847
A history note hasn’t been published yet. The record shows enactment by ch. 512 on 1950-08-01.
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