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Compiled by Jeff Rau,
Anna Pendland and Angel Shamaya
Article 1 - Statement of Rights - Right to Keep and Bear Arms
Crime Victims - rights enumerated - effect - Legislature - duties
U.S. Constitution Comes Before Statutes, Edicts, Ordinances, Rules
or Regulations
Article 1 - Statement of Rights - Right to Keep and Bear Arms
CI-1
All persons are by nature free and independent,
and have certain inherent and inalienable rights; among these are life, liberty, the pursuit of happiness, and the right to keep and bear arms for security or defense of self, family, home, and others, and for lawful common defense, hunting, recreational use, and all other lawful purposes, and such rights shall not be
denied or infringed by the state or any subdivision thereof. To secure these rights, and the protection of property, governments are instituted among people, deriving their just powers from the consent of the governed.
Rights of Accused
CI-11
In all criminal prosecutions the accused shall have the right to appear and defend in person or by counsel, to demand the nature and cause of accusation, and to have a copy thereof; to meet the witnesses against him face to face; to have process to compel the attendance of 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.
Military Subordinate
CI-17
The military shall be in strict subordination to the civil power.
Crime Victims - rights enumerated - effect - Legislature - duties.
CI-28
(1) A victim of a crime, as shall be defined by
law, or his or her guardian or representative shall have: The right to be informed of all criminal court proceedings; the right to be present at trial unless the trial court finds sequestration necessary for a fair trial for the defendant; and the right to be informed of, be present at, and make an oral or written statement at sentencing, parole, pardon, commutation, and conditional release proceedings. This enumeration of certain rights for crime victims shall not be construed to impair or deny others provided by law or retained by crime victims.
(2) The Legislature shall provide by law for the
implementation of the rights granted in this section. There shall be no remedies other than as specifically provided by the Legislature for the enforcement of the rights granted by this section.
(3) Nothing in this section shall constitute a basis
for error in favor of a defendant in any criminal proceeding, a basis for providing standing to participate as a party to any criminal proceeding, or a basis to contest the disposition of any
charge.
Official Oath - refusal - disqualification
CXV-1
Executive and judicial officers and members of the legislature, before they enter upon their official duties shall take and subscribe the following oath, or affirmation.
"I do solemnly swear (or affirm) that I will support the constitution of the United States, and the constitution of the State of Nebraska, and will faithfully discharge the duties of, ________________ according to the best of my ability, and that at the
election at which I was chosen to fill said office, I have not improperly influenced in any way the vote of any elector, and have not accepted, nor will I accept or receive, directly or indirectly, any money or other valuable thing from any corporation, company or person, or any promise of office, for any official act or influence (for any vote I may give or withhold on any bill, resolution, or appropriation)."
Any such officer or member of the legislature who shall refuse to take the oath herein prescribed, shall forfeit his office, and any person who shall be convicted of having sworn falsely to, or of violating his said oath shall forfeit his office, and thereafter be disqualified from holding any office of profit or trust in this state unless he shall have been restored to civil rights.
United
States Right to Keep and Bear Arms UNITED
STATES CONSTITUTION AMENDMENT
II. A well
regulated Militia, being necessary to the security of a free State,
the right of the people to keep and bear Arms, shall not be infringed. Source:
Bill of Rights, Second Amendment (ratified 1791, and still the Law
of the Land) U.S.
Constitution Comes Before Statutes, Edicts, Ordinances, Rules or
Regulations UNITED
STATES CONSTITUTION ARTICLE
VI. All Debts
contracted and Engagements entered into, before the Adoption of this
Constitution, shall be as valid against the United States under this
Constitution, as under the Confederation. This Constitution,
and the Laws of the United States which shall be made in Pursuance thereof;
and all Treaties made, or which shall be made, under the Authority of
the United States, shall be the supreme Law of the Land; and the Judges
in every State shall be bound thereby, any Thing in the Constitution
or Laws of any State to the Contrary notwithstanding. The
Senators and Representatives before mentioned, and the Members of the
several State Legislatures, and all executive and judicial Officers,
both of the United States and of the several States, shall be bound
by Oath or Affirmation, to support this Constitution; but no religious
Test shall ever be required as a Qualification to any Office or public
Trust under the United States. Source:
Constitution of the United States of America EXPLANATION
FROM LAW.CORNELL.EDU: This means
that state governments and officials cannot take actions or pass laws
that interfere with the Constitution, laws passed by Congress, or treaties.
The Constitution was interpreted, in 1819, as giving the Supreme Court
the power to invalidate any state actions that interfere with the Constitution
and the laws and treaties passed pursuant to it. That power is not itself
explicitly set out in the Constitution but was declared to exist by the
Supreme Court in the decision of McCulloch v. Maryland. Every person
who, under color of any statute, ordinance, regulation, custom, or usage,
of any State or Territory or the District of Columbia, subjects, or
causes to be subjected, any citizen of the United States or other person
within the jurisdiction thereof to the deprivation of any rights, privileges,
or immunities secured by the Constitution and laws, shall be liable
to the party injured in an action at law, suit in equity, or other proper
proceeding for redress, except that in any action brought against a
judicial officer for an act or omission taken in such officer's judicial
capacity, injunctive relief shall not be granted unless a declaratory
decree was violated or declaratory relief was unavailable. For the purposes
of this section, any Act of Congress applicable exclusively to the District
of Columbia shall be considered to be a statute of the District of Columbia. (R.S. Sec.
1979; Pub. L. 96-170, Sec. 1, Dec. 29, 1979, 93 Stat. 1284; Pub. L. 104-317,
title III, Sec. 309(c), Oct. 19, 1996, 110 Stat. 3853.) Source:
For date law was enacted, history of law, amendments (slight, and
very much intact in spirit), go here: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+42USC1983
TITLE 5.
GOVERNMENT ORGANIZATION AND EMPLOYEES CODE OF ETHICS
FOR GOVERNMENT SERVICE (signed into law on July 3, 1980) ANY PERSON
IN GOVERNMENT SERVICE SHOULD: I. Put
loyalty to the highest moral principles and to country above loyalty
to persons, party, or Government department. II. Uphold
the Constitution, laws, and regulations of the United States and of
all governments therein and never be a party to their evasion. III. Give
a full day's labor for a full day's pay; giving earnest effort and best
thought to the performance of duties. IV. Seek
to find and employ more efficient and economical ways of getting tasks
accomplished. V. Never
discriminate unfairly by the dispensing of special favors or VI. Make
no private promises of any kind binding upon the duties of office, since
a Government employee has no private word which can be binding on public
duty. VII. Engage
in no business with the Government, either directly or indirectly, which
is inconsistent with the conscientious performance of governmental duties.
VIII.
Never use any information gained confidentially in the performance of
government duties as a means for making private profit. IX. Expose
corruption wherever discovered. X. Uphold
these principles, ever conscious that public office is a public trust.
DECA Poster 80-3, Feb 94 When
this law was passed, it included a requirement for posting the above in
government facilities. That requirement was later repealed. (Source
1, Source
2) But the law itself is still very much a LAW. |
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