1987 Vs 1973 Vs Mckinley

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1987 article III 1973 article IV Mckinley

Section 1. No person shall be Section 1. No person shall be 1. no person shall be deprived


deprived of life, liberty, or deprived of life, liberty, or property of life, liberty, or property
property without due process of without due process of law, nor shall without due process of law.
law, nor shall any person be any person be denied the equal
denied the equal protection of protection of the laws. 1. that if it becomes
the laws. necessary for the public interest
of the people of the islands to
dispose of claims to property
which the commission finds to
be not lawfully acquired and
held disposition shall be made
thereof by due legal procedure,
in which there shall be full
opportunity for fair and impartial
hearing and judgment
Section 2. The right of the people Section 3. The right of the people to 2. that the right to be secure
to be secure in their persons, be secure in their persons, houses, against unreasonable searches
houses, papers, and papers, and effects against and seizures shall not be
effects against unreasonable unreasonable searches and seizures of violated;
searches and seizures of whatever nature and whatever
whatever nature and for any purpose shall not be violated, and no
purpose shall be inviolable, and search warrant or warrant of arrest
no search warrant or warrant of shall issue except upon probable
arrest shall issue except cause to be determined by the judge,
upon probable cause to be or such other responsible officer as
determined personally by the maybe authorized by law, after
judge after examination under examination under oath or affirmation
oath or affirmation of the of the complainant and the witnesses
complainant and the witnesses he he may produce, and particularly
may produce, and describing the place to be searched,
particularly describing the place and the persons or things to be seized.
to be searched and the persons or
things to be seized.

Section 3. (1) The privacy of Section 4.


communication and 1.The privacy of
correspondence shall be communication and
inviolable correspondence shall be
except upon lawful order of the inviolable except upon lawful
court, or when public safety or order of the court, or when
order requires otherwise,
public safety and order
as prescribed by law.
require otherwise.
(2) Any evidence obtained in
violation of this or the preceding 2.Any evidence obtained in
section shall be violation of this or the
inadmissible for any purpose in
any proceeding. preceding Section shall be
inadmissible for any purpose
in any proceeding.

Section 4. No law shall be Section 9. No law shall be passed 4. that no law shall be passed
passed abridging the freedom of abridging the freedom of speech, or abridging the freedom of speech
speech, of expression, or of the press, or the right of the people or of the press, or the rights of
the press, or the right of the peaceably to assemble and petition the people to peaceably assemble
the government for redress of
people peaceably to assemble grievances.
and petition the Government
and petition the government for a redress of grievances;
for redress of grievances.
Section 5. No law shall be made Section 8. No law shall be made 5. that no law shall be made
respecting an establishment of respecting an establishment of respecting an establishment of
religion, or prohibiting religion, or prohibiting the free religion, or prohibiting the free
the free exercise thereof. The exercise thereof. The free exercise exercise thereof, and that the free
and enjoyment of religious profession
free exercise and enjoyment of and worship, without discrimination
exercise and enjoyment of
religious profession and or preference, shall forever be religious
worship, without discrimination allowed. No religious test shall be profession and worship without
or preference, shall forever be required for the exercise of civil or discrimination or preference
allowed. No religious political rights. shall forever be allowed.
test shall be required for the
exercise of civil or political 5. no form of religion and no
rights. minister of religion shall be
forced upon any
community or upon any citizen
of the islands; that upon the other
hand no minister of religion
shall be interfered with or
molested in following his
calling, and that the separation
between
state and church shall be real,
entire, and absolute.
Section 6. The liberty of abode Section 5. The liberty of abode and of
and of changing the same within travel shall not be impaired except
the limits prescribed by upon lawful order of the court, or
law shall not be impaired except when necessary in the interest of
national security, public safety, or
upon lawful order of the court. public health.
Neither shall the right
to travel be impaired except in
the interest of national security,
public safety, or public
health, as may be provided by
law.
Section 7. The right of the people Section 6. The right of the people to
to information on matters of information on matters of public
public concern shall be concern shall be recognized. Access
recognized. Access to official to official records, and to documents
records, and to documents and and papers pertaining to official acts,
transactions, or decisions, shall be
papers pertaining to official afforded the citizen subject to such
acts, transactions, or decisions, limitations as may be provided by
as well as to government law.
research data used as basis for
policy development, shall be
afforded the citizen, subject to
such limitations as may be
provided by law.
Section 8. The right of the Section 7. The right to form
people, including those associations or societies for purposes
employed in the public and not contrary to the law shall not be
private abridged.
sectors, to form unions,
associations, or societies for
purposes not contrary to law
shall
not be abridged.
Section 9. Private property shall Section 2. Private property shall not 9. private property shall not be
not be taken for public use be taken for public use without just taken
without just compensation. compensation. for public use without just
compensation.

9. if the same public interests


require the extinguishment of
property
rights lawfully acquired and held
due compensation shall be made
out of the public treasury
therefore.
Section 10. No law impairing the Section 11. No law impairing the
obligation of contracts shall be obligation of contracts shall be
passed. passed.

Section 11. Free access to the Section 23. Free access to the courts 11. the organization and
courts and quasi-judicial bodies shall not be denied to any person by establishment of courts
and adequate legal reason of poverty.
assistance shall not be denied to
any person by reason of poverty.

Section 12. (2) No torture, force, Section 20 ...No force, violence, excessive bail shall not be
violence, threat, intimidation, or threat, intimidation, or any other required, nor excessive fines
any other means which vitiate means which vitiates the free will imposed 12 (2) nor cruel and
the free will shall be used against shall be used against him. Any unusual
confession obtained in violation of
him. Secret detention places, this section shall be inadmissible in
punishment inflicted
solitary, incommunicado, or evidence.
other similar forms of detention
are prohibited.
Section 13. All persons, except Section 18. All persons, except those 13. excessive bail shall not be
those charged with offenses charged with capital offenses when required, nor excessive fines
punishable by reclusion evidence of guilt is strong shall, imposed,
perpetua when evidence of guilt before conviction, be bailable by
sufficient sureties. Excessive bail
is strong, shall, before shall not be required.
conviction, be bailable by
sufficient sureties, or be released
on recognizance as may be
provided by law. The right
to bail shall not be impaired even
when the privilege of the writ of
habeas corpus is
suspended. Excessive bail shall
not be required.

Section 12. (2) No torture, force, 12 (2) nor cruel and unusual
violence, threat, intimidation, or punishment inflicted
any other means which vitiate
the free will shall be used against
him. Secret detention places,
solitary, incommunicado, or
other similar forms of detention
are prohibited.
Section 14 (1)No person shall be Section 17. No person shall be held
held to answer for a criminal to answer for a criminal offense
offense without due without due process of law.
process of law.
Section 19. In all criminal
(2) In all criminal prosecutions, prosecutions, the accused shall be 14 (2). in all criminal
the accused shall be presumed presumed innocent until the prosecutions the accused shall
innocent until the contrary is proved, and shall enjoy enjoy the right to a speedy and
contrary is proved, and shall the right to be heard by himself and public trial, to be informed of the
enjoy the right to be heard by counsel, to be informed of the nature and cause of the
himself and counsel, to be nature and cause of the accusation accusation, to be confronted with
informed of the nature and cause against him, to have a speedy, the witnesses against him, to
of the accusation against him, to impartial, and public trial, to meet have compulsory process for
have a speedy, the witnesses face to face, and to obtaining witnesses in his favor,
impartial, and public trial, to have compulsory process to secure and to have the assistance of
meet the witnesses face to face, the attendance of witnesses and the counsel for his defense
and to have compulsory production of evidence in his
process to secure the attendance behalf. However, after
of witnesses and the production arraignment, trial may proceed
of evidence in his notwithstanding the absence of the
behalf. However, after accused provided that he has been
arraignment, trial may proceed duly notified and his failure to
notwithstanding the absence of appear is unjustified.
the accused: Provided, that he
has been duly notified and his
failure to appear is
unjustifiable.
Section 15. The privilege of the Section 15. The privilege of the writ
writ of habeas corpus shall not of habeas corpus shall not be
be suspended except in suspended except in cases of
cases of invasion or rebellion, invasion, insurrection, or rebellion, or
imminent danger thereof, when the
when the public safety requires public safety requires it.
it.
Section 16. All persons shall Section 16. All persons, shall have 16. that in all criminal
have the right to a speedy the right to a speedy disposition of prosecutions the accused shall
disposition of their cases before their cases in all judicial, quasi- enjoy the right to a speedy and
all judicial, quasi-judicial, or judicial, or administrative bodies. public trial
administrative bodies.
16. in the criminal laws to secure
speedy and
impartial trials, and at the same
time effective administration and
respect for individual rights.
Section 17. No person shall be Section 20. No person shall be no person shall be put twice in
compelled to be a witness compelled to be a witness against jeopardy for the same offense,
against himself. himself. Any person under
investigation for the commission of (17) or be compelled in any
an offense shall have the right to criminal case to be a witness
remain silent and to counsel, and to against himself;
be informed of such right. No force,
violence, threat, intimidation, or any
other means which vitiates the free
will shall be used against him. Any
confession obtained in violation of
this section shall be inadmissible in
evidence.

Section 18. (2) No involuntary Section 14. No involuntary servitude 18 (2)that neither slavery nor
servitude in any form shall exist in any form shall exist except as a involuntary servitude shall exist
except as a punishment for a punishment for a crime whereof the except as a punishment for
crime party shall have been duly convicted. crime;
whereof the party shall have
been duly convicted.
Section 19. (1) Excessive fines Section 21. Excessive fines shall not excessive bail shall not be
shall not be imposed, nor cruel, be imposed nor cruel or unusual required, nor excessive fines
degrading or inhuman punishment inflicted. imposed, nor cruel and unusual
punishment inflicted. Neither punishment inflicted
shall death penalty be imposed,
unless, for compelling
reasons involving heinous
crimes, the Congress hereafter
provides for it. Any death
penalty already imposed shall be
reduced to reclusion perpetua.
(2) The employment of physical,
psychological, or degrading
punishment against any
prisoner or detainee or the use of
substandard or inadequate penal
facilities under
subhuman conditions shall be
dealt with by law.
Section 20. No person shall be Section 13. No person shall be
imprisoned for debt or non- imprisoned for debt or non-payment
payment of a poll tax. of a poll tax.

Section 21. No person shall be Section 22. No person shall be twice 21. no person shall be put twice
twice put in jeopardy of put in jeopardy of punishment for the in jeopardy for the same offense,
punishment for the same offense. same offense. If an act is punished by
If an act is punished by a law and a law and an ordinance, conviction or
acquittal under either shall constitute
an ordinance, conviction or a bar to another prosecution for the
acquittal under either same act.
shall constitute a bar to another
prosecution for the same act.

Section 17. No person shall be (17) or be compelled in any


compelled to be a witness criminal case to be a witness
against himself. against himself;

Section 22. No ex post facto law Section 12. No ex post facto law or 22. that no bill of attainder, or
or bill of attainder shall be bill of attainder shall be enacted. ex post-facto law shall be
enacted. passed;
OTHERS: OTHERS: What’s in Mckinley
Not in the 1987 constitution order that is not found in the the
1987 constitution:
Section 10. No law granting a title of
royalty or nobility shall be enacted. 1. Education
they should regard as of first
importance
the extension of a system of
primary education which shall be
free to all, and which shall tend
to fit the people for the duties of
citizenship and for the ordinary
avocations of a civilized
community.

2. Language
instruction should be given in the
first instance in every part of the
islands in
the language of the people. In
view of the great number of
languages spoken by the
different
tribes… Especial attention
should be at once given to
affording full opportunity to
all the people of the islands to
acquire the use of the English
language.

3. tribes
In dealing with the uncivilized
tribes of the islands the
commission should adopt the
same
course followed by Congress in
permitting the tribes of our North
American Indians to maintain
their tribal organization and
government subject to wise and
firm regulation

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