Rhode Island
State Constitution
Constitution Text
Preamble
We, the people of the State of Rhode Island , grateful to Almighty God for the civil and religious liberty which He hath so long permitted us to enjoy, and looking to Him for a blessing upon our endeavors to secure and to transmit the same, unimpaired, to succeeding generations, do ordain and establish this Constitution of government.
Article I: Untitled
Section 1: Right to make and
alter Constitution — Constitution obligatory upon all. In the words of the Father of his Country, we declare that ‘‘the basis of our political systems is the right of the people to make and alter their constitutions of government; but that the constitution which at any time exists, till changed by an explicit and authentic act of the whole people, is sacredly obligatory upon all.’’
Section 2: Laws for good of whole — Burdens to be equally distributed — Due process — Equal protection — Discrimination — No right to abortion granted.
All free governments are instituted for the protection, safety, and happiness of the people. All laws, therefore, should be made for the good of the whole; and the burdens of the state ought to be fairly distributed among its citizens. No person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied equal protection of the laws. No otherwise qualified person shall, solely by reason of race, gender or handicap be subject to discrimination by the state, its agents or any person or entity doing business with the state. Nothing in this section shall be construed to grant or secure any right relating to abortion or the funding thereof .
Section 3: Freedom of religion.
Whereas Almighty God hath created the mind free; and all attempts to influence it by temporal punishments or burdens, or by civil incapacitations, tend to beget habits of hypocrisy and meanness; and whereas a principal object of our venerable ancestors, in their migration to this country and their settlement of this state, was, as they expressed it, to hold forth a lively experiment that a flourishing civil state may stand and be best maintained with full liberty in religious concernments; we, therefore, declare that no person shall be compelled to frequent or to support any religious worship, place, or ministry what ever, except in fulfillment of such person’s voluntary contract; nor enforced, restrained, molested, or burdened in body or goods; nor disqualified from holding any office; nor otherwise suffer on account of such person’s religious belief; and that every person shall be free to worship God according to the dictates of such person’s conscience, and to profess and by argument to maintain such person’s opinion in matters of religion; and that the same shall in no wise diminish, enlarge, or affect the civil capacity of any person.
Section 4: Slavery prohibited.
Slavery shall not be permitted in this state.
Section 5: Entitlement to
remedies for injuries and wrongs — Right to justice. Every person within this state ought to find a certain remedy, by having recourse to the laws, for all injuries or wrongs which may be received in one’s person, property, or character. Every person ought to obtain right and justice freely, and without purchase, completely and without denial; promptly and without delay; conformably to the laws.
Section 6: Search and seizure.
The right of the people to be secure in their persons, papers and possessions, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue, but on complaint in writing, upon probable cause, supported by oath or affirmation, and describing as nearly as may be, the place to be searched and the persons or things to be seized.
Section 7: Requirement of presentment
or indictment — Information by attorney-general — Grand juries — Double jeopardy.
Section 8: Bail, fines and punishments.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted; and all punishments ought to be proportioned to the offense.
Section 10: Rights of accused persons in criminal proceedings.
In all criminal prosecutions, accused persons shall enjoy the right to a speedy and public trial, by an impartial jury; to be informed of the nature and cause of the accusation, to be confronted with the witnesses against them, to have compulsory process for obtaining them in their favor, to have the assistance of counsel in their defense, and shall be at liberty to speak for themselves; nor shall they be deprived of life, liberty, or property, unless by the judgment of their peers, or the law of the land.
Section 11: Relief of debtors from prison.
The person of a debtor, when there is not strong presumption of fraud, ought not to be continued in prison, after such person shall have delivered up property for the benefit of said person’s creditors, in such manner as shall be prescribed by law.
Section 12: Ex post facto laws —
Laws impairing obligation of contract. No ex post facto law, or law impairing the obligation of contracts, shall be passed.
Section 13: Self-crimination.
No person in a court of common law shall be compelled to give self-criminating evidence.
Section 14: Presumption of
innocence — Securing accused persons. Every person being presumed innocent, until pronounced guilty by the law, no act of severity which is not necessary to secure an accused person shall be permitted.
Section 16: Compensation for taking of private property for public use — Regulation of fishery rights and shore privileges not public taking.
Private property shall not be taken for public uses, without just compensation. The powers of the state and of its municipalities to regulate and control the use of land and waters in the furtherance of the preservation, regeneration, and restoration of the natural environment, and in furtherance of the protection of the rights of the people to enjoy and freely exercise the rights of fishery and the privileges of the shore, as those rights and duties are set forth in Section 17, shall be an exercise of the police powers of the state, shall be liberally construed, and shall not be deemed to be a public use of private property.
Section 18: Subordination of
military to civil authority — Martial law. The military shall be held in strict subordination to the civil author ity. And the law martial shall be used and exercised in such cases only as occasion shall necessarily require.
Section 19: Quartering of soldiers.
No soldier shall be quartered in any house in time of peace, without the consent of the owner; nor, in time of war, but in manner to be prescribed by law.
Section 20: Freedom of press.
The liberty of the press being essential to the security of freedom in a state, any person may publish sentiments on any subject, being responsible for the abuse of that liberty; and in all trials for libel, both civil and criminal, the truth, unless published from malicious motives, shall be sufficient defense to the person charged.
Section 21: Right to assemble —
Redress of grievances — Freedom of speech. The citizens have a right in a peaceable manner to assemble for their common good, and to apply to those invested with the powers of government, for redress of grievances, or for other purposes, by petition, address, or remonstrance. No law abridging the freedom of speech shall be enacted.
Section 22: Right to bear arms.
The right of the people to keep and bear arms shall not be infringed.
Section 23: Rights of victims of crime.
A victim of crime shall, as a matter of right, be treated by agents of the state with dignity, respect and sensitivity during all phases of the criminal justice process. Such person shall be entitled to receive, from the perpetrator of the crime, financial compensation for any injury or loss caused by the perpetrator of the crime, and shall receive such other compensation as the state may provide. Before sentencing, a victim shall have the right to address the court regarding the impact which the perpetrator’s conduct has had upon the victim.
Section 24: Rights not enumerated
— State rights not dependent on federal rights. The enumeration of the foregoing rights shall not be construed to impair or deny others retained by the people. The rights guaranteed by this Constitution are not dependent on those guaranteed by the Constitution of the United States.
Article III: Untitled
Section 1: Qualified electors.
No person shall hold any civil office unless that person be a qualified elector for such office.
Section 2: Disqualification upon
conviction or plea of nolo contendere — Requalification following sentence, probation or parole. An elector shall be disqualified as a candidate for elective or appointive state or local office or from holding such office if such elector has been convicted of or plead nolo contendere to a felony or if such elector has been convicted or plead nolo contendere to a misdemeanor resulting in a jail sentence of six months or more, either suspended or to be served. Such elector shall not, once so convicted, attain or return to any office until three years after the date of completion of such sentence and of probation or parole.
Section 3: Oath of general officers.
All general officers shall take the following engagement before they act in their respective offices, to wit: You being by the free vote of the electors of this state of Rhode Island , elected unto the place of do solemnly swear (or, affirm) to be true and faithful unto this state, and to support the Constitution of this state and of the United States; that you will faithfully and impartially discharge all the duties of your aforesaid office to the best of your abilities, according to law: So help you God. [Or: This affirmation you make and give upon the peril of the penalty of perjury.]
Section 5: Administration of oaths.
The oath or affirmation shall be administered to the governor, lieutenant governor, senators, and representatives by the secretary of state, or, in the absence of the secretary of state by the attorney- general. The secretary of state, attorney-general, and general treasurer shall be engaged by the governor, or by a justice of the supreme court .
Section 6: Holding of offices under other governments — Senators and representatives not to hold
other appointed offices under state government. No senator or representative shall, during the time for which he or she was elected, be appointed to any state office, board, commission or other state or quasi-public entity exercising executive power under the laws of this state, and no person holding any executive office or serving as a member of any board, commission or other state or quasi-public entity exercising executive power under the laws of this state shall be a member of the senate or the house of representatives during his or her continuance in such office.
Section 7: Ethical conduct.
The people of the State of Rhode Island believe that public officials and employees must adhere to the highest standards of ethical conduct, respect the public trust and the rights of all persons, be open, accountable and responsive, avoid the appearance of impropriety and not use their position for private gain or advantage. Such persons shall hold their positions during good behavior.
Article IV: Untitled
Section 2: Election by plurality.
In all elections held by the people for state, city, town, ward or district officers, the person or candidate receiving the largest number of votes cast shall be declared elected.
Section 3: Filling vacancy caused
by death, removal, refusal to serve, or incapacity of elected officers — Election when no candidate receives plurality.
Section 6: Elections in grand
committee — Majority vote — Term of elected official.
Section 7: Elections in grand
committee — Quorum — Permitted activities. A quorum of the grand committee shall consist of a majority of all the members of the senate and a majority of all the members of the house of representatives duly assembled pursuant to an invitation from one of said bodies which has been accepted by the other, and the acceptance of which has been communicated by message to the body in which such invitation originated, and each house shall be attended by its secretaries and clerks. No act or business of any kind shall be done in grand committee other than that which is distinctly specified in the invitation by virtue of which such grand committee is assembled, except to take a recess or to dissolve; provided, that the grand committee may appoint a subcommittee of its own members to count any ballots delivered to it and report the result of such count.
Section 10: Limitations on
campaign contributions — Public financing of campaign expenditures of general offi cers.
Article V: Untitled
Section 1: Full Text
OF THE DISTRIBUTION OF POWERS The powers of the government shall be distributed into three separate and distinct departments: the legislative, executive and judicial.
Article VI: Untitled
Section 1: Constitution supreme law of the state.
Senators and representatives shall receive the same health insurance benefits as full-time state employees.
Section 4: Restriction on general
assembly members’ activities as counsel. Each house shall be the judge of the elections and qualifications of its members; and a majority shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner, and under such penalties, as may be prescribed by such house or by law. The organization of the two houses may be regulated by law, subject to the limitations contained in this Constitution.
Section 7: Rules of houses — Contempt.
Each house may determine its rules of proceeding, punish contempts , punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member; but not a second time for the same cause.
Section 8: House journals.
Each house shall keep a journal of its proceedings. The yeas and nays of the members of either house shall, at the desire of one-fifth of those present, be entered on the journal.
Section 9: Adjournment of houses.
Neither house shall, during a session, without the consent of the other, adjourn for more than two days, nor to any other place than that in which it may be sitting.
Section 22: Restriction of gambling.
No act expanding the types or locations of gambling which are permitted within the state or within any city or town therein or expanding municipalities in which a particular form of gambling is authorized shall take effect until it has been approved by the majority of those electors voting in a statewide referendum and by the majority of those electors voting in said referendum in the municipality in which the proposed gambling would be allowed and, having been so approved in said referendum in any city or town on or after November 4, 2014, the location where the gambling is permitted in any city or town shall not be changed within said city or town without approval of the majority of those electors voting on said proposed change in a referendum in said city or town. The secretary of state shall certify the results of the statewide referendum and the local board of canvassers of the city or town where the gambling is to be allowed shall certify the results of the local referendum to the secretary of state.
Article VII: Untitled
Section 2: Officers — Presiding member during organization.
The house of representatives shall have authority to elect its speaker, clerks, and other officers. The senior member from the City of Newport, if any be present, shall preside in the organization of the house .
Article VIII: Untitled
Section 2: Lieutenant governor to
be presiding officer until 2003. The lieutenant governor shall preside in the senate and in grand committee until 2003. Commencing in 2003, the senate shall elect its president, who shall preside in the senate and in grand committee, as well as its secretary and other officers from among its members and shall elect its clerks. The senior member from the city of Newport, if any be present, shall preside in the organization of the senate.
Article IX: OF THE EXECUTIVE POWER
Section 1: Power vested in governor.
The chief executive power of this state shall be vested in a governor, who, together with a lieutenant governor, shall be elected by the people.
Section 2: Faithful execution of laws.
The governor shall take care that the laws be faithfully executed.
Section 3: Captain general and commander in chief of military and navy.
The governor shall be captain general and commander in chief of the military and naval forces of this state, except when they shall be called into the service of the United States.
Section 7: Convening of special
sessions of the general assem bly.
Section 8: Commissions.
All commissions shall be in the name and by authority of the State of Rhode Island ; shall be sealed with the state seal, signed by the governor, and attested by the secretary.
Section 9: Vacancy in office of governor.
If the office of the governor shall be vacant by reason of death, resignation, impeachment or inability to serve, the lieutenant governor shall fill the office of governor, and exercise the powers and authority appertaining thereto, until a governor is qualified to act, or until the office is filled at the next election.
Section 10: Vacancies in both offices of governor and lieutenant
governor. If the offices of governor and lieutenant governor be both vacant by reason of death, resignation, impeachment, or inability to serve, the speaker of the house of representatives shall in like manner fill the office of governor during such vacancy.
Section 11: Compensation of governor and lieutenant governor.
The compensation of the governor and lieutenant governor shall be established by law, and shall not be diminished during the term for which they are elected.
Section 12: Powers and duties of secretary, attorney-general, and general treasurer.
The duties and powers of the secretary, attorney-general and general treasurer shall be the same under this Constitution as are now established, or as from time to time may be prescribed by law.
Section 16: Limitation on state
spending. (a) No appropriation, supplemental appropriation or budget act shall cause the aggregate state general revenue appropriations enacted in any given fiscal year to exceed ninety-seven percent (97%) of the estimated state general revenues for such fiscal year from all sources, including estimated unencumbered general revenues to the new fiscal year remaining at the end of the previous fiscal year. Estimated unencumbered general revenues are calculated by taking the estimated general revenue cash balance at the end of the fiscal year less estimated revenue anticipation bonds or notes, estimated general revenue encumbrances, estimated continuing general revenue appropriations and the amount of the budget reserve account at the end of said fiscal year. (b) The amount between the applicable percentage in (a) and one hundred percent (100%) of the estimated state general revenue for any fiscal year as estimated in accordance with subsection (a) of this section shall be appropriated in any given fiscal year into the budget reserve account; provided, however, that no such payment will be made which would increase the total of the budget reserve account to more than five percent (5%) of only the estimated state general revenues as set by subsection (a) of this section. In the event that the payment to be made into the budget reserve account would increase the amount in said account to more than five percent (5%) of estimated state general revenues that said amount shall be transferred to the Rhode Island Capital Plan fund to be used solely for funding capital projects. (c) Within forty-five (45) days after the close of any fiscal year, all unencumbered general revenue in the year end surplus account from the said fiscal year shall be transferred to the general fund.
Article X: Untitled
Section 1: Power vested in court.
The judicial power of this state shall be vested in one supreme court,
Section 2: Jurisdiction of
supreme and inferior courts — Quorum of supreme court . The supreme court shall have final revisory and appellate jurisdiction upon all questions of law and equity. It shall have power to issue prerogative writs, and shall also have such other jurisdiction as may, from time to time, be prescribed by law. A majority of its judges shall always be necessary to constitute a quorum. The inferior courts shall have such jurisdiction as may, from time to time, be prescribed by law.
Section 5: Tenure of supreme court justices.
Justices of the supreme court shall hold office during good behavior.
Section 6: Judges of supreme court — Compensation.
The judges of the supreme court shall receive a compensation for their services, which shall not be diminished during their continuance in office.
Section 7: Wardens and
justices of the peace.
Article XI: Untitled
Section 1: Power to impeach —
Procedure — Suspension from office impeachment.
Section 2: Trial of impeachments.
All impeachments shall be tried by the senate; and when sitting for that purpose, they shall be under oath or affirmation. No person shall be convicted except by vote of two-thirds of the members elected. When the governor is impeached, the chief or presiding justice of the supreme court , for the time being, shall preside, with a casting vote in all preliminary questions.
Section 3: Officers subject to impeachment — Grounds and effect of conviction.
The governor and all other executive and judicial officers shall be liable to impeachment. The governor or any other executive officer shall be removed from office if, upon impeachment, such officer shall be found incapacitated or guilty of the commission of a felony or crime of moral turpitude, misfeasance or malfeasance in office. Judges shall be removed if, upon impeachment, they shall be found incapacitated or guilty of the commission of a felony or crime of moral turpitude, misfeasance or malfeasance in office or violation of the canons of judicial ethics. Judgment of incapacity or guilt in a case of impeachment shall not extend further than to removal from office. The person convicted shall, nevertheless, be liable to indictment, trial and punishment, according to laws.
Article XII: Untitled
Section 2: Perpetual school fund.
The money which now is or which may hereafter be appropriated by law for the establishment of a permanent fund for the support of public schools, shall be securely invested and remain a perpetual fund for that purpose.
Section 4: Implementation of
article — Diversion of funds prohibited.
Article XIII: Untitled
Section 1: Intent of article.
It is the intention of this article to grant and confirm to the people of every city and town in this state the right of self government in all local matters.
Section 3: Local legislative bodies.
Notwithstanding anything contained in this article, every city and town shall have a legislative body composed of one or two branches elected by vote of its qualified electors.
Section 6: Charter commissions.
Every city and town shall have the power to adopt a charter in the following manner: Whenever a petition for the adoption of a charter signed by fifteen percent of the qualified electors of a city, or in a town by fifteen percent, but not less than one hundred in number, of those persons qualified to vote on any proposition to impose a tax or for the expenditure of money shall be filed with the legislative body of any city or town the same shall be referred forthwith to the canvassing authority which shall within ten days after its receipt determine the sufficiency thereof and certify the results to the legislative body of said city or town. Within sixty days thereafter the legislative body of a city shall submit to its qualified electors and the legislative body of a town shall submit to the electors of said town qualified to vote upon a proposition to impose a tax or for the expenditure of money the following question: ‘‘Shall a commission be appointed to frame a charter?’’ and the legislative body of any city or town shall provide by ordinance or resolution a method for the nomination and election of a charter commission to frame a charter consisting in a city of nine qualified electors and in a town of nine electors of said town qualified to vote upon a proposition to impose a tax or for the expenditure of money who shall be elected at large without party or political designation and who shall be listed alphabetically on the ballot used for said election. Such ordinance or resolution shall provide for the submission of the question and the election of the charter commission at the same time. Upon approval of the question submitted the nine candidates who individually receive the greater number of votes shall be declared elected and shall constitute the charter commission.
Section 7: Adoption of charters.
Within one year from the date of the election of the charter commission the charter framed by the commission shall be submitted to the legislative body of the city or town which body shall provide for publication of said charter and shall provide for the submission of said charter to the electors of a city or town qualified to vote for general state officers at the general election next succeeding thirty days from the date of the submission of the charter by the charter commission. If said charter is approved by a majority of said electors voting thereon, it shall become effective upon the date fixed therein.
Section 8: Amendments to charters.
The legislative body of any city or town may propose amendments to a charter which amendments shall be submitted for approval in the same manner as provided in this article for the adoption of a charter except that the same may be submitted at a special election, and provided further that in the case of a town, amendments concerning a proposition to impose a tax or for the expenditure of money, shall be submitted at a special or regular financial town meeting.
Section 9: Filing of charter
petitions to bicameral legislative bodies. Whenever the legislative body of any city or town consists of more than one branch, a petition for the adoption of a charter as provided in this article may be filed with either branch of said legislative body.
Section 10: Charter certificates
— Signing — Recordation — Deposit — Judicial notice. Duplicate certificates shall be made setting forth the charter adopted and any amendments approved and the same shall be signed by a majority of the canvassing authority; one of such certified copies shall be deposited in the office of the secretary of state and the other after having been recorded in the records of the city or town shall be deposited among the archives of the said city or town and all courts shall take judicial notice thereof.
Section 11: Judicial powers
unaffected by article. The judicial powers of the state shall not be diminished by the provisions of this article.
Article XIV: Untitled
Section 1: Procedure for
proposing and approving amendments.
Article XV: Untitled
Section 1: Rights and duties of
public bodies unaffected — Continuation of laws, ordinances, regulations and rules. The rights and duties of all public bodies shall remain as if this Constitution had not been adopted with the exception of such changes as are contained in this Constitution. All laws, ordinances, regulations and rules of court not contrary to, or inconsistent with, the provisions of this Constitution shall remain in force, until they shall expire by their own limitation or shall be altered or repealed pursuant to this Constitution.
Section 2: Validity of bonds, debts, contracts,
suits, actions, and rights of actions continued. The validity of all public and private bonds, debts and contracts, and of all suits, actions, and rights of action, shall continue as if no change had taken place.
Section 3: Continuation of office holders.
All officers filling any office by election or appointment shall continue the duties thereof, until the end of the terms to which they were appointed or elected, and until their offices shall have been abolished or their successors elected and qualified in accordance with this Constitution or laws enacted pursuant thereto.
Section 4: Implementing
legislation for Article III, Sections 7
Source: Imported from all_50_state_constitutions_FINAL.md
Last Updated: June 28, 2026
Overview
The Rhode Island Constitution of 1843 serves as the fundamental law of the state, establishing the framework for government and protecting the rights of its citizens.
History
Rhode Island was admitted to the Union on May 29, 1790.
The current constitution was adopted in 1843. State constitutions are often amended more frequently than the federal Constitution, reflecting changing needs and values of state residents.
Structure of Government
Legislative
State Legislature
Executive
Governor & Cabinet
Judicial
State Courts
Bill of Rights
Like the U.S. Constitution, the Rhode Island Constitution includes protections for individual rights and liberties. State constitutions often provide broader protections than the federal Constitution, serving as a "floor" rather than a "ceiling" for rights.