| GUAM Territory of Guam Territory of Guam (organized, unincorporated territory of the United States) Joined United Nations: 24 October 1945 Human Rights as assured by their constitution Updated 24 September 2012 |
§1421b. Bill of Rights.
(a) 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.
(b) 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.
(c) 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.
(d) 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.
(e) No person shall be deprived of life, liberty, or property without due process of law.
(f) Private property shall not be taken for public use without just compensation.
(g) 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.
(h) Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
(i) Neither slavery nor involuntary servitude, except as punishment for a crime whereof the party shall have been duly
convicted, shall exist in Guam.
(j) No bill of attainder, ex post facto law, or law impairing the obligation of contracts shall be enacted.
(k) No person shall be imprisoned for debt.
(l) 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.
(m) 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.
(n) 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.
(o) 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.
(p) 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.
(q) 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.
(r) There shall be compulsory education for all children, between the ages of six and sixteen years.
(s) No religious test shall ever be required as a qualification to any office or public trust under the government of Guam.
(t) 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 or trust or profit under
the government of Guam.
(u) 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.
(a) 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.
(b) 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.
(c) 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.
(d) 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.
(e) No person shall be deprived of life, liberty, or property without due process of law.
(f) Private property shall not be taken for public use without just compensation.
(g) 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.
(h) Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
(i) Neither slavery nor involuntary servitude, except as punishment for a crime whereof the party shall have been duly
convicted, shall exist in Guam.
(j) No bill of attainder, ex post facto law, or law impairing the obligation of contracts shall be enacted.
(k) No person shall be imprisoned for debt.
(l) 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.
(m) 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.
(n) 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.
(o) 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.
(p) 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.
(q) 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.
(r) There shall be compulsory education for all children, between the ages of six and sixteen years.
(s) No religious test shall ever be required as a qualification to any office or public trust under the government of Guam.
(t) 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 or trust or profit under
the government of Guam.
(u) 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.
Guam was colonized by Spain shortly after its discovery by Ferdinand Magellan on 6 March
1521. It was captured by the United States on 21 June 1898 during the Spanish-American
War. It was occupied on 7 December 1941 by the Japanese at the start of World War II and
recaptured by the Americans on 10 August 1944 after a bloody three week battle. Pressure
from Chamorro native leaders brought about the Guam Organic Act, declaring Guam as an
organized, unincorporated territory of the United States, in effect, a de facto constitution.
Guam citizens are likewise citizens of the United States with a non-voting member in the
House of Representatives. They do not vote for the President of the United States but do
vote for a Governor. All terms of the United States Constitution apply to citizens of Guam;
however, the Organic Act contained a Bill of Rights as well. On 12 January 1982 Guam
residents voted to elevate their status as a Commonwealth of the United States but, thus far,
have yet to achieve that status. The most recent amendment to the Organic Act was 23
February 2000. The present constitution conforms to the 1948 Universal Declaration of
Human Rights of which the United States is a signatory. Those passages specifically
relating to human rights are detailed below. For a full English translation of Guam's Organic
Act, click here.
1521. It was captured by the United States on 21 June 1898 during the Spanish-American
War. It was occupied on 7 December 1941 by the Japanese at the start of World War II and
recaptured by the Americans on 10 August 1944 after a bloody three week battle. Pressure
from Chamorro native leaders brought about the Guam Organic Act, declaring Guam as an
organized, unincorporated territory of the United States, in effect, a de facto constitution.
Guam citizens are likewise citizens of the United States with a non-voting member in the
House of Representatives. They do not vote for the President of the United States but do
vote for a Governor. All terms of the United States Constitution apply to citizens of Guam;
however, the Organic Act contained a Bill of Rights as well. On 12 January 1982 Guam
residents voted to elevate their status as a Commonwealth of the United States but, thus far,
have yet to achieve that status. The most recent amendment to the Organic Act was 23
February 2000. The present constitution conforms to the 1948 Universal Declaration of
Human Rights of which the United States is a signatory. Those passages specifically
relating to human rights are detailed below. For a full English translation of Guam's Organic
Act, click here.