No free man shall be taken or imprisoned, or disseised, or outlawed, or exiled, or in any way destroyed; nor shall we go upon him, nor send upon him, except by the lawful judgment of his peers or by the law of the land.

Explanation

The foundational restraint on all government power over the person. Due process of law — not legislative will — is the only lawful mechanism.

Where this applies

• A county sheriff arrests a man at his home and holds him in jail for three weeks without ever charging him with a crime or bringing him before a judge — the man's liberty was taken without the lawful judgment of his peers or the law of the land.
• A city code enforcement officer condemns and demolishes a family's shed without any prior notice, hearing, or opportunity to contest — the family's property was destroyed without due process.
• A state agency revokes a farmer's water rights by administrative letter, with no hearing and no appeal process offered — the farmer was disseised of his property interest without lawful judgment.

See also

• 2.3.1 Liberty is the natural power of doing whatever one pleases, except that which is restrained by law or force.
• 8.2.1 To questions of fact judges do not answer; to questions of law the jury does not answer.