Article I sets forth the basic rights of Maine citizens. The paramount importance of this Declaration of Rights is reflected in its placement in the constitution, and yet the status of Article I is paradoxical. On the one hand, until the Supreme Court of the United States (Supreme Court or Court) made most of the guarantees of the federal Bill of Rights applicable to the states (predominantly in the 1960s), the Maine Constitution’s Declaration of Rights stood as the sole bulwark against encroachments by our state government on individual freedoms, and it still...
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