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Difference between revisions of "Oklahoma Constitution"

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The '''Constitution of the State of Oklahoma''' is the governing document of [[Oklahoma]], superseded only by the Federal [[Constitution]].  Adopted in 1907, Oklahoma ratified the US Constitution on November 17, 1907, as the 46th US State. At its ratification, the Oklahoma Constitution was the longest governing document of any government in the world.
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{{OKConstitution}}{{TOCnestright}}The '''Constitution of the State of Oklahoma''' is a [[state constitution]] and the governing document of [[Oklahoma]], superseded only by the Federal Constitution.  Adopted in 1907, Oklahoma ratified the US Constitution on November 17, 1907, as the 46th US State. At its ratification, the Oklahoma Constitution was the longest governing document of any government in the world.
  
 
==History==
 
==History==
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From 1890 onward, the land that now forms the State of Oklahoma was made up of the Oklahoma Territory (to the west), and the Indian Territory (to the east). Indian Territory, as its name suggests, had a large Native American population; the territory itself had been reduced over time to its then size.
 
From 1890 onward, the land that now forms the State of Oklahoma was made up of the Oklahoma Territory (to the west), and the Indian Territory (to the east). Indian Territory, as its name suggests, had a large Native American population; the territory itself had been reduced over time to its then size.
  
The movement to secure statehood for Indian Territory began in 1902 with a convention in Eufaula, Oklahoma, consisting of representatives of the "[http://en.wikipedia.org/wiki/Five_Civilized_Tribes Five Civilized Tribes]". The representatives met again in 1903 to organize a constitutional convention.
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The movement to secure statehood for Indian Territory began in 1902 with a convention in Eufaula, Oklahoma, consisting of representatives of the "[http://en.wikipedia.org/wiki/Five_Civilized_Tribes Five Civilized Tribes]."The representatives met again in 1903 to organize a constitutional convention.
  
 
The convention drafted a constitution, drew up a plan of organization for the government, put together a map showing the counties to be established, and elected delegates to go to the United States Congress to petition for statehood. The convention's proposals were then put to a referendum in Indian Territory, in which they were overwhelmingly endorsed.
 
The convention drafted a constitution, drew up a plan of organization for the government, put together a map showing the counties to be established, and elected delegates to go to the United States Congress to petition for statehood. The convention's proposals were then put to a referendum in Indian Territory, in which they were overwhelmingly endorsed.
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The hard work of the Sequoyah State Constitutional Convention was not entirely lost, however. When representatives from Indian Territory joined the Oklahoma State Constitutional Convention in Guthrie, Oklahoma the next year, they brought their constitutional experience with them. The Sequoyah Constitution served in large part as the basis for the constitution of the State of Oklahoma, which came into being with the merger of the two territories in 1907.
 
The hard work of the Sequoyah State Constitutional Convention was not entirely lost, however. When representatives from Indian Territory joined the Oklahoma State Constitutional Convention in Guthrie, Oklahoma the next year, they brought their constitutional experience with them. The Sequoyah Constitution served in large part as the basis for the constitution of the State of Oklahoma, which came into being with the merger of the two territories in 1907.
  
==Preamble==
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==[[Preamble, Oklahoma Constitution|Preamble]]==
 
The Oklahoma Constitution Preamble reads:
 
The Oklahoma Constitution Preamble reads:
 
: ''Invoking the guidance of Almighty God, in order to secure and perpetuate the blessing of liberty; to secure just and rightful government; to promote our mutual welfare and happiness, we, the people of the State of Oklahoma, do ordain and establish this Constitution.''
 
: ''Invoking the guidance of Almighty God, in order to secure and perpetuate the blessing of liberty; to secure just and rightful government; to promote our mutual welfare and happiness, we, the people of the State of Oklahoma, do ordain and establish this Constitution.''
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===Federal Relations===
 
===Federal Relations===
  
'''Article One''' establishes how the state of Oklahoma is to relate to the United States federal government, stating that the US Constitution is the Supreme Law of the Land. By this article, religious freedom is established, polygamy is forbidden, the debts of Oklahoma Territory are acquired by the State of Oklahoma, public school are established to be taught only in English, and that suffrage shall never be revoked due to “race, color, or previous condition of servitude.”
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'''[[Article I, Oklahoma Constitution|Article One]]''' establishes how the state of Oklahoma is to relate to the United States federal government, stating that the US Constitution is the Supreme Law of the Land. By this article, religious freedom is established, polygamy is forbidden, the debts of Oklahoma Territory are acquired by the State of Oklahoma, public school are established to be taught only in English, and that suffrage shall never be revoked due to “race, color, or previous condition of servitude.”
  
 
===Bill of Rights===
 
===Bill of Rights===
  
'''Article Two''' enumerates the rights of all citizens of the State of Oklahoma. These include that all political power derives from the people, the inherent rights “to life, liberty, the pursuit of happiness, and the enjoyment of the gains of their own industry,” the right to peaceful assembly, a ban on the interference with suffrage, the definition of treason, the right to trial by jury, that marriage in the State of Oklahoma is defined as being between a man and a woman, and many others.
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'''[[Article II, Oklahoma Constitution|Article Two]]''' enumerates the rights of all citizens of the State of Oklahoma. These include that all political power derives from the people, the inherent rights “to life, liberty, the pursuit of happiness, and the enjoyment of the gains of their own industry,” the right to peaceful assembly, a ban on the interference with suffrage, the definition of treason, the right to trial by jury, that marriage in the State of Oklahoma is defined as being between a man and a woman, and many others.
  
 
===Suffrage===
 
===Suffrage===
</td><td>
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'''Article Three''' deals with suffrage in the State of Oklahoma. All peoples of the age of 18 are qualified electors in the state and a State Elector Board is established charged with the supervision of such elections as the Legislature shall direct. No elector in Oklahoma may vote in any election unless previously registered to do so with the state, and all elections must be “free and equal,” as no “power, civil or military, shall ever interfere to prevent the free exercise of the right of suffrage,” and “electors shall be privileged from arrest during their attendance on elections and while going to and from the same” except in cases of treason against the state.
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'''[[Article III, Oklahoma Constitution|Article Three]]''' deals with suffrage in the State of Oklahoma. All peoples of the age of 18 are qualified electors in the state and a State Elector Board is established charged with the supervision of such elections as the Legislature shall direct. No elector in Oklahoma may vote in any election unless previously registered to do so with the state, and all elections must be “free and equal,” as no “power, civil or military, shall ever interfere to prevent the free exercise of the right of suffrage,” and “electors shall be privileged from arrest during their attendance on elections and while going to and from the same” except in cases of treason against the state.
</td></tr></table>
+
  
 
===Separation of Powers===
 
===Separation of Powers===
</td><td>
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'''Article Four''' established the [[Government of Oklahoma]] under the doctrine of [[separation of powers]] and reads:
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'''[[Article IV, Oklahoma Constitution|Article Four]]''' established the Government of Oklahoma under the doctrine of separation of powers and reads:
 
:''The powers of the government of the State of Oklahoma shall be divided into three separate departments: The Legislative, Executive, and Judicial; and except as provided in this Constitution, the Legislative, Executive, and Judicial departments of government shall be separate and distinct, and neither shall exercise the powers properly belonging to either of the others. ''
 
:''The powers of the government of the State of Oklahoma shall be divided into three separate departments: The Legislative, Executive, and Judicial; and except as provided in this Constitution, the Legislative, Executive, and Judicial departments of government shall be separate and distinct, and neither shall exercise the powers properly belonging to either of the others. ''
</td></tr></table>
 
  
 
===Legislative power===
 
===Legislative power===
{{main|Oklahoma Legislature}}
+
 
</td><td>
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'''[[Article V, Oklahoma Constitution|Article Five]]''' establishes the legislative branch of government, which includes the Oklahoma House of Representatives and the Oklahoma Senate. The Article establishes the manner of election and qualifications of members of each House. In addition, it provides for free debate in congress and limits self-serving behavior of congressmen, outlines legislative procedure and indicates the powers of the legislative branch.
'''Article Five''' establishes the [[legislature|legislative branch]] of government, [[Oklahoma Legislature]], which includes the [[Oklahoma House of Representatives|House of Representatives]] and the [[Oklahoma Senate|Senate]]. The Article establishes the manner of election and qualifications of members of each House. In addition, it provides for free debate in congress and limits self-serving behavior of congressmen, outlines legislative procedure and indicates the powers of the legislative branch.
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</td></tr></table>
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===Executive power===
 
===Executive power===
{{main|Governor of Oklahoma}}
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</td><td>
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'''[[Article VI, Oklahoma Constitution|Article Six]]''' describes the governorship: procedures for the selection of the governor, qualifications for office, the oath to be affirmed and the powers and duties of the office. It also provides for the office of [[Lieutenant Governor of Oklahoma|Lieutenant Governor]], and specifies that the Lieutenant Governor succeeds to the governorship if the Governor is incapacitated, dies, or resigns. Other executive offices and departments created in the article are the [[Oklahoma Secretary of State|Secretary of State]], the [[Attorney General of Oklahoma|Attorney General]], the [[Treasurer of Oklahoma|State Treasurer]], the [[Oklahoma State Auditor and Inspector|State Auditor and Inspector]], the [[Oklahoma Superintendent of Public Instruction|State Superintendent of Public Instruction]], the [[Oklahoma Commissioner of Insurance|Insurance Commissioner]], the [[Oklahoma Commissioner of Labor|Commissioner of Labor]], the Department of Mines, the Board of Agriculture, and the Commissioners of the Land Office.
'''Article Six''' describes the [[Governor of Oklahoma|governorship]] (the [[executive branch]]): procedures for the selection of the governor, qualifications for office, the oath to be affirmed and the powers and duties of the office. It also provides for the office of [[Lieutenant Governor of Oklahoma]], and specifies that the Lieutenant Governor succeeds to the governorship if the Governor is incapacitated, dies, or resigns. Other executive offices and departments created in the article are the [[Secretary of State of Oklahoma|Secretary of State]], the [[Attorney General of Oklahoma|Attorney General]], the [[State Treasurer of Oklahoma|State Treasurer]], the [[Oklahoma State Auditor and Inspector|State Auditor and Inspector]], the [[Oklahoma State Superintendent of Public Instruction|State Superintendent of Public Instruction]], the [[Oklahoma Insurance Commissioner|Insurance Commissioner]], the [[Oklahoma Commissioner of Labor|Commissioner of Labor]], the Department of Mines, the Board of Agriculture, and the Commissioners of the Land Office.
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</td></tr></table>
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===Judicial power===
 
===Judicial power===
{{main|Oklahoma Court System}}
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</td><td>
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'''[[Article VII, Oklahoma Constitution|Article Seven]]''' describes the court system, including the [[Oklahoma Supreme Court|Supreme Court]]. The article ''requires'' that there be one court called the Supreme Court; the Legislature, at its discretion, can create lower courts, whose judgments and orders are reviewable by the Supreme Court. However the Article dose created a few lower courts or provides for how such lower courts shall be organized. Article Seven also creates the Oklahoma Court on the Judiciary (charged with reviewing Justices and Judges), designates how Justices and Judges are selected, and how and under what circumstances Justices and Judges are removed from office,
'''Article Seven''' describes the court system (the [[judicial branch]]), including the [[Oklahoma Supreme Court|Supreme Court]]. The article ''requires'' that there be one court called the Supreme Court; the Legislature, at its discretion, can create lower courts, whose judgments and orders are reviewable by the Supreme Court. However the Article dose created a few lower courts or provides for how such lower courts shall be organized. Article Seven also creates the [[Oklahoma Court on the Judiciary]] (charged with reviewing Justices and Judges), designates how Justices and Judges are selected, and how and under what circumstances Justices and Judges are removed from office,
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</td></tr></table>
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===Impeachment===
 
===Impeachment===
</td><td>
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'''Article Eight''' states that all state elected offices, including Supreme Court Justices, are subject to impeachment for wilful neglect of duty, corruption in office, habitual drunkenness, incompetency, or any offense involving moral turpitude committed while in office. The [[Oklahoma House of Representatives]] must bring the charges against the individual with the [[Oklahoma Senate]] serving as the '''Court on Impeachment''', with the [[Oklahoma Supreme Court|Chief Justice of Oklahoma]] serving as the court's [[judge]]. If charged with impeachment and found guilty, the official’s term is immediately suspended.  
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'''[[Article VIII, Oklahoma Constitution|Article Eight]]''' states that all state elected offices, including Supreme Court Justices, are subject to impeachment for wilful neglect of duty, corruption in office, habitual drunkenness, incompetency, or any offense involving moral turpitude committed while in office. The Oklahoma House of Representatives must bring the charges against the individual with the Oklahoma Senate serving as the '''Court on Impeachment''', with the [[Oklahoma Supreme Court|Chief Justice of Oklahoma]] serving as the court's judge. If charged with impeachment and found guilty, the official’s term is immediately suspended.
</td></tr></table>
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===Remaining Articles===
 
===Remaining Articles===
</td><td>
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*Article Nine - Corporations
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*[[Article IX, Oklahoma Constitution|Article Nine - Corporations]]
*Article Ten - Taxes and Revenue in General
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*[[Article X, Oklahoma Constitution|Article Ten - Taxes and Revenue in General]]
*Article Eleven - State and School Lands
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*[[Article XI, Oklahoma Constitution|Article Eleven - State and School Lands]]
*Article Twelve - Homestead and Exemptions
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*[[Article XII, Oklahoma Constitution|Article Twelve - Homestead and Exemptions]]
**Article Twelve A - Homestead Exemption From Taxation
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**[[Article XIIA, Oklahoma Constitution|Article Twelve A - Homestead Exemption From Taxation]]
*Article Thirteen - Education
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*[[Article XIII, Oklahoma Constitution|Article Thirteen - Education]]
**Article Thirteen A - Oklahoma State System of Higher Education
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**[[Article XIIIA, Oklahoma Constitution|Article Thirteen A - Oklahoma State System of Higher Education]]
**Article Thirteen B - Board of Regents of Oklahoma Colleges
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**[[Article XIIIB, Oklahoma Constitution|Article Thirteen B - Board of Regents of Oklahoma Colleges]]
*Article Fourteen - Banks and Banking
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*[[Article XIV, Oklahoma Constitution|Article Fourteen - Banks and Banking]]
*Article Fifteen - Oath of Office
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*[[Article XV, Oklahoma Constitution|Article Fifteen - Oath of Office]]
*Article Sixteen - Public Roads
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*[[Article XVI, Oklahoma Constitution|Article Sixteen - Public Roads]]
*Article Seventeen - Counties
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*[[Article XVII, Oklahoma Constitution|Article Seventeen - Counties]]
*Article Eighteen - Municipal Corporations
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*[[Article XVIII, Oklahoma Constitution|Article Eighteen - Municipal Corporations]]
*Article Nineteen - Insurance
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*[[Article XIX, Oklahoma Constitution|Article Nineteen - Insurance]]
*Article Twenty - Manufacture and Commerce
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*[[Article XX, Oklahoma Constitution|Article Twenty - Manufacture and Commerce]]
*Article Twenty-one - Public Institutions
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*[[Article XXI, Oklahoma Constitution|Article Twenty-one - Public Institutions]]
*Article Twenty-two - Alien and Corporate Ownership of Lands
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*[[Article XXII, Oklahoma Constitution|Article Twenty-two - Alien and Corporate Ownership of Lands]]
*Article Twenty-three - Miscellaneous
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*[[Article XXIII, Oklahoma Constitution|Article Twenty-three - Miscellaneous]]
*Article Twenty-four - Constitutional Amendments
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*[[Article XXIV, Oklahoma Constitution|Article Twenty-four - Constitutional Amendments]]
*Article Twenty-five - Social Security
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*[[Article XXV, Oklahoma Constitution|Article Twenty-five - Social Security]]
*Article Twenty-six - Department of Wildlife Conservation
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*[[Article XXVI, Oklahoma Constitution|Article Twenty-six - Department of Wildlife Conservation]]
 
*Article Twenty-seven - Oklahoma Alcoholic Beverage Control Board (repealed)
 
*Article Twenty-seven - Oklahoma Alcoholic Beverage Control Board (repealed)
*Article Twenty-eight - Alcoholic Beverage Laws And Enforcement
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*[[Article XXVIII, Oklahoma Constitution|Article Twenty-eight - Alcoholic Beverage Laws And Enforcement]]
*Article Twenty-nine - Ethics Commission
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*[[Article XXIX, Oklahoma Constitution|Article Twenty-nine - Ethics Commission]]
  
 
The final section of the Oklahoma Constitution deals with laws and other ordinances in place in the Territory of Oklahoma before its admission to the Union in 1907.
 
The final section of the Oklahoma Constitution deals with laws and other ordinances in place in the Territory of Oklahoma before its admission to the Union in 1907.
</td></tr></table>
 
  
 
==Section Attestations==
 
==Section Attestations==
Line 109: Line 99:
 
:::'''''John McLain Young''', Secretary''
 
:::'''''John McLain Young''', Secretary''
  
==See also==
 
* [[Oklahoma]]
 
  
 
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==External links==
==External link==
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{{wikipedia}}
 
*[http://www.oscn.net/applications/oscn/index.asp?ftdb=STOKCN&level=1 Oklahoma Constitution on the Internet]
 
*[http://www.oscn.net/applications/oscn/index.asp?ftdb=STOKCN&level=1 Oklahoma Constitution on the Internet]
 
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*[http://www.ocpathink.org/publications/perspective-archives/october-volume-15-number-10/?module=perspective&id=2199 OCPA, ''"Reforming Oklahoma's Constitution"'' by Andrew Spiropoulos, Oct 3, 2008]
[[Category:State constitutions of the United States]]
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{{Oklahoma Constitution}}
 +
{{State constitutions}}
 +
{{Oklahoma}}
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{{cons update}}

Revision as of 13:59, 1 June 2012

Oklahoma Constitution
675px-Flag of Oklahoma.svg.png
Articles
PreambleIIIIIIIVVVIVIIVIIAVIIBVIIIIXXXIXIIXIIAXIIIXIIIAXIIIBXIVXVXVIXVIIXVIIIXIXXXXXIXXIIXXIIIXXIVXXVXXVIXXVIIIXXIXSchedule
The Constitution of the State of Oklahoma is a state constitution and the governing document of Oklahoma, superseded only by the Federal Constitution. Adopted in 1907, Oklahoma ratified the US Constitution on November 17, 1907, as the 46th US State. At its ratification, the Oklahoma Constitution was the longest governing document of any government in the world.

History

From 1890 onward, the land that now forms the State of Oklahoma was made up of the Oklahoma Territory (to the west), and the Indian Territory (to the east). Indian Territory, as its name suggests, had a large Native American population; the territory itself had been reduced over time to its then size.

The movement to secure statehood for Indian Territory began in 1902 with a convention in Eufaula, Oklahoma, consisting of representatives of the "Five Civilized Tribes."The representatives met again in 1903 to organize a constitutional convention.

The convention drafted a constitution, drew up a plan of organization for the government, put together a map showing the counties to be established, and elected delegates to go to the United States Congress to petition for statehood. The convention's proposals were then put to a referendum in Indian Territory, in which they were overwhelmingly endorsed.

The delegation received a cool reception in Washington, D.C. Eastern politicians, fearing the admission of two more Western states, and no doubt unwilling to admit an "Indian" state, put pressure on the President, Theodore Roosevelt, who finally ruled that the Indian and Oklahoma Territories would be granted statehood only as a combined state.

The hard work of the Sequoyah State Constitutional Convention was not entirely lost, however. When representatives from Indian Territory joined the Oklahoma State Constitutional Convention in Guthrie, Oklahoma the next year, they brought their constitutional experience with them. The Sequoyah Constitution served in large part as the basis for the constitution of the State of Oklahoma, which came into being with the merger of the two territories in 1907.

Preamble

The Oklahoma Constitution Preamble reads:

Invoking the guidance of Almighty God, in order to secure and perpetuate the blessing of liberty; to secure just and rightful government; to promote our mutual welfare and happiness, we, the people of the State of Oklahoma, do ordain and establish this Constitution.

Article of the Constitution

The remainder of the constitution consists of twenty-nine articles, with the first eight pertaining to the state’s government.

Federal Relations

Article One establishes how the state of Oklahoma is to relate to the United States federal government, stating that the US Constitution is the Supreme Law of the Land. By this article, religious freedom is established, polygamy is forbidden, the debts of Oklahoma Territory are acquired by the State of Oklahoma, public school are established to be taught only in English, and that suffrage shall never be revoked due to “race, color, or previous condition of servitude.”

Bill of Rights

Article Two enumerates the rights of all citizens of the State of Oklahoma. These include that all political power derives from the people, the inherent rights “to life, liberty, the pursuit of happiness, and the enjoyment of the gains of their own industry,” the right to peaceful assembly, a ban on the interference with suffrage, the definition of treason, the right to trial by jury, that marriage in the State of Oklahoma is defined as being between a man and a woman, and many others.

Suffrage

Article Three deals with suffrage in the State of Oklahoma. All peoples of the age of 18 are qualified electors in the state and a State Elector Board is established charged with the supervision of such elections as the Legislature shall direct. No elector in Oklahoma may vote in any election unless previously registered to do so with the state, and all elections must be “free and equal,” as no “power, civil or military, shall ever interfere to prevent the free exercise of the right of suffrage,” and “electors shall be privileged from arrest during their attendance on elections and while going to and from the same” except in cases of treason against the state.

Separation of Powers

Article Four established the Government of Oklahoma under the doctrine of separation of powers and reads:

The powers of the government of the State of Oklahoma shall be divided into three separate departments: The Legislative, Executive, and Judicial; and except as provided in this Constitution, the Legislative, Executive, and Judicial departments of government shall be separate and distinct, and neither shall exercise the powers properly belonging to either of the others.

Legislative power

Article Five establishes the legislative branch of government, which includes the Oklahoma House of Representatives and the Oklahoma Senate. The Article establishes the manner of election and qualifications of members of each House. In addition, it provides for free debate in congress and limits self-serving behavior of congressmen, outlines legislative procedure and indicates the powers of the legislative branch.

Executive power

Article Six describes the governorship: procedures for the selection of the governor, qualifications for office, the oath to be affirmed and the powers and duties of the office. It also provides for the office of Lieutenant Governor, and specifies that the Lieutenant Governor succeeds to the governorship if the Governor is incapacitated, dies, or resigns. Other executive offices and departments created in the article are the Secretary of State, the Attorney General, the State Treasurer, the State Auditor and Inspector, the State Superintendent of Public Instruction, the Insurance Commissioner, the Commissioner of Labor, the Department of Mines, the Board of Agriculture, and the Commissioners of the Land Office.

Judicial power

Article Seven describes the court system, including the Supreme Court. The article requires that there be one court called the Supreme Court; the Legislature, at its discretion, can create lower courts, whose judgments and orders are reviewable by the Supreme Court. However the Article dose created a few lower courts or provides for how such lower courts shall be organized. Article Seven also creates the Oklahoma Court on the Judiciary (charged with reviewing Justices and Judges), designates how Justices and Judges are selected, and how and under what circumstances Justices and Judges are removed from office,

Impeachment

Article Eight states that all state elected offices, including Supreme Court Justices, are subject to impeachment for wilful neglect of duty, corruption in office, habitual drunkenness, incompetency, or any offense involving moral turpitude committed while in office. The Oklahoma House of Representatives must bring the charges against the individual with the Oklahoma Senate serving as the Court on Impeachment, with the Chief Justice of Oklahoma serving as the court's judge. If charged with impeachment and found guilty, the official’s term is immediately suspended.

Remaining Articles

The final section of the Oklahoma Constitution deals with laws and other ordinances in place in the Territory of Oklahoma before its admission to the Union in 1907.

Section Attestations

The Oklahoma Constitution ends with the officers and delegates to the Constitutional Convention signing the documents. It reads:

Done in open Convention at the City of Guthrie, in the Territory of Oklahoma, on this, the sixteenth day of July, in the year of our Lord one thousand nine hundred and seven, and the Independence of the United States of America one hundred and thirty-first.
  • John McLain Young, Secretary.
  • William H. Murray, President of the Constitutional Convention of the proposed State of Oklahoma and Delegate from District No. 104.
  • Pete Hanraty, Vice President
  • Chas. H. Filson, Secretary of Oklahoma.
  • Albert H. Ellis, Second Vice President and Delegate 14" District.

Territory of Oklahoma, Logan County:

I, Wm. H. Murray, President of the Constitutional Convention of the proposed State of Oklahoma, do hereby certify that the within and foregoing is the original parchment enrollment of the Constitution and the several articles thereof adopted by the Constitutional Convention of the proposed State of Oklahoma, to be submitted to the people of the proposed State of Oklahoma for ratification, and that all the interlineations therein contained and all the erasures and words stricken out, were made and done before the same was signed by the President, the Vice-Presidents, and the members of said Convention.
Witness my hand this the sixteenth day of July, A. D., Nineteen Hundred and Seven.
William H. Murry, President of the Constitutional Convention of the proposed State of Oklahoma
John McLain Young, Secretary


External links

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