Difference between revisions of "Oregon Constitution"

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{{ORConstitution}}{{TOCnestright}}The '''Oregon Constitution''' is a [[state constitution]], the governing document of [[Oregon]]. It was ratified on November 9, 1857, and took effect when Oregon achieved statehood on February 14, 1859.
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{{ORConstitution}}{{TOCnestright}}The '''Oregon Constitution''' is the basic governing document of the state of [[Oregon]]. It was ratified on November 9, 1857, and took effect when Oregon achieved statehood on February 14, 1859.
  
==Difference from federal==
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==Features==
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The Oregon Constitution contains fundamental laws outlining principles by which Oregon is governed.  It consists of a preamble and 18 articles.<ref name="or"/>
  
The Oregon Constitution is easier to amend than its federal counterpart. Amending the U.S. Constitution requires a two-thirds vote in Congress and ratification by three fourths of the states.  Oregon only requires a simple majority to vote in favor of an amendment once it has been referred to the voters either by a simple majority of the legislature or through an [[Ballot initiative|initiative]] petition.  In the case of a petition, signatures of 8% of the number of voters participating in the last governor's election are required to get it on the ballot, a third higher than the 6% required for a change in statute.
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The right to free speech in Oregon is broader than that enjoyed at the federal level. [[Article I, Oregon Constitution#Section 8|Article I, Section 8]] states:
  
The right to free speech in Oregon is broader than that enjoyed at the federal level.  [[Article I, Oregon Constitution#Section 8|Article I, Section 8]] says:
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{{quote|''No law shall be passed restraining the free expression of opinion, or restricting the right to speak, write, or print freely on any subject whatever; but every person shall be responsible for the abuse of this right.''<ref name="or"/>}}
  
:''No law shall be passed restraining the free expression of opinion, or restricting the right to speak, write, or print freely on any subject whatever; but every person shall be responsible for the abuse of this right.''
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The [[Oregon Supreme Court]] has cited this right against parts of Oregon's disorderly conduct statute, against content-based restrictions on billboards and murals and against laws restricting the sale of pornography.
  
The [[Oregon Supreme Court]] has cited this right against parts of Oregon's disorderly conduct statute, against content-based restrictions on billboards and murals, and against laws restricting the sale of pornography.
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==[[Preamble, Oregon Constitution|Preamble]]==
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: ''See also: [[Preambles to state constitutions]]''
  
==Article I==
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The preamble to the Oregon Constitution states:
[[Article I, Oregon Constitution|Article I]] of the state's constitution is a bill of rights for its citizens.  As of 2009, it addresses the following topics:
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#Natural rights inherent in people
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{| style="width:40%; background:#F2F2F2; margin-top:.1em; border:.5px solid #cccccc; solid;"
#Freedom of worship
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|color:#000"|
#Freedom of religion
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|-
#No religious qualification for office
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|
#No money to be appropriated for religion
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| <center>''We the people of the State of Oregon to the end that Justice be established, order maintained, and liberty perpetuated, do ordain this Constitution.''<ref name="or">[https://www.oregonlegislature.gov/bills_laws/Pages/OrConst.aspx ''Oregon State Legislature'', "Constitution of Oregon," accessed March 30, 2014]</ref></center>
#No religious test for witnesses or jurors
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|}
#Manner of administering oath or affirmation
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#Freedom of speech and freedom of the press
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#Unreasonable searches or seizures
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#Administration of justice
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#Rights of Accused in Criminal Prosecution (amended 1932, 1934
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#Double jeopardy; compulsory self-incrimination
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#Treatment of arrested or confined persons
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#Bailable offenses
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#Foundation principles of criminal law (amended 1996)
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#Excessive bail and fines; cruel and unusual punishments; power of jury in criminal case
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#Jury trial in civil cases
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#Private property or services taken for public use (amended 1920, 1924)
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#Imprisonment for debt
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#Equality of privileges and immunities of citizens
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#Ex-post facto laws; laws impairing contracts; laws depending on authorization in order to take effect; laws submitted to electors
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#Suspension of operation of laws
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#Habeas corpus
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#Treason
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#Corruption of blood or forfeiture of estate
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#Assemblages of people; instruction of representatives; application to legislature
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#Right to bear arms; military subordinate to civil power
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#Quartering soldiers
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#Titles of nobility; hereditary distinctions
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#Emigration
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#Rights of aliens; immigration to state (repealed 1970)
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#Taxes and duties; uniformity of taxation (amended 1917)
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#Enumeration of rights not exclusive
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#Slavery or involuntary servitude
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#Restrictions on rights of certain persons (repealed 1926)
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#Liquor prohibition (adopted 1914, repealed 1933); Prohibition of importation of liquors (adopted 1916, repealed 1933); Capital punishment (adopted 1914, repealed 1920)
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#Penalty for murder in first degree (adopted 1920, repealed 1964)
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#Laws abrogated by amendment abolishing death penalty revived (adopted 1920, repealed 1964)
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#Sale of liquor by individual glass (adopted 1952)
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#Penalty for aggravated murder (adopted 1984)
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#Work and training for corrections institution inmates; work programs; limitations; duties of corrections director (adopted 1994; amended 1997, 1999)
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#Rights of victim in criminal prosecutions and juvenile court delinquency proceedings (adopted 1999)
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#Rights of victim and public to protection from accused person during criminal proceedings; denial of pretrial release (adopted 1999)
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#Term of imprisonment imposed by court to be fully served; exceptions (adopted 1999)
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#Person convicted of certain crimes not eligible to serve as juror on grand jury or trial jury in criminal case (adopted 1999)
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==Other articles==
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==[[Article I, Oregon Constitution|Article I: Bill of Rights]]==
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Article I of the Oregon Constitution is entitled "Bill of Rights" and consists of 46 sections.
  
* [[Article II, Oregon Constitution|II: Suffrage and Elections]]
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==[[Article II, Oregon Constitution|Article II: Suffrage and Elections]]==
* [[Article III, Oregon Constitution|III: Distribution of Powers]]
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Article II of the Oregon Constitution is entitled "Suffrage and Elections" and consists of 22 sections.
* [[Article IV, Oregon Constitution|IV: Legislative Department]]
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:''([[Article IV, Oregon Constitution#Section 1|Section 1 Legislative power; initiative and referendum]])''
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* [[Article V, Oregon Constitution|V: Executive Department]]
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* [[Article VI, Oregon Constitution|VI: Administrative Department]]
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* [[Article VII, Oregon Constitution|VII: Judicial Department]]
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* [[Article VIII, Oregon Constitution|VIII: Education and School Lands]]
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* [[Article IX, Oregon Constitution|IX: Finance]]
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* [[Article X, Oregon Constitution|X: The Militia]]
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* [[Article XI, Oregon Constitution|XI: Corporations and Internal Improvements]]
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* [[Article XII, Oregon Constitution|XII: State Printing]]
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* [[Article XIII, Oregon Constitution|XIII: Salaries (repealed 1956)]]
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* [[Article XIV, Oregon Constitution|XIV: Seat of Government]]
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* [[Article XV, Oregon Constitution|XV: Miscellaneous]]
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* [[Article XVI, Oregon Constitution|XVI: Boundaries]]
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* [[Article XVII, Oregon Constitution|XVII: Amendments and Revisions]]
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* [[Article XVIII, Oregon Constitution|XVIII: Schedule]]
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==Amending the constitution==
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==[[Article III, Oregon Constitution|Article III: Distribution of Powers]]==
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Article III of the Oregon Constitution is entitled "Distribution of Powers" and consists of four sections.
  
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==[[Article IV, Oregon Constitution|Article IV: Legislative Department]]==
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Article IV of the Oregon Constitution is entitled "Legislative Department" and consists of 33 sections.
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==[[Article V, Oregon Constitution|Article V: Executive Department]]==
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Article V of the Oregon Constitution is entitled "Executive Department" and consists of 18 sections.
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==[[Article VI, Oregon Constitution|Article VI: Administrative Department]]==
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Article VI of the Oregon Constitution is entitled "Administrative Department" and consists of 11 sections.
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==[[Article VII, Oregon Constitution|Article VII: Judicial Department]]==
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Article VII of the Oregon Constitution is entitled "Judicial Department" and consists of 13 sections.
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==[[Article VIII, Oregon Constitution|Article VIII: Education and School Lands]]==
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Article VIII of the Oregon Constitution is entitled "Education and School Lands" and consists of eight sections.
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==[[Article IX, Oregon Constitution|Article IX: Finance]]==
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Article IX of the Oregon Constitution is entitled "Finance" and consists of 20 sections.
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==[[Article X, Oregon Constitution|Article X: The Militia]]==
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Article X of the Oregon Constitution is entitled "The Militia" and consists of three sections.
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==[[Article XI, Oregon Constitution|Article XI: Corporations and Internal Improvements]]==
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Article XI of the Oregon Constitution is entitled "Corporations and Internal Improvements" and consists of 20 sections.
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==[[Article XII, Oregon Constitution|Article XII: State Printing]]==
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Article XII of the Oregon Constitution is entitled "State Printing" and consists of one sections.
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==[[Article XIII, Oregon Constitution|Article XIII: Salaries]]==
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Article XIII of the Oregon Constitution is entitled "Salaries" and consists of one section, which was repealed.
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''Repealed in 1956.''
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==[[Article XIV, Oregon Constitution|Article XIV: Seat of Government]]==
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Article XIV of the Oregon Constitution is entitled "Seat of Government" and consists of two sections.
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==[[Article XV, Oregon Constitution|Article XV: Miscellaneous]]==
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Article XV of the Oregon Constitution is entitled "Miscellaneous" and consists of sixteen sections.
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==[[Article XVI, Oregon Constitution|Article XVI: Boundaries]]==
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Article XVI of the Oregon Constitution is entitled "Boundaries" and consists of one section.
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==[[Article XVII, Oregon Constitution|Article XVII: Amendments and Revisions]]==
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Article XVII of the Oregon Constitution is entitled "Amendments and Revisions" and consists of two sections.
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==[[Article XVIII, Oregon Constitution|Article XVIII: Schedule]]==
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Article XVIII of the Oregon Constitution is entitled "Schedule" and consists of eleven sections.
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==Amending the constitution==
 
:: ''See also: [[Article IV, Oregon Constitution#Section 1|Section 1, Article IV, Oregon Constitution]] and [[Article XVII, Oregon Constitution]]''
 
:: ''See also: [[Article IV, Oregon Constitution#Section 1|Section 1, Article IV, Oregon Constitution]] and [[Article XVII, Oregon Constitution]]''
  
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'''3.''' [[Article XVII, Oregon Constitution#Section 1|Section 1 of Article XVIII]] also addresses how a [[constitutional convention]] can be held but only in the negative by saying "No convention shall be called to amend or propose amendments to this Constitution, or to propose a new Constitution, unless the law providing for such convention shall first be approved by the people on a referendum vote at a regular general election."  What is left undefined is how the question of whether to hold a convention can come before the people in the first place:  Can citizens petition under [[Article IV, Oregon Constitution|Article IV]] to put it on the ballot?  Can the state legislature vote to put it on the ballot?
 
'''3.''' [[Article XVII, Oregon Constitution#Section 1|Section 1 of Article XVIII]] also addresses how a [[constitutional convention]] can be held but only in the negative by saying "No convention shall be called to amend or propose amendments to this Constitution, or to propose a new Constitution, unless the law providing for such convention shall first be approved by the people on a referendum vote at a regular general election."  What is left undefined is how the question of whether to hold a convention can come before the people in the first place:  Can citizens petition under [[Article IV, Oregon Constitution|Article IV]] to put it on the ballot?  Can the state legislature vote to put it on the ballot?
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==History==
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The Oregon Constitution was framed by a [[constitutional convention]] of 60 delegates chosen by the people. The convention met on the third Monday in August 1857 and adjourned on September 18 of the same year. On November 9, 1857, the constitution was approved by the vote of the people of Oregon Territory. The Act of [[Congress]] admitting Oregon into the Union was approved February 14, 1859, and on that date, the Oregon Constitution went into effect.<ref name="or"/>
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==See also==
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[[File:StateConstitutions Ballotpedia.jpg|right|175px]]
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* [[State constitution]]
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* [[Constitutional article]]
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* [[Constitutional amendment]]
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* [[Constitutional revision]]
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* [[Constitutional convention]]
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* [[Amendment|Amendments]]
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** [[Initiated constitutional amendment]]
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** [[Legislatively-referred constitutional amendment]]
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** [[Publication requirements for proposed state constitutional amendments]]
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** [[Rules about constitutional conventions in state constitutions]]
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** [[State constitutional articles governing state legislatures]]
  
 
==External links==
 
==External links==
{{wikipedia}}
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{{submit a link}}
*[http://www.leg.state.or.us/orcons/home.html Constitution of Oregon] from the Oregon State Legislature
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*[https://www.oregonlegislature.gov/bills_laws/Pages/OrConst.aspx ''Oregon State Legislature'', "Constitution of Oregon"]
*[http://bluebook.state.or.us/state/constitution/constitution.htm History of the constitution] from the Oregon Blue Book (includes link to printable copy)
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*[http://bluebook.state.or.us/state/constitution/constitution.htm ''State of Oregon Blue Book'', "Constitution of Oregon: 2011 Version"]
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==Additional reading==
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*[http://books.google.com/books?id=n8aMn4CxknsC&printsec=frontcover&dq=oregon+constitution+history+book&hl=en&sa=X&ei=SBY_U7y9B6PYyAG3r4C4CQ&ved=0CFoQ6AEwBQ#v=onepage&q=oregon%20constitution%20history%20book&f=false Johnson, David Alan. (1992). ''Founding the Far West: California, Oregon, and Nevada, 1840-1890'', Berkley, California: University of California Press]
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*[http://books.google.com/books?id=nfoXAAAAYAAJ&printsec=frontcover&dq=oregon+constitution+history+book&hl=en&sa=X&ei=SBY_U7y9B6PYyAG3r4C4CQ&ved=0CGAQ6AEwBg#v=onepage&q=oregon%20constitution%20history%20book&f=false Carey, Charles Henry. (1922). ''History of Oregon'', Portland, Oregon: The Pioneer Historical Publishing Company]
  
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==References==
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{{reflist}}
  
Portions of this article have been adapted from [http://en.wikipedia.org/wiki/ Wikipedia], the free encyclopedia. Copyright Notice can be found [http://en.wikipedia.org/wiki/Wikipedia:Copyrights here].
 
 
{{Oregon Constitution}}
 
{{Oregon Constitution}}
 
{{State constitutions}}
 
{{State constitutions}}
 
{{Oregon}}
 
{{Oregon}}

Revision as of 15:35, 4 April 2014

Oregon Constitution
Flag of Oregon.png
Articles
PreambleIIIIIIIVVVIVIIVIIIIXXX-AXIXI-AXI-BXI-CXI-DXI-EXI-F(1)XI-F(2)XI-GXI-HXI-I(1)XI-I(2)XI-JXI-KXI-LXI-MXI-NXI-OXI-PXIIXIIIXIVXVXVIXVIIXVIII
The Oregon Constitution is the basic governing document of the state of Oregon. It was ratified on November 9, 1857, and took effect when Oregon achieved statehood on February 14, 1859.

Features

The Oregon Constitution contains fundamental laws outlining principles by which Oregon is governed. It consists of a preamble and 18 articles.[1]

The right to free speech in Oregon is broader than that enjoyed at the federal level. Article I, Section 8 states:

No law shall be passed restraining the free expression of opinion, or restricting the right to speak, write, or print freely on any subject whatever; but every person shall be responsible for the abuse of this right.[1][2]

The Oregon Supreme Court has cited this right against parts of Oregon's disorderly conduct statute, against content-based restrictions on billboards and murals and against laws restricting the sale of pornography.

Preamble

See also: Preambles to state constitutions

The preamble to the Oregon Constitution states:

We the people of the State of Oregon to the end that Justice be established, order maintained, and liberty perpetuated, do ordain this Constitution.[1]

Article I: Bill of Rights

Article I of the Oregon Constitution is entitled "Bill of Rights" and consists of 46 sections.

Article II: Suffrage and Elections

Article II of the Oregon Constitution is entitled "Suffrage and Elections" and consists of 22 sections.

Article III: Distribution of Powers

Article III of the Oregon Constitution is entitled "Distribution of Powers" and consists of four sections.

Article IV: Legislative Department

Article IV of the Oregon Constitution is entitled "Legislative Department" and consists of 33 sections.

Article V: Executive Department

Article V of the Oregon Constitution is entitled "Executive Department" and consists of 18 sections.

Article VI: Administrative Department

Article VI of the Oregon Constitution is entitled "Administrative Department" and consists of 11 sections.

Article VII: Judicial Department

Article VII of the Oregon Constitution is entitled "Judicial Department" and consists of 13 sections.

Article VIII: Education and School Lands

Article VIII of the Oregon Constitution is entitled "Education and School Lands" and consists of eight sections.

Article IX: Finance

Article IX of the Oregon Constitution is entitled "Finance" and consists of 20 sections.

Article X: The Militia

Article X of the Oregon Constitution is entitled "The Militia" and consists of three sections.

Article XI: Corporations and Internal Improvements

Article XI of the Oregon Constitution is entitled "Corporations and Internal Improvements" and consists of 20 sections.

Article XII: State Printing

Article XII of the Oregon Constitution is entitled "State Printing" and consists of one sections.

Article XIII: Salaries

Article XIII of the Oregon Constitution is entitled "Salaries" and consists of one section, which was repealed.

Repealed in 1956.

Article XIV: Seat of Government

Article XIV of the Oregon Constitution is entitled "Seat of Government" and consists of two sections.

Article XV: Miscellaneous

Article XV of the Oregon Constitution is entitled "Miscellaneous" and consists of sixteen sections.

Article XVI: Boundaries

Article XVI of the Oregon Constitution is entitled "Boundaries" and consists of one section.

Article XVII: Amendments and Revisions

Article XVII of the Oregon Constitution is entitled "Amendments and Revisions" and consists of two sections.

Article XVIII: Schedule

Article XVIII of the Oregon Constitution is entitled "Schedule" and consists of eleven sections.

Amending the constitution

See also: Section 1, Article IV, Oregon Constitution and Article XVII, Oregon Constitution

The Oregon Constitution lays out four different paths, in two different articles, for how to go about changing the state's constitution. The Oregon Constitution is explicit--unlike virtually any other state constitution--on the process for a constitutional revision, which is established in Section 2 of Article XVII.

The constitution also lays out three paths by which it may be amended.

1. Section 1, Article IV says that the people of the state can use the initiated constitutional amendment.

  • An initiated amendment must be proposed "only by a petition signed by a number of qualified voters equal to eight percent of the total number of votes cast for all candidates for Governor at the election at which a Governor was elected for a term of four years next preceding the filing of the petition."
  • The petition must include the full text of the proposed amendment.
  • The signatures must be filed "not less than four months before the election at which the proposed...amendment to the Constitution is to be voted upon."
  • Article IV contains several restrictions on the process such as Section 1b, which prohibits pay-per-signature.

2. Section 1 of Article XVIII creates the procedures by which the Oregon State Legislature can use the process of a legislatively-referred constitutional amendment.

  • Amendments can be proposed in either house of the state legislature.
  • To earn a spot on the ballot, a "majority of all the members elected to each of the two houses" must vote in favor of a proposed amendment.
  • The legislature can, if it wishes, put any such referred amendments on a special election ballot.
  • "When two or more amendments shall be submitted in the manner aforesaid to the voters of this state at the same election, they shall be so submitted that each amendment shall be voted on separately."

3. Section 1 of Article XVIII also addresses how a constitutional convention can be held but only in the negative by saying "No convention shall be called to amend or propose amendments to this Constitution, or to propose a new Constitution, unless the law providing for such convention shall first be approved by the people on a referendum vote at a regular general election." What is left undefined is how the question of whether to hold a convention can come before the people in the first place: Can citizens petition under Article IV to put it on the ballot? Can the state legislature vote to put it on the ballot?

History

The Oregon Constitution was framed by a constitutional convention of 60 delegates chosen by the people. The convention met on the third Monday in August 1857 and adjourned on September 18 of the same year. On November 9, 1857, the constitution was approved by the vote of the people of Oregon Territory. The Act of Congress admitting Oregon into the Union was approved February 14, 1859, and on that date, the Oregon Constitution went into effect.[1]

See also

StateConstitutions Ballotpedia.jpg

External links

BallotpediaAvatar bigger.png
Suggest a link

Additional reading

References

  1. 1.0 1.1 1.2 1.3 Oregon State Legislature, "Constitution of Oregon," accessed March 30, 2014
  2. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.