Oregon Constitution
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The Oregon Constitution is a U.S. state constitution, the governing document of the U.S. state of Oregon. It was ratified on November 9, 1857, and took effect when Oregon achieved statehood on February 14, 1859.
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[edit] Differences
- 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 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. See: List of Oregon ballot measures
- The right to free speech in Oregon is broader than that enjoyed at the federal level. Article I, Section 8 reads;
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- 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.
- 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.
[edit] Article I
Article I of the state's constitution is a bill of rights for its citizens. As of 2003, it addresses the following topics:
- Natural rights inherent in people
- Freedom of worship
- Freedom of religious opinion
- No religious qualification for office
- No money to be appropriated for religion
- No religious test for witnesses or jurors
- Manner of administering oath or affirmation
- Freedom of speech and press
- Unreasonable searches or seizures
- Administration of justice
- Rights of Accused in Criminal Prosecution (amended 1932, 1934)
- Double jeopardy; compulsory self-incrimination
- Treatment of arrested or confined persons
- Bailable offenses
- Foundation principles of criminal law (amended 1996)
- Excessive bail and fines; cruel and unusual punishments; power of jury in criminal case
- Jury trial in civil cases
- Private property or services taken for public use (amended 1920, 1924)
- Imprisonment for debt
- Equality of privileges and immunities of citizens
- Ex-post facto laws; laws impairing contracts; laws depending on authorization in order to take effect; laws submitted to electors
- Suspension of operation of laws
- Habeas corpus
- Treason
- Corruption of blood or forfeiture of estate
- Assemblages of people; instruction of representatives; application to legislature
- Right to bear arms; military subordinate to civil power
- Quartering soldiers
- Titles of nobility; hereditary distinctions
- Emigration
- Rights of aliens; immigration to state (repealed 1970)
- Taxes and duties; uniformity of taxation (amended 1917)
- Enumeration of rights not exclusive
- Slavery or involuntary servitude
- Restrictions on rights of certain persons (repealed 1926)
- Liquor prohibition (adopted 1914, repealed 1933); Prohibition of importation of liquors (adopted 1916, repealed 1933); Capital punishment (adopted 1914, repealed 1920)
- Penalty for murder in first degree (adopted 1920, repealed 1964)
- Laws abrogated by amendment abolishing death penalty revived (adopted 1920, repealed 1964)
- Sale of liquor by individual glass (adopted 1952)
- Penalty for aggravated murder (adopted 1984)
- Work and training for corrections institution inmates; work programs; limitations; duties of corrections director (adopted 1994; amended 1997, 1999)
- Rights of victim in criminal prosecutions and juvenile court delinquency proceedings (adopted 1999)
- Rights of victim and public to protection from accused person during criminal proceedings; denial of pretrial release (adopted 1999)
- Term of imprisonment imposed by court to be fully served; exceptions (adopted 1999)
- Person convicted of certain crimes not eligible to serve as juror on grand jury or trial jury in criminal case (adopted 1999)
[edit] Other articles
- II Suffrage and Elections
- III Distribution of Powers
- IV Legislative Department
- Section 1 Legislative power; initiative and referendum.
- "(2)(a) The people reserve to themselves the initiative power, which is to propose laws and amendments to the Constitution and enact or reject them at an election independently of the Legislative Assembly." (See initiative.)
- V Executive Department
- VI Administrative Department
- VII Judicial Department
- VIII Education and School Lands
- IX Finance
- X The Militia
- XI Corporations and Internal Improvements
- XII State Printing
- XIII Salaries (repealed 1956)
- XIV Seat of Government
- XV Miscellaneous
- XVI Boundaries
- XVII Amendments and Revisions
- XVIII Schedule
[edit] External links and references
- Constitution of Oregon from the Oregon State Legislature
- History of the constitution from the Oregon Blue Book (includes link to printable copy)
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