Oregon Constitution
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The Oregon Constitution is a U.S. state constitution, the governing document of the American 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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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;
- 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.
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)
Other Articles
- II Suffrage and Elections
- III Distribution of Powers
- IV Legislative Department
- 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
External links and references
- Oregon State Constitution (http://www.leg.state.or.us/orcons/home.html)
- More information (http://bluebook.state.or.us/state/constitution/constitution.htm)