Oregon Constitution
Encyclopedia
The Oregon Constitution is the governing document of the U.S. state
of Oregon
, originally enacted in 1857. As amended the current state constitution
contains eighteen sections, beginning with a bill of rights
. This contains most of the rights and privileges granted in the United States Bill of Rights
and the main text of the United States Constitution
. The remainder of the Oregon Constitution outlines the divisions of power within the state government, lists the times of elections, and defines the state boundaries and the capital as Salem
.
. In 1857, leaders of the territory gathered at the Oregon Constitutional Convention
and drafted the current constitution. Over half of the document's content was derived in part from the Indiana constitution
. Its original implementation provisions included a vote excluding African American
s from the state.
On November 9, 1857, Oregon voters approved its first constitution that then became effective upon statehood on February 14, 1859. The constitution was unchanged for the remainder of the 19th century, but has been amended numerous times since 1902 (see, List of Oregon ballot measures). The changes have included the introduction of a direct legislation system, which enabled Oregon voters to propose and approve amendments both to the Constitution and to the Oregon Revised Statutes
.
and ratification by three-fourths of the states. In Oregon, once an initiative amendment to its constitution has been placed on the ballot by initiative petition, or once a legislative amendment has been referred to the people by a simple majority vote in the state legislature
, a simple majority of favorable votes is enough to ratify it. Placing a petition for an amendment on the ballot requires a number of valid signatures of registered voters equal to eight percent of the total number of votes cast in the last gubernatorial election,Oregon Constitution, Art. IV §1(2)(c) higher than the six percent required for a change in statute.Oregon Constitution, Art. IV §1(2)(b) See the list of Oregon ballot measures for initiative amendments.
The right to free speech in Oregon is broader than the federal level:
In State v. Robertson, 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
. Later in 1987, the court cited this provision when it abolished the state's obscenity
statute in State v. Henry
.
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
, originally enacted in 1857. As amended the current state constitution
State constitution (United States)
In the United States, each state has its own constitution.Usually, they are longer than the 7,500-word federal Constitution and are more detailed regarding the day-to-day relationships between government and the people. The shortest is the Constitution of Vermont, adopted in 1793 and currently...
contains eighteen sections, beginning with a bill of rights
Bill of rights
A bill of rights is a list of the most important rights of the citizens of a country. The purpose of these bills is to protect those rights against infringement. The term "bill of rights" originates from England, where it referred to the Bill of Rights 1689. Bills of rights may be entrenched or...
. This contains most of the rights and privileges granted in the United States Bill of Rights
United States Bill of Rights
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the natural rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and...
and the main text of the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
. The remainder of the Oregon Constitution outlines the divisions of power within the state government, lists the times of elections, and defines the state boundaries and the capital as Salem
Salem, Oregon
Salem is the capital of the U.S. state of Oregon, and the county seat of Marion County. It is located in the center of the Willamette Valley alongside the Willamette River, which runs north through the city. The river forms the boundary between Marion and Polk counties, and the city neighborhood...
.
History
The first constitutional documents enacted in Oregon pre-dated statehood. These were the Organic Law of 1843 and the Organic Law of 1845, adopted to govern Oregon TerritoryOregon Territory
The Territory of Oregon was an organized incorporated territory of the United States that existed from August 14, 1848, until February 14, 1859, when the southwestern portion of the territory was admitted to the Union as the State of Oregon. Originally claimed by several countries , the region was...
. In 1857, leaders of the territory gathered at the Oregon Constitutional Convention
Oregon Constitutional Convention
The Oregon Constitutional Convention in 1857 drafted the Oregon Constitution in preparation for the Oregon Territory to become a U.S. state. Held from mid-August through September, 60 men met in Salem, Oregon, and created the foundation for Oregon's law. The proposal passed with a vote of 35 for...
and drafted the current constitution. Over half of the document's content was derived in part from the Indiana constitution
Constitution of Indiana
There have been two Constitutions of the State of Indiana. The first constitution was created when the Territory of Indiana sent forty-three delegates to a constitutional convention on June 10, 1816 to establish a constitution for the proposed State of Indiana after the United States Congress had...
. Its original implementation provisions included a vote excluding African American
African American
African Americans are citizens or residents of the United States who have at least partial ancestry from any of the native populations of Sub-Saharan Africa and are the direct descendants of enslaved Africans within the boundaries of the present United States...
s from the state.
On November 9, 1857, Oregon voters approved its first constitution that then became effective upon statehood on February 14, 1859. The constitution was unchanged for the remainder of the 19th century, but has been amended numerous times since 1902 (see, List of Oregon ballot measures). The changes have included the introduction of a direct legislation system, which enabled Oregon voters to propose and approve amendments both to the Constitution and to the Oregon Revised Statutes
Oregon Revised Statutes
The Oregon Revised Statutes is the codified body of statutory law governing the U.S. state of Oregon, as enacted by the Oregon Legislative Assembly, and occasionally by citizen initiative...
.
Differences from U.S. Constitution
The Oregon Constitution is easier to amend than its federal counterpart. Amending the U.S. Constitution requires a two-thirds vote in CongressUnited States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
and ratification by three-fourths of the states. In Oregon, once an initiative amendment to its constitution has been placed on the ballot by initiative petition, or once a legislative amendment has been referred to the people by a simple majority vote in the state legislature
Oregon Legislative Assembly
The Oregon Legislative Assembly is the state legislature for the U.S. state of Oregon. The Legislative Assembly is bicameral, consisting of an upper and lower house: the Senate, whose 30 members are elected to serve four-year terms; and the House of Representatives, with 60 members elected to...
, a simple majority of favorable votes is enough to ratify it. Placing a petition for an amendment on the ballot requires a number of valid signatures of registered voters equal to eight percent of the total number of votes cast in the last gubernatorial election,Oregon Constitution, Art. IV §1(2)(c) higher than the six percent required for a change in statute.Oregon Constitution, Art. IV §1(2)(b) See the list of Oregon ballot measures for initiative amendments.
The right to free speech in Oregon is broader than the federal level:
In State v. Robertson, the Oregon Supreme Court
Oregon Supreme Court
The Oregon Supreme Court is the highest state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States. The OSC holds court at the Oregon Supreme Court Building in Salem, Oregon, near the capitol...
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
Pornography
Pornography or porn is the explicit portrayal of sexual subject matter for the purposes of sexual arousal and erotic satisfaction.Pornography may use any of a variety of media, ranging from books, magazines, postcards, photos, sculpture, drawing, painting, animation, sound recording, film, video,...
. Later in 1987, the court cited this provision when it abolished the state's obscenity
Obscenity
An obscenity is any statement or act which strongly offends the prevalent morality of the time, is a profanity, or is otherwise taboo, indecent, abhorrent, or disgusting, or is especially inauspicious...
statute in State v. Henry
State v. Henry
State v. Henry was a 1987 decision of the Oregon Supreme Court which held that the Oregon state law that criminalized obscenity was unconstitutional because it violated the free speech provision of the Oregon Constitution...
.
Structure
- I — Bill of rights
- II — Suffrage and elections (see also Elections in OregonElections in OregonElections in Oregon are all held using a Vote by Mail system. This means that all registered voters receive their ballots via postal delivery and can vote from their homes. A state Voters’ Pamphlet is mailed to every household in Oregon about three weeks before each statewide election...
) - III — Distribution of powers
- IV — Legislative department(see also Oregon Legislative AssemblyOregon Legislative AssemblyThe Oregon Legislative Assembly is the state legislature for the U.S. state of Oregon. The Legislative Assembly is bicameral, consisting of an upper and lower house: the Senate, whose 30 members are elected to serve four-year terms; and the House of Representatives, with 60 members elected to...
) - V — Executive department(see also List of Oregon state agencies)
- VI — Administrative department
- VII (Amended) — Judicial department (see also Oregon Judicial DepartmentOregon Judicial DepartmentThe Oregon Judicial Department is the judicial branch of government of the state of Oregon in the United States. The chief executive of the branch is the Chief Justice of the Oregon Supreme Court. Oregon’s judiciary consists primarily of four different courts: the Oregon Supreme Court, the Oregon...
) - VII (Original) — Judicial department
- VIII — Education and school lands(see also Education in Oregon)
- IX — Finance
- X — The militia(see also Oregon Military DepartmentOregon Military DepartmentThe Oregon Military Department is an agency of the government of the U.S. state of Oregon, which oversees the armed forces of the state of Oregon...
) - XI — Corporations and internal improvements
- XI-A — Farm and home loans to veterans
- XI-D — State power development
- XI-E — State reforestation
- XI-F(1) — Higher education building projects
- XI-F(2) — Veterans' bonus
- XI-G — Higher education institutions and activities; community colleges
- XI-H — Pollution control
- XI-I(1) — Water development projects
- XI-I(2) — Multifamily housing for elderly and disabled
- XI-J — Small scale local energy loans
- XI-K — Guarantee of bonded indebtedness of education districts
- XI-L — Oregon Health and Science University(see also Oregon Health & Science UniversityOregon Health & Science UniversityOregon Health & Science University is a public university in Oregon with a main campus, including two hospitals, in Portland and a smaller campus in Hillsboro...
) - XI-M — Seismic rehabilitation of public education buildings
- XI-N — Seismic rehabilitation of emergency services buildings
- XI-O — Pension liabilities
- XII — State printing
- XIV — Seat of government (see also Oregon State CapitolOregon State CapitolThe Oregon State Capitol is the building housing the state legislature and the offices of the governor, secretary of state, and treasurer of the U.S. state of Oregon. It is located in the state capital, Salem. The current building, constructed from 1936 to 1938, and expanded in 1977, is the third...
) - XV — Miscellaneous
- XVI — Boundaries (see also Geography of Oregon)
- XVII — Amendments and revisions
- XVIII — Schedule
External links
- Constitution of Oregon from the Oregon State LegislatureOregon Legislative AssemblyThe Oregon Legislative Assembly is the state legislature for the U.S. state of Oregon. The Legislative Assembly is bicameral, consisting of an upper and lower house: the Senate, whose 30 members are elected to serve four-year terms; and the House of Representatives, with 60 members elected to...
- Oregon Bill of Rights
- Crafting the Constitution, a web exhibit from the Oregon State ArchivesOregon State ArchivesThe Archives Division of the Office of the Secretary of State of Oregon, or Oregon State Archives, is an agency of the Office of the Oregon Secretary of State charged with preserving and providing access to government records. It also publishes the Oregon Blue Book and Oregon Administrative Rules...
- History of the constitution from the Oregon Blue BookOregon Blue BookThe Oregon Blue Book is the official directory and fact book for the U.S. state of Oregon copyrighted by the Oregon Secretary of State and published by the Office of the Secretary's Archives Division. As Governor Ted Kulongoski notes in his introduction for the 2005–2006 edition, it "provides...
(includes link to printable copy)