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The Oregon Constitution is the governing document of the
U.S. state In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sove ...
of
Oregon Oregon () is a U.S. state, state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington (state), Washington, while the Snake River delineates much of it ...
, originally enacted in 1857. As amended the current state constitution contains eighteen sections, beginning with a
bill of rights A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pr ...
.Constitution of Oregon: 2015 Edition.
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 ...
, accessed October 19, 2007.
This contains most of the rights and privileges protected by the
United States Bill of Rights The United States Bill of Rights comprises the first ten amendments to the United States Constitution. Proposed following the often bitter 1787–88 debate over the ratification of the Constitution and written to address the objections ra ...
and the main text of the
United States Constitution The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...
. 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.


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 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. O ...
. In 1857, leaders of the territory gathered at the Oregon Constitutional Convention and drafted the current constitution.Oregon Blue Book: Constitution of Oregon
Oregon Secretary of State The secretary of state of Oregon, an elected constitutional officer within the executive branch of government of the U.S. state of Oregon, is first in line of succession to the governor. The duties of the office are auditor of public accounts, c ...
, accessed October 19, 2007.
Over half of the document's content was derived in part from the
Indiana constitution The Constitution of Indiana is the highest body of state law in the U.S. state of Indiana. It establishes the structure and function of the state and is based on the principles of federalism and Jacksonian democracy. Indiana's constitution is su ...
. The constitution of 1857 included a racial exclusion section that excluded
African Americans African Americans (also referred to as Black Americans and Afro-Americans) are an ethnic group consisting of Americans with partial or total ancestry from sub-Saharan Africa. The term "African American" generally denotes descendants of ens ...
and Chinese from the state. (See
Racism in Oregon The history of racism in Oregon began before the territory even became a U.S. state. The topic of race was heavily discussed during the convention where the Oregon Constitution was written in 1857. In 1859, it became the only state to enter the ...
.) 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 list of Oregon ballot measures lists all statewide ballot measures to the present. In Oregon, the initiative and referendum process dates back to 1902, when the efforts of the Direct Legislation League prompted amending the Oregon Constit ...
). 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 The Oregon Revised Statutes (ORS) 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. The statutes are subordinate to the Oregon Constit ...
. In 1905, a coalition of Oregon lawyers advocated for convening a constitutional convention the following year, and drafted plans for the selection of delegates. According to ''
The Oregonian ''The Oregonian'' is a daily newspaper based in Portland, Oregon, United States, owned by Advance Publications. It is the oldest continuously published newspaper on the U.S. west coast, founded as a weekly by Thomas J. Dryer on December 4, 18 ...
'', Portland attorneys were "almost to a man in favor of making the change". Dissenters included Portland attorneys George W. Joseph, who advised "leaving well enough alone", and C. E. S. Wood, who insisted that the recent passage of initiative and referendum system offered sufficient opportunity to amend the constitution as needed. Governor
George Earle Chamberlain George Earle Chamberlain Sr. (January 1, 1854 – July 9, 1928) was an American attorney, politician, and public official in Oregon. A native of Mississippi and member of the Democratic Party, Chamberlain's political achievements included appoi ...
declined to take a position. In 1916, Oregonians voted to keep Section 6 of Article II of the constitution, which read "No
negro In the English language, ''negro'' is a term historically used to denote persons considered to be of Black African heritage. The word ''negro'' means the color black in both Spanish and in Portuguese, where English took it from. The term can be ...
, Chinaman or
mulatto (, ) is a racial classification to refer to people of mixed African and European ancestry. Its use is considered outdated and offensive in several languages, including English and Dutch, whereas in languages such as Spanish and Portuguese ...
shall have the right of
suffrage Suffrage, political franchise, or simply franchise, is the right to vote in public, political elections and referendums (although the term is sometimes used for any right to vote). In some languages, and occasionally in English, the right to v ...
", even though it had been rendered void by the
Fifteenth Amendment to the United States Constitution The Fifteenth Amendment (Amendment XV) to the United States Constitution prohibits the federal government and each state from denying or abridging a citizen's right to vote "on account of race, color, or previous condition of servitude." It was ...
. In 1927, Oregonians finally decided to remove this suffrage exclusion from their constitution.


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
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
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 state legislature is a legislative branch or body of a political subdivision in a federal system. Two federations literally use the term "state legislature": * The legislative branches of each of the fifty state governments of the United Sta ...
, 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 The list of Oregon ballot measures lists all statewide ballot measures to the present. In Oregon, the initiative and referendum process dates back to 1902, when the efforts of the Direct Legislation League prompted amending the Oregon Constit ...
for initiative amendments. The right to free speech in Oregon is broader than the federal level: In '' State v. Robertson'',293 Or 402, 649 P2d 569 (1982) the
Oregon Supreme Court The Oregon Supreme Court (OSC) 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.pornography Pornography (often shortened to porn or porno) is the portrayal of sexual subject matter for the exclusive purpose of sexual arousal. Primarily intended for adults,
.For a discussion of this decision and the subsequent case law see * William R. Long (October 2003) ''Free Speech in Oregon: A framework under fire''. In: ''Oregon State Bar Bulletin''
Archived
fro

on October 30, 2018. * American Civil Liberties Union (ACLU) Oregon (September 12, 2019): ''City of Nyssa v. Dufloth, State v. Ciancanelli''
Archived
fro
the original
on March 30, 2019. * Charles E. Beggs (September 30, 2005): ''Oregon Supreme Court overturns laws on sex shows, dancers''. In: The Seattle Times
Archived
fro
the original
on November 21, 2018.
Later in 1987, the court cited this provision when it abolished the state's
obscenity An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin ''obscēnus'', ''obscaenus'', "boding ill; disgusting; indecent", of uncertain etymology. Such loaded language can be us ...
statute in '' State v. Henry''.


Structure

* I — Bill of rights * II — Suffrage and elections (''see also''
Elections in Oregon Elections in Oregon are all held using a Vote by Mail (VBM) 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 ...
)
* III — Distribution of powers * IV — Legislative department (''see also''
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 ...
)
* V — Executive department (''see also'' List of Oregon state agencies) * VI — Administrative department * VII (Amended) — Judicial department (''see also''
Oregon Judicial Department The Oregon Judicial Department (OJD) 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 ...
)
* VII (Original) — Judicial department * VIII — Education and school lands (''see also''
Education in Oregon Oregon () is a state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington, while the Snake River delineates much of its eastern boundary with Idaho. ...
)
* IX — Finance * X — The militia (''see also'' Oregon Military Department) * 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 University Oregon Health & Science University (OHSU) is a public research university focusing primarily on health sciences with a main campus, including two hospitals, in Portland, Oregon. The institution was founded in 1887 as the University of Oregon ...
)
* 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 Capitol The Oregon State Capitol is the building housing the Oregon Legislative Assembly, state legislature and the offices of the Governor of Oregon, governor, Oregon Secretary of State, secretary of state, and Oregon State Treasurer, treasurer of the ...
)
* XV — Miscellaneous * XVI — Boundaries (''see also''
Geography of Oregon Oregon is north to south at longest distance, and east to west. With an area of , Oregon is slightly larger than the United Kingdom. It is the ninth largest state in the United States. Oregon's highest point is the summit of Mount Hood, at , an ...
)
* XVII — Amendments and revisions * XVIII — Schedule


Notes


References


External links


Constitution of Oregon
from the
Oregon State Legislature 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 H ...
* Oregon Bill of Rights
Crafting the Oregon Constitution
a web exhibit from the
Oregon State Archives The Archives Division of the Office of the Secretary of State of Oregon, or the Oregon State Archives, is an agency of the Oregon Secretary of State charged with preserving and providing access to government records. The Oregon State Archives is ...

History of the constitution
from the ''
Oregon Blue Book The ''Oregon Blue Book'' is the official directory and fact book for the U.S. state of Oregon prepared by the Oregon Secretary of State and published by the Office of the Secretary's Archives Division. The ''Blue Book'' comes in both print and on ...
'' (includes link to printable copy) {{Constitutions of the United States 1859 establishments in Oregon 1859 in law
Oregon Oregon () is a U.S. state, state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington (state), Washington, while the Snake River delineates much of it ...