Oregon Constitution


Oregon Constitution
Oregon Constitution
The leather cover of the original Oregon Constitution
The leather cover of the original Oregon Constitution
Created September 18, 1857
Ratified November 9, 1857 (effective on February 14, 1859)
Location State Archives
Authors Delegates of the Oregon Constitutional Convention
Signatories 52 of 60 delegates
Purpose Draft constitution to allow for statehood

The Oregon Constitution is the governing document of the U.S. state of Oregon, originally enacted in 1857.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.[1] 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.

Contents

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. In 1857, leaders of the territory gathered at the Oregon Constitutional Convention and drafted the current constitution.[2] Over half of the document's content was derived in part from the Indiana constitution.[3] Its original implementation provisions included a vote excluding African Americans from the state.[1]

On November 9, 1857, Oregon voters approved its first constitution that then became effective upon statehood on February 14, 1859.[2] 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.

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 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,[N 1] higher than the six percent required for a change in statute.[N 2] See the list of Oregon ballot measures for initiative amendments.

The right to free speech in Oregon is broader than the federal level:[4]

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.

Oregon Constitution, Art. I §8

In State v. Robertson,[5] 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.[6] Later in 1987, the court cited this provision when it abolished the state's obscenity statute in State v. Henry.

Structure

Notes

  1. ^ Oregon Constitution, Art. IV §1(2)(c)
  2. ^ Oregon Constitution, Art. IV §1(2)(b)

References

  1. ^ a b Constitution of Oregon: 2005 Edition. Oregon Legislative Assembly, accessed 2007-10-19.
  2. ^ a b Oregon Blue Book: Constitution of Oregon. Oregon Secretary of State, accessed 2007-10-19.
  3. ^ Friedman, Lawrence M. 1985. A History of American Law, 2nd Edition. Simon & Schuster; New York, NY. p. 347.
  4. ^ Staff. "Free Speech in Oregon". American Civil Liberties Union of Oregon. http://www.aclu-or.org/sites/default/files/freespeech_full_background.pdf. Retrieved 2010-08-06. 
  5. ^ 293 Or 402, 649 P2d 569 (1982)
  6. ^ For a discussion of this decision, see William R. Long, "Free Speech in Oregon: A framework under fire", Oregon State Bar Bulletin, October 2003

External links


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