Isabella Carter
The Oregon Constitution is the governing document of the U.S. state of Oregon, which was first ratified in 1857 and has been amended 260 times since 1902. The constitution outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. Amendments can be made through legislative, citizen-initiated, or convention-referred processes, all of which require voter approval. The right to free speech in Oregon, for example, is broader than at the federal level due to one such amendment.
| Characteristics | Values |
|---|---|
| Date of first constitution | November 9, 1857 |
| Date constitution came into effect | February 14, 1859 |
| Number of amendments | 260 |
| Date of last amendment | November 5, 2024 |
| Number of articles | 18 |
| Number of sections | 18 |
| Number of delegates at the constitutional convention | 60 |
| Number of signatures required to place a petition for an amendment on the ballot | 8% of total votes cast |
| Number of valid signatures required to place a petition for an amendment on the ballot | 8% of total number of votes cast for all candidates for Governor |
| Rights | Broader free speech than at the federal level |
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What You'll Learn
- Oregon's constitution has been amended 260 times since 1857
- Amendments can be proposed in either house of the state legislature
- Oregon's constitution is easier to amend than the US Constitution
- Oregon's right to free speech is broader than federal-level laws
- Amendments can be legislative, citizen-initiated, or convention-referred
Oregon's constitution has been amended 260 times since 1857
Oregon's constitution, first ratified in 1857, has been amended 260 times since. The most recent amendment was approved on November 5, 2024.
The Oregon Constitution is the governing document of the US state of Oregon. It outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. The constitution contains eighteen sections, beginning with a bill of rights. This includes most of the rights and privileges protected by the United States Bill of Rights and the main text of the US Constitution. The remainder of the Oregon Constitution outlines the divisions of power within the state government, lists election timings, and defines the state boundaries and the capital as Salem.
The first constitutional documents enacted in Oregon pre-date 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. Over half of the document's content was derived, in part, from the Indiana Constitution. The constitution was unchanged for the remainder of the 19th century but has been amended numerous times since 1902.
Amending the Oregon Constitution is easier than amending its federal counterpart. Amending the US Constitution requires a two-thirds vote in Congress and ratification by three-quarters of the states. In Oregon, a legislative, citizen-initiated, or convention-referred constitutional amendment can be put before voters, all of which require voter approval. An amendment can be proposed in either house of the state legislature and must receive a majority of votes in favour in each house to earn a spot on the ballot. If more than one amendment is proposed by the legislature, they must be voted on separately.
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Amendments can be proposed in either house of the state legislature
The Oregon Constitution is the governing document of the US state of Oregon. It was originally enacted in 1857 and became effective when Oregon became a state on February 14, 1859. The current state constitution has been amended 260 times. The last time voters approved a new amendment was on November 5, 2024.
The Oregon Constitution can be amended through a legislative, citizen-initiated, or convention-referred constitutional amendment, all of which require voter approval. The constitution outlines four different paths in two different articles for amending the document.
The Oregon Constitution is easier to amend than its federal counterpart. While amending the US Constitution requires a two-thirds vote in Congress and ratification by three-fourths of the states, amending the Oregon Constitution requires only a simple majority of favourable votes.
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Oregon's constitution is easier to amend than the US Constitution
The Oregon Constitution, first enacted in 1857, is the governing document of the US state of Oregon. It has been amended numerous times since 1902, with the current constitution having been amended 260 times. The Oregon Constitution can be amended through legislative, citizen-initiated, or convention-referred processes, all of which require voter approval. This makes it easier to amend compared to the US Constitution, which requires a two-thirds vote in Congress and ratification by three-fourths of the states.
In Oregon, there are four different paths to amend the constitution, outlined in two different articles. Amendments can be proposed in either house of the state legislature, and to earn a spot on the ballot, a majority of all members elected to each house must vote in favour. This is known as a legislatively referred constitutional amendment. The legislature can then put the amendment on a special election ballot, and if more than one amendment is proposed, they must be voted on separately.
Another method is through an initiated constitutional amendment, which requires a petition signed by a number of qualified voters equal to eight percent of the total votes cast for all candidates for Governor in the previous election. This initiative amendment process is one way in which Oregon's constitution is more accessible to its citizens compared to the US Constitution.
Additionally, a constitutional convention can be held, but only if approved by the people in a referendum vote at a general election. The final method is through a legislative amendment, which requires a simple majority vote in the state legislature to refer the amendment to the people for ratification.
The ease of amending Oregon's constitution has led to significant changes, such as the introduction of a direct legislation system and broader free speech rights than at the federal level. The ability to adapt the constitution to the needs and values of Oregonians highlights the flexibility and responsiveness of their state's governing document.
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Oregon's right to free speech is broader than federal-level laws
Oregon's constitution, first enacted in 1857, has been amended numerous times since 1902. The current constitution contains 18 sections, beginning with a bill of rights.
Article I, Section 8 of the Oregon Constitution states: "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's free-speech jurisprudence under Article I, Section 8, is unique in its analysis. Federal law distinguishes among differing kinds of expression based on their content. Thus, commercial speech gets less federal constitutional protection than political expression. However, in Oregon, the right to free speech is broader than federal-level laws.
In State v. Robertson, the Oregon Supreme Court 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. The court's analysis categorizes laws as falling within one of three levels or categories. The first level consists of laws that focus on the content of speech or writing and are written in terms directed at the substance of any opinion or subject of communication. These laws violate Article I, Section 8, "on their face" unless the scope of the restraint falls within specific exceptions.
The second level consists of laws that focus on forbidden harms or effects but expressly prohibit expression used to achieve those effects. Laws in this category are analyzed for overbreadth. A law is considered overbroad if it purports to prohibit or regulate constitutionally protected expression.
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Amendments can be legislative, citizen-initiated, or convention-referred
The Oregon Constitution, first enacted in 1857, has been amended numerous times since 1902. Amendments can be legislative, citizen-initiated, or convention-referred.
Legislative amendments are proposed in either house of the state legislature. To be placed on the ballot, a majority of all members elected to each of the two houses must vote in favour of the proposed amendment. If more than one amendment is proposed by the legislature, they must be voted on separately.
Citizen-initiated amendments are proposed by a petition signed by a number of qualified voters equal to eight per cent of the total number of votes cast for all candidates for Governor at the election.
A convention-referred amendment can only be held if "the law providing for such a convention shall first be approved by the people on a referendum vote at a regular general election." The constitution does not define how such a referendum is to be put before voters.
Amending the Oregon Constitution is easier than amending its federal counterpart. In Oregon, once an initiative amendment 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 favourable votes is enough to ratify it. In contrast, amending the U.S. Constitution requires a two-thirds vote in Congress and ratification by three-fourths of the states.
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Frequently asked questions
Yes, the Oregon Constitution is the governing document of the U.S. state of Oregon. It was originally enacted in 1857 and has been amended numerous times since 1902.
The current Oregon Constitution has been amended 260 times. Voters last approved a new amendment on November 5, 2024.
The Oregon Constitution can be amended with a legislative, citizen-initiated, or convention-referred constitutional amendment, all of which require voter approval. Amendments can be proposed in either house of the state legislature and must receive a majority of votes in favour to earn a spot on the ballot.
The Oregon Constitution contains a Bill of Rights that includes most of the rights and privileges protected by the United States Bill of Rights and the main text of the U.S. Constitution. It also outlines the divisions of power within the state government, lists election times, and defines state boundaries and the capital as Salem. Additionally, the right to free speech in Oregon is broader than at the federal level.
