Malcolm Rivera
The Oregon Constitution, enacted in 1857, has been amended 260 times since its ratification in 1859. The document outlines the state's framework for governance, including the powers, structure, and limitations of the government, individual and civil rights, and other matters. With 18 articles and an extensive history of amendments, the Oregon Constitution has evolved to meet the changing needs of the state. From the removal of suffrage exclusions to the establishment of an initiative and referendum process, the document has been shaped by the people of Oregon over time.
| Characteristics | Values |
|---|---|
| Date of enactment | 1857 |
| Date of coming into effect | 14 February 1859 |
| Number of articles | 18 |
| Number of amendments | 260 |
| Number of sections | 167 (46 in Article I, 24 in Article II, 4 in Article III, 33 in Article IV, 18 in Article V, 10 in Article VI, 9 in Article VII) |
| Number of delegates at the constitutional convention | 60 |
| Vote by which the constitution was approved | 7,195 to 3,195 |
| Vote percentage for Measure 1 to establish an initiative and referendum process | 91.63% |
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What You'll Learn
History of the Oregon Constitution
The Oregon Constitution, the governing document of the U.S. state of Oregon, was originally enacted in 1857. 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. The convention had 60 delegates, and the constitution was approved by a vote of 7,195 to 3,195. Over half of the document's content was derived in part from the Indiana Constitution. The constitution included a racial exclusion section that excluded African Americans and Chinese people from the state.
The Oregon Constitution was not amended until 1902 when voters approved Measure 1 to establish an initiative and referendum process. Since 1902, the constitution has been amended numerous times. In 1905, a coalition of Oregon lawyers advocated for convening a constitutional convention the following year and drafted plans for the selection of delegates. In 1916, Oregonians voted to keep Section 6 of Article II of the constitution, which read, "No negro, Chinaman or mulatto shall have the right of suffrage", even though it had been rendered void by the Fifteenth Amendment to the United States Constitution. Finally, in 1927, Oregonians decided to remove this suffrage exclusion from their constitution. According to the Oregon State Bar, the state constitution had been amended 240 times through 2009, with voters approving an additional 20 amendments since 2010.
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Amendments to the Oregon Constitution
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 state constitution contains 18 articles and has been amended 260 times.
The Oregon Constitution can be amended with a legislative, citizen-initiated, or convention-referred constitutional amendment, all of which require voter approval. The constitutional revision process is established in Section 2 of Article XVII. Section 1, Article IV, states that the people of the state can use an initiated constitutional amendment to put an amendment before voters. An initiated amendment must be proposed by a petition signed by a number of qualified voters equal to eight per cent of the total votes cast. The signatures must be filed "not less than four months before the election at which the proposed amendment to the Constitution is to be voted upon."
Article IV contains several restrictions on the initiative process, such as Section 1b, which prohibits pay-per-signature. This article also states that amendments can be proposed in either house of the state legislature. To earn a place on the ballot, a majority of all the members elected to each of the two houses must vote in favour of a proposed amendment. The legislature can put any referred amendments on a special election ballot. If more than one amendment is proposed by the legislature, they must be voted on separately.
Section 1 of Article XVIII also mentions that a constitutional convention can be held if "the law providing for such a convention shall first be approved by three-fifths of the members elected to each house." This section outlines the procedures for a legislatively referred constitutional amendment, which is when the Oregon State Legislature puts an amendment before voters.
The Oregon Constitution has been amended to include a direct legislation system, which enables voters to propose and approve amendments to the Constitution and the Oregon Revised Statutes. One notable amendment occurred in 1927 when Oregonians decided to remove a suffrage exclusion from their constitution. This exclusion, which read, "No negro, Chinaman or mulatto shall have the right of suffrage," had been rendered void by the Fifteenth Amendment to the United States Constitution.
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Rights and privileges outlined in the document
The Oregon Constitution, enacted in 1857, is the governing document of the state of Oregon. It contains eighteen sections, beginning with a Bill of Rights, which includes most of the rights and privileges protected by the United States Bill of Rights and the main text of the US Constitution.
The Oregon State Bill of Rights consists of 46 sections, which have been amended and added to over the years through initiative petitions and votes. The rights and privileges outlined in the document include the right to free speech, freedom of the press, and freedom of religion, as well as the right to peaceably assemble and petition the government. The First Amendment also prohibits the government from endorsing a religion and protects the right to demonstrate, distribute leaflets, and state one's opinions.
The Second Amendment of the Oregon Constitution protects the right of the people to keep and bear arms, while the Third Amendment states that no soldier shall be quartered in any house without the owner's consent, except in times of war and as prescribed by law. The Fourth Amendment protects citizens from unreasonable searches and seizures, stating that warrants must be issued with probable cause and particular descriptions of the places to be searched and persons or things to be seized.
The Fourteenth Amendment guarantees citizenship and equal protection under the law, prohibiting states from treating individuals differently based on race, gender, age, religion, national origin, marital status, or physical ability. The Fifteenth Amendment ensures that the right to vote cannot be denied or abridged based on race, colour, or previous conditions of servitude.
In 1927, a significant change was made to the Oregon Constitution when Oregonians voted to remove a section that excluded individuals based on race from suffrage, bringing the state constitution in line with the Fifteenth Amendment to the US Constitution.
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Distribution of powers within the state
The Oregon Constitution, enacted in 1857, outlines the distribution of powers within the state government. The document consists of 18 articles, which establish the framework for governance and delineate the powers, structure, and limitations of the state government.
Article III of the Oregon Constitution is specifically entitled "Distribution of Powers" and plays a crucial role in dividing governmental authority. This article consists of four sections, each elaborating on the distribution of powers among the different branches of government.
The Oregon Constitution establishes a system of checks and balances by dividing powers across the legislative, executive, and judicial branches. This separation of powers is designed to prevent the concentration of authority in a single branch and to promote a balanced governance structure.
The Legislative Branch, outlined in Article IV, consists of 33 sections, one of which has been repealed. This branch holds the power to create and amend laws and is responsible for representing the people of Oregon in the legislative process.
The Executive Branch, detailed in Article V, is comprised of 18 sections. This branch is responsible for executing and enforcing the laws established by the legislative branch. The Governor, as the head of the executive branch, plays a crucial role in ensuring the effective administration and implementation of state policies.
The Judicial Branch, outlined in Article VII, consists of nine sections. This branch is responsible for interpreting the laws and ensuring that the legislative and executive branches operate within the boundaries set by the Constitution. The judicial branch also resolves disputes and ensures equal justice under the law for all citizens of Oregon.
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The process of making changes to the constitution
The Oregon Constitution is the governing document of the U.S. state of Oregon, originally enacted in 1857. It 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, a simple majority of favourable votes is enough to ratify an amendment once it has been placed on the ballot by initiative petition or referred to the people by a simple majority vote in the state legislature.
The Oregon Constitution can be amended with a legislative, citizen-initiated, or convention-referred constitutional amendment, all of which require voter approval. The constitutional revision process is established in Section 2 of Article XVII. An initiated amendment must be proposed by a petition signed by a number of qualified voters equal to 8% of the total number of votes cast for all candidates for Governor in the preceding gubernatorial election. The petition must include the full text of the proposed amendment and be filed no less than four months before the election at which the amendment is to be voted on.
The Oregon Constitution was first amended in 1902 when voters approved Measure 1 to establish an initiative and referendum process. Since then, it has been amended 260 times, most recently on November 5, 2024. Changes have included the introduction of a direct legislation system, which enabled Oregon voters to propose and approve amendments to the Constitution and the Oregon Revised Statutes.
In 1905, a coalition of Oregon lawyers advocated for a constitutional convention to be held the following year and drafted plans for the selection of delegates. Dissenters included Portland attorneys George W. Joseph and C. E. S. Wood, who argued that the existing initiative and referendum system offered sufficient opportunity to amend the constitution as needed.
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Frequently asked questions
I'm sorry, but I couldn't find the exact word count for the Oregon Constitution. However, it is a lengthy document with 18 articles and various sections.
The Oregon Constitution was originally drafted and ratified in 1857 and went into effect when Oregon became a state on February 14, 1859.
The Oregon Constitution has been amended 260 times since its original enactment. The first amendment occurred in 1902, and the most recent one was approved on November 5, 2024.
The Oregon Constitution contains a Bill of Rights, which includes most of the rights protected by the US Bill of Rights. It also outlines the distribution of powers within the state government, election times, state boundaries, and designates Salem as the capital.
Amendments to the Oregon Constitution can be proposed through legislative, citizen-initiated, or convention-referred processes. However, all amendments require voter approval to be enacted.
