Omar Bennett
The Oregon Constitution is the governing document of the US state of Oregon. It was originally enacted in 1857 and has been amended 260 times since. The Oregon Constitution outlines the state's framework for governance, including the divisions of power within the state government, election timings, and state boundaries. Notably, the Oregon Constitution included a racial exclusion clause that denied African Americans and Chinese people the right to suffrage, which was only removed in 1927. In contrast, the US Constitution, while also providing for a federal system, outlines the powers, structure, and limitations of the federal government and protects fundamental rights and liberties for all US citizens. The US Constitution is more difficult to amend than the Oregon Constitution, requiring a two-thirds majority in Congress and ratification by three-quarters of the states.
| Characteristics | Values |
|---|---|
| Date Enacted | Oregon Constitution: 1857; US Constitution: 1787 |
| Number of Sections/Articles | Oregon Constitution: 18 sections; US Constitution: 7 articles |
| Amendments | Oregon Constitution: amended 260 times; US Constitution: amended 27 times |
| Amendment Process | Oregon Constitution: 4 paths in 2 articles; US Constitution: 2/3 vote in Congress and 3/4 ratification by states |
| Racial Exclusion | Oregon Constitution: included racial exclusion; US Constitution: Fifteenth Amendment granted suffrage to African Americans |
| Initiative and Referendum Process | Oregon Constitution: adopted in 1902; US Constitution: no mention |
| Election Laws | Oregon Constitution: outlines election times; US Constitution: no mention |
| State Boundaries | Oregon Constitution: defines state boundaries; US Constitution: no mention |
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What You'll Learn
The US Constitution is harder to amend than Oregon's
The Oregon Constitution, which was first ratified in 1857, has been amended over 260 times. The process of amending the constitution is outlined in two different articles, providing four different paths to change the state's constitution. One method is a legislatively referred constitutional amendment, where amendments can be proposed in either house of the state legislature and must earn a majority vote in both houses to be put before voters. Another method is a citizen-initiated constitutional amendment, which requires a petition signed by 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 at least four months before the election.
The ease of amending Oregon's constitution has led to frequent changes, with voters approving a new amendment as recently as November 5, 2024. The flexibility of the amendment process allows Oregon to adapt its constitution to the evolving needs and preferences of its citizens. For example, in 1902, Oregon voters approved the establishment of an initiative and referendum process, enabling them to propose and approve amendments directly. This system enhances democratic participation and empowers citizens to shape their state's laws actively.
In contrast, the US Constitution's amendment process is deliberately designed to be challenging, reflecting the intention of the Founding Fathers to create a stable and enduring framework for the nation. The high threshold for amendment ensures that any changes to the US Constitution are carefully considered and widely supported, helping to maintain consistency and stability in the country's governing principles.
While the US Constitution's amendment process may be more challenging, it is worth noting that Oregon's constitution, like those of other states, is ultimately subject to the US Constitution and federal law. The US Constitution's supremacy is established in the Supremacy Clause, ensuring that state laws and constitutions cannot contradict or override federal law. This hierarchical structure maintains the consistency and uniformity of rights and laws across the nation, preventing conflicts between state and federal regulations.
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Oregon's constitution has been amended 260 times
The Oregon Constitution, first enacted in 1857, has been amended 260 times. The first amendment came in 1902, when voters approved an initiative to establish a referendum process for future amendments. This process allows Oregon voters to propose and approve amendments to the constitution and the Oregon Revised Statutes.
The Oregon Constitution can be amended in three ways: through a legislative process, a citizen-initiated process, or a convention-referred constitutional amendment. All three methods require voter approval. The legislative process is established in Section 1, Article XVIII of the Oregon Constitution, which allows the state legislature to propose amendments. These amendments must be put before voters in a special election ballot and earn a majority of votes in favour.
The citizen-initiated process is outlined in Section 1, Article IV, which states that citizens can propose an amendment by petition. The petition must contain the full text of the proposed amendment and be signed by at least eight per cent of the total number of votes cast in the preceding gubernatorial election. The signatures must be filed at least four months before the election at which the amendment will be voted on.
The third method, a convention-referred constitutional amendment, is mentioned in Section 2 of Article XVII. This method requires a constitutional convention, which can only be held if approved by a referendum vote in a general election.
The ease of amending Oregon's constitution is in contrast to the US Constitution, which requires a two-thirds vote in Congress and ratification by three-fourths of the states.
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Oregon's constitution includes a bill of rights
The Oregon Constitution, enacted in 1857, includes a Bill of Rights as its first article. This Bill of Rights contains most of the rights and privileges protected by the United States Bill of Rights and the main text of the US Constitution. Oregon's Bill of Rights has 46 sections, five of which have been repealed.
The Oregon Constitution has been amended 260 times, with the most recent amendment approved by voters on November 5, 2024. One notable difference in the amendment process between the Oregon and US constitutions is that the Oregon Constitution can be amended through a citizen-initiated process. This process allows citizens to propose and approve amendments directly. Specifically, an amendment can be put before voters through an initiated constitutional amendment if proposed by a petition signed by 8% of the total number of votes cast for all candidates for Governor in the preceding election with a four-year term. The petition must include the full text of the proposed amendment and be filed at least four months before the election.
In contrast, amending the US Constitution requires a two-thirds vote in Congress and ratification by three-fourths of the states, without a direct citizen-initiated process.
Another difference between the two constitutions lies in their respective histories regarding racial exclusion. The original Oregon Constitution of 1857 included a racial exclusion section, which denied suffrage to African Americans and Chinese individuals. This provision was retained by Oregonians in 1916, despite being rendered void by the Fifteenth Amendment to the US Constitution. It was not until 1927 that Oregonians voted to remove this exclusion from their constitution.
The Oregon Constitution also outlines the state's framework for governance, including the divisions of power within the state government, election times, state boundaries, and the designation of Salem as the state capital.
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Oregon's constitution outlines state boundaries and the capital
The Oregon Constitution is the governing document of the US state of Oregon. It was first ratified in 1857 and came into effect in 1859 when Oregon became a state. The document contains 18 sections, beginning with a Bill of Rights that mirrors the United States Bill of Rights. The remainder of the Oregon Constitution outlines the divisions of power within the state government, election timings, and defines the state boundaries and capital as Salem.
The Oregon Constitution has been amended 260 times, with the most recent amendment occurring in 2024. Amendments can be made through a legislative, citizen-initiated, or convention-referred process, all of which require voter approval. For instance, in 1902, voters approved the establishment of an initiative and referendum process. This process allows Oregonians to propose and approve amendments directly.
The constitutional revision process is established in Section 2 of Article XVII. Section 1, Article IV, outlines the citizen-initiated amendment process, which requires a petition with a number of signatures equal to 8% of the votes cast in the preceding gubernatorial election. The petition must include the full text of the proposed amendment and be filed at least four months before the election.
Additionally, Section 1 of Article XVIII describes the legislatively referred amendment process. Amendments can be proposed in either house of the state legislature, and a majority vote in each house is required to earn a spot on the ballot. The legislature can also place amendments on a special election ballot. If multiple amendments are proposed, they must be voted on separately.
The Oregon Constitution is distinct from the US Constitution in its ease of amendment. While amending the US Constitution requires a two-thirds vote in Congress and ratification by three-fourths of the states, the Oregon Constitution offers multiple paths for amendments, all of which involve direct voter approval.
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Oregon's constitution has a different process for voter-led amendments
The Oregon Constitution is the governing document of the US state of Oregon, which was originally enacted in 1857. It contains eighteen sections, including a bill of rights, and outlines the divisions of power within the state government, election timings, and state boundaries.
The Oregon Constitution has been amended 260 times since 1902, with voters approving a new amendment as recently as November 2024. In contrast to the US Constitution, which requires a two-thirds vote in Congress and ratification by three-fourths of the states for any amendments, Oregon's constitution has a different process for voter-led amendments. Oregon's constitution lays out four different paths in two different articles for amending the document.
The first method is a citizen-initiated amendment, as outlined in Section 1, Article IV. This process 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 preceding four-year election term. The petition must include the full text of the proposed amendment and be filed at least four months before the election at which the amendment will be voted on.
The second method is a legislatively referred constitutional amendment, as per Section 1, Article XVIII. 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 favor. The legislature can place these amendments on a special election ballot, and if multiple amendments are proposed, they must be voted on separately.
The third method is a constitutional convention, which can only be held if approved by a referendum vote in a regular general election, as per Section 1, Article XVIII.
The fourth method is a direct legislation system, introduced in 1902, which enables Oregon voters to propose and approve amendments to the Constitution and the Oregon Revised Statutes.
Oregon's constitution-amending process, therefore, provides multiple avenues for citizen and legislative involvement in shaping the state's governing document.
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Frequently asked questions
The Oregon Constitution is the governing document of the state of Oregon and contains information specific to the state, such as state boundaries and the location of the state capital. The US Constitution, on the other hand, applies to the entire country and outlines the framework for the federal government.
Amending the US Constitution is a complex process that requires a two-thirds majority in Congress and ratification by three-quarters of US states. The Oregon Constitution can be amended via a legislative, citizen-initiated, or convention-referred constitutional amendment, all of which require a simple majority of voters for approval.
An amendment can be placed on the ballot in Oregon via an initiative petition or a legislative amendment. An initiative petition must be signed by at least eight per cent of the total number of votes cast in the last gubernatorial election. A legislative amendment requires a majority vote in the state legislature.
The Oregon Constitution contains a Bill of Rights that includes most of the rights and privileges protected by the US Bill of Rights and the main text of the US Constitution, such as freedom of speech.
