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OREGON.TXT
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CONSTITUTION
of the
STATE OF OREGON
PREAMBLE
We the people of the State of Oregon to the end that justice
be established, order maintained, and liberty perpetuated,
do ordain this Constitution.
ARTICLE I
BILL OF RIGHTS
Sec. 1. We declare that all men, when they form a social compact are
equal in right: that all power is inherent in the people and
all free governments are founded on their authority, and in-
stituted for their peace, safety, and happiness; and they
have at all times a right to alter, reform, or abolish the
government in such manner as they may think proper.
Sec. 2. All men shall be secure in the Natural right, to worship
almighty God according to the dictates of their own con-
sciences.
Sec. 3. No law shall in any case whatever control the free exercise
and enjoyment of religeous (sic) opinions, or interfere with
the rights of conscience.
Sec. 4. No religious test shall be required as a qualification for
any office of trust or profit.
Sec. 5. No money shall be drawn from the Treasury for the benefit of
any religeous (sic), or theological institution, nor shall
any money be appropriated for the payment of any religeous
(sic) services in either house of the legislative Assembly.
Sec. 6. No person shall be rendered incompetent as a witness, or
juror in consequence of his opinions on matters of religeon
(sic); nor be questioned in any Court of Justice touching
his religeous (sic) belief to affect the weight of his
testimony.
Sec. 7. The mode of administering an oath, or affirmation shall be
such as may be most consistent with, and binding upon the
conscience of the person to whom such oath or affirmation
may be administered.
Sec. 8. 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.
Sec. 9. No law shall violate the right of the people to be secure in
their persons, houses, papers, and effects, against unrea-
sonable search, or seizure; and no warrant shall issue but
upon probable cause, supported by oath, or affirmation, and
particularly describing the place to be searched, and the
person or thing to be seized.
Sec. 10. No court shall be secret, but justice shall be administered,
openly and without purchase, completely and without delay,
and every man shall have remedy by due course of law for
injury done him in his person, property, or reputation.
Sec. 11. In all criminal prosecutions, the accused shall have the
right to public trial by an impartial jury in the county in
which the offence shall have been committed; to be heard by
himself and counsel; to demand the nature and cause of the
accusation against him, and to have a copy thereof; to meet
the witnesses face to face, and to have compulsory process
for obtaining witnesses in his favor; provided, however,
that any accused person, in other than capital cases, and
with the consent of the trial judge, may elect to waive
trial by jury and consent to be tried by the judge of the
court alone, such election to be in writing; provided, how-
ever, that in the circuit court ten members of the jury may
render a verdict of guilty of first degree murder, which
shall be found only by a unanimous verdict, and not other-
wise; provided further, that the existing laws and Consti-
tutional provisions relative to criminal prosecutions shall
be continued and remain in effect as to all prosecutions for
crimes committed before the taking of effect of this amend-
ment. [Constitution of 1859; Amendment proposed by S.J.R.
No. 4, 1931, and adopted by people Nov. 8, 1932; Amendment
proposed by S.J.R. No. 4, 1933 (2d s.s.), and adopted by
people May 18, 1934]
NOTE: The lead line to section 11 was a part of the measure
submitted to the people by S.J.R. No. 4, 1933 (2d s.s.)
Sec. 12. No person shall be put in jeopardy twice for the same of-
fence (sic), nor be compelled in any criminal prosecution to
testify against himself.
Sec. 13. No person arrested, or confined in jail, shall be treated
with unnecessary rigor.
Sec. 14. Offences (sic), except murder, and treason, shall be bail-
able by sufficient sureties. Murder or treason, shall not be
bailable, when the proof is evident, or the presumption
strong.
Sec. 15. Laws for the punishment of crime shall be founded on the
principles of reformation, and not of vindictive justice.
Sec. 16. Excessive bail shall not be required, nor excessive fines
imposed. Cruel and unusual punishments shall not be in-
flicted, but all penalties shall be proportioned to the
offense. - In all criminal cases whatever, the jury shall
have the right to determine the law, and the facts under the
direction of the court as to the law, and the right of new
trial, as in civil cases.
Sec. 17. In all civil cases the right of Trial by jury shall remain
inviolate.
Sec. 18. Private property shall not be taken for public use, nor the
particular services of any man be demanded, without just
compensation; nor except in the case of the state, without
such compensation first assessed and tendered; provided,
that the use of all roads, ways and waterways necessary to
promote the transportation of the raw products of mine or
farm or forest or water for beneficial use or drainage is
necessary to the development and welfare of the state and is
declared a public use. [Constitution of 1859; Amendment
proposed by S.J.R. No. 17, 1919, and adopted by people May
21, 1920; Amendment proposed by S.J.R. No. 8, 1923, and
adopted by people Nov. 4, 1924]
Sec. 19. There shall be no imprisonment for debt, except in case of
fraud or absconding debtors.
Sec. 20. No law shall be passed granting to any citizen or class of
citizens privileges, or immunities, which, upon the same
terms, shall not belong to all citizens.
Sec. 21. No ex-post facto law, or law impairing the obligation of
contracts shall ever be passed, nor shall any law be pass-
ed, the taking effect of which shall be made to depend upon
any authority, except as provide in this Constitution; pro-
vided, that laws locating the Capitol of the State, locating
County Seats, and submitting town, and corporate acts, and
other local, and Special laws may take effect, or not, upon
a vote of the electors interested.
Sec. 22. The operation of the laws shall never be suspended, except
by the Authority of the Legislative Assembly.
Sec. 23. The privilege of the writ of habeas corpus shall not be
suspended unless in case of rebellion, or invasion the
public safety require it.
Sec. 24. Treason against the State shall consist only in levying war
against it, or adhering to its enemies, giving them aid and
comfort. No person shall be convicted of treason unless on
the testimony of two witnesses to the same overt act, or
confession in open court.
Sec. 25. No conviction shall work corruption of blood, or forfeiture
of estate.
Sec. 26. No law shall be passed restraining any of the inhabitants of
the State from assembling together in a peaceable manner to
consult for their common good; nor from instructing their
Representatives; nor from applying to the Legislature for
redress of greviances (sic).
Sec. 27. The people shall have the right to bear arms for the defence
(sic) of themselves, and the State, but the military shall
be kept in strict subordination to the civil power [.]
Sec. 28. No soldier shall, in time of peace, be quartered in any
house, without the consent of the owner, nor in time of war,
except in a manner prescribed by law.
Sec. 29. No law shall be passed granting any title of Nobility, or
conferring hereditary distinctions.
Sec. 30. No law shall be passed prohibiting emigration from the
State.
Sec. 31. Rights of aliens; immigration to state. [Constitution of
1859; repeal proposed by H.J.R. 16, 1969, and adopted by
people May 26, 1970]
Sec. 32. No tax or duty shall be imposed without the consent of the
people or their representatives in the Legislative Assembly;
and all taxation shall be uniform on the same class of
subjects within the territorial limits of the authority
levying the tax. [Constitution of 1859; Amendment proposed
by H.J.R. 16, 1917, and adopted by people June 4, 1917]
Sec. 33. This enumeration of rights, and privileges shall not be con-
strued to impair or deny others retained by the people.
Sec. 34. There shall be neither slavery, nor involuntary servitude in
the State, otherwise than as a punishment for crime, whereof
the party shall have been duly convicted. - [Added to Bill
of Rights as unnumbered section by vote of the people at
time of adoption of the Oregon Constitution in accordance
with section 4 of Article XVIII thereof]
Sec. 35. [repealed] Free negroes and mulattos.
Sec. 36. [repealed] Liquor prohibition.
Sec. 36. [repealed] Capital Punishment abolished. [1920]
Sec. 36a [repealed] Prohibition of importation of liquors.
Sec. 37. [repealed] Penalty for murder in first degree.
Sec. 38. Laws abrogated by amendment abolishing death penalty re-
vived. [1964]
Sec. 39. The State shall have power to license private clubs, frat-
ernal organizations, veteran's organizations, railroad
corporations operating interstate trains and commercial
establishments where food is cooked and served, for the
purpose of selling alcoholic liquor by the individual glass
at retail, for consumption on the premises, including mixed
drinks and cocktails, compounded or mixed on the premises
only. The legislative Assembly shall provide in such detail
as it shall deem advisable for carrying out and administer-
ing the provisions of this amendment and shall provide ad-
equate safeguards to carry out the original intent and pur-
pose of the Oregon Liquor Control Act, including the pro-
motion of temperance in the use and comsumption of lighter
beverages and aid in the establishment of Oregon industry.
this power is subject to the following:
(1) The provisions of this amendment shall take effect and
be in operation sixty (60) days after the approval and
adoption by the people of Oregon; provided, however, the
right of a local option election exists in the counties and
in any incorporated city or town containing a population of
at least five hundred (500). The legislative Assembly shall
prescribe a means and a procedure by which the voters of any
county or incorporated city or town as limited above in any
county, may through a local option election determine
whether to prohibit or permit such power, and such procedure
shall specifically include that whenever fifteen percent
(15%) of the registered voters of any county in the state or
of any incorporated city or town as limited above, in any
county in the state, shall file a petition requesting an
election in this matter, the question shall be voted upon at
the next regular November biennial election, provided said
petition is filed not less than sixty (60) days before the
day of election. (2) Legislation relating to this matter
shall operate uniformly throughout the state and all indi-
viduals shall be treated equally; and all provisions shall
be liberally construed for the accomplishment of these pur-
poses. [Created through initiative petition filed July 2,
1952, adopted by people Nov. 4, 1952]