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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]