
                             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

   Section 1.   We declare that all men, when they form a social compact are 
equal in rights: that all power is inherent in the people and all free 
governments are founded on their authority, and instituted 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.

   Section 2.   All men shall be secure in the Natural right, to worship
almighty God according to the dictates of their own consciences.

   Section 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.

   Section 4.   No religious test shall be required as a qualification for
any office of trust or profit.

   Section 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.

   Section 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.

   Section 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.

   Section 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

   Section 9.   No law shall violate the right of the people to be secure in 
their persons, houses, papers, and effects, against unreasonable 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.

   Section 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.

   Section 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, however, 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
otherwise; provided further, that the existing laws and Constitutional
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 amendment. [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.)

   Section 12.  No person shall be put in jeopardy twice for the same offence 
nor be compelled in any criminal prosecution to testify against himself.

   Section 13.  No person arrested, or confined in jail, shall be treated
with unnecessary rigor.

   Section 14.  Offences (sic), except murder, and treason, shall be bailable 
by sufficient sureties. Murder or treason, shall not be bailable, when the
proof is evident, or the presumption strong.

   Section 15.  Laws for the punishment of crime shall be founded on the
principles of reformation, and not of vindictive justice.

   Section 16.  Excessive bail shall not be required, nor excessive fines
imposed. Cruel and unusual punishments shall not be inflicted, 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.

   Section 17.  In all civil cases the right of Trial by jury shall remain
inviolate.

   Section 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]

   Section 19.  There shall be no imprisonment for debt, except in case of
fraud or absconding debtors.

   Section 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.

   Section 21.  No ex-post facto law, or law impairing the obligation of
contracts shall ever be passed, nor shall any law be passed, the taking
effect of which shall be made to depend upon any authority, except as provide
in this Constitution; provided, 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.

   Section 22.  The operation of the laws shall never be suspended, except by 
the Authority of the Legislative Assembly.

   Section 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.

   Section 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.

   Section 25.  No conviction shall work corruption of blood, or forfeiture
of estate.

   Section 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).

   Section 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 [.]

  Section 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.

   Section 29.  No law shall be passed granting any title of Nobility, or
conferring hereditary distinctions.

   Section 30.  No law shall be passed prohibiting emigration from the State.

   Section 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]

   Section 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]

   Section 33.  This enumeration of rights, and privileges shall not be
construed to impair or deny others retained by the people.

   Section 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]

   Section 35 - [repealed] Free negroes and mulattos.

   Section 36. [repealed] Liquor prohibition.

   Section 36. [repealed] Capital Punishment abolished. [1920]

   Section 36a [repealed] Prohibition of importation of liquors.

   Section 37. [repealed] Penalty for murder in first degree.

   Section 38. Laws abrogated by amendment abolishing death penalty revived. 
[1964]

   Section 39.  The State shall have power to license private clubs, frater-
nal 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
administering the provisions of this amendment and shall provide adequate
safeguards to carry out the original intent and purpose of the Oregon Liquor
Control Act, including the promotion 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 individuals shall be treated equally; and all
provisions shall be liberally construed for the accomplishment of these
purposes. [Created through initiative petition filed July 2, 1952, adopted by
people Nov. 4, 1952]
