Oregon Constitution "ARTICLE I BILL OF RIGHTS"
Oregon Constitution – Article I: Bill of Rights – Summary
Article I of the Oregon Constitution is the state's Bill of Rights, outlining the fundamental civil liberties and protections guaranteed to all individuals within Oregon. It parallels the U.S. Bill of Rights but includes unique provisions tailored to the state’s values at the time of adoption (1857) and as amended.
Below is a section-by-section summary of key rights and principles in Oregon’s Article I:
🔹 Section 1 – Natural Rights
Declares all people free and equal, endowed with inalienable rights including life, liberty, property, and the pursuit of happiness.
🔹 Section 2 – Freedom of Religion
Guarantees freedom of worship and religious belief.
No person shall be molested or held accountable based on their religion.
🔹 Section 3 – Religious Freedom in Practice
No religious test shall be required to hold public office.
No money shall be taken from the public treasury for religious institutions.
🔹 Section 4 – No Religious Qualification for Office
Reinforces that religion is not a qualification for state office or privilege.
🔹 Section 5 – Freedom of Speech and Press
Guarantees free expression.
All people may speak, write, or publish freely on any subject, being responsible for abuse of that liberty.
🔹 Section 6 – Right to Bear Arms
Protects the right of the people to bear arms for defense of themselves and the state.
Maintains that the military is subordinate to civil power.
🔹 Section 8 – No Prior Restraint
Laws restricting speech or press in advance are prohibited.
🔹 Section 9 – Unreasonable Searches and Seizures
Affirms the right to be secure in one’s person, house, papers, and effects.
Warrants must be based on probable cause, supported by oath or affirmation.
🔹 Section 10 – Open Courts
Ensures access to courts and remedies for injury.
Justice must be administered openly and without delay.
🔹 Section 11 – Rights of the Accused
Rights in criminal prosecutions: public trial, impartial jury, right to counsel, and confrontation of witnesses.
🔹 Section 12 – No Double Jeopardy
Protects against being tried twice for the same offense.
🔹 Section 13 – Habeas Corpus
Guarantees the right to challenge unlawful detention.
🔹 Section 14 – Bail and Punishment
Entitles accused persons to reasonable bail, except for capital offenses with evident proof.
Cruel and unusual punishments are prohibited.
🔹 Section 15 – Penalties and Reform
Punishments must be proportionate and should aim for reformation, not vindictive justice.
🔹 Section 16 – Due Process and Equal Protection
No one shall be deprived of life, liberty, or property without due process of law.
Laws must provide equal protection.
🔹 Section 17 – Jury Trial in Civil Cases
Preserves the right to a jury trial in civil cases where it was available under common law.
🔹 Section 18 – Private Property
Private property shall not be taken for public use without just compensation.
🔹 Section 20 – Equality Under the Law
Guarantees that no class of citizens shall be granted privileges or immunities not equally available to others.
🔹 Section 21 – Ex Post Facto Laws
Prohibits laws that apply retroactively to criminalize acts after the fact.
🔹 Section 22 – Suspension of Laws
Only the Legislature can suspend laws, not the Governor or other agencies.
🔹 Section 26 – Assembly and Petition
Guarantees the right of the people to assemble peacefully and petition the government for redress of grievances.
🔹 Section 27 – Right to Bear Arms
Reiterates the right to bear arms, with language similar to the U.S. Second Amendment.
🔹 Section 33 – Rights Retained by the People
The listing of rights shall not deny others retained by the people (similar to the 9th Amendment of the U.S. Constitution).
🟨 Note: Some sections have been repealed or amended over time. Others, such as on slavery (Section 34) or women's rights (various amendments), reflect historical evolution.
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