Oklahoma Constitution
| Oklahoma Constitution |
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| Articles |
| Preamble • I • II • III • IV • V • VI • VII • VIIA • VIIB • VIII • IX • X • XI • XII • XIIA • XIII • XIIIA • XIIIB • XIV • XV • XVI • XVII • XVIII • XIX • XX • XXI • XXII • XXIII • XXIV • XXV • XXV-A • XXVI • XXVIIIA • XXVIII • XXIX • XXX • Schedule |
The Oklahoma Constitution is the state constitution of Oklahoma.
- The current Oklahoma Constitution was adopted in 1907.
- Oklahoma has had one state constitution.
- The current state constitution has 30 articles.
- The current Oklahoma Constitution has been amended 205 times.[1]
- Voters last approved a new amendment to the Oklahoma Constitution on November 5, 2024, when voters approved State Question 834.
The Oklahoma Constitution can be amended with a legislative, citizen-initiated, or covention-referred constitutional amendment, all of which require voter approval.
A state constitution is the fundamental document that outlines a state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
Background
Oklahoma became the 46th state on November 16, 1907. When the constitution was ratified, it was the longest governing document of any state at the time.[2][3][4]
Preamble
The preamble of the Oklahoma Constitution states:
Article I: Federal Relations
- See also: Article I, Oklahoma Constitution
Article I of the Oklahoma Constitution is entitled "Federal Regulations" and consists of seven sections, one of which has been repealed. Article I establishes how the state of Oklahoma is to relate to the United States federal government, stating that the U.S. Constitution is the Supreme Law of the Land.[5] By this article, religious freedom is established, polygamy is forbidden, the debts of Oklahoma Territory are acquired by the State of Oklahoma, public school are established to be taught only in English and it is established that suffrage shall never be revoked due to “race, color, or previous condition of servitude.”[5]
Click here to read this article of the Oklahoma Constitution.
Article II: Bill of Rights
- See also: Article II, Oklahoma Constitution
Article II of the Oklahoma Constitution is entitled "Bill of Rights" and consists of 37 sections. Article II enumerates the rights of all citizens of the State of Oklahoma. These include that all political power derives from the people, the inherent rights “to life, liberty, the pursuit of happiness, and the enjoyment of the gains of their own industry,” the right to peaceful assembly, a ban on the interference with suffrage, the definition of treason, the right to trial by jury, that marriage in the State of Oklahoma is defined as being between a man and a woman, and many others.[5]
Click here to read this article of the Oklahoma Constitution.
Article III: Suffrage
- See also: Article III, Oklahoma Constitution
Article III of the Oklahoma Constitution is entitled "Suffrage" and consists of seven sections, two of which have been repealed. All peoples of the age of 18 are qualified electors in the state and a State Elector Board is established charged with the supervision of such elections as the Legislature shall direct. No elector in Oklahoma may vote in any election unless previously registered to do so with the state, and all elections must be “free and equal,” as no “power, civil or military, shall ever interfere to prevent the free exercise of the right of suffrage,” and “electors shall be privileged from arrest during their attendance on elections and while going to and from the same” except in cases of treason against the state.[5]
Click here to read this article of the Oklahoma Constitution.
Article IV: Separation of Powers
- See also: Article IV, Oklahoma Constitution
Article IV of the Oklahoma Constitution is entitled "Departments of Government - Separation and Distinction" and consists of one section.
Article IV established the Government of Oklahoma under the doctrine of separation of powers and reads:
| “ | The powers of the government of the State of Oklahoma shall be divided into three separate departments: The Legislative, Executive, and Judicial; and except as provided in this Constitution, the Legislative, Executive, and Judicial departments of government shall be separate and distinct, and neither shall exercise the powers properly belonging to either of the others.[5][6] | ” |
Click here to read this article of the Oklahoma Constitution.
Article V: Legislative power
- See also: Article V, Oklahoma Constitution
Article V of the Oklahoma Constitution is entitled "Legislative Department" and consists of sections V-1 through V-63, ten of which have been repealed. Article V establishes the legislative branch of government, which includes the Oklahoma House of Representatives and the Oklahoma Senate. The Article establishes the manner of election and qualifications of members of each House. In addition, it provides for free debate in congress and limits self-serving behavior of congressmembers, outlines legislative procedure and indicates the powers of the legislative branch.
Click here to read this article of the Oklahoma Constitution.
Article VI: Executive power
- See also: Article VI, Oklahoma Constitution
Article VI of the Oklahoma Constitution is entitled "Executive Department" and consists of sections VI-1 through VI-35, five of which have been repealed. Article VI describes the governorship: procedures for the selection of the governor, qualifications for office, the oath to be affirmed and the powers and duties of the office. It also provides for the office of Lieutenant Governor, and specifies that the Lieutenant Governor succeeds to the governorship if the Governor is incapacitated, dies, or resigns. Other executive offices and departments created in the article are the Secretary of State, the Attorney General, the State Treasurer, the State Auditor and Inspector, the State Superintendent of Public Instruction, the Insurance Commissioner, the Commissioner of Labor, the Department of Mines, the Board of Agriculture, and the Commissioners of the Land Office.
Click here to read this article of the Oklahoma Constitution.
Article VII: Judicial power
- See also: Article VII, Oklahoma Constitution
Article VII of the Oklahoma Constitution is entitled "Judicial Department" and consists of sections VII-1 through VII-25, nine of which have been repealed. Article VII describes the court system, including the Supreme Court.
Click here to read this article of the Oklahoma Constitution.
Article VII-A: Court On The Judiciary
- See also: Article VIIA, Oklahoma Constitution
Article VIIA of the Oklahoma Constitution is entitled "Court On The Judiciary" and contains seven sections.
Click here to read this article of the Oklahoma Constitution.
Article VII-B: Selection Of Justices And Judges
- See also: Article VIIB, Oklahoma Constitution
Article VII-B of the Oklahoma Constitution is entitled "Selection Of Justices And Judges" and consists of seven sections.
Click here to read this article of the Oklahoma Constitution.
Article VIII: Impeachment
- See also: Article VIII, Oklahoma Constitution
Article VIII of the Oklahoma Constitution is entitled "Impeachment And Removal From Office" and consists of six sections. Article VIII states that all state elected offices, including Supreme Court Justices, are subject to impeachment for willful neglect of duty, corruption in office, habitual drunkenness, incompetency, or any offense involving moral turpitude committed while in office. The Oklahoma House of Representatives must bring the charges against the individual with the Oklahoma Senate serving as the Court on Impeachment, with the Chief Justice of Oklahoma serving as the court's judge. If charged with impeachment and found guilty, the official’s term is immediately suspended.
Click here to read this article of the Oklahoma Constitution.
Article IX: Corporations
- See also: Article IX, Oklahoma Constitution
Article IX of the Oklahoma Constitution is entitled "Corporations" and consists of sections IX-1 through IX-48, three of which have been repealed.
Click here to read this article of the Oklahoma Constitution.
Article X: Revenue and Taxation
- See also: Article X, Oklahoma Constitution
Article X of the Oklahoma Constitution is entitled "Revenue And Taxation" and consists of sections X-1 through X-43, one of which has been repealed.
Click here to read this article of the Oklahoma Constitution.
Article XI: State and School Lands
- See also: Article XI, Oklahoma Constitution
Article XI of the Oklahoma Constitution is entitled "State And School Lands" and consists of seven sections.
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Article XII: Homestead and Exemptions
- See also: Article XII, Oklahoma Constitution
Article XII of the Oklahoma Constitution is entitled "Homestead and Exemptions" and consists of two sections.
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Article XII-A: Homestead Exemption from Taxation
- See also: Article XIIA, Oklahoma Constitution
Article XII-A of the Oklahoma Constitution is entitled "Homestead Exemptions from Taxation" and consists of two sections.
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Article XIII: Education
- See also: Article XIII, Oklahoma Constitution
Article XIII of the Oklahoma Constitution is entitled "Education" and consists of sections XIII-1 through XIII-8, one of which has been repealed.
Click here to read this article of the Oklahoma Constitution.
Article XIII-A: Oklahoma State System of Higher Education
- See also: Article XIIIA, Oklahoma Constitution
Article XIII-A of the Oklahoma Constitution is entitled "Oklahoma State System of Higher Education" and consists of four sections.
Click here to read this article of the Oklahoma Constitution.
Article XIII-B: Board of Regents of Oklahoma Colleges
- See also: Article XIIIB, Oklahoma Constitution
Article XIII-B of the Oklahoma Constitution is entitled "Board of Regents of Oklahoma Colleges" and consists of four sections.
Click here to read this article of the Oklahoma Constitution.
Article XIV: Banks and Banking
- See also: Article XIV, Oklahoma Constitution
Article XIV of the Oklahoma Constitution is entitled "Banks and Banking" and consists of three sections.
Click here to read this article of the Oklahoma Constitution.
Article XV: Oath of Office
- See also: Article XV, Oklahoma Constitution
Article XV of the Oklahoma Constitution is entitled "Oath of Office" and consists of two sections.
Click here to read this article of the Oklahoma Constitution.
Article XVI: Public Roads, Highways, and Internal Improvements
- See also: Article XVI, Oklahoma Constitution
Article XVI of the Oklahoma Constitution is entitled "Public Roads, Highways, and Internal Improvements" and consists of three sections.
Click here to read this article of the Oklahoma Constitution.
Article XVII: Counties
- See also: [[Article XVII, Oklahoma Constitution]
Article XVII of the Oklahoma Constitution is entitled "Counties" and consists of eight sections.
Click here to read this article of the Oklahoma Constitution.
Article XVIII: Municipal Corporations
- See also: Article XVIII, Oklahoma Constitution
Article XVIII of the Oklahoma Constitution is entitled "Municipal Corporations" and consists of sections XVIII-1 through XVIII-7.
Click here to read this article of the Oklahoma Constitution.
Article XIX: Insurance
- See also: Article XIX, Oklahoma Constitution
Article XIX of the Oklahoma Constitution is entitled "Insurance" and consists of four sections.
Click here to read this article of the Oklahoma Constitution.
Article XX: Manufacture and Commerce
- See also: Article XX, Oklahoma Constitution
Article XX of the Oklahoma Constitution is entitled "Manufacture and Commerce" and consists of two sections.
Click here to read this article of the Oklahoma Constitution.
Article XXI: Public Institutions
- See also: Article XXI, Oklahoma Constitution
Article XXI of the Oklahoma Constitution is entitled "Public Institutions" and consists of one section.
Click here to read this article of the Oklahoma Constitution.
Article XXII: Alien and Corporate Ownership of Lands
- See also: Article XXII, Oklahoma Constitution
Article XXII of the Oklahoma Constitution is entitled "Alien and Corporate Ownership of Lands" and consists of two sections.
Click here to read this article of the Oklahoma Constitution.
Article XXIII: Miscellaneous
- See also: Article XXIII, Oklahoma Constitution
Article XXIII of the Oklahoma Constitution is entitled "Miscellaneous" and consists of sections XXIII-1 through XXIII-12, one of which has been repealed.
Click here to read this article of the Oklahoma Constitution.
Article XXIV: Constitutional Amendments
- See also: Article XXIV, Oklahoma Constitution
Article XXIV of the Oklahoma Constitution is entitled "Constitutional Amendments" and consists of three sections.
Click here to read this article of the Oklahoma Constitution.
Article XXV: Social Security
- See also: Article XXV, Oklahoma Constitution
Article XXV of the Oklahoma Constitution is entitled "Social Security" and consists of six sections, three of which have been repealed.
Click here to read this article of the Oklahoma Constitution.
Article XXV-A: Medicaid Expansion
- See also: Article XXV-A, Oklahoma Constitution
Article XXV-A of the Oklahoma Constitution is entitled "Medicaid Expansion" and consists of four sections.
Click here to read this article of the Oklahoma Constitution.
Article XXVI: Department of Wildlife Conservation
- See also: Article XXVI, Oklahoma Constitution
Article XXVI of the Oklahoma Constitution is entitled "Department of Wildlife Conservation" and consists of four sections.
Article XXVII: Oklahoma Alcoholic Beverage Control Board
Repealed.
Article XXVIII: Alcoholic Beverage Laws and Enforcement
- See also: Article XXVIII, Oklahoma Constitution
Repealed.
Click here to read this article of the Oklahoma Constitution.
Article XXVIII-A: Alcoholic Beverage Laws And Enforcement
- See also: Article XXVIIIA, Oklahoma Constitution
Article XXVIIIA Article XXVIII of the Oklahoma Constitution consists of 10 sections.
Click here to read this article of the Oklahoma Constitution.
Article XXIX: Ethics Commission
- See also: Article XXIX, Oklahoma Constitution
Article XXIX of the Oklahoma Constitution is entitled "Ethics Commission" and consists of seven sections. This section of the Oklahoma Constitution deals with laws and other ordinances in place in the Territory of Oklahoma before its admission to the Union in 1907.
Click here to read this article of the Oklahoma Constitution.
Article XXX: Official Actions of the State of Oklahoma
- See also: Article XXX, Oklahoma Constitution
Article XXX of the Oklahoma Constitution is entitled "Official Actions of the State of Oklahoma" and consists of one section on the English language.
Click here to read this article of the Oklahoma Constitution.
Section Attestations
The Oklahoma Constitution ends with the officers and delegates to the Constitutional Convention signing the documents. It reads:[5]
| “ | Done in open Convention at the City of Guthrie, in the Territory of Oklahoma, on this, the sixteenth day of July, in the year of our Lord one thousand nine hundred and seven, and the Independence of the United States of America one hundred and thirty-first.
Territory of Oklahoma, Logan County:
|
” |
Amending the Oklahoma constitution
The Oklahoma Constitution provides three mechanisms for amending the state's constitution—a citizen-initiated process, a legislative process, and a state constitutional convention. Oklahoma requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments.
Initiative
- See also: Initiated constitutional amendment
An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments.
In Oklahoma, the number of signatures required for an initiated constitutional amendment is equal to 15% of the votes cast in the last gubernatorial election. A simple majority vote is required for voter approval.
Legislature
A simple majority vote is required during one legislative session for the Oklahoma State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 51 votes in the Oklahoma House of Representatives and 24 votes in the Oklahoma State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According to Section 2 of Article XXIV of the Oklahoma Constitution, a question about whether to hold a state constitutional convention is to automatically appear on the state's ballot every 20 years. Oklahoma is one of 14 states that provides for an automatic constitutional convention question. However, the last time Oklahomans voted on such a question was in 1970.[7] According to the State Constitutional Convention Clearinghouse, "Since 1970, Oklahoma’s legislature has refused to follow its Constitution with regard to this provision. In 1994, it placed a referendum on the ballot to eliminate this requirement, but the people of Oklahoma defeated it. Since 1990, many bills have been introduced to implement this part of the Constitution but none has passed."[8]
See also
- State constitution
- Constitutional article
- Constitutional amendment
- Constitutional revision
- Constitutional convention
- Amendments
External links
- Oklahoma State Legislature, "Oklahoma Constitution"
- Oklahoma Historical Society, "Oklahoma Resources"
Footnotes
- ↑ According to Steinglass and Scarselli (2022), the Constitution of 1907 had been amended 140 times through 1990. From 1991 to 2024, voters approved 65 additional constitutional amendments.
- ↑ History.com, "Oklahoma," accessed March 30, 2014
- ↑ Patriot Action Network, "Oklahoma," accessed March 30, 2014
- ↑ Oklahoma.gov, "Oklahoma State Constitution," accessed December 1, 2023
- ↑ 5.0 5.1 5.2 5.3 5.4 5.5 5.6 Cite error: Invalid
<ref>tag; no text was provided for refs namedok - ↑ 6.0 6.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Sooner Politics, "An Oklahoma Constitutional Convention Is Being Drawn Up", July 2, 2015
- ↑ State Constitutional Convention Clearinghouse, "Periodic Constitutional Convention Comparative Information"; retrieved January 4, 2016
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