Oklahoma Constitution
Encyclopedia
The Constitution of the State of Oklahoma is the governing document of the U.S. State of Oklahoma. Adopted in 1907, Oklahoma ratified the United States Constitution
on November 16, 1907, as the 46th US State. At its ratification, the Oklahoma Constitution was the longest governing document of any government in the world. All U.S. state constitutions are subject to federal
judicial review
; any provision can be nullified if it conflicts with federal law
or the US Constitution
.
The constitution has been regularly amended, beginning with an amendment approved in the same election in which it was ratified. More than 150 constitutional amendments have been approved by Oklahoma voters.
(to the west), and the Indian Territory
(to the east). Indian Territory, as its name suggests, had a large Native American population; the territory itself had been reduced over time to its then size.
The movement to secure statehood for Indian Territory began in 1902 with a convention
in Eufaula
, consisting of representatives of the "Five Civilized Tribes
". The representatives met again in 1903 to organize a constitutional convention
.
The Sequoyah Constitutional Convention
met in Muskogee
, on August 21, 1905. General Pleasant Porter
, Principal Chief of the Creek Nation, was selected as president of the convention. The elected delegates decided that the executive officers of the Five Civilized Tribes would also be appointed as vice-presidents: William Charles Rogers
, Principal Chief of the Cherokee
s; William H. Murray
, appointed by Chickasaw
Governor Douglas H. Johnston
to represent the Chickasaws; Chief Green McCurtain
of the Choctaw
s; Chief John Brown
of the Seminoles; and Charles N. Haskell
, selected to represent the Creeks (as General Porter had been elected President).
The convention drafted a constitution, drew up a plan of organization for the government, put together a map showing the counties to be established, and elected delegates to go to the United States Congress
to petition for statehood. The convention's proposals were then put to a referendum in Indian Territory, in which they were overwhelmingly endorsed.
The delegation received a cool reception in Washington
. Eastern politicians, fearing the admission of two more Western states, and no doubt unwilling to admit an "Indian" state, put pressure on the U.S. President
, Theodore Roosevelt
, who finally ruled that the Indian and Oklahoma Territories would be granted statehood only as a combined state.
The hard work of the Sequoyah State Constitutional Convention was not entirely lost, however. When representatives from Indian Territory joined the Oklahoma State Constitutional Convention in Guthrie
the next year, they brought their constitutional experience with them. The Sequoyah Constitution served in large part as the basis for the constitution of the State of Oklahoma, which came into being with the merger of the two territories in 1907.
Article One establishes how the state of Oklahoma is to relate to the United States federal government, stating that the US Constitution is the Supreme Law of the Land. 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 that suffrage shall never be revoked due to “race, color, or previous condition of servitude.”
Article Two 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.
Article Three deals with suffrage in the State of Oklahoma. 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.
Article Four established the Government of Oklahoma
under the doctrine of separation of powers
and reads:
Article Five establishes the legislative branch
of government, Oklahoma Legislature
, which includes the House of Representatives
and the Senate
. The Article establishes the manner of election and qualifications of members of each House. In addition, it provides for free debate in the Legislature, limits self-serving behavior by Senators and Representatives, outlines legislative procedure and indicates the powers of the legislative branch.
Article Six describes the governorship
(the executive branch): 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 of Oklahoma
, 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.
Article Seven describes the court system (the judicial branch), which is unique in that it establishes two courts of last resort (only neighboring state Texas
has a similar system). The Article vests the judicial power in a Supreme Court
, a Court of Criminal Appeals
, a Worker's Compensation Court, a Court of Tax Review, and such intermediate, trial level and municipal courts as the Legislature, at its discretion, may establsh. As written in the Constitution, the Legislature is given the enumerated power to dissolve any court in Oklahoma at any time, except the Supreme Court. All civil judgments are reviewable by the Supreme Court and all criminal judgement are reviewable by the Court of Criminal Appeals.
The Article also creates the Oklahoma Court of Impeachment
(charged with removal all elected officials from office) and the Oklahoma Court on the Judiciary
(charged with reviewing Justices and Judges). The Article continues to further describe how Justices and Judges are selected, and how and under what circumstances Justices and Judges are removed from office.
Article Eight states that all state elected offices, including Supreme Court Justices, are subject to impeachment for wilful 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.
The final 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.
Territory of Oklahoma, Logan County:
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
on November 16, 1907, as the 46th US State. At its ratification, the Oklahoma Constitution was the longest governing document of any government in the world. All U.S. state constitutions are subject to federal
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
; any provision can be nullified if it conflicts with federal law
Federal law
Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join together in a federation, surrendering their individual sovereignty and many powers to the central government while...
or the US Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
.
The constitution has been regularly amended, beginning with an amendment approved in the same election in which it was ratified. More than 150 constitutional amendments have been approved by Oklahoma voters.
History
From 1890 onward, the land that now forms the State of Oklahoma was made up of the Oklahoma TerritoryOklahoma Territory
The Territory of Oklahoma was an organized incorporated territory of the United States that existed from May 2, 1890, until November 16, 1907, when it was joined with the Indian Territory under a new constitution and admitted to the Union as the State of Oklahoma.-Organization:Oklahoma Territory's...
(to the west), and the Indian Territory
Indian Territory
The Indian Territory, also known as the Indian Territories and the Indian Country, was land set aside within the United States for the settlement of American Indians...
(to the east). Indian Territory, as its name suggests, had a large Native American population; the territory itself had been reduced over time to its then size.
The movement to secure statehood for Indian Territory began in 1902 with a convention
Convention (meeting)
A convention, in the sense of a meeting, is a gathering of individuals who meet at an arranged place and time in order to discuss or engage in some common interest. The most common conventions are based upon industry, profession, and fandom...
in Eufaula
Eufaula, Oklahoma
Eufaula is a city in McIntosh County, Oklahoma, United States. The population was 2,639 at the 2000 census. It is the county seat of McIntosh County.-Geography:Eufaula is located at ....
, consisting of representatives of the "Five Civilized Tribes
Five Civilized Tribes
The Five Civilized Tribes were the five Native American nations—the Cherokee, Chickasaw, Choctaw, Creek, and Seminole—that were considered civilized by Anglo-European settlers during the colonial and early federal period because they adopted many of the colonists' customs and had generally good...
". The representatives met again in 1903 to organize a constitutional convention
Constitutional convention (political meeting)
A constitutional convention is now a gathering for the purpose of writing a new constitution or revising an existing constitution. A general constitutional convention is called to create the first constitution of a political unit or to entirely replace an existing constitution...
.
The Sequoyah Constitutional Convention
Sequoyah Constitutional Convention
The Sequoyah Constitutional Convention was an American Indian-led attempt to secure statehood for Indian Territory as an Indian-controlled jurisdiction, separate from the Oklahoma Territory...
met in Muskogee
Muskogee, Oklahoma
Muskogee is a city in Muskogee County, Oklahoma, United States. It is the county seat of Muskogee County, and home to Bacone College. The population was 38,310 at the 2000 census, making it the eleventh-largest city in Oklahoma....
, on August 21, 1905. General Pleasant Porter
Pleasant Porter
Pleasant Porter , was a respected American Indian statesman and the Principal Chief of the Creek Nation from 1899 until his death. He served with the Confederacy in the 1st Creek Mounted Volunteers, as Superintendent of Schools in the Creek Nation , as commander of the Creek Light Horsemen , and...
, Principal Chief of the Creek Nation, was selected as president of the convention. The elected delegates decided that the executive officers of the Five Civilized Tribes would also be appointed as vice-presidents: William Charles Rogers
William Charles Rogers
William Charles Rogers was born near Claremore, Oklahoma on the 13th of December 1847. A successful farmer, he entered local politics in 1881.A member of the Downing Party, he was elected Principal Chief in 1903, defeating E. L. Cookson of the National Party...
, Principal Chief of the Cherokee
Cherokee
The Cherokee are a Native American people historically settled in the Southeastern United States . Linguistically, they are part of the Iroquoian language family...
s; William H. Murray
William H. Murray
William Henry Davis "Alfalfa Bill" Murray was an American teacher, lawyer, and politician who became active in Oklahoma before statehood as legal adviser to Governor Douglas H. Johnston of the Chickasaw Nation...
, appointed by Chickasaw
Chickasaw
The Chickasaw are Native American people originally from the region that would become the Southeastern United States...
Governor Douglas H. Johnston
Douglas H. Johnston
Douglas Hancock Cooper Johnston , also known as “Douglas Henry Johnston”, was Governor of the Chickasaw Nation from 1898 to 1902 and from 1904 to 1939.- Background :...
to represent the Chickasaws; Chief Green McCurtain
Green McCurtain
Greenwood "Green" McCurtain was Principal Chief of the Choctaw Nation and , serving four two-year terms. He was the third of his brothers to be elected as chief, and after 1906 and the dissolution of tribal governments under the Dawes Act, he was appointed as chief by the United States government...
of the Choctaw
Choctaw
The Choctaw are a Native American people originally from the Southeastern United States...
s; Chief John Brown
John Brown (Seminole Chief)
John Frippo Brown, a Seminole of the Tiger Clan, was a Confederate States Army officer during the American Civil War. He was elected by the tribal council as the last principal chief of the Seminole Nation before Oklahoma statehood.-Early life and education:...
of the Seminoles; and Charles N. Haskell
Charles N. Haskell
Charles Nathaniel Haskell was an American lawyer, oilman, and statesman who served as the first Governor of Oklahoma. Haskell played a crucial role in drafting the Oklahoma Constitution as well as Oklahoma's statehood and admission into the United States as the 46th state in 1907...
, selected to represent the Creeks (as General Porter had been elected President).
The convention drafted a constitution, drew up a plan of organization for the government, put together a map showing the counties to be established, and elected delegates to go to the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
to petition for statehood. The convention's proposals were then put to a referendum in Indian Territory, in which they were overwhelmingly endorsed.
The delegation received a cool reception in Washington
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
. Eastern politicians, fearing the admission of two more Western states, and no doubt unwilling to admit an "Indian" state, put pressure on the U.S. President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
, Theodore Roosevelt
Theodore Roosevelt
Theodore "Teddy" Roosevelt was the 26th President of the United States . He is noted for his exuberant personality, range of interests and achievements, and his leadership of the Progressive Movement, as well as his "cowboy" persona and robust masculinity...
, who finally ruled that the Indian and Oklahoma Territories would be granted statehood only as a combined state.
The hard work of the Sequoyah State Constitutional Convention was not entirely lost, however. When representatives from Indian Territory joined the Oklahoma State Constitutional Convention in Guthrie
Guthrie, Oklahoma
Guthrie is a city in and the county seat of Logan County, Oklahoma, United States, and a part of the Oklahoma City Metroplex. The population was 9,925 at the 2000 census.Guthrie was the territorial and later the first state capital for Oklahoma...
the next year, they brought their constitutional experience with them. The Sequoyah Constitution served in large part as the basis for the constitution of the State of Oklahoma, which came into being with the merger of the two territories in 1907.
List of Prominent Delegates to Convention
- William H. MurrayWilliam H. MurrayWilliam Henry Davis "Alfalfa Bill" Murray was an American teacher, lawyer, and politician who became active in Oklahoma before statehood as legal adviser to Governor Douglas H. Johnston of the Chickasaw Nation...
(Constitutional Convention President, ninth Governor of OklahomaGovernor of OklahomaThe governor of the state of Oklahoma is the head of state for the state of Oklahoma, United States. Under the Oklahoma Constitution, the governor is also the head of government, serving as the chief executive of the Oklahoma executive branch, of the government of Oklahoma...
, first Speaker of the Oklahoma House of RepresentativesSpeaker of the Oklahoma House of RepresentativesThe Speaker of the Oklahoma House of Representatives is the presiding officer of the lower house of the Oklahoma Legislature, the Oklahoma House of Representatives. The Speaker exercises administrative and procedural functions in the House, but most importantly remains a representative of his...
) - Charles N. HaskellCharles N. HaskellCharles Nathaniel Haskell was an American lawyer, oilman, and statesman who served as the first Governor of Oklahoma. Haskell played a crucial role in drafting the Oklahoma Constitution as well as Oklahoma's statehood and admission into the United States as the 46th state in 1907...
(first Governor of Oklahoma) - Robert L. WilliamsRobert L. WilliamsRobert Lee Williams was an American lawyer, judge, and politician who served as the third Governor of Oklahoma. Williams would also play a role in the drafting of the Oklahoma Constitution...
(third Governor of Oklahoma, first Chief Justice of OklahomaOklahoma Supreme CourtThe Supreme Court of Oklahoma is one of the two highest judicial bodies in the U.S. state of Oklahoma and leads the Oklahoma Court System, the judicial branch of the government of Oklahoma....
) - Henry S. JohnstonHenry S. JohnstonHenry Simpson Johnston was an American lawyer and politician who served as a delegate to the Oklahoma Constitutional Convention, the first President pro tempore of the Oklahoma Senate, and the seventh Governor of Oklahoma...
(Constitution Convention President Pro Tempore, seventh Governor of Oklahoma, first President pro tempore of the Oklahoma SenatePresident pro tempore of the Oklahoma SenateThe President pro tempore of the Oklahoma Senate is the second-highest-ranking official of the Oklahoma Senate and the highest-ranking State Senator. The Oklahoma Constitution states the Lieutenant Governor of Oklahoma serves ex officio as President of the Senate, and is the highest-ranking...
) - Pete Hanraty (Constitution Convention Vice President)
- Albert H. Ellis (Constitutional Convention Second Vice President)
- Charles M. McClain (Constitutional Convention Secretary)
- Chas H. Filson (Secretary of Oklahoma)
Preamble
The Oklahoma Constitution Preamble reads:- Invoking the guidance of Almighty God, in order to secure and perpetuate the blessing of liberty; to secure just and rightful government; to promote our mutual welfare and happiness, we, the people of the State of Oklahoma, do ordain and establish this Constitution.
Article of the Constitution
The remainder of the constitution consists of twenty-nine articles, with the first eight pertaining to the state’s government.Federal Relations
Article One establishes how the state of Oklahoma is to relate to the United States federal government, stating that the US Constitution is the Supreme Law of the Land. By this article, religious freedom is established, polygamy
Polygamy
Polygamy is a marriage which includes more than two partners...
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 that suffrage shall never be revoked due to “race, color, or previous condition of servitude.”
Bill of Rights
Article Two 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.
Suffrage
Article Three deals with suffrage in the State of Oklahoma. 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.
Separation of Powers
Article Four established the Government of Oklahoma
Government of Oklahoma
The government of the US State of Oklahoma, established by the Oklahoma Constitution, is a republican democracy modeled after the Federal government of the United States. The state government has three branches: the executive, legislative, and judicial...
under the doctrine of separation of powers
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
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.
Legislative power
Article Five establishes the legislative branch
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
of government, Oklahoma Legislature
Oklahoma Legislature
The Legislature of the State of Oklahoma is the biennial meeting of the legislative branch of the government of Oklahoma. It is bicameral, comprising the Oklahoma House of Representatives and the Oklahoma Senate, with all members elected directly by the people. The House of Representatives has 101...
, which includes the House of Representatives
Oklahoma House of Representatives
The Oklahoma House of Representatives is the lower house of the Oklahoma Legislature, the legislative body of the U.S. state of Oklahoma. Its members are responsible for introducing and voting on bills and resolutions, providing legislative oversight for state agencies, and helping to craft the...
and the Senate
Oklahoma Senate
The Oklahoma Senate is the upper house of the two houses of the Legislature of Oklahoma, the other being the Oklahoma House of Representatives. The total number of Senators is set at 48 by the Oklahoma Constitution....
. The Article establishes the manner of election and qualifications of members of each House. In addition, it provides for free debate in the Legislature, limits self-serving behavior by Senators and Representatives, outlines legislative procedure and indicates the powers of the legislative branch.
Executive power
Article Six describes the governorship
Governor of Oklahoma
The governor of the state of Oklahoma is the head of state for the state of Oklahoma, United States. Under the Oklahoma Constitution, the governor is also the head of government, serving as the chief executive of the Oklahoma executive branch, of the government of Oklahoma...
(the executive branch): 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 of Oklahoma
Lieutenant Governor of Oklahoma
The Lieutenant Governor of Oklahoma is the second-highest executive official of the state government of Oklahoma. As first in the gubernatorial line of succession, the Lieutenant Governor becomes the new Governor of Oklahoma upon the death, resignation, or removal of the 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
Secretary of State of Oklahoma
The Secretary of State of the State of Oklahoma is the chief clerical officer of Oklahoma and a member of the Oklahoma Governor's Cabinet. The Secretary of State is only appointed constitutional member of the executive branch of the Oklahoma state government...
, the Attorney General
Attorney General of Oklahoma
The Attorney General of Oklahoma is the State Attorney General for the state of Oklahoma. The Attorney General serves as the chief legal and law enforcement officer of the State of Oklahoma. The Attorney General is responsible for providing legal advise to the various agencies and departments of...
, the State Treasurer
State Treasurer of Oklahoma
The State Treasurer of Oklahoma is the chief custodian of Oklahoma’s cash deposits, monies from bond sales, and other securities and collateral and directs the investments of those assets. The Treasurer provides for the safe and efficient operation of state government through effective banking,...
, the State Auditor and Inspector
Oklahoma State Auditor and Inspector
The Oklahoma State Auditor and Inspector is the chief financial officer for the U.S. State of Oklahoma. The State Auditor and Inspector is responsible for overseeing and reviewing the financial accounts of all government agencies within Oklahoma....
, the State Superintendent of Public Instruction
Oklahoma State Superintendent of Public Instruction
The Oklahoma State Superintendent of Public Instruction, sometimes called the Oklahoma State School Superintendent, is the chief executive officer for the Oklahoma State Department of Education and the President of the Oklahoma State Board of Education...
, the Insurance Commissioner
Oklahoma Insurance Commissioner
The Oklahoma Insurance Commissioner is an elected executive officer of the state of Oklahoma. The Insurance Commissioner serves as the head of the Oklahoma Department of Insurance. The Insurance Department is charged with executing of all laws relating to insurance and insurance companies doing...
, the Commissioner of Labor, the Department of Mines
Oklahoma Department of Mines
The Oklahoma Department of Mines is a department of the government of Oklahoma responsible for overseeing and regulating all surface and sub-surface mining activities in the State. The Department is also responsible for the reclamation of land disturbed by mining operations...
, the Board of Agriculture, and the Commissioners of the Land Office.
Judicial power
Article Seven describes the court system (the judicial branch), which is unique in that it establishes two courts of last resort (only neighboring state Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
has a similar system). The Article vests the judicial power in a Supreme Court
Oklahoma Supreme Court
The Supreme Court of Oklahoma is one of the two highest judicial bodies in the U.S. state of Oklahoma and leads the Oklahoma Court System, the judicial branch of the government of Oklahoma....
, a Court of Criminal Appeals
Oklahoma Court of Criminal Appeals
The Oklahoma Court of Criminal Appeals is one of the two highest judicial bodies in the U.S. state of Oklahoma and is part of the Oklahoma Court System, the judicial branch of the Oklahoma state government....
, a Worker's Compensation Court, a Court of Tax Review, and such intermediate, trial level and municipal courts as the Legislature, at its discretion, may establsh. As written in the Constitution, the Legislature is given the enumerated power to dissolve any court in Oklahoma at any time, except the Supreme Court. All civil judgments are reviewable by the Supreme Court and all criminal judgement are reviewable by the Court of Criminal Appeals.
The Article also creates the Oklahoma Court of Impeachment
Oklahoma Senate
The Oklahoma Senate is the upper house of the two houses of the Legislature of Oklahoma, the other being the Oklahoma House of Representatives. The total number of Senators is set at 48 by the Oklahoma Constitution....
(charged with removal all elected officials from office) and the Oklahoma Court on the Judiciary
Oklahoma Court on the Judiciary
The Oklahoma Court on the Judiciary is one of the two independent courts in the Oklahoma judiciary and has exclusive jurisdiction over hearing cases involving the removal of any judge of any court, excluding the Oklahoma Supreme Court, exercising judicial power under the Oklahoma...
(charged with reviewing Justices and Judges). The Article continues to further describe how Justices and Judges are selected, and how and under what circumstances Justices and Judges are removed from office.
Impeachment
Article Eight states that all state elected offices, including Supreme Court Justices, are subject to impeachment for wilful neglect of duty, corruption in office, habitual drunkenness, incompetency, or any offense involving moral turpitude committed while in office. The Oklahoma House of Representatives
Oklahoma House of Representatives
The Oklahoma House of Representatives is the lower house of the Oklahoma Legislature, the legislative body of the U.S. state of Oklahoma. Its members are responsible for introducing and voting on bills and resolutions, providing legislative oversight for state agencies, and helping to craft the...
must bring the charges against the individual with the Oklahoma Senate
Oklahoma Senate
The Oklahoma Senate is the upper house of the two houses of the Legislature of Oklahoma, the other being the Oklahoma House of Representatives. The total number of Senators is set at 48 by the Oklahoma Constitution....
serving as the Court on Impeachment, with the Chief Justice of Oklahoma
Oklahoma Supreme Court
The Supreme Court of Oklahoma is one of the two highest judicial bodies in the U.S. state of Oklahoma and leads the Oklahoma Court System, the judicial branch of the government of Oklahoma....
serving as the court's judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
. If charged with impeachment and found guilty, the official’s term is immediately suspended.
Remaining Articles
- Article Nine - Corporations
- Article Ten - Taxes and Revenue in General
- Article Eleven - State and School Lands
- Article Twelve - Homestead and Exemptions
- Article Twelve A - Homestead Exemption From Taxation
- Article Thirteen - Education
- Article Thirteen A - Oklahoma State System of Higher Education
- Article Thirteen B - Board of Regents of Oklahoma Colleges
- Article Fourteen - Banks and Banking
- Article Fifteen - Oath of Office
- Article Sixteen - Public Roads
- Article Seventeen - Counties
- Article Eighteen - Municipal Corporations
- Article Nineteen - Insurance
- Article Twenty - Manufacture and Commerce
- Article Twenty-one - Public Institutions
- Article Twenty-two - Alien and Corporate Ownership of Lands
- Article Twenty-three - Miscellaneous
- Article Twenty-four - Constitutional Amendments
- The Oklahoma Constitution permits three methods of amendment: 1) amendments by the Oklahoma Legislature (requires majority vote of both houses and approval by majority of the voters at next general election; the Legislature can by 2/3 vote place the amendment on a special election), 2) constitutional convention (a call for such requires majority voter approval before the convention is held, and any amendments or new constitution requires majority voter approval, but such a call must be made at least once every 20 years), or 3) via an initiative petition.
- Article Twenty-five - Social Security
- Article Twenty-six - Department of Wildlife Conservation
- Article Twenty-seven - Oklahoma Alcoholic Beverage Control Board (repealed)
- Article Twenty-eight - Alcoholic Beverage Laws And Enforcement
- Article Twenty-nine - Ethics Commission
- Article Thirty - Official Actions of the State of Oklahoma
The final 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.
Section Attestations
The Oklahoma Constitution ends with the officers and delegates to the Constitutional Convention signing the documents. It reads:- 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.
- John McLain Young, Secretary.
- William H. Murray, President of the Constitutional Convention of the proposed State of Oklahoma and Delegate from District No. 104.
- Pete Hanraty, Vice President
- Chas. H. Filson, Secretary of Oklahoma.
- Albert H. Ellis, Second Vice President and Delegate 14" District.
Territory of Oklahoma, Logan County:
- I, Wm. H. Murray, President of the Constitutional Convention of the proposed State of Oklahoma, do hereby certify that the within and foregoing is the original parchment enrollment of the Constitution and the several articles thereof adopted by the Constitutional Convention of the proposed State of Oklahoma, to be submitted to the people of the proposed State of Oklahoma for ratification, and that all the interlineations therein contained and all the erasures and words stricken out, were made and done before the same was signed by the President, the Vice-Presidents, and the members of said Convention.
- Witness my hand this the sixteenth day of July, A. D., Nineteen Hundred and Seven.
- William H. Murry, President of the Constitutional Convention of the proposed State of Oklahoma
- John McLain Young, Secretary
- Witness my hand this the sixteenth day of July, A. D., Nineteen Hundred and Seven.
See also
- Coyle v. SmithCoyle v. SmithCoyle v. Smith, , was a Supreme Court of the United States case that held that the newly created state of Oklahoma was permitted to move its capital city from Guthrie to Oklahoma City, notwithstanding a state constitutional provision that prohibited it from being moved out of Guthrie.-Background:In...
- Government of OklahomaGovernment of OklahomaThe government of the US State of Oklahoma, established by the Oklahoma Constitution, is a republican democracy modeled after the Federal government of the United States. The state government has three branches: the executive, legislative, and judicial...
- Governor of OklahomaGovernor of OklahomaThe governor of the state of Oklahoma is the head of state for the state of Oklahoma, United States. Under the Oklahoma Constitution, the governor is also the head of government, serving as the chief executive of the Oklahoma executive branch, of the government of Oklahoma...
- Oklahoma LegislatureOklahoma LegislatureThe Legislature of the State of Oklahoma is the biennial meeting of the legislative branch of the government of Oklahoma. It is bicameral, comprising the Oklahoma House of Representatives and the Oklahoma Senate, with all members elected directly by the people. The House of Representatives has 101...
- Oklahoma Supreme CourtOklahoma Supreme CourtThe Supreme Court of Oklahoma is one of the two highest judicial bodies in the U.S. state of Oklahoma and leads the Oklahoma Court System, the judicial branch of the government of Oklahoma....
- Politics of OklahomaPolitics of OklahomaPolitics of Oklahoma takes place in a framework of a presidential republic modeled after the United States, whereby the Governor of Oklahoma is both head of state and head of government, and of a pluriform two-party system. Executive power is exercised by the Governor and the government...