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A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, they can be appended to the constitution as supplemental additions, thus changing the frame of government without altering the existing text of the document.
Capital punishment is one of two possible penalties for aggravated murder in the U.S. state of Oregon, with it being required by the Constitution of Oregon.
In California, a ballot proposition is a referendum or an initiative measure that is submitted to the electorate for a direct decision or direct vote. If passed, it can alter one or more of the articles of the Constitution of California, one or more of the 29 California Codes, or another law in the California Statutes by clarifying current or adding statute(s) or removing current statute(s).
In the politics of the United States, the process of initiatives and referendums allow citizens of many U.S. states to place legislation on the ballot for a referendum or popular vote, either enacting new legislation, or voting down existing legislation. Citizens, or an organization, might start an popular initiative to gather a predetermined number of signatures to qualify the measure for the ballot. The measure is placed on the ballot for the referendum, or actual vote.
Ballot Measure 36 was a 2004 initiative in the U.S. state of Oregon. It amended the Oregon Constitution to define marriage as a union of one man and one woman. The initiative passed with 1,028,546 votes in favor, and 787,556 votes against in the November 2, 2004 general election. It is one of a number of U.S. state constitutional amendments banning same-sex marriage. However, unlike other similar ballot measures passed on or near the same election date, the amendment did not explicitly ban civil unions between same-sex couples.
Prior to the Supreme Court's decision in Obergefell v. Hodges (2015), U.S. state constitutional amendments banning same-sex unions of several different types passed, banning legal recognition of same-sex unions in U.S. state constitutions, referred to by proponents as "defense of marriage amendments" or "marriage protection amendments." These state amendments are different from the proposed Federal Marriage Amendment, which would ban same-sex marriage in every U.S. state, and Section 2 of the Defense of Marriage Act, more commonly known as DOMA, which allowed the states not to recognize same-sex marriages from other states. The amendments define marriage as a union between one man and one woman and prevent civil unions or same-sex marriages from being legalized, though some of the amendments bar only the latter. The Obergefell decision in June 2015 invalidated these state constitutional amendments insofar as they prevented same-sex couples from marrying, even though the actual text of these amendments remain written into the state constitutions.
Kevin Leese Mannix is an American politician, business attorney, and former chairman of the Republican Party in the U.S. state of Oregon.
The Constitution of Arkansas is the primary organizing law for the U.S. state of Arkansas delineating the duties, powers, structures, and functions of the state government. Arkansas' original constitution was adopted at a constitutional convention held at Little Rock in advance of the territory's admission to the Union in 1836. In 1861 a constitution was adopted with succession. After the American Civil War its 1864 constitution was drafted.An 1868 constitution was passed to comply with the Reconstruction acts. The current constitution was ratified in 1874 following the Brooks–Baxter War.
California Proposition 14 was a November 1964 initiative ballot measure that amended the California state constitution to nullify the 1963 Rumford Fair Housing Act, thereby allowing property sellers, landlords and their agents to openly discriminate on ethnic grounds when selling or letting accommodations, as they had been permitted to before 1963. The proposition became law after receiving support from 65% of voters. In 1966, the California Supreme Court in a 5–2 split decision declared Proposition 14 unconstitutional under the equal protection clause of the United States Constitution. The U.S. Supreme Court affirmed that decision in 1967 in Reitman v. Mulkey.
Same-sex marriage has been legally recognized in Oregon since May 19, 2014, when Judge Michael J. McShane of the U.S. District Court for the District Court of Oregon ruled in Geiger v. Kitzhaber that Oregon's 2004 state constitutional amendment banning same-sex marriages discriminated on the basis of sexual orientation in violation of the Equal Protection Clause of the U.S. Constitution. A campaign that was then under way to win voter approval of a constitutional amendment legalizing same-sex marriage was suspended following the decision. In July 2015, Governor Kate Brown signed legislation codifying same-sex marriage in various Oregon statutes. The law change went into effect on January 1, 2016.
Ballot Measure 58 was a citizen's initiative that was passed by the voters of the U.S. state of Oregon in the November 1998 General Election. The measure restored the right of adopted adults who were born in Oregon to access their original birth certificates. The measure passed with 609,268 votes in favor, 454,122 against. It was immediately challenged by several birth mothers who had put children up for adoption, which delayed instituting the measure for a year and a half.
Oregon Ballot Measure 37 was a controversial land-use ballot initiative that passed in the U.S. state of Oregon in 2004 and is now codified as Oregon Revised Statutes (ORS) 195.305. Measure 37 has figured prominently in debates about the rights of property owners versus the public's right to enforce environmental and other land use regulations. Voters passed Measure 49 in 2007, substantially reducing the impact of Measure 37.
Proposition 218 is an adopted initiative constitutional amendment which revolutionized local and regional government finance and taxation in California. Named the "Right to Vote on Taxes Act," it was sponsored by the Howard Jarvis Taxpayers Association as a constitutional follow-up to the landmark property tax reduction initiative constitutional amendment, Proposition 13, approved in June 1978. Proposition 218 was approved and adopted by California voters during the November 5, 1996, statewide general election.
Term limits legislation – term limits for state and federal office-holders – has been a recurring political issue in the U.S. state of Oregon since 1992. In that year's general election, Oregon voters approved Ballot Measure 3, an initiative that enacted term limits for representatives in both houses of the United States Congress and the Oregon Legislative Assembly, and statewide officeholders. It has been described as the strictest term limits law in the country.
A ballot proposition in the state of Arizona refers to any legislation brought before the voters of the state for approval.
Elections in Oregon are all held using a Vote by Mail (VBM) system. This means that all registered voters receive their ballots via postal delivery and can vote from their homes. A state Voters’ Pamphlet is mailed to every household in Oregon about three weeks before each statewide election. It includes information about each measure and candidate in the upcoming election.
Oregon Ballot Measure 54 (2008) or House Joint Resolution is a legislatively referred constitutional amendment that removed provisions relating to qualifications of electors for school district elections. The measure is a technical fix designed to remove inoperative provisions in the Oregon Constitution which barred those under 21 from voting in school board elections and required voters to be able to pass a literacy test to vote in school district elections. This measure appeared on the November 4, 2008 general election ballot in Oregon. It was passed by voters, receiving 72.59% of the vote.
Oregon ballot measures 46 and 47 were two ballot measures presented as a single package to voters; 46 would have amended the Constitution to allow limitations on campaign financing ; and 47 detailed specific limitations. While Measure 47 passed, 46 did not, and the Secretary of State and Attorney General now refuse to enforce Measure 47 despite not having made constitutional challenges in court during cases filed against them to compel enforcement.
Proposition 218 is an adopted initiative constitutional amendment in the state of California that appeared on the November 5, 1996, statewide election ballot. Proposition 218 revolutionized local and regional government finance in California. Called the “Right to Vote on Taxes Act,” Proposition 218 was sponsored by the Howard Jarvis Taxpayers Association as a constitutional follow-up to the landmark Proposition 13 property tax revolt initiative constitutional amendment approved by California voters on June 6, 1978. Proposition 218 was drafted by constitutional attorneys Jonathan Coupal and Jack Cohen.
References
- 1 2 Armatta v. Kitzhaber Archived 2009-03-25 at the Wayback Machine , 327 Or. 250, 959 P.2d 49 (1998)
- ↑ "Desperate Measures". Willamette Week. October 20, 1999. Archived from the original on September 29, 2007. Retrieved 2007-03-12.
- 1 2 Manweller, Mathew (2005). The People Vs. the Courts: Judicial Review and Direct Democracy in the American Legal System . Academica Press. pp. 220–221. ISBN 1-930901-97-6.
