May 21 2022 - §§ rocker
Things you should know about the Oklahoma Constitution:
All persons have the inherent right to life, liberty, the pursuit of
happiness, and the enjoyment of the gains of their own industry.
Right of assembly and petition.
The people have the right peaceably to assemble for their own
good, and to apply to those invested with the powers of government
for redress of grievancies by petition, address, or remonstrance.
Courts of justice open - Remedies for wrongs - Sale, denial or delay.
The courts of justice of the State shall be open to every
person, and speedy and certain remedy afforded for every wrong and
for every injury to person, property, or reputation; and right and
justice shall be administered without sale, denial, delay, or
Due process of law.
No person shall be deprived of life, liberty, or property,
without due process of law
Bills of attainder - Ex post facto laws - Obligation of contracts –
No bill of attainder, ex post facto law, nor any law impairing
the obligation of contracts, shall ever be passed. No conviction
shall work a corruption of blood or forfeiture of estate: Provided,
that this provision shall not prohibit the imposition of pecuniary
Self-incrimination - Double jeopardy.
No person shall be compelled to give evidence which will tend to
incriminate him, except as in this Constitution specifically
provided; nor shall any person, after having been once acquitted by
a jury, be again put in jeopardy of life or liberty for that of
which he has been acquitted. Nor shall any person be twice put in
jeopardy of life or liberty for the same offense.
Liberty of speech and press - Truth as evidence in prosecution for
Every person may freely speak, write, or publish his sentiments
on all subjects, being responsible for the abuse of that right; and
no law shall be passed to restrain or abridge the liberty of speech
or of the press. In all criminal prosecutions for libel, the truth
of the matter alleged to be libelous may be given in evidence to the
jury, and if it shall appear to the jury that the matter charged as
libelous be true, and was written or published with good motives and
for justifiable ends, the party shall be acquitted.
Private property - Taking or damaging for private use.
No private property shall be taken or damaged for private use,
with or without compensation, unless by consent of the owner, except
for private ways of necessity, or for drains and ditches across
lands of others for agricultural, mining, or sanitary purposes, in
such manner as may be prescribed by law.
Private property - Public use - Character of use a judicial question.
Private property shall not be taken or damaged for public use
without just compensation. Just compensation shall mean the value
of the property taken, and in addition, any injury to any part of
the property not taken. Any special and direct benefits to the part
of the property not taken may be offset only against any injury to
the property not taken. Such compensation shall be ascertained by a
board of commissioners of not less than three freeholders, in such
manner as may be prescribed by law. Provided however, in no case
shall the owner be required to make any payments should the benefits
be judged to exceed damages. The commissioners shall not be
appointed by any judge or court without reasonable notice having
been served upon all parties in interest. The commissioners shall
be selected from the regular jury list of names prepared and made as
the Legislature shall provide. Any party aggrieved shall have the
right of appeal, without bond, and trial by jury in a court of
record. Until the compensation shall be paid to the owner, or into
court for the owner, the property shall not be disturbed, or the
proprietary rights of the owner divested. When possession is taken
of property condemned for any public use, the owner shall be
entitled to the immediate receipt of the compensation awarded,
without prejudice to the right of either party to prosecute further
proceedings for the judicial determination of the sufficiency or
insufficiency of such compensation. The fee of land taken by common
carriers for right of way, without the consent of the owner, shall
remain in such owner subject only to the use for which it is taken.
In all cases of condemnation of private property for public or
private use, the determination of the character of the use shall be
a judicial question.
Amended by State Question No. 624, Legislative Referendum No. 278,
adopted at election held on Aug. 28, 1990.
Perpetuities - Monopolies - Primogeniture - Entailments.
Perpetuities and monopolies are contrary to the genius of a free
government, and shall never be allowed, nor shall the law of
primogeniture or entailments ever be in force in this State.
Effect of enumeration of rights.
The enumeration in this Constitution of certain rights shall not
be construed to deny, impair, or disparage others retained by the