Chapter §12.2 HISTORY

• Jurisdiction: Oregon

§12.2 HISTORY

Article III, section 1, of the Oregon Constitution was drawn from Article III, section 1, of the Indiana Constitution. See Monaghan v. Sch. Dist. No. 1, Clackamas County, 211 Or 360, 367, 315 P2d 797 (1957). No notes of the Oregon Constitutional Convention exist in which the members discussed Article III, section 1. See David Schuman, The Creation of the Oregon Constitution, 74 Or L Rev 611, 622 (1995); Claudia Burton, A Legislative History of the Oregon Constitution of 1857—Part II (Frame of Government: Articles III-VII), 39 Willamette L Rev 245, 258 (2003) (no reported discussion of section 1 at the Convention and scant reference to distribution of powers in the record). As such, the Oregon Supreme Court has worked from the hypothesis that the Convention considered the proceedings of the Indiana Convention of 1851 during the drafting of the Oregon...