Oregon Law And Government

The Oregon Country functioned as an independent republic[citation needed] with a three-person executive office and a chief executive until August 13, 1848, when Oregon was annexed by the United States, at which time a territorial government was established. Oregon maintained a territorial government until February 14, 1859, when it was granted statehood.[20]

Oregon state government has a separation of powers similar to the federal government. It has three branches, called departments by the state's constitution:

• a legislative department (the bicameral Oregon Legislative Assembly),
• an executive department which includes an "administrative department" and Oregon's governor serving as chief executive, and
• a judicial department, headed by the Chief Justice of the Oregon Supreme Court.

Governors in Oregon serve four year terms and are limited to two consecutive terms, but an unlimited number of total terms. The Secretary of State serves as Lieutenant Governor for statutory purposes.[citation needed] The other statewide officers are Treasurer, Attorney General, Superintendent, and Labor Commissioner. The biennial Oregon Legislative Assembly consists of a thirty-member Senate and a sixty-member House. The state supreme court has seven elected justices, currently including the only two openly gay state supreme court justices in the nation. They choose one of their own to serve a six-year term as Chief Justice. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States.

The debate over whether to move to annual sessions is a long-standing battle in Oregon politics, but the voters have resisted the move from citizen legislators to professional lawmakers. Because Oregon's state budget is written in two year increments and, having no sales tax, its revenue is based largely on income taxes, it is often significantly over- or under-budget. Recent legislatures have had to be called into special session repeatedly to address revenue shortfalls resulting from economic downturns, bringing to a head the need for more frequent legislative sessions.

The state maintains formal relationships with the nine federally recognized tribal governments in Oregon:

• Burns Paiute Tribe
• Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians
• Confederated Tribes of the Grand Ronde
• Confederated Tribes of Siletz
• Confederated Tribes of Warm Springs
• Confederated Tribes of the Umatilla Indian Reservation
• Coquille Tribe
• Cow Creek Band of Umpqua Indians
• Klamath Tribes

Oregon is currently seen as a moderate Democratic-leaning state,[citation needed] which has voted for that party in every presidential election since 1988. The base of Democratic support is highly concentrated in the urban centers of the Willamette Valley, as illustrated by the last two Presidential elections: in both 2000 and 2004, the Democratic candidate won Oregon, but did so with majorities in only eight of Oregon's 36 counties. Governor Ted Kulongoski defeated Republicans in 2002 and 2006, defeating conservative Kevin Mannix and the more moderate Ron Saxton respectively. Also in the 2006 elections, Democrats gained fours seats in the Oregon House of Representatives, earning a majority in that house for the first time since the 1990s, and retained majorities in the Oregon State Senate, and in its Congressional delegation.

Oregon's politics are largely similar to those of neighboring Washington, for instance in the contrast between urban and rural issues.

In the 2004 general election, Oregon voters passed ballot measures banning gay marriage, and restricting land use regulation. In the 2006 general election, voters restricted the use of eminent domain and extended the state's discount prescription drug coverage.[21]

The distribution, sales and consumption of alcoholic beverages are regulated in the state by the Oregon Liquor Control Commission. Thus, Oregon is an Alcoholic beverage control state. While wine and beer are available in most grocery stores, comparatively few stores sell hard liquor.

Entering the Union at a time when the status of "Negroes" was very much in question, and wishing to stay out of the looming conflict between the Union and Confederate States, Oregon banned African Americans from moving into the state in the vote to adopt its Constitution (1858). This ban was not officially lifted until 1925; in 2002, additional language now considered racist was struck from the Oregon Constitution by the voters of Oregon.

Like all U.S. states, Oregon is represented by two U.S. Senators. Since the 1980 census Oregon has had five Congressional districts.

After Oregon was admitted to the Union, it began with a single member in the House of Representatives (La Fayette Grover, who served in the 35th United States Congress for less than a month). Congressional apportionment led to the addition of new members following the censuses of 1890, 1910, 1940, and 1980. A detailed list of the past and present Congressional delegations from Oregon is available.

The United States District Court for the District of Oregon hears Federal cases in the state. Oregon (among other western states and territories) is in the 9th judicial circuit.

Oregon adopted many electoral reforms proposed during the Progressive Era, through the efforts of William S. U'Ren and his Direct Legislation League. Under his leadership, the state overwhelmingly approved a ballot measure in 1902 that created the initiative and referendum processes for citizens to directly introduce or approve proposed laws or amendments to the state constitution, making Oregon the first state to adopt such a system. Today, roughly half of U.S. states do so.[22] In following years, the primary election to select party candidates was adopted in 1904, and in 1908 the Oregon Constitution was amended to include recall of public officials. More recent amendments include the nation's only doctor-assisted suicide law,[23] called the Death with Dignity law (which was challenged, unsuccessfully, in 2005 by the Bush administration in a case heard by the U.S. Supreme Court), legalization of medical marijuana, and among the nation's strongest anti-sprawl and pro-environment laws. More recently, 2004's Measure 37 reflects a backlash against such land use laws.

Of the measures placed on the ballot since 1902, the people have passed 99 of the 288 initiatives and 25 of the 61 referendums on the ballot, though not all of them survived challenges in courts (see Pierce v. Society of Sisters, for an example). During the same period, the legislature has referred 363 measures to the people, of which 206 have passed.

Oregon pioneered the American use of postal voting, beginning with experimentation authorized by the Oregon Legislative Assembly in 1981 and culminating with a 1998 ballot measure mandating that all counties conduct elections by mail.

In the U.S. Electoral College, Oregon casts seven votes. Oregon has supported Democratic candidates in the last five elections. Democratic presidential candidate John Kerry won the state in 2004 by a margin of four percentage points, with 51.4% of the popular vote.

The flags of the United States and Oregon flown side-by-side in downtown Portland.

Oregon's Capitol