The Constitution of the State of Oklahoma is the governing document of the
U.S.
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 states and a federal capital district, Washington, D.C. The 48 contiguous ...
State of Oklahoma
Oklahoma ( ; Choctaw: , ) is a landlocked state in the South Central region of the United States. It borders Texas to the south and west, Kansas to the north, Missouri to the northeast, Arkansas to the east, New Mexico to the west, and Colo ...
. Adopted in 1907, Oklahoma ratified the
United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally includi ...
on November 16, 1907, as the 46th U.S. state. At its ratification, the Oklahoma Constitution was the lengthiest governing document of any government in the U.S. All U.S. state constitutions are subject to federal
judicial review
Judicial review is a process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary. In a judicial review, a court may invalidate laws, acts, or governmental actions that are in ...
; any provision can be nullified if it conflicts with the U.S. Constitution.
The constitution has been regularly amended, beginning with an amendment approved in the same election in which it was ratified.Goble, Danny, Government and Politics ," Encyclopedia of Oklahoma History and Culture '' (accessed June 23, 2010). 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 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 ...
(to the west), and the
Indian Territory
Indian Territory and the Indian Territories are terms that generally described an evolving land area set aside by the Federal government of the United States, United States government for the relocation of Native Americans in the United States, ...
(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.
Sequoyah Constitutional Convention
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 term Five Civilized Tribes was applied by the United States government in the early federal period of the history of the United States to the five major Native American nations in the Southeast: the Cherokee, Chickasaw, Choctaw, Muscogee (Cr ...
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. The proposed state was to be called the State of Sequo ...
met in Muskogee, on August 21, 1905.Mize, Richard "Sequoyah Convention ," ''Encyclopedia of Oklahoma History and Culture''. (accessed March 2, 2014) General
Pleasant Porter
Pleasant Porter (September 26, 1840 – September 3, 1907, Creek) was an American Indian statesman and the last elected Principal Chief of the Creek Nation, serving from 1899 until his death.
He had served with the Confederacy in the 1st C ...
, Principal Chief of the
Creek Nation
The Muscogee Nation, or Muscogee (Creek) Nation, is a List of federally recognized tribes, federally recognized Native American tribe based in the U.S. state of Oklahoma. The nation descends from the historic Muscogee Confederacy, a large grou ...
, 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 (December 13, 1847 – November 8, 1917) was a Cherokee politician, Confederate veteran and farmer. He served as Principal Chief of Cherokee Nation from 1903 to 1917.
, Principal Chief of the
Cherokee
The Cherokee (; , or ) people are one of the Indigenous peoples of the Southeastern Woodlands of the United States. Prior to the 18th century, they were concentrated in their homelands, in towns along river valleys of what is now southwestern ...
Chickasaw
The Chickasaw ( ) are an Indigenous people of the Southeastern Woodlands, United States. Their traditional territory was in northern Mississippi, northwestern and northern Alabama, western Tennessee and southwestern Kentucky. Their language is ...
Green McCurtain
Greenwood "Green" McCurtain (November 28, 1848 – December 27, 1910) was a Choctaw statesman and law enforcement officer, and the last elected Principal Chief of the Choctaw Nation of Oklahoma, Choctaw Nation (1896–1900 and 1902–1906), servi ...
of the
Choctaw
The Choctaw ( ) people are one of the Indigenous peoples of the Southeastern Woodlands of the United States, originally based in what is now Louisiana, Mississippi and Alabama. The Choctaw language is a Western Muskogean language. Today, Choct ...
s; Chief
John Brown John Brown most often refers to:
*John Brown (abolitionist) (1800–1859), American who led an anti-slavery raid on Harpers Ferry, Virginia, in 1859
John Brown or Johnny Brown may also refer to:
Academia
* John Brown (educator) (1763–1842), Ir ...
of the
Seminole
The Seminole are a Native American people who developed in Florida in the 18th century. Today, they live in Oklahoma and Florida, and comprise three federally recognized tribes: the Seminole Nation of Oklahoma, the Seminole Tribe of Florida, ...
s; and
Charles N. Haskell
Charles Nathaniel Haskell (March 13, 1860 – July 5, 1933) was an American lawyer, oilman, and politician who was the first governor of Oklahoma. As a delegate to Oklahoma's constitutional convention in 1906, he played a crucial role in draftin ...
, 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
The United States Congress is the legislature, legislative branch of the federal government of the United States. It is a Bicameralism, bicameral legislature, including a Lower house, lower body, the United States House of Representatives, ...
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 most commonly refers to:
* George Washington (1732–1799), the first president of the United States
* Washington (state), a state in the Pacific Northwest of the United States
* Washington, D.C., the capital of the United States
** A ...
. 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
The president of the United States (POTUS) is the head of state and head of government of the United States. The president directs the Federal government of the United States#Executive branch, executive branch of the Federal government of t ...
,
Theodore Roosevelt
Theodore Roosevelt Jr. (October 27, 1858 – January 6, 1919), also known as Teddy or T.R., was the 26th president of the United States, serving from 1901 to 1909. Roosevelt previously was involved in New York (state), New York politics, incl ...
, 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.
List of Prominent Delegates to the Sequoyah Convention
Governor of Oklahoma
The governor of Oklahoma is the head of government of the U.S. state of Oklahoma. Under the Oklahoma Constitution, the governor serves as the head of the Oklahoma Executive (government), executive branch, of the government of Oklahoma. The gover ...
, first
Speaker of the Oklahoma House of Representatives
The Speaker of the Oklahoma House of Representatives is the speaker (politics), presiding officer of the lower house of the Oklahoma Legislature, the Oklahoma House of Representatives. The speaker exercises administrative and procedural function ...
)
*
Charles N. Haskell
Charles Nathaniel Haskell (March 13, 1860 – July 5, 1933) was an American lawyer, oilman, and politician who was the first governor of Oklahoma. As a delegate to Oklahoma's constitutional convention in 1906, he played a crucial role in draftin ...
President pro tempore of the Oklahoma Senate
The 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 designates the Lieutenant Governor of Oklahoma as the highest-rank ...
)
*
Pete Hanraty
Peter "Pete" Hanraty was an American politician, union leader, and Scottish immigrant who served as the first elected Oklahoma Chief Mine Inspector from 1907 to 1911.
Early life
Pete Hanraty was born in Scotland in 1864. At age nine, he began ...
(Constitution Convention Vice President)
* Albert H. Ellis (Constitutional Convention Second Vice President)
* Charles M. McClain (Constitutional Convention Secretary)
*Chas H. Filson (Secretary of Oklahoma)
* James S. Buchanan (President of the
University of Oklahoma
The University of Oklahoma (OU) is a Public university, public research university in Norman, Oklahoma, United States. Founded in 1890, it had existed in Oklahoma Territory near Indian Territory for 17 years before the two territories became the ...
)
Oklahoma Constitutional Convention
The final nail in the coffin of the proposed State of Sequoyah was an
Enabling Act
An enabling act is a piece of legislation by which a legislative body grants an entity which depends on it (for authorization or legitimacy) for the delegation of the legislative body's power to take certain actions. For example, enabling act ...
passed by Congress on June 6, 1906 that provided for a single state to be created from the so-called "Twin Territories." The act further specified that elections would be held in both territories on November 6, 1906 to elect delegates for a constitutional convention. Each territory was to elect 55 delegates. The Osage Nation was allowed two delegates, giving a total of 112 delegates.Adkison, Danny M. "Constitutional Convention." Accessed November 23, 2017. /ref>
The Oklahoma Constitutional Convention opened in Guthrie on November 20, 1906. William H. Murray was elected chairman of the convention. Charles N. Haskell was elected the majority floor leader by the Democrats, and Henry Asp was elected minority floor leader by the Republicans. William Jennings Bryan came to encourage the delegates to write, "the very best constitution ever written." Bryan proposed that they accomplish this by consulting previously written state constitutions. The delegates not only complied, but also consulted the proceedings of the Sequoyah Convention, and the U.S. Constitution. Having completed a draft document, they adjourned March 15, 1907. There were two additional week-long sessions called to finish the draft before it was put before the voters on September 17, 1907. Eligible voters approved their new Constitution a 71 percent yes vote. Satisfied with the proposed document, President Theodore Roosevelt signed the necessary papers November 16, 1907, and announced, "Oklahoma is now a state."
Sergeant at arms
A serjeant-at-arms or sergeant-at-arms is an officer appointed by a deliberative body, usually a legislature, to keep order during its meetings. The word "serjeant" is derived from the Latin , which means "servant". Historically, serjeants-at-a ...
Pete Hanraty
Peter "Pete" Hanraty was an American politician, union leader, and Scottish immigrant who served as the first elected Oklahoma Chief Mine Inspector from 1907 to 1911.
Early life
Pete Hanraty was born in Scotland in 1864. At age nine, he began ...
Charles N. Haskell
Charles Nathaniel Haskell (March 13, 1860 – July 5, 1933) was an American lawyer, oilman, and politician who was the first governor of Oklahoma. As a delegate to Oklahoma's constitutional convention in 1906, he played a crucial role in draftin ...
David Hogg
David Miles Hogg (born April 12, 2000) is an American gun violence in the United States, gun control activist who served as a co-vice chair of the Democratic National Committee from February to June 2025. He rose to prominence during the 2018 ...
Henry Kelly
Patrick Henry Kelly (17 April 1946 – 25 February 2025), better known as Henry Kelly, was an Irish radio and television broadcaster and journalist who was based in the United Kingdom.
Early life
Kelly was born in Dublin on 17 April 1946 and ...
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 (from Late Greek , "state of marriage to many spouses") is the practice of marriage, marrying multiple spouses. When a man is married to more than one wife at the same time, it is called polygyny. When a woman is married to more tha ...
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.
The right of a citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power, when thereunto legally summoned, shall never be prohibited; but nothing herein contained shall prevent the Legislature from regulating the carrying of weapons.
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
The government of the U.S. 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, an ...
under the doctrine of
separation of powers
The separation of powers principle functionally differentiates several types of state (polity), state power (usually Legislature#Legislation, law-making, adjudication, and Executive (government)#Function, execution) and requires these operat ...
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
A legislature (, ) is a deliberative assembly with the authority, legal authority to make laws for a Polity, political entity such as a Sovereign state, country, nation or city on behalf of the people therein. They are often contrasted with th ...
of government,
Oklahoma Legislature
The Legislature of the State of Oklahoma is the state legislative branch of the U.S. state of Oklahoma. The Oklahoma House of Representatives and Oklahoma Senate are the two houses that make up the bicameral state legislature. There are 101 ...
, which includes the
House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entities. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often ...
and the
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
. The article establishes the manner of election and qualifications of members of each House, and includes a unique
term limits
A term limit is a legal restriction on the number of Term of office, terms a Incumbent, person may serve in a particular elected office. When term limits are found in Presidential system, presidential and Semi-presidential republic, semi-president ...
provision in Section 17A: no member can serve more than 12 years total in the legislature, whether in one chamber or in both chambers. 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 branch
The executive branch is the part of government which executes or enforces the law.
Function
The scope of executive power varies greatly depending on the political context in which it emerges, and it can change over time in a given country. In ...
): 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
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, ...
, 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
In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...
, the
State Treasurer
In the state and territorial governments of the United States, 54 of the 56 states and territories have the executive position of treasurer. New York abolished the office of New York State Treasurer in 1926, in which the duties were transfer ...
Insurance Commissioner
An insurance commissioner (or commissioner of insurance) is a public official in the executive branch of a state or territory in the United States who, along with their office, regulate the insurance industry. The powers granted to the office of ...
judicial branch
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
), which is unique in that it establishes two courts of last resort (only neighboring state
Texas
Texas ( , ; or ) is the most populous U.S. state, state in the South Central United States, South Central region of the United States. It borders Louisiana to the east, Arkansas to the northeast, Oklahoma to the north, New Mexico to the we ...
has a similar system). The Article vests the judicial power in a
Supreme Court
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
, 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 establish. 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
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.Oklahoma Court on the Judiciary
{{OKGovernment
The Oklahoma Court on the Judiciary is one of the two independent courts in the Oklahoma judiciary and has exclusive jurisdiction in adjudicating discipline and hearing cases involving the removal of a judge from office, excluding th ...
(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
The Oklahoma House of Representatives is the lower house of the legislature of the U.S. state of Oklahoma. Its members introduce and vote on bills and resolutions, provide legislative oversight for state agencies, and help to craft the state's ...
must bring the charges against the individual with the
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.Chief Justice of Oklahoma serving as the court's
judge
A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...
. 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
Peter "Pete" Hanraty was an American politician, union leader, and Scottish immigrant who served as the first elected Oklahoma Chief Mine Inspector from 1907 to 1911.
Early life
Pete Hanraty was born in Scotland in 1864. At age nine, he began ...
, 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''
Government of Oklahoma
The government of the U.S. 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, an ...
*
Governor of Oklahoma
The governor of Oklahoma is the head of government of the U.S. state of Oklahoma. Under the Oklahoma Constitution, the governor serves as the head of the Oklahoma Executive (government), executive branch, of the government of Oklahoma. The gover ...
Oklahoma Legislature
The Legislature of the State of Oklahoma is the state legislative branch of the U.S. state of Oklahoma. The Oklahoma House of Representatives and Oklahoma Senate are the two houses that make up the bicameral state legislature. There are 101 ...
*
Oklahoma Supreme Court
The Supreme Court of Oklahoma is a court of appeal for non-criminal cases, one of the two highest judicial bodies in the U.S. state of Oklahoma, and leads the judiciary of Oklahoma, the judicial branch of the government of Oklahoma.
Oklahoma Constitution
The Constitution of the State of Oklahoma is the governing document of the United States, U.S. State of Oklahoma. Adopted in 1907, Oklahoma ratified the United States Constitution on November 16, 1907, as the 46th U.S. state. At its ratificatio ...
Politics of Oklahoma, Oklahoma Constitution
Constitution of Oklahoma, *
1907 establishments in Oklahoma