Okla. Const. art. VII, § 1

Courts in which judicial power vested

Effective Jul 11, 1967Added by Laws 1967, HJR 508, Section 1, State Question 448, Legislative Referendum 164, adopted at election held July 11, 1967. Historical Note In accordance with the provisions of House Joint Resolution 1056 enacted by the Second Regular Session of the 52nd Oklahoma Legislature, the Oklahoma Secretary of State referred State Question No. 755, Legis. Ref. No. 355, which proposed amending Section 1 of Article 7 of the Oklahoma Constitution, to the people for approval or rejection at the election held November 2, 2010. The constitutionality of the amendment by Laws 2010, HJR 1056, State Question No. 755, Legis. Ref. No. 355 was challenged in the United States District Court for the Western District of Oklahoma, in Awad v. Ziriax, Case No. CIV-10-1186-M. In November, 2010, the federal district court issued a preliminary injunction prohibiting the Oklahoma State Election Board from certifying the result of the election (754 F.Supp.2d 1298). In January, 2012, the 10th Circuit Court of Appeals ruled that the district court did not abuse its discretion in granting the preliminary injunction (670 F.3d 1111). In August, 2013, the United States District Court for the Western District of Oklahoma issued a permanent injunction prohibiting the Oklahoma State Election Board from certifying the election results for State Question No. 755. The text of Article 7, § 1 of the Oklahoma Constitution, as amended by the permanently enjoined State Question No. 755, appears below: A. The judicial power of this State shall be vested in the Senate, sitting as a Court of Impeachment, a Supreme Court, the Court of Criminal Appeals, the Court on the Judiciary, the Workers’ Compensation Court, the Court of Bank Review, the Court of Tax Review, and such intermediate appellate courts as may be provided by statute, District Courts, and such Boards, Agencies and Commissions created by the Constitution or established by statute as exercise adjudicative authority or render decisions in individual proceedings. Provided that the Court of Criminal Appeals, the Workers’ Compensation Court, the Court of Bank Review and the Court of Tax Review and such Boards, Agencies and Commissions as have been established by statute shall continue in effect, subject to the power of the Legislature to change or abolish said Courts, Boards, Agencies, or Commissions. Municipal Courts in cities or incorporated towns shall continue in effect and shall be subject to creation, abolition or alteration by the Legislature by general laws, but shall be limited in jurisdiction to criminal and traffic proceedings arising out of infractions of the provisions of ordinances of cities and towns or of duly adopted regulations authorized by such ordinances. B. Subsection C of this section shall be known as the "Save Our State Amendment". C. The Courts provided for in subsection A of this section, when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States Constitution, the Oklahoma Constitution, the United States Code, federal regulations promulgated pursuant thereto, established common law, the Oklahoma Statutes and rules promulgated pursuant thereto, and if necessary the law of another state of the United States provided the law of the other state does not include Sharia Law, in making judicial decisions. The courts shall not look to the legal precepts of other nations or cultures. Specifically, the courts shall not consider international law or Sharia Law. The provisions of this subsection shall apply to all cases before the respective courts including, but not limited to, cases of first impression.

The judicial power of this State shall be vested in the Senate, sitting as a Court of Impeachment, a Supreme Court, the Court of Criminal Appeals, the Court on the Judiciary, the State Industrial Court, the Court of Bank Review, the Court of Tax Review, and such intermediate appellate courts as may be provided by statute, District Courts, and such Boards, Agencies and Commissions created by the Constitution or established by statute as exercise adjudicative authority or render decisions in individual proceedings. Provided that the Court of Criminal Appeals, the State Industrial Court, the Court of Bank Review and the Court of Tax Review and such Boards, Agencies and Commissions as have been established by statute shall continue in effect, subject to the power of the Legislature to change or abolish said Courts, Boards, Agencies, or Commissions. Municipal Courts in cities or incorporated towns shall continue in effect and shall be subject to creation, abolition or alteration by the Legislature by general laws, but shall be limited in jurisdiction to criminal and traffic proceedings arising out of infractions of the provisions of ordinances of cities and towns or of duly adopted regulations authorized by such ordinances.

Added by Laws 1967, HJR 508, Section 1, State Question 448, Legislative Referendum 164, adopted at election held July 11, 1967.

Historical Note

In accordance with the provisions of House Joint Resolution 1056 enacted by the Second Regular Session of the 52^nd Oklahoma Legislature, the Oklahoma Secretary of State referred State Question No. 755, Legis. Ref. No. 355, which proposed amending Section 1 of Article 7 of the Oklahoma Constitution, to the people for approval or rejection at the election held November 2, 2010. The constitutionality of the amendment by Laws 2010, HJR 1056, State Question No. 755, Legis. Ref. No. 355 was challenged in the United States District Court for the Western District of Oklahoma, in Awad v. Ziriax, Case No. CIV-10-1186-M. In November, 2010, the federal district court issued a preliminary injunction prohibiting the Oklahoma State Election Board from certifying the result of the election (754 F.Supp.2d 1298). In January, 2012, the 10th Circuit Court of Appeals ruled that the district court did not abuse its discretion in granting the preliminary injunction (670 F.3d 1111). In August, 2013, the United States District Court for the Western District of Oklahoma issued a permanent injunction prohibiting the Oklahoma State Election Board from certifying the election results for State Question No. 755.

The text of Article 7, § 1 of the Oklahoma Constitution, as amended by the permanently enjoined State Question No. 755, appears below:

A. The judicial power of this State shall be vested in the Senate, sitting as a Court of Impeachment, a Supreme Court, the Court of Criminal Appeals, the Court on the Judiciary, the Workers’ Compensation Court, the Court of Bank Review, the Court of Tax Review, and such intermediate appellate courts as may be provided by statute, District Courts, and such Boards, Agencies and Commissions created by the Constitution or established by statute as exercise adjudicative authority or render decisions in individual proceedings. Provided that the Court of Criminal Appeals, the Workers’ Compensation Court, the Court of Bank Review and the Court of Tax Review and such Boards, Agencies and Commissions as have been established by statute shall continue in effect, subject to the power of the Legislature to change or abolish said Courts, Boards, Agencies, or Commissions. Municipal Courts in cities or incorporated towns shall continue in effect and shall be subject to creation, abolition or alteration by the Legislature by general laws, but shall be limited in jurisdiction to criminal and traffic proceedings arising out of infractions of the provisions of ordinances of cities and towns or of duly adopted regulations authorized by such ordinances.

B. Subsection C of this section shall be known as the "Save Our State Amendment".

C. The Courts provided for in subsection A of this section, when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States Constitution, the Oklahoma Constitution, the United States Code, federal regulations promulgated pursuant thereto, established common law, the Oklahoma Statutes and rules promulgated pursuant thereto, and if necessary the law of another state of the United States provided the law of the other state does not include Sharia Law, in making judicial decisions. The courts shall not look to the legal precepts of other nations or cultures. Specifically, the courts shall not consider international law or Sharia Law. The provisions of this subsection shall apply to all cases before the respective courts including, but not limited to, cases of first impression.