Oklahoma Constitution Article XXIII: MISCELLANEOUS
Oklahoma Constitution – Article XXIII: Miscellaneous – Summary
Article XXIII of the Oklahoma Constitution is a miscellaneous provisions article, meaning it includes various constitutional clauses that don’t fit neatly under other specific topics. These provisions address labor laws, oaths, public officers, and other general principles.
Here's a section-by-section summary of the key provisions:
🔹 Section 1 – Employment Contracts
Contracts limiting employment to specific lengths of time are void unless made in writing.
Designed to protect workers from informal or indefinite employment restrictions.
🔹 Section 1A – Right to Work
Guarantees that no person shall be required to join or not join a labor union to obtain or keep a job.
Affirms Oklahoma as a Right-to-Work state.
🔹 Section 2 – Arbitration Clauses
Arbitration agreements in contracts cannot be enforced in court without both parties' consent, unless made post-dispute.
Protects individuals from being forced into arbitration before a dispute arises.
🔹 Section 3 – Oath of Office
Mandates a specific oath of office for public officials, including allegiance to the U.S. and Oklahoma constitutions.
🔹 Section 4 – Anti-Dual Office Holding
Public officials cannot hold two paid public offices simultaneously.
Designed to prevent conflicts of interest.
🔹 Section 5 – Anti-Nepotism
Prohibits public officials from appointing family members to positions.
Applies to relationships by blood or marriage within the third degree.
🔹 Section 6 – Age Limitations
Sets age limits for certain public offices (e.g., retirement for judges, etc.)—subject to legislative changes.
🔹 Section 7 – Worker Protection
Ensures that employees injured on the job cannot waive their right to compensation.
Such waivers are declared null and void.
🔹 Section 8 – Prohibition on Blacklisting
Employers may not blacklist employees or circulate blacklists to prevent them from obtaining future employment.
🔹 Section 9 – Child Labor
Legislature has power to regulate child labor to protect their health, morals, and education.
🔹 Section 10 – Hours of Labor
Establishes an eight-hour workday for workers employed by the state or any subdivision (e.g., municipalities).
🔹 Section 11 – Public Officers & Profit
Public officers cannot profit personally from use of public property or funds under their control.
🔹 Section 12 – Gambling Prohibition
Prohibits lotteries and games of chance unless specifically allowed by law (subject to later amendments/legalization, such as for the Oklahoma Lottery).
🔹 Section 13 – Invalidity of Part of Article
If any section of this article is found invalid, the rest remains effective (severability clause).
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