Eleanor Finch
The Ohio Constitution of 1851 is the foundational law of the state of Ohio, USA. It is the second constitution in the state's history and has been amended several times since its passage. The Ohio Constitution of 1851 updated the original Ohio Constitution of 1803, which was written so that Ohio could apply for statehood. The 1851 constitution made sweeping changes, including reducing the power of the Ohio General Assembly relative to the people and the executive branch, reforming the court system, updating the tax code, and enforcing a stricter system of representation by county population.
| Characteristics | Values |
|---|---|
| Number of amendments since 1851 | 173 |
| Number of state constitutions | 2 |
| Number of state constitutional conventions | 4 |
| Number of amendments passed by voters | 30 |
| Number of amendments dealing with state borrowing authority | 25 |
| Number of amendments approved since 1912 | 9 |
| Number of amendments approved since 2018 | 3 |
| Number of amendments proposed in 1912 | 42 |
| Number of amendments approved in 1912 | 34 |
| Number of amendments rejected in 1912 | 8 |
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What You'll Learn
The Ohio Constitution of 1851 has been amended 170+ times
The Ohio Constitution of 1851 has been amended over 170 times since its passage. The constitution was ratified on March 10, 1851, and came into effect on September 1 of the same year. It is the second constitution of the state of Ohio, which became the 17th state of the United States in 1803.
The Ohio Constitution of 1851 updated the original Ohio Constitution of 1803, which was written so that Ohio could apply to be admitted to the United States as a state. The 1851 Constitution included a Bill of Rights, similar to the U.S. Constitution, which was ratified in 1788. The 1851 Constitution also reduced the power of the Ohio General Assembly relative to the people and the executive branch, reformed the court system, updated the tax code, and enforced a stricter system of representation by county population. Notably, the 1851 Constitution also outlawed slavery, though slavery remained legal under the U.S. Constitution until the passage of the 13th Amendment in 1865.
The Ohio Constitution of 1851 has been amended numerous times to reflect the changing needs and values of the state. For example, while the original Constitution restricted voting rights to white male citizens, this was changed in 1923 when the text of the State Constitution was updated to remove the word "white", despite black people gaining the right to vote in State and Federal elections in Ohio due to the Fifteenth Amendment. In 1918, another notable amendment gave voters the power to review legislative ratification of amendments to the U.S. Constitution, though this provision was later found to be unconstitutional by the U.S. Supreme Court in Hawke v. Smith.
The process of amending the Ohio Constitution involves proposing constitutional amendments to voters, who must approve the changes. Amendments can be initiated by the General Assembly, by citizen initiative, or by a constitutional convention. The constitution has never been replaced by an entirely new document, although there have been several attempts to do so, including in 1873-1874 and 1912. The amendments made in 1912 were so sweeping that most legal scholars consider it to have become a new "1912 Constitution."
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Amendments include reducing the power of the Ohio General Assembly
The Ohio Constitution has been amended several times since 1851, with 173 amendments as of 2023. One notable amendment was made in 1918, which gave voters the power to review legislative ratification of amendments to the US Constitution. However, the US Supreme Court found this provision unconstitutional two years later in Hawke v. Smith.
The Ohio Constitution outlines the state's framework for governance, including the powers, structure, and limitations of the state government. Amendments to the constitution can be made through a legislative, citizen-initiated, or convention-referred process, all of which require voter approval. For example, in 2023, Ohio Issue 1 proposed requiring a 60% vote for voters to approve a constitutional amendment, whether citizen-initiated or from the General Assembly. This amendment would have amended specific sections of Articles II and XVI of the Ohio Constitution.
The Ohio Constitution has undergone significant changes since its inception, with the current version adopted in 1851 being the state's second constitution. In 1912, voters adopted 34 out of 42 proposed amendments, which constituted a sweeping change to the 1851 Constitution. This led most legal scholars to consider the resulting document a new "1912 Constitution."
One key aspect of the amendments has been the reduction of the Ohio General Assembly's power. For instance, the 1918 amendment that granted voters the power to review legislative ratification of amendments curtailed the General Assembly's exclusive authority in this area. Additionally, the Ohio Constitution has provided voters with powers of initiative and referendum, further enhancing their role in the legislative process.
The amendments to the Ohio Constitution reflect the evolving nature of governance in the state and the desire to balance the powers of the legislature and the electorate. The ability to amend the constitution through various methods, including citizen-initiated processes, underscores the adaptability and responsiveness of Ohio's governance framework.
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Voters rejected female suffrage in 1912
The Ohio Constitution, first adopted in 1851, has been amended several times since. One notable amendment in 1918 gave voters the power to review legislative ratification of changes to the US Constitution. However, this was deemed unconstitutional just two years later.
In 1912, Ohio voters rejected a proposal to grant women the right to vote. This was one of 42 proposed amendments considered that year, and one of eight that were rejected. The others included the use of voting machines, the regulation of outdoor advertising, and the abolition of the death penalty.
The women's suffrage movement had been gaining momentum since the mid-19th century, with women and their allies campaigning for what many considered a radical change to the US Constitution. Activists marched, gave speeches, and practiced civil disobedience to advocate for women's voting rights. Despite these efforts, male voters in Ohio rejected female suffrage in 1912. This rejection aligned with the conservative opposition present in the state. The South, in particular, was known for its resistance to suffrage, with Southern white men adhering to traditional views of women's public roles.
The rejection of female suffrage in Ohio was a setback for the women's suffrage movement, which had already faced opposition and arrests, as seen in the case of Susan B. Anthony, who was arrested for voting in 1872. Despite these challenges, the movement persisted, and by 1912, three more Western territories had become states, bringing the total to 48 and requiring 36 states to support a federal amendment. While Ohio male voters rejected female suffrage, men in Arizona and Oregon approved similar measures in the same year, demonstrating the varying attitudes and progress towards women's voting rights across the country.
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The constitution has never been replaced by an entirely new one
The Ohio Constitution of 1851 is the foundational law of the state of Ohio and has never been replaced by an entirely new constitution. It updated the original Ohio Constitution of 1803, which was written so that Ohio could apply to be admitted to the United States as a state. Notably, the 1851 Constitution outlawed slavery, while slavery remained legal under the U.S. Constitution until the passage of the 13th Amendment in 1865.
The Ohio Constitution of 1851 has been amended several times since its passage. For example, the original Constitution restricted voting rights to white men, but this text was not changed until 1923. Another notable amendment in 1918 gave voters the power to review legislative ratification of amendments to the U.S. Constitution, although the U.S. Supreme Court found this provision unconstitutional two years later in Hawke v. Smith.
In 1912, voters adopted 34 of 42 proposed amendments, including one that would have granted female suffrage. This was such a sweeping change to the 1851 Constitution that most legal scholars consider it to have become a new "1912 Constitution." However, despite these numerous amendments, the fundamental framework of the Ohio Constitution of 1851 remains in force today.
Ohio has held four state constitutional conventions, including in 1802 and 1850-1851. The Ohio Constitution can be amended through legislative, citizen-initiated, or convention-referred processes, all of which require voter approval. The General Assembly can propose constitutional amendments by a three-fifths majority, and all amendments proposed by future constitutional conventions must go to the voters for approval.
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The 1851 constitution outlawed slavery
The Ohio Constitution of 1851 outlawed slavery in the state and involuntary servitude, with the exception of punishment for crimes. This was a notable inclusion, as slavery remained legal under the U.S. Constitution until the passage of the 13th Amendment in 1865.
The 1851 Constitution was Ohio's second constitution, and it has been amended numerous times since its creation. The constitution provided for amendment by legislative, citizen-initiated, or convention-referred processes, all of which require voter approval. By 2018, the constitution had been amended 170 times, and since then, voters have approved three additional amendments. This means that, as of 2022, the 1851 Constitution has been amended at least 173 times.
The process of amending the constitution has not always been straightforward. For example, in the early decades after the constitution's adoption, there were calls for a constitutional convention due to concerns about the legislature's broad powers, financial crises, and excessive taxation. However, the General Assembly failed to approve these calls until 1849, when a convention was finally approved by voters. This convention drafted the 1851 Constitution, which was subsequently approved by voters on June 17, 1851, and took effect on September 1 of that year.
Despite the outlawing of slavery in the 1851 Constitution, it is important to note that it still restricted suffrage to white male citizens. This exclusion of African Americans from suffrage was maintained despite the Fifteenth Amendment, which allowed Black people to vote in all state and federal elections in Ohio. It was not until 1923 that the text of the State Constitution was changed to remove the word "white" from the definition of voter eligibility.
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Frequently asked questions
Yes, it has. The Ohio Constitution of 1851 has been amended several times since its passage. By 2018, it had been amended 170 times, with voters approving three additional amendments since then.
The Ohio Constitution of 1851 is the foundational law of the State of Ohio. It is the second constitution of the state and has been in force since it was ratified on 10 March 1851. It includes a Bill of Rights and outlines a state framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
One notable amendment in 1918 gave voters the power to review legislative ratification of amendments to the U.S. Constitution. However, the U.S. Supreme Court found this provision unconstitutional two years later. In 1912, voters also adopted 34 of 42 proposed amendments, which constituted sweeping changes to the 1851 Constitution, leading legal scholars to consider it a new "1912 Constitution". Other significant amendments include the removal of the word "white" from the definition of voter eligibility in 1923, and the outlawing of slavery in 1851, which remained legal under the U.S. Constitution until the passage of the 13th Amendment in 1865.
