Jonah Patel
The US Constitution and the Ohio Constitution are similar in that they both outline the framework for their respective governments, including the powers, structure, and limitations of the government, individual and civil rights, and other matters. Both documents organize their governments into three separate branches: legislative, executive, and judicial, with each branch being independent of the other. The Ohio Constitution of 1851 is particularly similar to the US Constitution and complements the federal structure of the government.
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![Constitution of the State of Ohio ... 1851 as Amended Oct. 9, 1883 and Oct. 13, 1885, with Proposed Amendments. 1889 [Leather Bound]](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
What You'll Learn
Three branches of government
The US Constitution and the Ohio Constitution are similar in that they both provide for three branches of government: the executive, legislative, and judicial branches.
The Executive Branch
The US Constitution establishes the President as the head of the executive branch, with the power to enforce laws made by the legislative branch and veto their legislation. The President is elected by US citizens who are 18 years or older. The executive branch also includes executive departments, independent agencies, and other boards, commissions, and committees.
The Ohio Constitution's executive branch is composed of the governor, lieutenant governor, attorney general, secretary of state, auditor, and treasurer, all elected for four-year terms. The governor of Ohio gained veto power in 1903.
The Legislative Branch
The US legislative branch, also known as Congress, consists of the Senate and the House of Representatives. It is responsible for making laws.
Ohio's legislature is called the General Assembly and consists of the Senate, with 33 members serving four-year terms, and the House of Representatives, with 99 members serving two-year terms. The legislative branch has broad powers in policy formulation and monetary appropriation.
The Judicial Branch
The US judicial branch includes the Supreme Court and lower federal courts. The Supreme Court has 9 Justices who interpret laws according to the Constitution and hear cases pertaining to constitutional issues.
The Ohio Constitution's judicial branch comprises the Ohio Supreme Court, 12 courts of appeals, courts of common pleas in each county, municipal courts, and many county courts. The Supreme Court has seven members.
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Federal structure
The US Constitution and the Ohio Constitution are similar in that they both complement the federal structure of government in the United States. Both documents organise the government into three separate branches: the legislative, executive, and judicial. The Ohio Constitution of 1851 outlines the powers of each branch and specifies how those powers are to be used, mirroring the structure and principles of the federal government. This creates a balance between the federal government, which handles matters that affect the entire country, and the state government, which deals with more local issues.
The Ohio Constitution's Bill of Rights in Article I consists of 21 sections, which are substantially similar to its federal counterpart in the US Constitution. However, it also includes additional rights such as the right to alter, reform, or abolish the government, rights of conscience and education, rights for victims of crime, a prohibition of imprisonment for debt, and the right to payment of damages for wrongful death.
Article II of the Ohio Constitution, consisting of 42 sections (with four repealed), is dedicated to the legislature. It is worth noting that the original 1802 constitution made the legislature the most powerful branch of the state government, with the power to appoint most executive branch officers and judges. However, the 1851 constitution eliminated this appointment power, and the governor gained veto power in 1903.
Article III, entitled "Executive," consists of 22 sections, two of which have been repealed. Article IV, the "Judicial" article, consists of 23 sections, with seven repealed. This article discusses the apportionment of the Ohio Legislature, which is unique in that it uses a commission to apportion state legislative districts rather than allowing the legislature to control the redistricting process.
The Ohio Constitution can be amended through legislative, citizen-initiated, or convention-referred processes, all of which require voter approval. This adaptability allows the state constitution to evolve and better serve the needs of its citizens.
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Local government structure
The US Constitution and the Ohio Constitution are similar in that they both provide for executive, legislative, and judicial branches of government. The Tenth Amendment to the US Constitution mandates that all powers not granted to the federal government are reserved for the states and the people. This is similar to the Ohio Constitution, which outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
The US Constitution requires all states to uphold a "republican form" of government, although it does not require the three-branch structure. Ohio's present constitution, adopted in 1851, has been amended extensively and provides for executive, legislative, and judicial branches of government. The executive branch is composed of the governor, lieutenant governor, attorney general, secretary of state, auditor, and treasurer, all elected to four-year terms. The legislative branch, called the General Assembly, consists of the Senate and the House of Representatives, with members serving four-year and two-year terms, respectively. The judiciary comprises the seven-member Supreme Court, appellate courts, and lower courts.
Ohio's local government structure includes counties, cities, townships, villages, special districts, and school districts. The state is divided into 88 counties, which are the primary geographic regions for administrative purposes. Counties may adopt charters for home rule and can choose an alternate form of government with a three-member board of county commissioners, sheriff, coroner, auditor, treasurer, and other officials. Municipalities, or cities/towns, can be structured in various ways and may adopt a charter, ordinances, and resolutions for self-government. Townships are governed by a three-member board of township trustees and may have limited home rule powers.
The US Constitution does not specify a local government structure, but it recognizes the authority of the states and the people to establish laws and ordinances within localized geographic areas. The diversity of local government structures across the US is notable, with each state having its own constitution and substantial autonomy in managing its affairs while preserving the rights of the people.
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Powers and structure
The Ohio Constitution and the US Constitution are similar in their structure and division of powers. Both documents organise the government into three separate branches: legislative, executive, and judicial. Each branch is independent and has distinct powers and responsibilities.
The Ohio Constitution, like its federal counterpart, outlines the framework for governance, including the powers, structure, and limitations of the state government. It establishes the rights of citizens and ensures their protection. The Ohio Constitution's Bill of Rights, contained in Article I, mirrors the US Constitution's Bill of Rights, guaranteeing individual freedoms and liberties.
Article II of the Ohio Constitution, entitled "Legislature", details the legislative branch's powers and functions. The legislature's role in lawmaking and representing the people of Ohio is outlined in this section. Similarly, the US Constitution grants legislative power to Congress, enabling it to pass laws for the welfare of the country.
Article III of the Ohio Constitution, titled "Executive", defines the roles and responsibilities of the executive branch, including the governor and other elected officials. This branch executes the laws and manages the state's administration. In the US Constitution, the executive branch, led by the President, carries out similar functions at the national level.
Article IV, "Judicial", of the Ohio Constitution establishes the judicial system, including the state supreme court and lower courts. This branch interprets the laws, ensures justice, and resolves disputes. Similarly, the US Constitution establishes a federal judiciary, with the US Supreme Court at its apex, to uphold the law and protect the rights of Americans.
Both constitutions provide mechanisms for amendment. The Ohio Constitution can be amended through legislative, citizen-initiated, or convention-referred processes, all requiring voter approval. Similarly, the US Constitution can be amended through proposals by Congress or state legislatures, followed by ratification by a specified number of states. This ensures that the constitutions remain adaptable to the changing needs of their respective jurisdictions.
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Individual and civil rights
The Ohio Constitution and the US Constitution are similar in that they both outline the framework for governance, including the powers, structure, and limitations of the government, as well as individual and civil rights. Both documents organise the government into three separate branches: legislative, executive, and judicial, with each branch being independent of the others.
The Ohio Constitution's Bill of Rights, consisting of 21 sections, is substantially similar to its federal counterpart in the US Constitution. The Ohio Constitution includes the right to alter, reform, or abolish the government, rights of conscience and education, rights for victims of crime, a prohibition of imprisonment for debt, and the right to payment of damages for wrongful death.
The US Constitution, on the other hand, begins with the phrase "We the People," signifying that the government is based upon and derives its power from the people. This reflects the culture and ideologies of its citizens. Similarly, the Ohio Constitution reflects the values and beliefs of its citizens, albeit in a more specific locality.
Both constitutions have undergone amendments over time to adapt to the changing needs and values of their respective societies. The Ohio Constitution, for example, has been amended to legalise bingo, create the Ohio Lottery, and legalise casino gambling. The US Constitution has also undergone amendments to address various issues and rights, such as the right to vote and civil rights.
In summary, the Ohio Constitution and the US Constitution share similarities in their structure, organisation of government powers, and protection of individual and civil rights. Both documents are designed to outline the framework for governance and reflect the values and beliefs of their citizens, albeit on different geographical scales.
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Frequently asked questions
A state constitution outlines a state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
Both documents organise the government into three separate branches (legislative, executive, and judicial). Each branch is independent and the constitutions have many of the same principles that form the framework of the federal government.
Article I of the Ohio Constitution is entitled "Bill of Rights" and consists of 21 sections. The Bill of Rights includes the right to alter, reform or abolish the government, rights of conscience and education, rights for victims of crime, a prohibition of imprisonment for debt, and the right to payment of damages for wrongful death.
The Ohio Constitution can be amended with a legislative, citizen-initiated, or convention-referred constitutional amendment, all of which require voter approval.
Some notable amendments to the Ohio Constitution include the legalization of bingo in 1975, the creation of the Ohio Lottery in 1973, and the legalization of casino gambling in 2009.
