The 1851 Ohio Constitution: Addressing The State's Issues

In 1851, Ohio drafted a new constitution to address the problems of the original state. The previous 1803 constitution was outdated and had led to an overburdened judicial branch, excessive state government debt, and an overly powerful legislative branch. The 1851 constitution introduced several significant changes, including debt limits, the election of major executive officials, and the creation of district courts. These reforms aimed to rebalance state government power and improve judicial efficiency, addressing the issues faced under the previous constitution.

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Expanded the governor's power and created the position of lieutenant governor

The Ohio Constitution of 1851 addressed several concerns about the 1803 version, including expanding the governor's power and creating the position of lieutenant governor. This marked a shift from the previous constitution, which favoured a small government with limited powers.

The 1851 constitution expanded the governor's power by granting them additional appointment authority. Notably, it did not provide the governor with veto power. This expansion of the governor's power was a significant change from the previous constitution, which had limited the governor's appointment power and did not grant them veto authority.

The creation of the position of lieutenant governor was another important aspect of the 1851 constitution. This position provided additional support and assistance to the governor, further strengthening the executive branch. The lieutenant governor typically assumes the role of governor in the absence or incapacity of the governor, ensuring continuity and stability in the state's leadership.

Additionally, the 1851 constitution imposed substantive and procedural restrictions on the General Assembly. It limited the legislature's ability to incur debt and prohibited the creation of new counties without the residents' consent. These restrictions further balanced the power dynamics between the executive and legislative branches.

The constitution also transferred the power to elect several key officials from the legislature to the voters. This included positions such as the auditor, secretary of state, treasurer, attorney general, Ohio Supreme Court justices, and common pleas judges. By empowering voters with these electoral decisions, the 1851 constitution promoted greater democratic participation and accountability in the state's governance.

While the Ohio Constitution of 1851 has been amended over time, it still serves as the foundational document governing the state today, demonstrating its enduring significance and adaptability to the evolving needs of Ohio's citizens.

Limited the legislature's ability to incur debt

Ohio's 1851 constitution was drafted to address issues with the original 1802/1803 state constitution. One of the main problems with the original constitution was the overbearing power of the General Assembly, which held most of the power in the state. The General Assembly was perceived as corrupt, granting special privileges to private companies and causing state debt to explode between 1825 and 1840.

The 1851 constitution introduced debt limits to control and limit the amount of debt the state could incur. This provision aimed to address the problem of heavy state debt and ensure that future financial obligations would be more manageable. The constitution also prohibited the legislature from granting special powers to private companies, such as eminent domain.

The new constitution also took away some of the powers of the state legislature by requiring major executive officials to be elected by popular vote. This diminished the concentration of power within the legislative branch, creating a system of checks and balances to prevent any single branch from becoming too powerful.

The 1851 constitution also included a provision that automatically put a convention call on the ballot every twenty years, allowing each generation to revisit the constitution. This constitution has been amended 169 times since its creation, and only six states have older constitutions.

Gave voters the power to elect officials

The Ohio Constitution of 1851 gave voters the power to elect several officials, including the auditor, secretary of state, and treasurer. This was a significant change from the previous constitution, which had granted extensive powers to the General Assembly, including unlimited terms in office and broad appointment powers. By expanding the governor's power and creating the position of lieutenant governor, the 1851 constitution redistributed power away from the General Assembly. Additionally, it imposed substantive and procedural restrictions on the General Assembly, such as limiting its ability to incur debt and prohibiting the creation of new counties without residents' consent.

The 1851 constitution also introduced a provision that automatically put a convention call on the ballot every twenty years, allowing future generations to revisit and amend the constitution. While it did not expand suffrage, which remained limited to white male citizens, it did give those voters more options for influencing the constitution. For example, the General Assembly could propose constitutional amendments to voters by a three-fifths majority, and all amendments proposed by future constitutional conventions required voter approval.

The expanded powers of the governor under the 1851 constitution included the ability to make appointments, although it did not grant a veto power. This addressed concerns about the limited powers of the governor under the previous constitution, which had been a source of dissatisfaction. The 1851 constitution also introduced the position of lieutenant governor, further shaping the executive branch of Ohio's government.

The process of drafting and adopting the 1851 constitution involved several steps. In 1849, the legislature reached a two-thirds majority, allowing them to call for a constitutional convention. Voters approved this measure, and delegates were elected to represent them. The convention, presided over by William Medill, convened in Columbus and Cincinnati between May 1850 and March 1851. The proposed constitution addressed various concerns about the previous version and aimed to better serve the needs of Ohio's growing population and changing political landscape.

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Empowered voters to amend the constitution

The Ohio Constitution of 1851 gave voters more options to amend the constitution in the future. A new provision was introduced to automatically put a convention call on the ballot every twenty years, allowing each generation to reconsider the constitution. The General Assembly could also propose constitutional amendments by a three-fifths majority, and all amendments proposed by future constitutional conventions required voter approval.

The 1851 constitution was approved by a simple majority of voters and took effect on September 1, 1851. It addressed the problem of a disproportionately powerful General Assembly by redressing the checks and balances of power. The constitution outlawed slavery, but notably, it did not expand suffrage. Voting rights were limited to white male citizens, and voters rejected a proposal to remove the word "white" from the constitution's definition of voter eligibility.

Since 1912, amendments to the Ohio Constitution have required approval by a majority of voters (50% +1). However, there have been proposals to increase the approval threshold to 60%, which critics argue would end majority rule and allow a minority of voters to determine the state's direction.

Despite the limitations on suffrage in the 1851 constitution, it empowered voters to amend the constitution and provided a mechanism for future generations to continue shaping the state's governing document.

Outlawed slavery

The Ohio Constitution of 1851 outlawed slavery in the state, but it left open one exception. The constitution states: "There shall be no slavery in this state; nor involuntary servitude, unless for the punishment of crime." This exception mirrors the exception in the US Constitution, which was only removed with the passage of the 13th Amendment in 1865.

Despite the 1851 Constitution's ban on slavery, it did not extend suffrage to African Americans. Only white male citizens who had resided in the state for at least a year and paid taxes could vote. An overwhelming majority of delegates voted against extending suffrage to women of any race and African-American men. This decision was reflected in the constitution's definition of voter eligibility, which included the word "white". While black people gained the right to vote in all State and Federal elections in Ohio due to the Fifteenth Amendment, the text of the State Constitution was not changed until 1923.

The Ohio Constitution of 1851 was ratified by the Ohio Constitutional Convention of 1850-1851, replacing the state's first constitution, written in 1803. It has been amended 169 times since its creation and remains the fundamental law document in the state. In 2020, the Ohio Legislative Black Caucus renewed efforts to remove the exception for slavery as punishment for a crime from the constitution.

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