Malcolm Rivera
The Ohio Constitution, first drafted in 1802, has undergone several changes since Ohio became a state in 1803. The current constitution, which came into effect in 1851, differs from the US Constitution in several ways. For instance, Ohio has a unique history of using a commission to apportion state legislative districts, and it recognises education as a right for every child. The Ohio Constitution also grants the governor a line-item veto in appropriation bills, and includes provisions for public debt and public works, as well as the right to alter or reform the government.
| Characteristics | Values |
|---|---|
| Ohio's constitution recognises education as a right for every child | Section 2 |
| State responsibility for public schools | Section 3 |
| Local school districts can be created by referendum | Section 3 |
| State government can provide student loans for higher education | Section 5 |
| Tuition credit system | Section 6 |
| Ohio has a long history of using a commission to apportion state legislative districts | |
| Ohio's constitution includes the right to alter, reform or abolish government | |
| Rights of conscience and education | |
| Rights for victims of crime | |
| Prohibition of imprisonment for debt | |
| Right to payment of damages for wrongful death | |
| Powers of the legislature | Ohio's 1802 constitution made the legislature the most powerful branch of the state government |
| Appointment power | The 1851 constitution eliminated the power of the legislature to appoint most executive branch officers and judges |
| Veto powers | Governors lacked veto powers until 1903 |
| Legislative vacancies | Ohio is the only state where vacancies must be filled by an appointment of the members of the former legislators' political member within the legislature |
| Number of signatures required for an initiated constitutional amendment | 10% of votes cast in the last gubernatorial election |
| Signature distribution requirement | Signatures must be gathered from at least 44 of Ohio's 88 counties |
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What You'll Learn
- Ohio's constitution includes the right to alter or abolish the government
- Ohio has a signature distribution requirement for constitutional amendments
- Ohio's constitution recognises education as a right for every child
- Ohio's constitution includes a right to payment of damages for wrongful death
- Ohio's constitution has provisions for public debt and public works
Ohio's constitution includes the right to alter or abolish the government
The Ohio Constitution, like all state constitutions, is the fundamental document that outlines a state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. Ohio's constitution is distinct from that of the US in several ways.
Firstly, Ohio's constitution includes the right to alter or abolish the government. Article I, Section 2 of the Ohio Constitution states that " [a]ll political power is inherent in the people. Government is instituted for their equal protection and benefit, and they have the right to alter, reform, or abolish the same, whenever they may deem it necessary." This provision empowers the people of Ohio to make fundamental changes to their government if they believe it to be necessary, demonstrating a strong commitment to democratic principles and popular sovereignty.
The Ohio Constitution also differs from the US Constitution in its approach to education. Article VI of the Ohio Constitution, entitled "Education," includes a requirement that was lobbied for by common school advocates. This requirement, found in Section 2, states that education is a right of every child. While the Ohio Supreme Court has suggested that education is not a guaranteed right, the constitution nonetheless allows for the creation of local school districts by referendum and includes provisions for funding education, such as permitting the state government to provide student loans for higher education and creating a tuition credit system.
Another difference lies in the process of redistricting. Unlike most states, where legislatures control redistricting, Ohio has historically used a commission to apportion state legislative districts. This commission, implemented by the original 1851 Constitution, consisted of the governor, the state auditor, and the secretary of state. While the constitution mandated that state legislative districts follow county lines between 1903 and the 1964 Supreme Court decision in Reynolds v. Sims, Ohio's constitution has since been amended to create a bipartisan redistricting process, with the commission expanded to include appointees of the state's legislative minority leaders.
Additionally, the Ohio Constitution includes specific regulations for corporations. Article XIII, adopted in 1851, was a response to entanglements between the state government and corporations in the early nineteenth century. It prohibits the legislature from granting special powers, such as eminent domain, to private companies.
Finally, the Ohio Constitution grants certain powers to the state legislature that are not found in the US Constitution. According to Article XVI, the state legislature can refer constitutional amendments to the ballot for voters to decide, with a 60% vote required during one legislative session. This process allows for direct voter participation in shaping the state's constitution.
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Ohio has a signature distribution requirement for constitutional amendments
Ohio is one of 16 states that require signature distribution for constitutional amendments. In Ohio, citizens can initiate constitutional amendments, state statutes, and veto referendums. The number of signatures needed to place a measure on the ballot is based on the total number of votes cast for the governor in the preceding general election. For an initiated constitutional amendment (ICA), signatures from 10% of the votes cast for the governor are required. Campaigns for citizen-initiated constitutional amendments must collect signatures equal to 5% of the votes cast for the governor in each of 44 of Ohio's 88 counties. This means that overall, campaigns need to collect signatures equal to 10% of the votes cast for the governor statewide, which was 413,487 signatures in 2023.
Ohio has a long history of using a commission to apportion state legislative districts, implemented by the original 1851 Constitution. The commission consisted of the governor, the state auditor, and the secretary of state. The constitution mandated that state legislative districts be based on county lines. This practice continued as a de facto rule during the late twentieth century. Following several instances of partisan gerrymandering, various initiatives were proposed to amend the article. In 2015, an initiative to create a bipartisan process passed, expanding the commission to seven members, including appointees of the state's legislative minority leaders.
In 2023, Ohio was one of three states to take action on signature distribution requirements. The distribution requirement would increase to 5% of the votes cast at the last gubernatorial election in each of the state's 88 counties, rather than 44 of them. This expanded distribution requirement would make the ballot initiative process more difficult, as it would be more resource-intensive for initiative proponents. The new signature distribution requirement would go into effect on January 1, 2024, if Issue 1 is approved by voters.
Supporters of Issue 1 argue that by requiring signatures from voters in every county, special interests will no longer be able to cherry-pick where they gather signatures. Instead, a diverse and representative population of Ohioans will determine whether proposed amendments appear on the ballot. However, opponents of Issue 1 claim that the new geographic signature requirements create monumental hurdles, including increased costs for citizen-led campaigns. They argue that the requirements advantage only the most well-resourced special interests and do not achieve the stated purpose of limiting their influence on the Ohio Constitution.
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Ohio's constitution recognises education as a right for every child
The Ohio Constitution is the fundamental document that outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. Ohio became the 17th state on March 1, 1803, and its first constitution was in effect from statehood until 1851. The second constitution became effective in 1851, and Ohio has held four state constitutional conventions since, including in 1802 and 1850-1851. The Ohio Constitution has been amended several times, with the most recent major change occurring in 1912, which is considered a new "1912 Constitution" by legal scholars.
One key difference between the Ohio Constitution and the US Constitution lies in their respective approaches to education. While the US Constitution does not guarantee a right to education, Ohio's Constitution recognises education as a right for every child. Common school advocates successfully lobbied for this inclusion, and it has been present in every draft of the constitution. This right is outlined in Article VI of the Ohio Constitution, which consists of six sections.
However, it is important to note that the Ohio Supreme Court has suggested that education is not a right guaranteed by the state's constitution. Despite this, the constitution gives the state ultimate responsibility over public schools and allows the creation of local school districts by referendum. Several provisions within the constitution address funding for education, including sections that permit the state government to provide student loans for higher education and create a tuition credit system.
In addition to its recognition of education as a right, the Ohio Constitution also differs from the US Constitution in other ways. For example, Ohio has a long history of using a commission to apportion state legislative districts, whereas most states allow legislatures to control the redistricting process. Additionally, the Ohio Constitution grants the legislature the power to fix the hours of labour, establish a minimum wage, and create a workers' compensation system. It also includes progressive measures such as the expansion of the state's bill of rights and the provision for voter-led initiatives and referendums.
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Ohio's constitution includes a right to payment of damages for wrongful death
The Ohio Constitution, which came into effect in 1851, is the fundamental document that outlines the state's framework for governance. It includes matters such as the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
Article I of the Ohio Constitution is entitled "Bill of Rights" and consists of 21 sections. The Ohio Constitution's Bill of Rights is substantially similar to its federal counterpart in the US Constitution, but it also includes unique 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.
The right to payment of damages for wrongful death is a significant aspect of the Ohio Constitution. This right allows individuals to seek compensation for the wrongful death of a loved one caused by another person or entity's negligence, recklessness, or intentional misconduct. Ohio law assumes that the decedent's surviving parents, spouse, and children have been injured and can recover compensation. This means that the personal representative will seek compensation for injuries suffered by these immediate family members. Other family members, such as grandparents, siblings, and unmarried romantic partners, are not automatically entitled to compensation but can claim they have suffered a "compensable loss" and seek their right to compensation.
There are various causes of wrongful death cases in Ohio, including motor vehicle accidents, product liability, premises liability, and more. In these cases, individuals can seek damages for economic losses, such as financial injuries, as well as non-economic damages, like mental anguish and loss of companionship. Punitive damages, which aim to punish the wrongdoer and deter similar actions, are rare in Ohio wrongful death cases but can be awarded when the defendant's actions are intentional or exceptionally harmful. Notably, Ohio does not impose a limit or "damages cap" on punitive damages or non-economic damages in wrongful death claims.
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Ohio's constitution has provisions for public debt and public works
The Ohio Constitution is the fundamental document outlining the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. Ohio has held four state constitutional conventions, and the current constitution, adopted in 1912, is considered to have significantly changed the previous 1851 Constitution.
One of the unique aspects of the Ohio Constitution is its provisions for public debt and public works, outlined in Article VIII. This article consists of 17 sections, one of which has been repealed. While the specifics of each section are not publicly available, the article's focus on public debt and public works sets it apart from the US Constitution.
The inclusion of Article VIII in the Ohio Constitution demonstrates the state's recognition of the importance of managing public debt and investing in public infrastructure. It provides a framework for addressing these financial matters, likely including provisions for borrowing, repayment, and the allocation of funds for public projects.
By having a dedicated article in their constitution, Ohio has established a comprehensive approach to handling public debt and financing public works. This distinguishes it from the US Constitution, which does not have a specific article or amendment solely dedicated to these financial matters.
The US Constitution, as the supreme law of the land, outlines the fundamental rights and responsibilities of the federal government and its citizens. While it includes provisions for borrowing power and appropriations, it does not go into detail about public debt and public works in the same way that the Ohio Constitution does.
Therefore, the Ohio Constitution's provisions for public debt and public works reflect the state's commitment to financial responsibility and its recognition of the importance of transparent and accountable management of public funds.
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Frequently asked questions
The Ohio Constitution is a state constitution that outlines the framework for how Ohio is governed, including the rights and powers of its citizens and government. The US Constitution applies to the entire country and does not include state-specific laws and rights.
The Ohio Constitution has a Bill of Rights, which is similar to the US Constitution's federal counterpart. It also includes additional rights such as the right to alter or reform the government, rights for victims of crime, and the right to education.
The Ohio Constitution outlines the powers and structure of the state government, including the executive, legislative, and judicial branches. The original 1802 constitution made the legislature the most powerful branch, but the 1851 constitution removed its appointment powers.
Amending the Ohio Constitution requires a proposal, which can come from voters or the state legislature. For a voter-led initiative, 10% of signatures from the last gubernatorial election are needed, with signatures from at least 44 of Ohio's 88 counties. A simple majority is then required for voter approval.
