Jonah Patel
Ohio has had three constitutions since statehood was granted, with the current one being adopted in 1851. 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. The current Ohio Constitution has been amended 173 times, with voters approving 34 of the 42 proposed amendments in the fourth state constitutional convention in 1912. The number of signatures required for an initiated constitutional amendment is equal to 10% of the votes cast in the last gubernatorial election, with Ohio also requiring 1,000 signatures with the initial petition application.
| Characteristics | Values |
|---|---|
| Number of people who signed the Ohio Constitution | N/A |
| Year Ohio became a state | 1803 |
| Number of constitutions since statehood | 3 |
| Number of state constitutional conventions | 4 |
| Number of delegates at the fourth convention | 119 |
| Number of amendments to the constitution | 173 |
| Number of amendments passed in 1969 | 60 |
| Number of amendments passed by voters at the fourth convention | 34 |
| Number of signatures required for an initiated constitutional amendment | 10% of votes cast in the last gubernatorial election |
| Number of signatures required with initial petition application | 1,000 |
| Number of counties from which signatures must be gathered | 44 |
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What You'll Learn
Ohio statehood
Ohio's path to statehood began in 1787, when the Northwest Ordinance was passed by Congress. This established a territorial government and provided for the future admission of new states into the Union once the population had reached 60,000. The Northwest Territory, which included what would become Ohio, had a population of 45,000 in 1801, and statehood supporters argued that the 60,000 threshold would soon be met.
In 1802, Congress passed an enabling bill to establish a new state, which President Thomas Jefferson signed into law on April 30. This act called on the people of Ohio to form a constitutional convention and to fulfil other requirements of the Northwest Ordinance to become a state. On November 29, 1802, the people in the eastern division of the Northwest Territory met and adopted the Ohio Constitution, which was sent to Congress as qualification for statehood.
On February 19, 1803, Congress passed an act recognizing that the citizens of Ohio had adopted a constitution in accordance with the 1802 enabling act, and that Ohio had become one of the United States of America. This is the date that Ohio legally became the 17th state. However, Ohio statehood is celebrated on March 1, the date in 1803 when the Ohio legislature first met.
Interestingly, in 1953, it was discovered that the Library of Congress did not have the legislation that granted statehood to Ohio. This led to the resurfacing of the Ohio statehood issue, and on May 19, 1953, the House voted to grant statehood to Ohio, retroactive to March 1, 1803.
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The Ohio Constitution's amendments
Ohio has had three constitutions since statehood was granted. The original 1851 constitution had 16 articles and 169 sections. The present document has 19 articles and 225 sections. There have been 170 amendments made, most of which occurred after 1912 when the requirements for passing amendments were loosened.
The fourth state constitutional convention was held in 1912 in Columbus, Ohio, with 119 delegates in attendance. This convention proposed 42 constitutional amendments, of which voters approved 34 (80.95%) and rejected eight (19.05%). One of these amendments created the citizen-initiated ballot measure process in Ohio.
Ohio requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments. Citizens can initiate constitutional amendments, and an initiated amendment requires the signatures of 10% of the votes cast in the last gubernatorial election, with signatures from at least 44 of Ohio's 88 counties. Initiative sponsors must also submit 1,000 signatures with the initial petition application.
In 1968, voters adopted the "Modern Courts Amendment", which significantly revised Article IV of the constitution, which describes the state's judicial system. The key change was granting the Supreme Court administrative control of the state's judiciary.
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The Ohio Constitutional Revision Commission
Ohio has had three constitutions since statehood was granted. In 1969, the General Assembly established the Ohio Constitutional Revision Commission, which made a series of recommendations to the General Assembly regarding amendments to the constitution. The commission's work resulted in sixty amendments being submitted to the people, many of which were passed.
The original 1851 constitution contained 16 articles and 169 sections, while the present document has 19 articles and 225 sections. There have been 170 amendments made in total, with most occurring after 1912 when the requirements for passing amendments were loosened. The writers of the 1802 constitution borrowed heavily from the Northwest Ordinance, which established a territorial government and prohibited slavery. Many of the rights found within the state constitution align with the U.S. Constitution, including the right to assemble, the right to bear arms, and protections against cruel and unusual punishment.
A similar commission, the Ohio Constitution Modernization Commission, was established in 2011. This commission was terminated before its intended sunset date of 2020, as most of its recommendations were not proposed by the legislature. However, its main success came in reforming the process of apportionment in Ohio, leading to the establishment of the state's redistricting commission.
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The Ohio Constitution's bill of rights
Ohio has had three constitutions since statehood was granted. The writers of the 1802 constitution borrowed heavily from the Northwest Ordinance, and those of the 1851 constitution made few changes. The present document has 19 articles and 225 sections, with 170 amendments made so far.
> We, the people of the State of Ohio, grateful to Almighty God for our freedom, to secure its blessings and promote our general welfare, do establish this Constitution...
While the preamble does not enact any positive laws, the Ohio Supreme Court has established that it creates a presumption that the legislature enacts law to promote Ohioans' "general welfare." The Ohio Constitution also establishes a weak governor and judiciary, with most power vested in a bicameral legislature, known as the General Assembly.
The constitution describes the state's judicial system, creating three tiers: the Supreme Court of Ohio, the Ohio District Courts of Appeals, and the Ohio Courts of Common Pleas. The legislature can create additional courts as well. In 1968, voters adopted the "Modern Courts Amendment," which significantly revised this article, granting the Supreme Court administrative control of the state's judiciary.
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The Ohio Constitution's ratification
The Ohio Constitution is the state constitution of Ohio, and it has been amended 173 times. The current Ohio Constitution was adopted in 1851 and has 19 articles. Ohio has had three constitutions since statehood was granted. The state's first constitution was in place from statehood in 1803 until 1851, when the second constitution became effective. The writers of the 1802 constitution borrowed heavily from the Northwest Ordinance, and those of the 1851 constitution made few changes.
Ohio was created from the easternmost portion of the Northwest Territory. In 1787, the Congress of the Confederation of the United States passed the Northwest Ordinance, establishing a territorial government and providing for the future admission of new states into the Union once the population had reached 60,000 inhabitants. The Ordinance prohibited slavery and provided for freedom of worship, the right of habeas corpus and trial by jury, and the right to make bail except for capital offenses.
Ohio's statehood was granted on February 19, 1803, when Congress passed an act stating that the citizens of Ohio had adopted a constitution in accordance with the 1802 enabling act, and that the state had become one of the United States of America. However, there was a dispute about the actual calendar day Ohio was admitted to the Union, as the 8th Congress (1803-1805) missed a critical part of the statehood process: congressional ratification of the state constitution. This was finally resolved in 1953, when the 83rd Congress (1953-1955) passed legislation retroactively granting statehood and admitting Ohio to the Union as of March 1, 1803.
Ohio has held four state constitutional conventions, including in 1802 and 1850-1851. The third state constitutional convention was held in 1873-1874, and the fourth in 1912. The Ohio Constitution can be amended with a legislative, citizen-initiated, or convention-referred constitutional amendment, all of which require voter approval. Amendments do not require the governor's signature to be referred to the ballot.
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Frequently asked questions
It is unclear how many people signed the Ohio Constitution as there have been several conventions and amendments. The current Ohio Constitution was adopted in 1851 and has been amended 173 times.
The Ohio Constitution of 1802 was signed by the Ohio state convention delegates who agreed to petition for admittance into the Union on November 29, 1802. However, the exact number of signatories is not known.
The second Ohio Constitution was adopted in 1851, but the number of signatories is unknown.
The most recent amendment to the Ohio Constitution, Issue 1, was approved by voters on November 7, 2023. The number of voters who approved this amendment is unknown, but a simple majority vote is required for voter approval.
