Malcolm Rivera
The Ohio Constitution of 1802 has been amended several times since its inception. The constitution, which was adopted at a state constitutional convention in Chillicothe, Ohio, in November 1802, provided for a weak governor and judiciary and vested most power in a bicameral legislature called the General Assembly. Ohio has had three constitutions since it became a state in 1803, and the current constitution has been amended 173 times. The Ohio Constitution can be amended through legislative, citizen-initiated, or convention-referred processes, all of which require voter approval. This article will explore the history of the Ohio Constitution, the amendments made to it, and the mechanisms for amending it.
| Characteristics | Values |
|---|---|
| Number of times amended | 173 |
| Date of last amendment | November 7, 2023 |
| First constitution | 1802 |
| Second constitution | 1851 |
| Third constitution | N/A |
| Number of state constitutional conventions | 4 |
| Number of delegates at the 1850-1851 convention | 119 |
| Number of constitutional amendments proposed at the 1850-1851 convention | 42 |
| Number of amendments approved | 34 |
| Number of amendments rejected | 8 |
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What You'll Learn
- Ohio's 1802 Constitution was amended in 1851 to impose restrictions on taxation
- The 1851 constitution also required the establishment of a public school system
- The Ohio Constitution has been amended 173 times, with the most recent occurring in 2023
- Amendments can be made via a legislative, citizen-initiated, or convention-referred process
- The 1802 Constitution provided for a weak governor and judiciary
Ohio's 1802 Constitution was amended in 1851 to impose restrictions on taxation
The Ohio Constitution of 1802 was the state's first constitution, drafted as a prerequisite for statehood. Notably, the 1802 Constitution gave the legislature almost unlimited power to tax Ohioans. However, in 1851, the constitution was amended to impose significant restrictions on the legislature's taxation powers.
The 1851 amendment to the Ohio Constitution addressed specific forms of taxation, including poll taxes, property taxes, and sales taxes. Notably, poll taxes were prohibited under Section 1 of the amended constitution. The amendment process was initiated by a constitutional convention held in 1850-1851, and the proposed changes were approved by voters on June 17, 1851, coming into effect on September 1 of the same year.
The 1851 amendment also addressed other aspects of governance. For example, it required the establishment of a public school system, building on the 1802 Constitution's prohibition of laws preventing poor children from receiving an education. Additionally, the 1851 amendment eliminated the legislature's power to appoint executive branch officers and judges, although the governor's veto power was not established until 1903.
The 1851 Constitution also outlawed slavery, which remained legal under the US Constitution until the passage of the 13th Amendment in 1865. It is worth noting that the writers of the 1851 Constitution made few changes to the Northwest Ordinance, which formed the basis of Ohio's bill of rights. Since 1851, Ohio's constitution has undergone further amendments, with voters approving 34 of 42 proposed amendments in 1912, leading legal scholars to refer to a new "1912 Constitution." Overall, the Ohio Constitution has been amended 173 times as of 2023, with the most recent amendment guaranteeing access to abortion.
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The 1851 constitution also required the establishment of a public school system
The Ohio Constitution is the basic governing document of the State of Ohio, which became the 17th state to join the United States of America in 1803. Ohio has had three constitutions since statehood was granted. The first constitution was in effect from 1802 to 1851, when the second constitution was adopted. The current Ohio Constitution has been amended 173 times.
The 1851 Constitution of Ohio imposed significant restrictions on the legislature's power to tax. It prohibited poll taxes, while allowing property and sales taxes. The 1851 Constitution also outlawed slavery, although slavery remained legal under the U.S. Constitution until the passage of the 13th Amendment in 1865.
Article VI of the Ohio Constitution outlines the state's powers regarding education. Ohio has a long history of education as a public service. Even the initial 1802 Constitution prohibited laws that prevented poor children from receiving an education. Federal law at the time granted the state significant lands to sell for the benefit of schools, and the funds from these antebellum land sales are still held in trust for the state's schools.
The Ohio Constitution has been amended numerous times to address various issues, including the establishment of the Ohio Livestock Care Standards Board, the naming of Columbus as the state capital, and the regulation of gambling. The constitution has also been amended to expand the state's bill of rights, provide for voter-led initiatives and referendums, establish civil service protections, and grant the governor a line-item veto in appropriation bills.
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The Ohio Constitution has been amended 173 times, with the most recent occurring in 2023
The Ohio Constitution, the basic governing document of the State of Ohio, has been amended 173 times, with the most recent occurring in 2023. Ohio became the 17th state on 1 March 1803, and its first constitution was in effect from statehood until 1851. The state's second constitution came into effect in 1851, and there have been three constitutions in total since statehood was granted.
The original 1802 constitution, which was adopted at a state constitutional convention in Chillicothe, Ohio, in November 1802, made the legislature the most powerful branch of the state government. It provided for a "weak" governor and judiciary and vested virtually all power in a bicameral legislature, known as the General Assembly. The 1802 constitution also prohibited laws that prevented poor children from receiving an education, and it gave the legislature almost unlimited leeway in terms of taxing Ohioans.
The 1851 constitution imposed significant restrictions on the legislature's taxation powers and outlawed slavery, although it remained legal under the U.S. Constitution until the passage of the 13th Amendment in 1865. It also required the establishment of a public school system and included the right of conscience and education, the right to alter, reform, or abolish the government, and a prohibition of imprisonment for debt.
Over time, the Ohio Constitution has been amended numerous times to reflect changing societal needs and values. For example, in 2011, voters passed an amendment prohibiting residents from being required to purchase health insurance. The most recent amendment, approved by voters on 7 November 2023, guaranteed access to abortion in the wake of Dobbs v. Jackson Women's Health Organization.
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Amendments can be made via a legislative, citizen-initiated, or convention-referred process
The Ohio Constitution of 1802 has been amended several times since its inception, with the current version bearing numerous changes from the original document. Amendments to the Ohio Constitution can be made through a legislative process, a citizen-initiated process, or a convention-referred process, all of which require voter approval.
The legislative process allows the state legislature to propose amendments, which are then put before the voters for approval. This method gives the legislature a direct role in shaping the constitution. On the other hand, the citizen-initiated process empowers the citizens of Ohio to propose amendments directly. This process is triggered when a certain number of registered voters submit a petition for an amendment. The specific requirements for this process include gathering signatures from at least 10% of the voters who participated in the last gubernatorial election, with signatures collected from at least 44 of Ohio's 88 counties. This ensures that the proposed amendment has a broad base of support across the state.
The convention-referred process involves a constitutional convention, where delegates are assembled to propose amendments. This method was used to adopt the original 1802 Constitution, with 119 delegates from various political affiliations coming together to shape the document. In more recent times, Ohio has held three additional state constitutional conventions after the initial one in 1802: in 1850-1851, 1873-1874, and 1912. These conventions provided a platform for delegates to discuss and propose amendments, which were then presented to the voters for final approval.
The Ohio Constitution has been amended 173 times as of 2023, with voters playing a crucial role in approving these changes. One notable amendment was made in 1851, when the constitution was revised to outlaw slavery, even though it remained legal under the US Constitution until the passage of the 13th Amendment in 1865. Another significant amendment was passed in 2011, when voters approved a measure prohibiting residents from being compelled to purchase health insurance, in direct response to the Affordable Care Act's individual mandate. More recently, in 2023, Ohioans approved an amendment to safeguard access to abortion following the Dobbs v. Jackson Women's Health Organization decision, demonstrating the ongoing evolution of the state's constitution to reflect the values and needs of its citizens.
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The 1802 Constitution provided for a weak governor and judiciary
The Ohio Constitution of 1802 was the state's first constitution. It was established after Ohio became the 17th state to join the United States of America in 1803. The 1802 Constitution provided for a weak governor and judiciary, largely due to the perception that territorial governor Arthur St. Clair had ruled in a heavy-handed manner.
The 1802 Constitution established three branches of government, with the legislative branch, known as the General Assembly, being composed of a House of Representatives and a Senate. The General Assembly was the most powerful branch of the state government, with the governor lacking substantial power and having no veto authority. The General Assembly appointed judges and all state offices, except the governor. The constitution also gave the legislature nearly unlimited leeway in terms of taxing Ohioans.
The writers of the 1802 Constitution borrowed heavily from the Northwest Ordinance, which had established a territorial government and provided for freedom of worship, the right of habeas corpus, trial by jury, and the right to make bail except for capital offenses. The 1802 Constitution also included provisions for education, prohibiting laws that prevented poor children from receiving an education.
Over time, there have been several amendments to the Ohio Constitution, with the current constitution being amended 173 times. The 1851 constitution, for example, imposed significant restrictions on the legislature's taxing powers and eliminated its appointment powers. The 1912 amendments further refined the governor's veto power and gave legislators the authority to pass labour laws.
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Frequently asked questions
The Ohio Constitution of 1802 was amended 173 times.
The Ohio Constitution can be amended with a legislative, citizen-initiated, or convention-referred constitutional amendment, all of which require voter approval.
The Ohio Constitution contains several rights not found in the U.S. Constitution. For example, the 1851 constitution outlawed slavery, and in 2011, voters passed an amendment prohibiting residents from being required to purchase health insurance.
