Eleanor Finch
The Ohio Constitution is the state constitution of Ohio and has been amended 173 times since its adoption in 1851. The constitution has 19 articles, with Article I, also known as the Bill of Rights, consisting of 21 sections. The Ohio Constitution outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. While many of the rights within the Ohio Constitution align with the U.S. Constitution, such as the right to assemble and the right to bear arms, the Ohio Constitution also contains unique rights, such as the right to alter or abolish the government.
| Characteristics | Values |
|---|---|
| Number of state constitutions | 2 |
| Year of the current constitution | 1851 |
| Number of articles | 19 |
| Number of amendments | 173 |
| Number of state constitutional conventions | 4 |
| Number of delegates at the fourth convention | 119 |
| Number of constitutional amendments proposed at the fourth convention | 42 |
| Number of approved amendments | 34 |
| Number of rejected amendments | 8 |
| Number of signatures required for an initiated constitutional amendment | 10% of votes cast in the last gubernatorial election |
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What You'll Learn
History of the Ohio Constitution
The Ohio Constitution is the state constitution of Ohio. Ohio has had three constitutions since it became a state in 1803. The first constitution was adopted in 1802, and the second in 1851. The current constitution has been amended 173 times and is considered a new "1912 Constitution" due to sweeping changes made that year.
The Ohio territory's population grew steadily in the 1790s and early 19th century. Congress passed an enabling bill to establish a new state, which President Thomas Jefferson signed into law on April 30, 1802. A state constitutional convention was held in November 1802 in Chillicothe, Ohio, which adopted what became known as the 1802 Constitution. This constitution provided for a "weak" governor and judiciary, vesting most power in a bicameral legislature known as the General Assembly. This was due to the perception that Territorial Governor Arthur St. Clair had ruled heavy-handedly.
The 1851 Constitution is notable for outlawing slavery, which remained legal under the U.S. Constitution until the passage of the 13th Amendment in 1865. This constitution also required the establishment of a public school system and included the right to assemble, the right to bear arms, and protections against cruel and unusual punishment.
In 1873, a constitutional convention chaired by future Chief Justice of the United States Morrison R. Waite proposed a new constitution that would have provided for annual sessions of the legislature, a veto for the governor, the establishment of state circuit courts, eligibility of women for election to school boards, and restrictions on municipal debt. However, this proposed constitution was soundly defeated by voters.
In 1912, the fourth state constitutional convention was held in Columbus, Ohio. Rather than proposing a new constitution, delegates proposed 42 constitutional amendments, of which 34 were approved by voters. One of these amendments created the citizen-initiated ballot measure process in Ohio.
Since 1912, the Ohio Constitution has continued to be amended numerous times. In 1968, an amendment repealed a provision that prohibited the Supreme Court from striking down laws as unconstitutional unless six out of seven justices agreed. In 1969, the General Assembly established the Ohio Constitutional Revision Commission, which made a number of recommendations for amendments to the constitution. The legislature submitted 60 amendments to the people, many of which were passed. The most recent amendment was approved by voters on November 7, 2023.
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Ohio Constitution vs US Constitution
The Ohio Constitution and the US Constitution share similarities and differences in their historical development, content, and impact on the state and country, respectively. Both constitutions have evolved over time, reflecting changing societal values and priorities.
The original Ohio Constitution of 1802 did not provide voters with any authority over constitutional amendments, and the governor had no veto power over the legislature, which resulted in lawmakers holding significant power. However, in 1851, the constitution was rewritten, granting voters the power to hold the legislature accountable. The 1912 Ohio Constitutional Convention further expanded voter power by introducing citizen-led initiatives and referendums, aligning with the state's long history of utilising commissions for apportioning state legislative districts.
The Ohio Constitution contains certain rights that mirror those in the US Constitution, such as the right to assemble, the right to bear arms, and protections against cruel and unusual punishment. However, the Ohio Supreme Court asserts the independence of the state constitution, empowering Ohio courts to grant Ohioans greater rights than those provided under federal law. For instance, the 1851 Ohio Constitution outlawed slavery, preceding the abolition of slavery under the US Constitution in 1865. Additionally, in 2011, Ohio voters passed an amendment prohibiting residents from being mandated to purchase health insurance, directly targeting the Affordable Care Act's individual mandate.
The process of amending the two constitutions also differs significantly. While amendments to the US Constitution require the support of two-thirds of lawmakers in Congress and three-fourths of state legislatures, amendments to the Ohio Constitution are decided by a majority vote of Ohio voters. This distinction highlights the differing levels of power vested in the people by each constitution.
In conclusion, the Ohio Constitution and the US Constitution share some similarities in their content but differ in their historical context, amendment processes, and the extent of rights granted to citizens. The Ohio Constitution has played a crucial role in shaping the state's history and governance, often empowering voters and providing them with greater rights and protections. Understanding the differences between the two constitutions is essential to grasp the unique legal and political landscape of Ohio.
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Amending the Ohio Constitution
The Ohio Constitution outlines a procedure for citizens to propose amendments when they identify issues that are not adequately addressed. This process empowers individuals to drive change and adapt the constitution to evolving needs and values. To initiate a citizen-led amendment, several requirements must be met. Firstly, signatures must be collected from a significant portion of Ohio's 88 counties. Specifically, each of the 44 counties must provide signatures equivalent to at least 5% of the total votes cast for the governor's office in the previous gubernatorial election. This ensures that the proposal has a substantial base of support across a diverse range of counties. Secondly, the proposal must secure a simple majority (50% +1) of state voters' approval to pass the amendment. This step involves placing the initiative on the ballot for a statewide vote, allowing every citizen to have a say in the amendment process.
The history of amending the Ohio Constitution reveals a dynamic process with varying levels of support for different proposals. In 1912, Ohio voters approved an amendment targeting nepotism and cronyism with a significant majority of 59.9%. This amendment, Article XV, Section 10, mandated that appointments and promotions in the state's civil service be based on merit and fitness, determined through competitive examinations. On the other hand, some amendments have faced rejection. For instance, in the same year, voters rejected proposals for female suffrage, the use of voting machines, regulating outdoor advertising, and abolishing the death penalty.
The Ohio General Assembly also plays a pivotal role in the amendment process. In 1969, the Assembly established the Ohio Constitutional Revision Commission, tasked with recommending amendments to the General Assembly. This commission's work led to the submission of sixty amendments to the people, many of which were passed. More recently, the Assembly proposed a two-pronged approach to amending the constitution: first, enabling an August Special Election through Senate Bill 92, and second, seeking voter approval for Senate Joint Resolution 2 (SJR 2). SJR 2, if approved, would increase the threshold for amending the constitution, requiring 60% voter support instead of a simple majority.
While the process of amending the Ohio Constitution is designed to be accessible to citizens, it also has certain limitations and challenges. For example, the requirement to obtain signatures from a large number of counties can be difficult to navigate, and the "cure period" for collecting additional signatures has been a point of contention. Additionally, political expediency and ideological differences can influence the amendment process, as illustrated by the debate surrounding "Issue 1" and its potential impact on abortion rights.
In conclusion, amending the Ohio Constitution involves a collaborative effort between citizens and the state legislature. The process empowers citizens to propose and vote on amendments, ensuring that the constitution remains responsive to the needs and values of Ohioans. While the process has its complexities and political influences, it provides a framework for direct democratic participation in shaping the state's fundamental laws.
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The Ohio Constitution's Bill of Rights
The Ohio Constitution, established in 1803, is a document outlining the rights and freedoms of the people of Ohio. While it shares similarities with the U.S. Constitution, the Ohio Supreme Court maintains that the state constitution is a document of independent force, allowing Ohio courts to grant its citizens greater rights than those afforded by federal law.
One notable distinction is that the 1851 Ohio Constitution outlawed slavery, while it remained legal under the U.S. Constitution until the passage of the 13th Amendment in 1865. Additionally, in 2011, Ohio voters passed an amendment prohibiting residents from being mandated to purchase health insurance, which was a direct opposition to the Affordable Care Act's federal individual mandate.
The Ohio Constitution also contains provisions for a weak governor and judiciary, vesting power in a bicameral legislature known as the General Assembly. This assembly is responsible for submitting amendments to the constitution, many of which have been passed. For instance, in 1969, the General Assembly established the Ohio Constitutional Revision Commission, which made several recommendations for constitutional amendments.
The Bill of Rights in the Ohio Constitution includes the right to assemble (Section 3), the right to bear arms (Section 4), and protections against cruel and unusual punishment (Section 9). It also establishes the freedom and independence of all men, with certain inalienable rights such as enjoying and defending life and liberty, acquiring and protecting property, and seeking happiness and safety.
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The Ohio Constitution's Articles
The Ohio Constitution has had two state constitutions, with the current one consisting of 19 articles. The Ohio Constitution's Bill of Rights, or Article I, has 21 sections, including 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, "Legislature," has 42 sections, four of which have been repealed. Article III, "Executive," has 22 sections, two of which are repealed. Article IV, "Judicial," has 23 sections, with seven repealed. Article V, "Elective Franchise," has nine sections, two of which are repealed. Article VI, "Education," has six sections.
Article VII, "Public Institutions," consists of three sections. Article VIII, "Public Debt and Public Works," has 17 sections, one of which has been repealed. Article IX, "Militia," consists of five sections, with one repealed. Article X, "County and Township Organizations," has four sections. Article XI, "General Assembly Redistricting," has ten sections.
Many of the rights within the Ohio Constitution align with the U.S. Constitution, including the right to assemble, the right to bear arms, and protections against cruel and unusual punishment. However, the Ohio Constitution also contains several rights not found in the U.S. Constitution. For example, the 1851 constitution outlawed slavery, but slavery remained legal under the U.S. Constitution until the passage of the 13th Amendment in 1865.
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Frequently asked questions
The Ohio Constitution is a lengthy document and I cannot provide an exact word count. However, it is said to have 19 articles, with one source mentioning a total of 130 sections.
The Ohio Constitution is the state constitution of Ohio, outlining the state's framework for governance, including the powers, structure, and limitations of the state government, as well as individual and civil rights.
Ohio has had two state constitutions. The first was in effect from 1803 to 1851, and the second constitution, from 1851, remains in effect today.
The current Ohio Constitution has been amended 173 times. The most recent amendment was approved by voters on November 7, 2023.
The Ohio Constitution can be amended through legislative, citizen-initiated, or convention-referred processes. All amendments require voter approval. For a citizen-initiated amendment, 10% of signatures from the last gubernatorial election are required, with signatures from at least 44 of Ohio's 88 counties.
