Isabella Carter
The Ohio Constitution has undergone several revisions since the state joined the union in 1803. One of the most notable features of the Ohio Constitution is its preamble, which expresses gratitude to Almighty God for the state's freedom and emphasises the role of government in promoting the common welfare of its citizens. Another unique aspect is the provision for a weak governor and judiciary, with most power vested in the bicameral legislature, known as the General Assembly. The constitution has also been amended to include a citizen-initiated ballot measure process, allowing citizens to propose and amend the constitution. Additionally, the Ohio Constitution has addressed progressive measures such as fixing hours of labour, establishing a minimum wage, and creating a workers' compensation system.
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![Constitution of the State of Ohio ... 1851 as Amended Oct. 9, 1883 and Oct. 13, 1885, with Proposed Amendments. 1889 [Leather Bound]](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
What You'll Learn
Citizens can initiate constitutional amendments
The Ohio Constitution is unique in that it is one of only 17 U.S. states where citizens can initiate constitutional amendments. This process, known as an amendment campaign, requires a minimum number of signatures from all 88 of Ohio's counties. This makes Ohio the only state with county-based rules to mandate signatures from every county.
Ohio citizens have two ways to directly propose laws: through a constitutional amendment or an initiated statute. Both require a 50% majority in a statewide vote to pass. However, constitutional amendments are harder to undo, as any changes would require another statewide vote. On the other hand, state lawmakers can modify or repeal an initiated statute without consulting voters.
Since 1914, Ohio voters have approved 19 out of 71 citizen-initiated constitutional amendments, compared to 106 out of 157 amendments proposed by state lawmakers. This suggests that citizen-initiated amendments are less likely to be approved than those proposed by lawmakers.
To ensure the success of their campaigns, citizen groups have favoured constitutional amendments since they are more challenging to change. For instance, in 2023, backers of an abortion-rights amendment gathered signatures to submit to the state. This campaign aimed to foil an expected abortion-rights amendment by Republican lawmakers.
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The constitution has a religious preamble
The Ohio Constitution has a religious preamble, which is unique among state constitutions in the United States. The preamble reads: "We, the people of the State of Ohio, grateful to Almighty God for our freedom, to secure its blessings and promote our common welfare, do establish this Constitution." This expression of gratitude to God for freedom and the blessing of liberty is a distinctive feature of Ohio's founding document.
The preamble sets the tone for the entire constitution and reflects the values and beliefs of the people of Ohio at the time of its drafting. It acknowledges the role of a higher power in granting freedom and establishing the state's constitution. This religious element is a significant departure from other state constitutions, which typically have more secular language in their preambles or introductions.
The religious preamble of the Ohio Constitution highlights the importance of religious faith and gratitude in the state's founding principles. It recognises a divine power as the ultimate source of freedom and the basis for securing a prosperous future. This acknowledgment of a higher power is a powerful statement of the values held by the people of Ohio during the constitution's creation.
The religious tone of the preamble is also reflected in the subsequent sections of the constitution. For example, Section 1 affirms the natural rights of all men to "life, liberty, and the pursuit of happiness," echoing the language of the US Declaration of Independence. It also asserts that all people possess certain "inalienable rights," including the right to acquire and protect property and seek safety.
The combination of religious sentiment and the assertion of natural rights in the Ohio Constitution creates a unique blend of spiritual and secular ideals. This blend reflects the complex interplay between religious beliefs and Enlightenment-era political philosophy that influenced the development of constitutional thought in the United States.
The religious preamble of the Ohio Constitution stands as a testament to the state's historical context and the values its founders sought to enshrine. It serves as a reminder of the role of religion in shaping constitutional frameworks and the diverse influences that contribute to the creation of governing documents. The preamble's acknowledgment of Almighty God adds a distinctive element to Ohio's constitution, setting it apart from other state constitutions in the nation.
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The House of Representatives has the power of impeachment
The Ohio Constitution, established by the people of the State of Ohio, outlines the rules and regulations that govern the state. One unique aspect of the Ohio Constitution is that it grants the House of Representatives the sole power of impeachment.
Section 3 of the Ohio Constitution states that "The House of Representatives shall have the sole power of impeachment, but a majority of the members elected must concur therein." This means that the House of Representatives is the only body with the authority to initiate impeachment proceedings against public officials in Ohio. However, for an impeachment to be valid, a majority of the members of the House must agree to it.
The House of Representatives plays a crucial role in the impeachment process. Any citizen of Ohio can file a complaint with the House, requesting an investigation into the official conduct of a public official. The complainant can gather evidence and testimony from witnesses to support their case. The House of Representatives then examines the evidence and determines whether there are grounds for impeachment.
If the House of Representatives finds sufficient evidence for impeachment, it can vote to impeach the official. However, it is important to note that the House of Representatives does not have the power to remove the official from office. The impeachment process in Ohio consists of two stages: the House of Representatives impeaches the official, and then the Senate tries the impeachment.
The Senate is responsible for conducting a trial and determining whether the impeached official should be convicted. During the trial, Senators are required to take an oath or affirmation to administer justice according to the law and evidence presented. For a conviction, at least two-thirds of the Senators must concur. If convicted, the official is removed from office and may be disqualified from holding any other office under the authority of the State.
The Ohio Constitution also outlines the rules and procedures that govern the House of Representatives. For example, it states that the proceedings of the House shall be public unless secrecy is deemed necessary by a two-thirds majority. Additionally, it grants the Rules and Reference Committee of the House the power to arrange the daily calendar and set the schedule for sessions. It also outlines rules regarding the use of personal electronic devices on the floor of the House, the removal of a Representative's name from a bill or resolution, and the appointment of Senators and Representatives to civil offices. Furthermore, the Ohio Constitution establishes the Legislative Ethics Committee to serve the General Assembly, with members from both major political parties. It also provides for the security of members of the House of Representatives and other legislative employees.
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The General Assembly holds all political power
The Ohio General Assembly is the state legislature of Ohio, consisting of the 99-member Ohio House of Representatives and the 33-member Ohio Senate. The General Assembly first convened in Chillicothe, then the Ohio capital, on March 1, 1803. The House of Representatives has the sole power of impeachment, and impeachments are tried by the Senate. The General Assembly holds all political power in the state, and the people have the right to alter, reform, or abolish the government whenever they deem it necessary.
The Ohio Constitution provides three mechanisms for amending the state's constitution: a citizen-initiated process, a legislative process, and a state constitutional convention. Citizens have the power to initiate constitutional amendments through a ballot measure, with 18 states allowing for this process. Ohio requires a number of signatures for an initiated constitutional amendment, equalling 10% of the votes cast in the last gubernatorial election, as well as 1,000 signatures with the initial petition application. A simple majority vote (50% plus 1) is required for voters to approve constitutional amendments.
The General Assembly determines the terms of office and compensation for all officers in cases not provided for in the Constitution. They also determine the authority and manner of trial for contested elections. The Assembly's acts are subject to the governor's veto power, which can be overridden by a two-thirds vote of both houses. The General Assembly is also responsible for filling vacant seats in the Ohio House and Senate. Replacements are first elected by members of the relevant chamber who are affiliated with the departing member's party. In the House, the replacement serves for the remainder of the term, while in the Senate, the replacement serves for the remainder only if the vacancy occurred after the first 20 months of the term; otherwise, a special election is held.
The second constitution of Ohio, effective in 1851, took away the General Assembly's power to choose the state's executive officers, granting that right to the voters. This constitution introduced a complicated formula for apportionment, known as the "major fraction rule," which guaranteed each county at least one representative. However, in 1964, reapportionment was ordered to achieve proportional representation based on population, and the number of seats in the two chambers was fixed at their current numbers of 33 and 99.
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The constitution has been amended 170 times
The Ohio Constitution has been amended 170 times. The original 1851 constitution contained 16 articles and 169 sections, and the present document has 19 articles and 225 sections. Most amendments occurred after 1912, when the requirements for passing amendments were loosened.
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 1802 convention adopted what became known as the 1802 Constitution, which provided for a "'weak' governor and judiciary" and vested power in a bicameral legislature, the General Assembly. The 1851 Constitution made few changes to this arrangement.
The 1912 convention proposed 42 constitutional amendments, of which voters approved 34 and rejected 8. These amendments included the creation of the citizen-initiated ballot measure process, empowering the legislature to fix the hours of labor, establish a minimum wage, and institute a workers' compensation system. Voters rejected proposals for female suffrage, the use of voting machines, the regulation of outdoor advertising, and the abolition of the death penalty.
Ohio's constitution also allows citizens to initiate constitutional amendments. Eighteen states allow this, but Ohio is unique in requiring signatures from at least 44 of its 88 counties, with a minimum number of signatures from each county. This makes it more challenging to get an amendment on the ballot, as support must be distributed across the state rather than concentrated in a few areas.
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Frequently asked questions
The Ohio Constitution has been through several revisions and amendments since the state joined the union in 1803. One unique aspect is that it provides for a "weak" governor and judiciary, with most power vested in a bicameral legislature called the General Assembly.
Citizens of Ohio have the power to initiate constitutional amendments. Eighteen states allow this, but Ohio is unique in requiring signatures from 44 out of its 88 counties, with a minimum of half the total required percentage of gubernatorial votes from each.
In 1912, voters adopted 34 of 42 proposed amendments, including empowering the legislature to fix the hours of labor, establish a minimum wage, and create a workers' compensation system.
