The Ohio Constitution: 1851 Amendments And Their Impact

what happened to the ohio constitution in 1851

In 1851, Ohio adopted a new constitution, replacing the one that had been in place since the state's inception in 1803. The 1851 constitution was drafted in response to widespread concerns about excessive taxation, mounting state debt, gerrymandering, and political favouritism. It expanded the governor's powers and gave voters more options for amending the constitution in the future. The document has been amended numerous times since its creation, but it still forms the basis of Ohio's governance today.

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The 1851 constitution was Ohio's second

Ohio's first constitution was drafted in 1802 as a prerequisite for statehood. The second constitution was adopted in 1851, and it is remarkable how long-lived this document is, as it is still governing the state today, albeit with numerous amendments. The 1851 constitution was approved by voters on June 17, 1851, and became effective on September 1 of the same year. It was drafted in response to concerns about excessive taxation, mounting state debt, gerrymandering, and widespread political favoritism in granting corporate charters. The 1851 constitution expanded the governor's power and introduced a provision that automatically put a convention call on the ballot every twenty years. It also gave voters more options for amending the constitution in the future.

The 1851 constitution made few changes to Ohio's bill of rights, which had been in place since the passage of the Northwest Ordinance. It did, however, outlaw slavery, which remained legal under the US Constitution. The Ohio Supreme Court holds that "the Ohio Constitution is a document of independent force," meaning Ohio courts can grant Ohioans greater rights than those afforded under federal law.

The 1851 constitution also changed the selection process for judges and justices. Under the new constitution, judges were to be elected by the people they serve, rather than appointed by the General Assembly, as was the case previously. The 1851 constitution also added the offices of Lt. Governor, Auditor, Treasurer, and Attorney General to the Executive branch, and these positions were to be elected rather than appointed.

The 1851 constitution has been amended numerous times since its creation. By 2018, it had been amended 170 times, and as of 2023, it has been amended 173 times. The constitution has been amended to include various progressive measures, such as empowering the legislature to fix the hours of labor, establish a minimum wage, and create a workers' compensation system. The 1851 constitution is long-lived, and only six states have constitutions that are older.

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It was adopted on 17 June 1851

The Ohio Constitution of 1851 was approved by voters on June 17, 1851, and came into effect on September 1 of the same year. This was the state's second constitution, replacing the first constitution that had been in place since Ohio became the 17th state on March 1, 1803.

The 1851 Constitution was drafted in response to widespread dissatisfaction with the state government. Concerns included excessive taxation, mounting state debt, gerrymandering, and political favoritism in granting corporate charters. In 1849, calls for a constitutional convention gained momentum, and voters approved the measure. The convention was held between 1850 and 1851, with delegates meeting in Columbus and Cincinnati.

The 1851 Constitution addressed several issues with the 1803 version. It expanded the governor's powers, although it did not grant the governor a veto. It also introduced a provision that automatically put a call for a constitutional convention on the ballot every twenty years, allowing each generation to revisit the constitution. Additionally, it gave voters more options for amending the constitution.

The 1851 Constitution has been long-lasting, despite numerous amendments. It has been amended 169–173 times since its creation, with most amendments occurring after 1912 when requirements for passing amendments were loosened. The constitution has governed the state for over a century and a half, and Ohio is one of only six states with older constitutions.

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It took effect on 1 September 1851

The Ohio Constitution of 1851 came into effect on 1 September 1851. This was the second constitution of the state, which became effective after the first constitution from 1803. The 1851 Constitution was drafted in 1850-51 and subsequently adopted in a statewide referendum on 17 June 1851. The constitution was approved by voters and addressed several concerns about the 1803 version.

The 1851 Constitution has been amended numerous times since its creation. As of 2018, it had been amended 170 times, and as of 2023, it has been amended 173 times. Despite these numerous amendments, the document still governs the state today. The constitution did not expand suffrage, but it did give voters more options for amending the constitution in the future. For example, it introduced a provision that automatically put a convention call on the ballot every twenty years, allowing each generation to revisit the constitution.

The 1851 Constitution made few changes to the bill of rights, which had been in place since the Northwest Ordinance. However, it did outlaw slavery, which remained legal under the US Constitution at the time. The Ohio Constitution of 1851 also added several new positions to the executive branch, including the offices of Lt. Governor, Auditor, Treasurer, and Attorney General, which were all elected positions.

The constitution also addressed concerns about excessive taxation, mounting state debt, gerrymandering, and political favoritism in granting corporate charters. It expanded the governor's power and addressed issues with the 1803 constitution's limited appointment power and lack of veto ability. The 1851 Constitution also established district courts and courts of probate, and it required judges to be elected by the people they serve rather than appointed by the General Assembly.

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It has been amended 169-173 times

The Ohio Constitution of 1851 has been amended between 169 and 173 times. The exact number depends on the source and the date of publication. One source, citing 2018 data, mentions 170 amendments. Another source, from 2025, mentions 169 amendments. The most recent source, from November 2023, mentions 173 amendments.

The Ohio Constitution has been amended more times than any other state constitution in the country. The first constitution of Ohio was drafted in 1802, and it remained in effect until 1851, when the second constitution was adopted. The 1851 constitution was drafted in response to widespread dissatisfaction with the state government, including concerns about excessive taxation, mounting state debt, gerrymandering, and political favoritism. The new constitution addressed several of these issues and expanded the governor's powers.

The 1851 constitution also introduced a provision that automatically put a convention call on the ballot every twenty years, allowing each generation to revisit and amend the constitution. This provision was first invoked in 1873, when a revised constitution was proposed but rejected by voters. The 1851 constitution was also amended significantly in 1912, with 34 of 42 proposed amendments being approved by voters. These amendments expanded the state's bill of rights, provided for voter-led initiatives and referendums, established civil service protections, and granted the governor a line-item veto in appropriation acts.

The 1912 amendments were so substantial that many legal scholars refer to the resulting constitution as the "1912 Constitution". Despite these numerous amendments, the core framework of the 1851 constitution remains in effect in Ohio today, making it remarkably long-lived.

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It did not expand suffrage

The Ohio Constitution of 1851 did not expand suffrage. Voting rights were still limited to white male citizens, and African Americans were not granted the right to vote. This was a key issue debated at the convention, but delegates rejected proposals to allow Black suffrage in the state. The text of the State Constitution was not changed to remove the word "white" from the definition of voter eligibility until 1923.

The 1851 Constitution was drafted in response to concerns about excessive taxation, mounting state debt, gerrymandering, and political favoritism in the granting of corporate charters. While it addressed these issues and expanded the governor's power, it did not expand voting rights. The constitution was approved by voters on June 17, 1851, and took effect on September 1 of that year.

The 1851 Constitution has been long-lasting, governing the state of Ohio for over a century and a half. However, it has undergone numerous amendments, with 169 to 173 amendments made since its creation. Despite these changes, the core document remains in place, and only six states have older constitutions.

The persistence of restrictions on suffrage in the 1851 Constitution stood in contrast to the progressive amendments introduced in 1912. These amendments included expanding the state's bill of rights, providing for voter-led initiatives and referendums, and granting the governor a line-item veto. Notably, female suffrage was among the proposed amendments in 1912, but it was rejected by voters, along with the use of voting machines and the abolition of the death penalty.

While the 1851 Constitution did not directly expand suffrage, it did give voters more options for amending the constitution in the future. It introduced a provision that automatically placed a convention call on the ballot every twenty years, allowing each generation to revisit the constitution. This mechanism enabled subsequent efforts to expand suffrage and make other significant changes to the state's governance.

Frequently asked questions

The Ohio Constitution is a 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.

The current Ohio Constitution was adopted in 1851. The constitution was drafted in 1850-51 and approved by voters on June 17, 1851, taking effect on September 1 of that year.

The 1851 Constitution addressed concerns about the 1803 version, including excessive taxation, mounting state debt, gerrymandering, and political favoritism. It expanded the governor's power and introduced a provision automatically putting a convention call on the ballot every twenty years.

The 1851 Ohio Constitution has been amended 169 to 173 times since its creation.

After 1851, two additional constitutional conventions were held in 1873-1874 and 1912. In 1912, 34 of 42 proposed amendments were approved, including expanding the state's bill of rights, providing for voter-led initiatives, and granting the governor a line-item veto.

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