The Ohio Constitution: A Historical Overview

The Constitution of the State of Ohio is the 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, with the current constitution being adopted in 1851. The Ohio Constitution contains provisions unique to the state, as well as provisions that protect individual rights and organise state and local government.

Explore related products

The Constitution of the State of Ohio

$11.95 $11.95

The Constitution of the State of Ohio: A Quick Reference Guide

$15

Constitution, By Laws and List of Members

$26.95

Constitution Construction (Chester the Crab's Comics with Content Series)

$6.95

The Federalist, on the New Constitution, Written in the Year 1788, by Mr. Hamilton, Mr. Madison, and Mr. Jay: with an Appendix, Containing the Letters ... and the Constitution of the...

$8.95 $15.75

THE OHIO CONSTITUTION DOCTRINE: Articles, Amendments, And Legal Frameworks Explained

$26

History of the Ohio Constitution

The Constitution of the State of Ohio is the basic governing document of the State of Ohio. Ohio has had three constitutions since statehood was granted in 1803. The state was created from the easternmost portion of the Northwest Territory.

The original 1802 constitution made the legislature the most powerful branch of the state government. It appointed most executive branch officers and judges, and the governor lacked substantial power and veto authority over its decisions. The 1802 constitution also prohibited laws that prevented poor children from receiving an education.

A new constitution was drafted in 1850-51, greatly redressing the checks and balances of power. This constitution eliminated the legislature's appointment powers and required the establishment of a public school system. It was adopted in a statewide referendum on June 17, 1851, and took effect on September 1 of that year. This is the same constitution under which the state of Ohio still operates today.

The 1851 constitution has been amended numerous times. Notable amendments include granting the governor veto powers in 1903, the "Modern Courts Amendment" in 1968, and an amendment in 2011 prohibiting residents from being required to purchase health insurance. The most recent amendment was passed in 2023 to guarantee access to abortion.

The Ohio Constitution vs. the US Constitution

The Constitution of the State of Ohio is the 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, with the current constitution being adopted in 1851. The Ohio Constitution contains several rights not found in the U.S. Constitution, 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.

The original 1802 constitution of Ohio made the legislature the most powerful branch of the state government, with the governor lacking substantial power and no veto power. The 1851 constitution eliminated this appointment power, although Ohio governors lacked a veto until 1903. The current Ohio Constitution has been amended 173 times, with voters approving a new amendment as recently as November 7, 2023.

In contrast, the U.S. Constitution has been amended only 27 times since its ratification in 1789. The process of amending the U.S. Constitution is much more challenging, requiring a two-thirds majority in both houses of Congress or by a constitutional convention called for by two-thirds of the state legislatures. The amendments to the U.S. Constitution are generally broader in scope, covering a wide range of topics such as civil rights, the election process, and the powers of the federal government.

While the Ohio Constitution provides for a strong legislature and a weak governor, the U.S. Constitution establishes a system of checks and balances among the three branches of government: the executive, legislative, and judicial branches. The U.S. Constitution outlines the powers and responsibilities of each branch, with the president serving as the head of the executive branch and the commander-in-chief of the armed forces.

The Ohio Constitution and the U.S. Constitution also differ in their provisions for the judicial system. The Ohio Constitution creates three tiers of courts, with the Supreme Court of Ohio at the top, followed by the Ohio District Courts of Appeals and the Ohio Courts of Common Pleas. In contrast, the U.S. Constitution establishes a federal court system, with the Supreme Court of the United States as the highest judicial authority. The U.S. Constitution also grants Congress the power to create lower federal courts as needed.

Amendments to the Ohio Constitution

The Constitution of the State of Ohio is the 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 original 1802 constitution made the legislature the most powerful branch of the state government. It appointed most executive branch officers and judges, and the governor lacked a veto over its decisions.

The 1851 constitution eliminated this appointment power, although Ohio governors lacked a veto until 1903. The 1851 constitution also outlawed slavery, although slavery remained legal under the U.S. Constitution until the passage of the 13th Amendment in 1865. The Ohio Supreme Court holds that "the Ohio Constitution is a document of independent force," and Ohio courts are free to grant Ohioans greater rights than those afforded under federal law.

The Ohio Constitution provides three mechanisms for amending the state's constitution: a citizen-initiated process, a legislative process, and a state constitutional convention. A citizen-led initiative to amend the constitution requires signatures from at least 44 of Ohio's 88 counties, with signatures from each county equal to at least 5% of the total vote cast for the governor in that county in the last gubernatorial election. The percentage of state voters who must vote "yes" to pass a constitutional amendment is currently a simple majority of 50% +1. However, there have been proposals to increase this to a 60% voter support requirement for amending the constitution.

Some notable amendments to the Ohio Constitution include the 1918 amendment that gave voters the power to review legislative ratification of amendments to the U.S. constitution, the 1968 "Modern Courts Amendment" that significantly revised the article on the state's judicial system, and the 2011 amendment prohibiting residents from being required to purchase health insurance. More recently, in 2023, Ohioans passed an amendment to guarantee access to abortion.

Explore related products

The Ohio State Constitution (Oxford Commentaries on the State Constitutions of the United States)

$172.38 $200

The Constitution Of The State Of Ohio: And The Several Amendments Submitted At The Election Held September 3, 1912, With The Proclamation Of The Governor And The Vote By Counties On Each Amendment

$21.95

Constitution of the State of Ohio ... 1851 as Amended Oct. 9, 1883 and Oct. 13, 1885, with Proposed Amendments. 1889 [Leather Bound]

$18.95

Constitution Of The State Of Ohio: Adopted On The Third Tuesday In June 1851

$26.95

Constitution of the State of Ohio: Agreed Upon in Convention May 14 1874 1874 [Leather Bound]

$8.89

Amendments to the Constitution of Ohio Submitted to the People by Constitutional Convention of Ohio, 1912 1912 Leather Bound

$15.95

The Ohio Constitution's Bill of Rights

The Ohio Constitution is the state constitution of Ohio. Ohio has had three constitutions since statehood was granted in 1803, when it became the 17th state to join the United States of America. The current Ohio Constitution was adopted in 1851 and has been amended 173 times.

• 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.
• The right to payment of damages for wrongful death.

The Ohio Constitution 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. In 2011, voters passed an amendment prohibiting residents from being required to purchase health insurance. More recently, in 2023, Ohioans passed an amendment to guarantee access to abortion.

The Ohio Constitution has 19 articles in total. Other articles include:

• Article II ("Legislature"), consisting of 42 sections, four of which have been repealed.
• Article III ("Executive"), consisting of 22 sections, two of which have been repealed.
• Article IV ("Judicial"), consisting of 23 sections, seven of which have been repealed.
• Article V ("Elective Franchise"), consisting of nine sections, two of which have been repealed.
• Article VI ("Education"), consisting of six sections.
• Article VII ("Public Institutions"), consisting of three sections.
• Article VIII ("Public Debt and Public Works"), consisting of 17 sections, one of which has been repealed.
• Article IX ("Militia"), consisting of five sections, one of which has been repealed.

The Ohio Constitution and the Ohio Supreme Court

The Ohio Constitution is the state constitution of Ohio and outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. Ohio has had three constitutions since statehood was granted in 1803, making it the 17th state to join the United States of America. The current constitution, adopted in 1851, is the second oldest outside of New England and has been amended 173 times.

The Ohio Constitution is a document of independent force, according to the Ohio Supreme Court. Ohio courts can grant Ohioans greater rights than those afforded under federal law. 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. The Ohio Constitution also contains several rights not found in the U.S. Constitution, such as the right to alter, reform, or abolish the government, rights of conscience and education, rights for victims of crime, and a prohibition of imprisonment for debt.

The original 1802 constitution made the legislature the most powerful branch of the state government, with the governor lacking substantial power. The 1851 constitution shifted power to the people, providing for the election of judges and placing limitations on the General Assembly. It also eliminated the legislature's appointment power over executive branch officers and judges, though Ohio governors lacked a veto until 1903.

The Ohio Supreme Court has played a significant role in interpreting and enforcing the Ohio Constitution. In the early 20th century, the court shed its reluctance to exercise judicial review, striking down legislation that it deemed violated private property rights or failed a test of reasonableness. In 1912, the court's decisions on social issues and employee rights were overruled by constitutional amendments, demonstrating the dynamic interplay between the judiciary and the constitution.

The Ohio Constitution continues to evolve, with voters approving amendments as recently as 2023, such as guaranteeing access to abortion in response to federal developments. The ability to amend the constitution ensures that it remains a living document, adapting to the changing social, economic, and political landscape of the state.

Frequently asked questions