The 1851 Ohio Constitution: Issues Addressed And Amendments

The Ohio Constitution of 1851 addressed several issues with the 1803 constitution. It expanded the governor's power, creating the position of lieutenant governor, and imposing substantive and procedural restrictions on the General Assembly. It also gave voters the power to elect officials, such as the auditor, secretary of state, treasurer, attorney general, Ohio Supreme Court justices, and common pleas judges. The 1851 Constitution also provided for future amendments, with a provision that automatically put a convention call on the ballot every 20 years. Two key issues debated at the convention were African American suffrage and prohibition of alcohol, with the former being rejected by delegates.

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African American suffrage

The Ohio Constitution of 1851 was drafted in 1850-51 and adopted in a statewide referendum on June 17, 1851, taking effect on September 1 of that year. This document, which is still in force today, addressed several issues, including African American suffrage.

The 1851 Constitution did not expand suffrage and voting rights remained limited to white male citizens. However, it did provide voters with more options for amending the constitution in the future. A notable provision was the introduction of an automatic convention call on the ballot every twenty years, allowing each generation to revisit and potentially amend the constitution.

The fight for African American suffrage continued in the following decades, with referendums supporting Black male suffrage failing in Ohio and other Northern and Western states in the 1860s. It was only in 1870, with the ratification of the Fifteenth Amendment to the U.S. Constitution, that African American men were granted the right to vote nationwide. This amendment stipulated that citizens' right to vote could not be restricted based on "race, color, or previous condition of servitude."

While the 1851 Ohio Constitution maintained restrictions on African American suffrage, it is important to note that it has since been amended numerous times, including significant amendments in 1912 that expanded the state's bill of rights and provided for voter-led initiatives and referendums. Despite these amendments, the explicit exclusion of the word "white" from the definition of voter eligibility in the 1851 Constitution was not changed until 1923, even though African Americans could vote in state and federal elections in Ohio due to the Fifteenth Amendment.

Prohibition of alcohol

The 1851 version of the Ohio Constitution did not prohibit the sale of alcohol. However, the issue of prohibition was debated during the convention that drafted the constitution. The delegates did not decide on prohibition, but instead asked Ohio voters if they wished to permit the licensing of alcohol sales, which was rejected.

The prohibition of alcohol would later be established in the United States by the Eighteenth Amendment to the Constitution, proposed by Congress on December 18, 1917, and ratified on January 16, 1919. The Eighteenth Amendment was the result of decades of efforts by the temperance movement, which argued that banning the sale of alcohol would improve societal issues and reduce poverty. The amendment made the production, transport, and sale of intoxicating liquors illegal, but it did not outlaw the consumption of alcohol.

The Eighteenth Amendment was enforced by the Volstead Act, passed shortly after ratification. However, the act was largely unsuccessful, as it was unable to prevent the mass distribution of alcoholic beverages and inadvertently led to a significant increase in organized crime. The amendment was eventually repealed by the Twenty-first Amendment on December 5, 1933, marking the only time in American history that a constitutional amendment has been repealed.

While the Eighteenth Amendment prohibited the sale of alcohol nationwide, several states had already enacted prohibition laws prior to its ratification. By 1916, 23 out of 48 states had passed laws against saloons, with some even banning the manufacture of alcohol. The movement towards prohibition was driven by groups such as the Anti-Saloon League and the Woman's Christian Temperance Union, as well as churches, which gained widespread support.

Voter rights and eligibility

The 1851 Ohio Constitution is still in effect today, though it has been amended 169 times since its creation. It is the sixth oldest in the nation and the second oldest outside New England. The constitution was drafted in response to a perceived corruption in the legislature, which had led to exploding state debt between 1825 and 1840. The 1851 constitution addressed several concerns about the 1803 version, including expanding the governor's power and creating the position of lieutenant governor. It also imposed substantive and procedural restrictions on the General Assembly, such as limiting its ability to incur debt and prohibiting the creation of new counties without the residents' consent.

The 1851 constitution did not expand suffrage, which was still limited to white male citizens. However, it did give those voters more options for amending the constitution in the future. A new provision was introduced that automatically put a convention call on the ballot every twenty years, so each generation had a chance to revisit the constitution. The General Assembly could propose constitutional amendments to voters by a three-fifths majority, and all amendments proposed by future constitutional conventions were required to go to the voters for approval. The proposed constitution was approved by voters on June 17, 1851, and became effective on September 1 of that year.

The 1851 constitution also provided that the voters would elect judges, and it placed procedural and substantive limitations on how the General Assembly operated. For example, it required the General Assembly to legislate through general, not special, laws, and it required that all bills be read three times before adoption. It also gave voters the power to elect the auditor, secretary of state, treasurer, attorney general, Ohio Supreme Court justices, and common pleas judges—all of whom had been previously appointed by the legislature.

In 1912, despite strong conservative opposition, voters adopted 34 of the 42 proposed amendments to the 1851 Constitution. This was a sweeping change, leading most legal scholars to consider it a new "1912 Constitution". Among the eight losing proposed amendments were female suffrage, the use of voting machines, the regulation of outdoor advertising, and the abolition of the death penalty. Voters also rejected a proposal to strike the word "white" from the 1851 Constitution's definition of voter eligibility. Although Black people could vote in all state and federal elections in Ohio due to the Fifteenth Amendment, the text of the State Constitution was not changed until 1923.

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Powers of the governor and lieutenant governor

The 1851 version of the Ohio Constitution addressed several issues, including the powers of the governor and lieutenant governor. The document, which is 31 pages long, has been amended 169 times since its creation but still governs the state today.

The 1851 Constitution expanded the governor's power, although it did not give them veto power. It also created the position of lieutenant governor. This marked a shift from the previous version of the constitution, which granted the General Assembly most of the power. The 1851 version imposed substantive and procedural restrictions on the General Assembly, limiting its ability to incur debt and prohibiting the creation of new counties without the residents' consent.

The governor's expanded powers included the ability to appoint certain officials, such as the auditor, secretary of state, treasurer, and attorney general. The constitution also gave the governor the power to appoint the Ohio Supreme Court justices and common pleas judges, who had previously been appointed by the legislature.

While the 1851 Constitution expanded the governor's powers, it did not grant them absolute authority. The document maintained a system of checks and balances, ensuring that the governor's power was balanced by the legislative and judicial branches of government.

The 1851 Constitution also addressed the issue of suffrage, but it did not expand voting rights. Voting remained limited to white male citizens, and proposals to allow Black suffrage were rejected. However, the constitution did give voters more options for amending the document in the future, including a provision for a constitutional convention to be held every twenty years.

Rights and limitations of the General Assembly

The 1851 Ohio Constitution, which is still in effect today, imposed several limitations on the General Assembly. Firstly, it restricted the legislature's ability to incur debt and prohibited the creation of new counties without the consent of the residents. It also placed procedural and substantive restrictions on the General Assembly, limiting its power. The constitution transferred power from the General Assembly to the people, allowing voters to elect judges and other officials, such as the auditor, secretary of state, treasurer, and attorney general, who were previously appointed by the legislature.

Additionally, the 1851 Constitution provided voters with more options for amending the constitution in the future. It introduced a provision for automatically placing a convention call on the ballot every twenty years, allowing each generation to review the constitution. The General Assembly could propose constitutional amendments to the voters with a three-fifths majority, and all amendments from future constitutional conventions required voter approval. This opened up the amendment process and gave more power to the people of Ohio.

The 1851 Constitution also included rights and protections for the people of Ohio. It outlawed slavery, aligned with the U.S. Constitution in guaranteeing the right to assemble, the right to bear arms, and protections against cruel and unusual punishment. The Ohio Supreme Court has affirmed the independent force of the Ohio Constitution, allowing Ohio courts to grant greater rights than those provided under federal law.

While the 1851 Constitution addressed several issues and introduced important changes, it did not expand suffrage. Voting rights remained limited to white male citizens, and proposals for female suffrage were rejected in subsequent constitutional conventions. The 1851 Constitution also did not resolve the issue of alcohol prohibition, leaving the decision to Ohio voters, who rejected the licensing of alcohol sales.

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