Isabella Carter
Ohio has had three constitutions since it became a state in 1803. The first constitution of Ohio was adopted in 1802 and was superseded by a new constitution in 1851. This new constitution was approved by 53.46% of voters and came into effect on September 1, 1851. The 1851 constitution was later replaced by a third constitution, following a constitutional convention in 1912.
| Characteristics | Values |
|---|---|
| Name | The Constitution of the State of Ohio |
| Date of Adoption | 1st September 1851 |
| Previous Constitutions | Ohio's original constitution was adopted in 1802 |
| Author | Judge Charles Willing Byrd |
| Influences | The 1796 Constitution of Tennessee, the Constitutions of Pennsylvania and Kentucky, and the Northwest Ordinance |
| Provisions | A ban on slavery and a prohibition on African American suffrage |
| Amendments | 41 amendments were proposed in 1912, 33 were approved and 8 were rejected |
| Notable Amendments | Regulation of working conditions in factories, an eight-hour day for public works employees, mandatory workmen's compensation, municipal home rule, and direct primary elections |
| Article with Most Amendments | Article VIII (Public Debt and Public Works), with 30 amendments, 25 of which deal with state borrowing authority |
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What You'll Learn
Ohio's 1802 Constitution
Ohio's original constitution, which was adopted in 1802, was superseded by a new constitution in 1851. This was approved by 53.46% of voters in the state and came into effect on September 1, 1851. The 1851 constitution was later deemed outdated, and so in 1912, a constitutional convention was held, where delegates wrote 41 amendments to the constitution. These were submitted to Ohioans in the general election in November 1912, and 33 of the amendments were approved by voters. The approved amendments reflected Progressive reforms of the era, aiming to curb the power of corrupt state politicians.
Ohio has a long history of exercising its constitutional right through ballot initiatives. In 1978, for instance, the Ohio Ballot Language and Petition Requirements Amendment, or Amendment 1, was approved by voters. This measure required the Ohio Ballot Board to craft the language for all ballot issues and changed the requirements for initiative petitions. More recently, in 2015, voters approved the Ohio Initiated Monopolies Amendment, or Issue 2, which appeared on the ballot as a legislatively referred constitutional amendment.
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1912 Constitutional Convention
The first constitution of Ohio was adopted in 1802. However, by 1851, this was considered outdated, and a new constitution was submitted to a vote of the people of Ohio. This new constitution was approved by 53.46% of voters and came into effect on September 1, 1851.
Over 50 years later, in 1912, the Ohio Constitutional Convention was held. The convention began meeting in January 1912, and delegates wrote 41 amendments that were submitted to Ohioans in the general election in November of that year. The people of Ohio approved 33 of the amendments and rejected eight others, with a total of 57.5% of the vote going in favour of the amendments.
The approved amendments reflected the Progressive reforms of the era, which aimed to tackle the corruption and inefficiency of politics, caused by rapid industrialization, immigration, and urbanization. One of the prominent proponents of the Convention was Teddy Roosevelt, who gave a speech that included the following words:
> "I protest against any theory that would make of the constitution a means of thwarting instead of securing the absolute right of the people to rule themselves."
Other amendments granted the power to pass legislation that regulated working conditions in factories, set an eight-hour day for public works employees, and created a mandatory workmen's compensation system. Municipal home rule and direct primary elections were also approved.
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Amendments and changes
Ohio has had three constitutions since becoming a state in 1803. The first constitution of Ohio was adopted in 1802 and was superseded by a new constitution in 1851. This was believed to be outdated, and so a new constitution was approved by voters in 1912.
The 1802 constitution gave the legislature free rein in terms of taxing Ohioans. The 1851 constitution imposed significant restrictions on this. The 1851 constitution also contained an article dealing with public debt and public works, which has since been amended thirty times, with twenty-five of these amendments granting the state government more authority to borrow money.
The 1851 constitution also included an article establishing the state's militia under the governor's command. This article initially contained little detail beyond granting local governments the authority to tax. However, in 1933, a substantial revision was passed, introducing home rule to the state.
In 1912, delegates wrote 41 amendments to the constitution, of which 33 were approved by voters. These amendments reflected many Progressive reforms of the era, including granting the power to pass legislation that regulated working conditions in factories, setting an eight-hour day for public works employees, and creating a mandatory workmen's compensation system.
In the early 20th century, horse racing and bingo became de facto allowed, and in 1943, the legislature decriminalized bingo. It was not until 1975 that an amendment was passed to legalize bingo officially. In 1973, an amendment was made to the 1851 constitution to create the Ohio Lottery, and in 2009, another amendment legalized casino gambling.
In 1978, the Ohio Ballot Language and Petition Requirements Amendment, also known as Amendment 1, was approved. This required the Ohio Ballot Board to write the language for all ballot issues and changed the requirements for initiative petitions. In 2015, the Ohio Initiated Monopolies Amendment, or Issue 2, was approved by 51.33% of voters.
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Statehood and the Northwest Ordinance
The first constitution of Ohio was called the Ohio Constitution of 1802. It was superseded by a new constitution in 1851, which was then replaced by a new version in 1912.
The Northwest Ordinance, enacted on July 13, 1787, was an important piece of legislation in the history of the United States. It was officially titled "An Ordinance for the Government of the Territory of the United States North-West of the River Ohio." The ordinance created the Northwest Territory, which was the first organised incorporated territory of the new nation. It was bounded by British North America and the Great Lakes to the north, the Ohio River to the south, the Mississippi River to the west, and Pennsylvania to the east.
The Northwest Ordinance provided a path toward statehood for the territories northwest of the Ohio River, including the future states of Illinois, Indiana, Michigan, Ohio, Wisconsin, and part of Minnesota. It established a three-stage method for admitting new states to the Union. The first phase involved a congressionally appointed governor, secretary, and three judges to rule. In the second phase, when the population of the territory reached "five thousand free male inhabitants of full age," an elected assembly and one non-voting delegate to Congress would be elected. The third and final phase would be initiated when the population reached 60,000, at which point a state constitution would be drafted, and membership to the Union would be requested.
The ordinance also included a bill of rights that guaranteed religious freedom, the right to a writ of habeas corpus, the benefit of trial by jury, and other individual rights. It encouraged education and notably forbade slavery in the territory. This had the effect of establishing the Ohio River as the geographic divide between slave states and free states, setting the stage for later federal political conflicts over slavery in the 19th century until the American Civil War.
The Northwest Ordinance was considered one of the most important legislative acts of the Confederation Congress. It established the precedent of federal sovereignty and westward expansion through the admission of new states, rather than the expansion of existing states under the Articles of Confederation. The ordinance also introduced the concept of fee simple ownership, where property ownership was perpetual and included unlimited power to sell or give it away. This was a significant step towards freedom of contract in the United States.
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Judicial and legislative structure
Ohio has had three constitutions since it became a state in 1803. The first constitution of Ohio was adopted in 1802. This document was primarily authored by Judge Charles Willing Byrd, who based it on the 1796 Constitution of Tennessee, with influences from the constitutions of Pennsylvania and Kentucky. The 1802 constitution gave the legislature almost unlimited freedom in taxing Ohioans.
The 1802 constitution was superseded by a new constitution in 1851. This constitution imposed significant restrictions on the legislature's taxation powers. The 1851 constitution was, in turn, superseded by the current constitution, which was approved by voters in 1851 and came into effect on September 1, 1802.
The Ohio Constitution's Article IV, entitled "Judicial," consists of 23 sections, seven of which have been repealed. The Ohio court system is made up of a Supreme Court, Courts of Appeals, Courts of Common Pleas, and Municipal and County Courts. The Supreme Court of Ohio is the state's highest court and the court of last resort. It consists of seven justices, including a chief justice, who are elected by voters to six-year terms. The Supreme Court has original jurisdiction in limited cases and appellate jurisdiction in all other cases.
Article II, "Legislature," consists of 42 sections, four of which have been repealed. The Ohio General Assembly is the state's legislative branch, consisting of the House of Representatives and the Senate. The General Assembly is responsible for enacting laws, appropriating funds, and overseeing the executive branch. The legislative process in Ohio includes the introduction of a bill, committee consideration, floor debate and vote, and, if passed, transmission to the governor for signature or veto.
The legislative structure has evolved over time, with the General Assembly gaining more power compared to the executive and judicial branches in the early decades of statehood. This led to a disproportionate power dynamic, with much of the state business being conducted through private bills, and partisan squabbling hindering the government's ability to function effectively.
The constitution outlines the process for amending it, with two original methods: firstly, the state legislature can propose amendments by a three-fifths vote, and secondly, voters can initiate amendments through a ballot measure process.
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Frequently asked questions
The first constitution of Ohio was adopted in 1802.
The first constitution of Ohio gave the legislature nearly unlimited leeway in terms of taxing Ohioans.
On March 1, 1803, the first General Assembly met in Chillicothe, the new state capital. This date is considered the date of Ohio statehood.
The first constitution of Ohio was superseded by a new constitution in 1851.
![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)
