Ohio's 1851 Constitution: A Voter-Approved Milestone

Ohio voters approved the new constitution on June 17, 1851, which became effective on September 1 of the same year. This was the state's second constitution, replacing the first constitution drafted in 1802, one of the prerequisites for Ohio's statehood, granted in 1803. The 1851 Constitution addressed concerns about excessive taxation, mounting state debt, gerrymandering, and political favoritism in the granting of corporate charters. It also transferred power from the General Assembly to the people, allowing voters to elect judges and placing limitations on the General Assembly.

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

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The 1851 Constitution was Ohio's second constitution

Ohio's first constitution was drafted in 1802 as one of the prerequisite steps for statehood, which was granted in 1803. The 1802 constitution was created by a group of thirty-five delegates, most of whom were Democratic-Republicans who favored a small government with limited powers. As a result, the original constitution created a governor with limited appointment power and no veto ability, while granting the General Assembly broad powers, including unlimited terms in office and broad appointment power.

Over time, dissatisfaction with the original constitution grew. Concerns included excessive taxation, mounting state debt, gerrymandering, and widespread political favoritism in the granting of corporate charters. The legislature came to be perceived as corrupt, subsidizing private companies, and granting special privileges. Financial crises, starting with the Panic of 1837, also caused voters to lose trust in the legislature and the broad powers granted to its members.

In response to these concerns, a new constitution was drafted by a convention in 1850-51, as directed by the voters. The 1851 Constitution greatly redressed the checks and balances of power, expanding the governor's powers and providing more options for voters to amend the constitution in the future. The 1851 Constitution also prohibited slavery, although it did not expand suffrage beyond white male citizens.

The 1851 Constitution has been amended numerous times since its adoption, including a significant revision in 1912 that was so sweeping that most legal scholars consider it to have become a new "1912 Constitution." Despite these amendments and revisions, the 1851 Constitution still forms the basis of Ohio's government today.

It was approved by voters on 17 June 1851

The Ohio Constitution of 1851 was approved by voters on 17 June 1851. This was the state's second constitution, replacing the original from 1802. The 1851 Constitution is still in effect today, making it the sixth oldest in the nation and the second oldest outside New England.

The 1851 Constitution was drafted in response to dissatisfaction with the original constitution. As the state's population grew, the original constitution's requirement for Ohio Supreme Court justices to hold court annually in each county became increasingly impractical. Financial crises, starting with the Panic of 1837, also caused voters to lose trust in the legislature, which had broad powers. Other concerns included excessive taxation, mounting state debt, gerrymandering, and widespread political favoritism in the granting of corporate charters.

The 1851 Constitution addressed these issues by expanding the governor's powers and placing limitations on the General Assembly. It also prohibited slavery, although it did not expand suffrage; voting was still limited to white male citizens who paid taxes. The new constitution did, however, give those voters more options for amending the constitution in the future. A provision was introduced to automatically put a convention call on the ballot every 20 years, so each generation could revisit the constitution.

Since 1851, Ohio has held three additional constitutional conventions (in 1873-74, 1912, and 2023), and the 1851 Constitution has been amended 173 times as of 2023.

It was adopted on 1 September 1851

The Ohio Constitution of 1851 was approved by voters on June 17, 1851, and came into effect on September 1 of that year. This was the second constitution in the state's history, replacing the original constitution of 1803. The 1851 Constitution is still in effect today, making it the sixth oldest in the nation and the second oldest outside New England.

The 1851 Constitution was drafted in response to growing dissatisfaction with the original constitution, which had been in place since Ohio became a state in 1803. Over time, concerns arose about the judicial caseload, as the original constitution required Supreme Court justices to hold court in every county, and Ohio's number of counties had increased from 9 to 87 by 1850. Financial crises, starting with the Panic of 1837, also contributed to voters' loss of trust in the legislature and the broad powers granted to its members by the original constitution.

The 1851 Constitution addressed several of these concerns. It expanded the governor's power and transferred power from the General Assembly to the people, allowing voters to elect judges and placing limitations on the General Assembly's operations. It also prohibited slavery, although it did not expand suffrage, as voting remained limited to white male citizens who paid taxes.

Since its adoption, the 1851 Constitution has been amended numerous times, with voters approving three additional amendments since 2018, bringing the total number of amendments to 173 as of 2023. The most recent amendment, approved by voters on November 7, 2023, was known as Issue 1.

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It has been amended 170+ times

The Ohio Constitution of 1851 has been amended over 170 times, making it the second oldest constitution outside of New England. The original constitution was drafted in 1802 as a prerequisite for statehood, and it became effective in 1803 when Ohio officially became a state.

The 1851 constitution was approved by voters on June 17, 1851, and became effective on September 1 of that year. This new constitution addressed several concerns about the 1803 version, including expanding the governor's power and reducing that of the General Assembly. It also prohibited slavery, although it did not expand suffrage—voting was still limited to white male citizens who paid taxes. The 1851 constitution also opened the amendment process, allowing the General Assembly to propose amendments to the voters without a constitutional convention.

The 1851 constitution has been amended numerous times since its inception. In 1852, a commission was formed to devise a code of civil procedure for the state, which was repealed in 1953. In 1912, delegates proposed 42 constitutional amendments, of which 34 were approved by voters. These amendments significantly changed the constitution and included provisions for direct democracy, home rule, civil service, and the elimination of the supermajority requirement for amendments proposed by the General Assembly.

More recently, in 2009, the legislature proposed the creation of the Ohio Livestock Care Standards Board, which was approved by voters. In 2015, the Ohio Initiated Monopolies Amendment was approved by 51.33% of voters, and in 2023, voters approved another new amendment. These amendments demonstrate the ongoing evolution of the 1851 constitution and its adaptability to the changing needs of the state.

It is still in effect today

The Ohio Constitution of 1851 is still in effect today, though it has been amended many times since. It is the state's second constitution, replacing the original from 1802, and was approved by voters on June 17, 1851, taking effect on September 1 of that year.

The 1851 Constitution has been amended 173 times as of 2023, with voters approving three additional amendments since 2018. The document is 31 pages long and measures 13 x 21 inches. It did not expand suffrage, but it did give 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 20 years, so each generation could revisit the constitution.

The 1851 Constitution prohibited slavery, but delegates rejected African American suffrage by one vote, meaning only white men who paid taxes could cast ballots. It also expanded the governor's power and addressed concerns about the 1803 version, including excessive taxation, mounting state debt, gerrymandering, and political favoritism in granting corporate charters.

The 1851 Constitution also opened the amendment process by permitting the General Assembly to propose amendments to the voters without a constitutional convention. This process has been used multiple times, with voters approving 34 of 42 proposed amendments in 1912, which was a significant change to the constitution. The 1912 amendments reflected progressive reforms to check the power of corrupt state politicians and included provisions for direct democracy, home rule, civil service, and the elimination of the supermajority requirement for amendments proposed by the General Assembly.

The Ohio Constitution continues to be amended and revised, with the most recent amendment, Issue 1, approved by voters on November 7, 2023.

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