The First Ohio Constitution: Signed And Sealed

Ohio has had three constitutions since statehood was granted. The first Ohio Constitution was drafted in 1802 and took effect in 1803. The constitution was drafted by a convention of 35 delegates, 26 of whom were members of the Democratic-Republican Party, which favoured a small government with limited powers. The resulting constitution provided for a weak governor and judiciary, with most power vested in a bicameral legislature, known as the General Assembly. The constitution also prohibited laws that prevented poor children from receiving an education.

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Ohio's first constitution

The constitution provided for a "`weak` governor and judiciary", with most powers vested in a bicameral legislature, known as the General Assembly. The General Assembly consisted of two houses: the House of Representatives and the Senate. The governor did not have the power to veto acts of the legislature, and the legislature also selected Ohio's judges. The constitution also prohibited laws that prevented poor children from receiving an education, and prohibited slavery, honouring the Northwest Ordinance.

The delegates approved the constitution on November 29, 1802, and Thomas Worthington personally carried the document to Washington, DC, arriving on December 19. He formally presented the constitution to Congress on December 22, and it became law on February 19, 1803, when President Thomas Jefferson signed a bill stating that Ohio had become one of the United States of America.

The 1803 constitution remained in effect until 1851, when a new constitution was adopted following a statewide referendum. This new constitution, which is still in effect today, significantly redressed the checks and balances of power and included provisions for a public school system.

The 1851 constitution

Ohio has had three constitutions since statehood was granted. The first Ohio Constitution was adopted in 1802, and this provided for a "weak" governor and judiciary, with most power being vested in a bicameral legislature, known as the General Assembly. The 1851 constitution, drafted in 1850-1851, significantly redressed the checks and balances of power. This constitution was adopted in a statewide referendum on June 17, 1851, and took effect on September 1 of the same year. It is under this constitution that the state of Ohio still operates.

Two key issues debated during the drafting of the 1851 constitution were African American suffrage and the prohibition of alcohol. Delegates rejected proposals to allow Black suffrage in the state, but they did not decide on the prohibition of alcohol. Instead, a second question was put to Ohio voters, asking if they wished to permit the licensing of alcohol sales, and this proposition was rejected.

Citizen-initiated amendments

Ohio's first state constitution was drafted in 1802, and it became a state on March 1, 1803. The constitution provided for a weak governor and judiciary, with most power vested in a bicameral legislature, known as the General Assembly.

Ohio has had three constitutions since statehood was granted. The second constitution was adopted in 1851, and this is the same constitution under which the state of Ohio still operates. The third constitution was viewed as a large-scale revision rather than a new constitution.

Ohio's constitution can be amended by citizen-initiated ballot measures. According to Section 1a of Article II, citizens have the power to initiate constitutional amendments. Eighteen states allow this, and Ohio is one of them. For an initiated constitutional amendment, 10% of the votes cast in the last gubernatorial election are required, as well as a simple majority vote for voter approval. Additionally, Ohio requires 1,000 signatures with the initial petition application, and these signatures must be gathered from at least 44 of Ohio's 88 counties. Petitioners must gather signatures from a minimum of half the total required percentage of the gubernatorial vote in each of the 44 counties. Petitions can circulate for an indefinite period, but signatures are due 125 days before the general election that proponents want the initiative on.

The state legislature can also refer constitutional amendments to the ballot for voters to decide. A 60% vote is required during one legislative session for the Ohio State Legislature to place a constitutional amendment on the ballot. This amounts to a minimum of 60 votes in the House of Representatives and 20 in the State Senate. Amendments do not require the governor's signature to be referred to the ballot.

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The 1802 Enabling Act

The Enabling Act of 1802, passed on April 30, 1802, was a significant piece of legislation in the formation of the state of Ohio. It authorized the residents of the eastern portion of the Northwest Territory to establish the state of Ohio and join the United States on equal terms with the existing states. This act set a precedent for the creation of future states in the western territories and established procedures for their admission.

The Enabling Act of 1802 addressed the governance and infrastructure development of the new state. It provided for the execution of US laws in Ohio, ensuring that federal law had the same force and effect in Ohio as in the rest of the country. The act also offered three "propositions" to the convention, which included granting certain federal lands to the new state, particularly those designated for public schools, and allocating 5% of the proceeds from the sale of federal lands in Ohio for constructing roads to and through the state. These propositions were left to the convention's free acceptance or rejection, but if accepted, they would become obligatory upon the United States.

The act also established the precedent of full sovereignty over the lands within the Union for the older states. However, they agreed to allocate a portion of the land sale proceeds for the development of infrastructure in Ohio, specifically for the construction of public roads. This allocation would foreshadow the Cumberland Road, approved in 1806, which connected the young state of Ohio to the Atlantic waters.

The Enabling Act of 1802 played a crucial role in setting the framework for Ohio's statehood and its relationship with the federal government and the existing states. It ensured that Ohio would have equal status and representation in the United States House of Representatives, with the understanding that this representation would be reassessed in the next census. The act also recognized the importance of education in the new state by setting aside lands and funds for public schools, a legacy that continues to benefit Ohio's education system today.

The General Assembly

Ohio's first constitution was drafted in 1802 and took effect in 1803, and it established a bicameral legislature known as the General Assembly. The General Assembly was designed to be the primary holder of power in the state, with the governor and judiciary intentionally weakened. The General Assembly consisted of two houses: the House of Representatives and the Senate. Representatives were elected annually, while senators served two-year terms. Notably, the General Assembly had to approve all appointments made by the governor, and it also selected the state's judges.

In addition to its role in governance, the General Assembly is involved in the process of initiating constitutional amendments. According to Section 1a of Article II, citizens have the power to initiate amendments through a ballot measure. This process requires a certain number of signatures, distributed across Ohio's counties, and a simple majority vote for approval. The General Assembly is also mentioned in the context of legislatively referred constitutional amendments, where a 60% vote in the assembly is required to place an amendment on the ballot.

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