Simone Lawson
The Constitution of Ohio is the state's basic governing document, which 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 becoming a state in 1803. The Ohio Constitution can be amended with a legislative, citizen-initiated, or convention-referred constitutional amendment, all of which require voter approval. Amendments do not require the governor's signature to be referred to the ballot. There have been 170 amendments made to the Ohio Constitution, with most occurring after 1912 when the requirements for passing amendments loosened.
| Characteristics | Values |
|---|---|
| Number of constitutions since statehood was granted | 3 |
| Year of statehood | 1803 |
| First constitution | 1802 |
| Second constitution | 1851 |
| Number of state constitutional conventions | 4 |
| Years of state constitutional conventions | 1802, 1850-1851, 1873-1874, 1912 |
| Number of amendments | 170 |
| Number of amendments passed by voters | 34 |
| Number of amendments rejected by voters | 8 |
| Number of amendments approved by voters since 1851 | 9 |
| Minimum vote percentage for constitutional amendment | 50% |
| Minimum vote in the Ohio House of Representatives for constitutional amendment | 60 |
| Minimum vote in the Ohio State Senate for constitutional amendment | 20 |
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What You'll Learn
Legislative, citizen-initiated, and convention-referred amendment processes
The Ohio Constitution can be amended through a legislative, citizen-initiated, or convention-referred constitutional amendment. All of these amendment processes require voter approval.
Legislative Amendment Process
The legislative branch in Ohio, also known as the General Assembly, can pass a joint resolution that will appear on the general election ballot. If the resolution receives more than 50% of the vote, it becomes a constitutional amendment. The General Assembly has played a significant role in proposing amendments, with the 1969 establishment of the Ohio Constitutional Revision Commission resulting in the submission and passage of numerous amendments.
Citizen-Initiated Amendment Process
Citizens of Ohio also have the power to initiate constitutional amendments. This process, established through a constitutional amendment, allows citizens to propose amendments through a ballot measure. To initiate this process, petitioners must gather signatures amounting to at least 10% of the votes cast in the latest gubernatorial election, with a minimum of 1,000 signatures required in the initial petition. The signatures must be collected from at least half of the 44 counties, and they are due 125 days before the general election in which the proponents want the initiative to appear. Once an amendment is on the ballot, a simple majority (50% + 1) of voter approval is required for it to pass.
Convention-Referred Amendment Process
According to Article XVI, also known as the state's legislative article, a constitutional amendment can be referred to the ballot for voters to decide. For this to occur, there must be a 60% vote during a legislative session, which equates to a minimum of 60 votes in the Ohio House of Representatives and 20 votes in the Ohio State Senate. This process does not require the governor's signature. Additionally, per Section 3 of Article XVI, a question about holding a state constitutional convention automatically appears on the state's ballot every 20 years, starting in 1932. Ohio is one of 14 states that provide for this automatic convention question.
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The Ohio Constitution vs. the U.S. Constitution
The Constitution of the State of Ohio is the basic 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 Ohio Constitution can be amended with a legislative, citizen-initiated, or convention-referred constitutional amendment, all of which require voter approval. Amendments do not require the governor's signature to be referred to the ballot.
The Ohio Constitution's Bill of Rights is substantially similar to its federal counterpart, the U.S. Constitution, and includes the right to assemble, the right to bear arms, and protections against cruel and unusual punishment. However, 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 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 process of amending the Ohio Constitution is similar to that of the U.S. Constitution, which also requires voter approval for amendments. However, there are some key differences in the amendment process between the two constitutions. For example, in Ohio, a 60% vote is required during one legislative session for the state legislature to place a constitutional amendment on the ballot, while the U.S. Constitution requires a two-thirds majority in both houses of Congress to propose an amendment, and a three-fourths ratification by the states. Additionally, Ohio is one of 14 states that provides for an automatic constitutional convention question to appear on the ballot every 20 years, starting in 1932.
Both the Ohio Constitution and the U.S. Constitution have been amended numerous times to reflect the changing needs and values of their respective governments and citizens. The Ohio Constitution has had 170 amendments, most of which occurred after 1912 when the requirements for passing amendments loosened. Similarly, the U.S. Constitution has had 27 amendments, with the most recent amendment being adopted in 1992. The process of amending the Ohio Constitution has been a topic of debate in recent years, with some arguing that it is too easy to amend and others claiming that it is too difficult.
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The history of Ohio's constitutions
The State of Ohio has had three constitutions since it became the 17th state to join the United States of America in 1803. The first constitution was created in 1802, when a state constitutional convention was held in Chillicothe, Ohio. This constitution prohibited laws that would prevent poor children from receiving an education, and it also aligned with the Northwest Ordinance, which established a territorial government and provided for freedom of worship, the right to habeas corpus, trial by jury, and the right to make bail except for capital offenses.
The second constitution of Ohio came into effect in 1851, and it made few changes to the original document. This constitution eliminated the legislature's appointment power and outlawed slavery, although Ohio governors lacked a veto until 1903. The 1851 constitution also established a commission to apportion the state legislative districts, consisting of the governor, the state auditor, and the secretary of state.
In 1873, a constitutional convention proposed a new constitution that included provisions for annual sessions of the legislature, a veto for the governor, the establishment of state circuit courts, and restrictions on municipal debt. However, this revised constitution was rejected by voters. Another constitutional convention was held in 1912, which led to the submission of sixty amendments to the people, many of which were passed.
The present constitution of Ohio has 19 articles and 225 sections, with 170 amendments made so far. Most of these amendments occurred after 1912, when the requirements for passing amendments loosened. Notable amendments include granting the governor veto powers in 1903, prohibiting residents from being required to purchase health insurance in 2011, and guaranteeing access to abortion in 2023.
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The role of the Ohio Supreme Court
The Ohio Supreme Court is the highest court in the state of Ohio, with final authority over interpretations of Ohio law and the Ohio Constitution. The court was founded in 1802 and was established in the state constitution as a three-member court, holding courts in each county every year. The court currently has seven members, including a chief justice and six associate justices, who are elected at large by the voters of Ohio for six-year terms. Every two years, two of the associate justice seats are up for election, and for one of those three elections in a six-year cycle, the chief justice's seat is also up for election. The Ohio Supreme Court is responsible for interpreting the Ohio Constitution and ensuring that the laws of the state are upheld. The court has the power to review and decide on the constitutionality of laws and actions taken by the state government. The court also hears appeals of decisions made by lower courts in the state and can issue rulings that set precedents for future cases.
One notable case involving the Ohio Supreme Court is DeRolph v. State (1997), where the court found that Ohio's method of funding its schools was unconstitutional. Another important case is Mapp v. Ohio (1961), where the U.S. Supreme Court reversed the decision of the Ohio Supreme Court and established the exclusionary rule, which prohibits the use of evidence seized unlawfully without a search warrant in criminal prosecutions.
The Ohio Supreme Court also plays a role in the amendment process of the Ohio Constitution. While the court itself does not have the power to amend the constitution, it can interpret the amendments and determine their constitutionality. Amendments to the Ohio Constitution can be proposed through a legislative process, by citizen initiative, or by a constitutional convention. The proposed amendments must then be approved by a majority of voters in a statewide election.
The Ohio Supreme Court has a significant impact on the lives of Ohio residents, as it ensures that the laws and actions of the state government are in line with the Ohio Constitution. The court's decisions can shape public policy, protect the rights of citizens, and interpret the law in a way that reflects the values and principles of the state. Additionally, the court's disciplinary counsel investigates Ohio judges and attorneys to protect the public and maintain the integrity of the judicial system.
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The impact of special interest groups
The Ohio Constitution has been the subject of much debate, with various special interest groups seeking to influence any amendments made to it. One of the most prominent issues is abortion, with anti-abortion groups lobbying lawmakers to support resolutions that would make it harder to amend the constitution and keep abortion legal. These groups argue that the current system is vulnerable to outside special interest groups with deep pockets, such as the abortion lobby, who can "buy their way onto the ballot every election cycle".
However, others disagree, arguing that the fear of outside special interests influencing the constitution is not real and that Ohio already has guardrails in place to prevent this. They claim that the push to make it harder to amend the constitution is coming from special interests themselves, who want to take power away from voters. Furthermore, they argue that some of Ohio's best policies have been passed by citizens through constitutional amendments, and that citizens already have the ability to initiate policy changes at the ballot box if their elected leaders are not supporting their interests.
Another issue at play is the role of interest groups in manipulating the timing of elections. In 2021, Ohio's Secretary of State, Frank LaRose, supported eliminating August special elections due to chronically low voter turnout, which he argued was bad for the civic health of the state. However, interest groups have been known to take advantage of this low turnout by strategically placing issues on the August ballot, knowing that fewer Ohioans will be paying attention. This highlights the complex dynamics at play between special interest groups, lawmakers, and citizens in the process of amending the Ohio Constitution.
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Frequently asked questions
The Constitution of the State of Ohio is the basic governing document of the State of Ohio, which became the 17th state to join the United States of America in 1803.
The Ohio Constitution can be amended with a legislative, citizen-initiated, or convention-referred constitutional amendment. All amendments require approval by a majority of Ohio voters (50%+1).
Citizen groups can propose constitutional amendments or initiated statutes. Both require a 50% majority in a statewide vote to pass.
Most amendments occurred after 1912, when the requirements for passing amendments loosened. There have been 170 amendments made to the Ohio Constitution, with 34 of 42 proposed amendments approved since 1912.
In 2023, Ohioans passed an amendment to guarantee access to abortion in the wake of Dobbs v. Jackson Women's Health Organization.
