Eleanor Finch
Ohio has had two state constitutions. The first constitution, drafted in 1802, provided for a weak governor and judiciary, and vested most of the power in the bicameral legislature, known as the General Assembly. The General Assembly held broad appointment powers, including the ability to appoint judges and all state offices, except the governor. The 1851 constitution expanded the governor's power, created the position of lieutenant governor, and imposed restrictions on the General Assembly. The 1912 convention drafted and submitted a series of amendments to the 1851 Constitution, which expanded the state's bill of rights and provided for voter-led initiatives and referendums.
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The General Assembly
The 1851 constitution imposed substantive and procedural restrictions on the General Assembly, limiting its ability to incur debt and prohibiting the creation of new counties without residents' consent. It also gave voters the power to elect officials who had previously been appointed by the legislature.
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The Governor
The Ohio Constitution of 1851 expanded the governor's power, although it did not give the governor veto power until 1903. The 1851 constitution also created the position of lieutenant governor, who presided over the Senate. The governor's power was expanded further in 1968 when voters adopted the "Modern Courts Amendment", which granted the governor the power to appoint a five-member commission to hear cases appealed to the Supreme Court.
The initial Ohio Constitution of 1802 provided for a "`weak` governor" with no veto authority, making the office largely a figurehead. The constitution vested most of the power in the bicameral legislature, known as the General Assembly, which held unlimited terms in office and broad appointment power. The General Assembly could appoint judges and all state offices, except the governor.
The 1851 constitution 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. It also gave voters the power to elect executive and judicial officers, including the auditor, secretary of state, treasurer, attorney general, Ohio Supreme Court justices, and common pleas judges—all of whom had previously been appointed by the legislature.
The Ohio Constitution has been amended 169 times since 1851, and the state has held four constitutional conventions, including in 1802, 1850-1851, 1873-1874, and 1912. The 1912 convention, in particular, drafted and submitted a series of progressive amendments to voters, which expanded the state's bill of rights, provided for voter-led initiatives and referendums, and established civil service protections.
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The Judiciary
The Ohio Constitution of 1802 provided for a "weak" governor and judiciary, with most powers vested in the bicameral legislature, known as the General Assembly. The General Assembly held broad appointment powers, including the appointment of all judges except justices of the peace.
The 1851 Constitution eliminated the General Assembly's appointment powers, although the Ohio judiciary still grants the legislature substantial leniency. The state supreme court, for example, considers that "all statutes are presumed constitutional."
The 1851 Constitution also created the position of lieutenant governor and imposed substantive and procedural restrictions on the General Assembly. It limited the legislature's ability to incur debt and prohibited the creation of new counties without the residents' consent.
The 1851 Constitution also added district courts throughout the state, above common pleas courts but below the Ohio Supreme Court, to help deal with the judicial caseload. The constitution thus created three tiers of courts: the Supreme Court of Ohio, the Ohio District Courts of Appeals, and the Ohio Courts of Common Pleas.
In 1968, voters adopted the "Modern Courts Amendment," which significantly revised the judiciary article. The key change was granting the Supreme Court administrative control of the state's judiciary. Before this amendment, each judge was largely independent of any oversight.
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Voters
Under the initial Ohio Constitution, the General Assembly held most of the power, including unlimited terms in office, broad appointment powers, and the ability to create new counties. The constitution also vested the Assembly with the power to appoint judges and all state offices, except the governor. The 1803 Constitution required Ohio Supreme Court justices to hold court annually in each county, which became an issue as the state's population grew.
The 1851 Ohio Constitution addressed several concerns about the 1803 version, including imposing restrictions on the General Assembly. It limited the legislature's ability to incur debt and prohibited the creation of new counties without the residents' consent. The 1851 Constitution also expanded the governor's powers, creating the position of lieutenant governor, who presided over the Senate. The majority leader of the Senate became the President Pro Tempore.
The 1851 Constitution also gave voters the power to elect executive and judicial officers, including the auditor, secretary of state, treasurer, attorney general, Ohio Supreme Court justices, and common pleas judges. Previously, these positions were appointed by the legislature. The 1851 Constitution also added district courts throughout the state to help deal with the judicial caseload.
The 1851 Constitution has been amended numerous times, and voters have played a significant role in approving amendments. In 1912, delegates to the Ohio Constitutional Convention proposed a series of amendments to the 1851 Constitution, which were approved by voters. The 1912 amendments expanded the state's bill of rights, provided for voter-led initiatives and referendums, and established civil service protections. In 1968, voters adopted the "Modern Courts Amendment," which granted the Supreme Court administrative control of the state's judiciary.
In summary, while the General Assembly held most of the power under the initial Ohio Constitution, the 1851 Constitution addressed concerns about legislative power and gave voters more power to elect officials and approve amendments.
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The Lieutenant Governor
The position of Lieutenant Governor was created by the 1851 Ohio Constitution. The Lieutenant Governor is the second-ranking officer of the executive branch and the first in line to succeed the Governor. They are popularly elected every four years and are limited to two consecutive terms. The Lieutenant Governor's primary responsibility is to complete the duties assigned to them by the governor. They are sometimes appointed to head a government agency.
The 1802 Ohio Constitution, which was one of the prerequisite steps for statehood, provided for a weak governor and judiciary. This constitution vested most of the power in the General Assembly, which had unlimited terms in office, broad appointment powers, and the ability to create new counties.
The 1851 Constitution imposed substantive and procedural restrictions on the General Assembly. It limited the legislature's ability to incur debt and prohibited the creation of new counties without the residents' consent. 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 previously been appointed by the legislature.
The 1851 Constitution also created the position of Lieutenant Governor, who is the second-highest-ranking officer in the executive branch. The Lieutenant Governor is popularly elected every four years and can only serve two consecutive terms. The current Lieutenant Governor of Ohio is Jim Tressel, who assumed office in 2025.
In recent years, Ohio governors have appointed the lieutenant governor to head an agency of state government. For example, Bruce Edward Johnson served as Director of the Ohio Department of Development, as did his successor, Lee Fisher.
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Frequently asked questions
The General Assembly held most of the power under the initial Ohio Constitution, with the ability to appoint judges and all state offices, except the governor.
The General Assembly had unlimited terms in office, broad appointment powers, and the ability to create new counties.
Yes, the Ohio Constitution of 1851 imposed restrictions on the General Assembly, such as limiting their ability to incur debt and prohibiting the creation of new counties without residents' consent.
The 1851 Constitution created the position of lieutenant governor and gave voters the power to elect several officials, including the auditor, secretary of state, treasurer, attorney general, and judges.
The Ohio Constitution provides three mechanisms for amendments: citizen-initiated, legislative, and state constitutional convention processes. Amendments require a simple majority vote (50% plus 1) for approval.
