The Ohio Constitution Of 1851: Addressing Inequality And Injustice

The Ohio Constitution of 1851 was the state's second constitution, replacing the first constitution that had been in place since Ohio's statehood in 1803. The 1851 constitution was needed to address several issues with the 1802 constitution, including excessive power given to the legislative branch, difficulties in amending the constitution, and financial woes caused by insufficient tax laws and failed investments. The new constitution introduced provisions for fair representation, reduced state debt through tax code reforms, and gave more power directly to the people. It also established the district court system and made it easier to amend the constitution, with a provision for a constitutional convention every 20 years.

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The 1802 constitution was hard to amend

The Ohio Constitution of 1851 came into effect on September 1, 1851, replacing the 1802 constitution, which was hard to amend. The 1802 constitution gave too much power to the legislative branch of the Ohio government, the Ohio General Assembly. The General Assembly was disproportionately powerful compared to the executive and judicial branches, and the constitution was nearly impossible to change when necessary. This led to corruption and inefficiency in the government.

The 1851 constitution addressed this issue by reducing the power of the General Assembly and giving more power directly to the people. It also created the district court system, which relieved the Supreme Court of the need to travel to every county in the state. The 1851 constitution also allowed for easier amendment, with provisions for a constitutional convention every 20 years and a simpler process for adding specific amendments even without a convention.

The 1802 constitution had been written at a time when Ohio was sparsely populated, and it no longer reflected the reality of the state by 1851. The new constitution ensured fair representation of each county according to its population and addressed the state's financial situation by reforming the tax code.

The Ohio Constitution of 1851 has been amended numerous times since its passage, with most amendments occurring after 1912 when the requirements for passing amendments loosened. As of 2023, it has been amended 173 times. The constitution remains the foundational law of Ohio, but it has evolved to meet the changing needs of the state.

The difficulty in amending the 1802 constitution was a significant factor in the creation of the 1851 constitution. By making the new constitution more amendable, the state of Ohio gained greater flexibility to address the needs and challenges of its growing and evolving society.

Ohio was in financial crisis

Ohio was in a deep financial crisis in 1851. The state had incurred massive debts, much of which was a result of the Ohio Loan Law of 1837, which required the state to provide financial aid to canal, railroad, and turnpike companies. The existing tax laws were not strong enough to collect the taxes needed to pay off the state's debts and fund basic operations. Several cities had also lost money by investing in private corporations that subsequently failed, leaving them with even more debt.

The state's financial woes were compounded by dissatisfaction with the judicial system and special legislation that benefited banks and corporations. There was also a perception of widespread corruption in the legislature, which was accused of subsidizing private companies and granting special privileges in corporate charters. This led to a demand for reform, with calls for a constitutional convention gaining momentum in the late 1840s.

The legislature failed to approve calls for a constitutional convention in 1844, 1846, and 1847. However, in 1849, the legislature finally reached the required two-thirds majority to put the call for a constitutional convention before voters, who approved the measure. The convention, which began in Chillicothe in 1851, addressed the state's financial crisis by reforming the tax code to reduce the state's debt.

The 1851 constitution also made it easier to amend the constitution, allowing for more direct democracy and providing a mechanism for future generations to revisit and change the constitution. This included a provision that automatically put a call for a constitutional convention on the ballot every twenty years. The 1851 constitution has been amended numerous times, with most amendments occurring after 1912 when the requirements for passing amendments were loosened.

Corruption and political favouritism

The Ohio Constitution of 1851 was adopted to address issues of corruption and political favouritism that had plagued the state since its first constitution in 1802. The 1802 constitution gave too much power to the legislative branch, the Ohio General Assembly, which was perceived as corrupt. The General Assembly was accused of subsidising private companies and granting special privileges in corporate charters.

The rules for creating new counties and representing counties by population also left room for corruption. The 1851 Constitution reduced the power of the General Assembly and introduced checks and balances to limit its influence. It eliminated the Assembly's appointment power and gave more power directly to the people.

The financial crisis of 1837 and the explosion of state debt between 1825 and 1840 further exacerbated the problem of corruption. The legislature was unable to collect sufficient taxes to pay off the state's debts, and several cities suffered financial losses due to investments in failed private corporations. The 1851 Constitution addressed these financial issues by reforming the tax code and reducing the state's debt.

The 1851 Constitution also provided for fair representation of each county according to its population, reducing the opportunity for gerrymandering and political favouritism. The document introduced a provision for a constitutional convention to be held every 20 years, allowing future generations to amend the constitution and ensure it remains up-to-date and reflective of the people's needs.

The delegates at the 1850 Constitutional Convention also addressed issues of political favouritism by voting against offering the vote to African-American men and all women. Despite the progressive ideals of the time, the 1851 Constitution continued to restrict voting rights to white male citizens.

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The legislature was perceived as corrupt

The Ohio Constitution of 1851 was the state's second constitution, replacing the first constitution of 1802. The 1851 constitution was needed, in part, because the legislature of the 1802 constitution was perceived as corrupt.

The 1802 constitution gave too much power to the legislative branch, the Ohio General Assembly. The General Assembly held most of the power, including unlimited terms in office, broad appointment powers, and the ability to create new counties. This left the door open for a lot of corruption. The legislature was widely perceived as corrupt due to its subsidization of private companies and granting of special privileges in corporate charters. There was also dissatisfaction with the judicial system and special legislation for banks and corporations.

The 1851 constitution reduced the power of the General Assembly and gave more power directly to the people. The new constitution allowed the people to hold a constitutional convention every 20 years and also made it easier to add specific amendments without a convention. The 1851 constitution also created the district court system, which relieved the Supreme Court of the need to travel to every county in the state.

The 1851 constitution also addressed other issues, such as state debt and taxation. It reformed the tax code to reduce the state's debt and ensured fair representation of each county according to its population. Additionally, the new constitution expanded the governor's power and provided for the election of certain officials, such as the Lt. Governor, Auditor, Treasurer, and Attorney General.

The Ohio Constitution of 1851 has been amended numerous times since its creation, but it still forms the basis of the state's governance today.

The 1851 constitution expanded the governor's power

The Ohio Constitution of 1851 was the state's second constitution, replacing the first constitution that had been in place since Ohio's statehood in 1803. The 1851 constitution aimed to address several shortcomings of the 1802 constitution, including excessive legislative power, difficulties in amending the constitution, and financial woes.

One of the key changes introduced by the 1851 constitution was the expansion of the governor's powers. Under the previous constitution, the governor had limited appointment powers and no veto ability. The new constitution aimed to rectify this by enhancing the governor's authority.

The 1851 constitution also brought about changes to the executive branch, with the addition of elected positions such as the Lt. Governor, Auditor, Treasurer, and Attorney General. The Secretary of State position, previously an appointed role, also became an elected one. These changes contributed to a shift in power dynamics within the state government.

While the 1851 constitution expanded the governor's powers, it did not grant the governor a veto power. Instead, the governor's ability to influence legislation came through checking the power of the General Assembly and the judiciary. The governor could override the veto of the General Assembly by a three-fifths vote of both houses and had the power to appoint judges when vacancies occurred.

The 1851 constitution also introduced provisions for regular constitutional conventions, allowing for further amendments and adjustments to the governor's powers over time. This adaptability ensured that the constitution could evolve alongside the changing needs and priorities of the state and its citizens.

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