History of Ohio s Constitution STEP BY STEP. the reading pages to each student.

Transcription

1 Teacher s Guide Time Needed: Two Class Periods Materials Needed: Student worksheets Copy Instructions: Reading (2 pages; class set) Primary Source Activity (2 pages; class set) Review Activities(3 pages; class set) History of Ohio s Constitution Learning Objectives. Students will be able to: Identify the problems that followed from the 1802 Ohio Constitution Explain how the 1851 Constitution addressed these problems Analyze maps to explain why the traveling Supreme Court requirement became impractical Describe the changes in how officials were selected between 1802 and 1851 STEP BY STEP ANTICIPATE DISTRIBUTE READ DISTRIBUTE DISTRIBUTE REVIEW REVIEW CONTINUE DISTRIBUTE PROJECT by asking students if state constitutions can change. Why might they need to change? What kind of changes might need to happen? How would change happen? the reading pages to each student. through the sections on both pages as a class. Make sure to discuss challenges, making sure that they understand the need for the changes in each area of government the Primary Source Activity pages and review the instructions. You may have students work through these constitutional excerpts as a class, in pairs, or individually. Go over responses when this activity is completed. the activity pages to the class and explain that you will be going though them as a class. the Before and After activity instructions. Give the students time to draw their graphic organizers. Ask individual students to share their two images and explain their thinking. Allow students to add detail to their own drawings at this time. the instructions for the Adding On activity with the class and give the students a few minutes to complete. Read through the correct answers and explain that women gained the write to vote nationally in 1920, the word white was struck from the text in 1923 (although Africans Americans had the right to vote nationally when the 15th Amendment passed in through the activities on the next page. Discuss student answers along the way. the Problem? Solution! activity page to each student. Read through the instructions, reminding students to think about all the possible causes and effects. You may choose to lead the class through the list together, have students work in pairs or individually. the Problem? Solution! activity and solicit suggestions from the class. Have them add connections that they missed to their worksheets. CHECK IT OUT! Dig deeper with the Ohio Constitution and compare it to the U.S. Constitution with the new icivics Lesson: Comparative Constitutions Ohio icivics, Inc. You may copy, distribute, or transmit this work for noncommercial purposes only. This copyright notice or a legally valid equivalent such as 2016 icivics Inc. shall be included in all such copies, distributions or transmittals. All other rights reserved. Find this lesson and more at

2 Ohio 1.0 Before it was a state, Ohio was part of the Northwest Territory and was governed under the Northwest Ordinance created in The Ordinance prohibited slavery, protected freedom of worship, the right to a jury and a number of other basic rights. Over the next 20 years, the population in the Ohio area grew and, in 1802, President Thomas Jefferson signed a bill allowing for the establishment of a new state. Before it could be added to the Union, this new state needed a new constitution, so a convention was formed and got to work. The 1802 Constitution created a state government with most of the power in the hands of the legislature, called the General Assembly. The governor and executive branch had very little power, as did the judicial branch. With a constitution, the U.S. Congress recognized Ohio as a state and President Jefferson signed it into law. The first meeting of the General Assembly was held in Chillicothe, Ohio s first capital, on March 1, This date is celebrated as Ohio s birthdate. Why the branch imbalance? The territorial governor Arthur St. Clair was not very popular and was thought to rule with a heavy hand. So many at the convention wanted to prevent one power-hungry executive being replaced with another. Since 1851 there have been plenty of changes made to the Ohio Constitution. But the change between 1802 and 1851 was bigger; it involved a restructuring of the way the whole state government worked! Ohio 2.0: The Executive Branch Time for a Change? It didn t take too long for Ohioans to find some flaws in the initial structure of the state government. A national economic crisis hit in 1837, leaving many to blame their state government and lack of economic policy. Early banks did not have many rules to follow, so many were weak and collapsed taking the people s money with them. This economic panic and the lessons learned from governing the new state led many to support constitutional reform. Another constitutional convention was held and the state was presented with a new constitution in The new constitution aimed to address the lack of balance between the branches of government, as well as issues relating to state funding. The 1802 Constitution only created offices of the governor and the secretary of state, both selected by the General Assembly. The powers of the governor were limited to issuing pardons, filling official vacancies when the General Assembly wasn t in session, acting as commander-in-chief of the state militia, and calling the General Assembly into session in extraordinary situations. The 1851 Constitution did not give much more power to the governor, but it did expand the executive branch. The offices of lieutenant governor, auditor, treasurer, and attorney general were created providing additional executive oversight and guidance. These offices were no longer appointed by the General Assembly, but elected by the people icivics, Inc. Reading - Side A

3 Ohio 2.0: The Legislative Branch Ohio 2.0: The Judicial Branch The General Assembly was created to act as the main governmental branch and held the majority of power in the state government. All major officials (except the governor) were appointed by this branch rather than elected by the people of the state. Laws were passed that favored some citizens and companies over others. Their legislative actions were unchecked by the other branches, and the General Assembly soon gained the reputation of being corrupt. In an effort to rebalance the three branches, the 1851 Constitution stripped the General Assembly of many of their powers. They were no longer given the power to appoint key executive officers and judges. The legislature was no longer able to pass laws retroactively, nor were they allowed to pass laws that did not apply to everyone equally. The General Assembly maintained its most powerful branch status, but its authority had been lessened in favor of the executive and judicial branches. The original constitution created a rather simple and streamlined judicial system a Supreme Court for the whole state and Courts of Common Pleas within each county. The Supreme Court was required to meet at least once a year in each of the nine counties that were established in In the nearly fifty years that followed, the number of counties jumped up to 88! That s a lot of travel! To address the population growth and the growing demands on the court, the 1851 Constitution created an additional level of district courts to bridge the gap between the lower state courts and the Supreme Court. Judges were no longer appointed by the General Assembly, but elected by the people. The travel requirement was also removed, allowing the Supreme Court to stay put. Ohio 2.0: Economic Policy In the early years of the state, the government racked up a lot of debt. Some debt is ok, but the General Assembly had used the public s money irresponsibly. One law passed by the General Assembly required the state to provide financial aid to railroad, canal and other companies, benefitting individual businessmen connected to the officials. So the state government was investing in private businesses if those businesses failed, the state lost that investment. These kind of laws, risky investments, and corruption helped spur calls for change. Corruption: the practice of using money and power to unfairly influence governmental officials The 1851 Constitution addressed the corruption and financial concerns in a number of ways. It set a $750,000 limit on state debt. It also required that money to be used for exactly what it was borrowed for. In other words, if you borrow state money to build a bridge you had to build a bridge, not a new house for a corrupt legislator. Same for taxes: if you raise tax money to create a school, you can t use it for a road. Poll taxes were outlawed and all property had to be taxed in a uniform way icivics, Inc. Reading - Side B

4 Dealing with the Documents. Read each of the excerpts from the 1802 and 1851 constitutions and answer the questions that follow on the next page. On the Legislative Branch Article I. Sec. 21. No money shall be drawn from the treasury but in consequence of appropriation made by law. 1 Article II. Section 22. No money shall be drawn from the treasury except in pursuance of a specific appropriation made by law; and no appropriation shall be made for a longer period than two years. (The 1802 Constitution has no mention of this.) (The 1802 Constitution has no mention of this.) 2 3 Article II. Section 26. All laws of a general nature, shall have a uniform operation throughout the State; now shall any act, except such as relates to public schools, be passed, to take effect upon the approval of any other authority than the General Assembly, except as other provided in this constitution. Article II. Section 28. The General Assembly shall have no power to pass retro-active laws, or laws impairing the obligation of contracts; but may, by general laws, authorize courts to carry into effect, upon such terms as shall be just and equitable, the manifest intention of parties, and officers, by curing omissions, defects, and errors in instruments and proceedings, arising out of their want of conformity with the laws of this State. On the Executive & Judicial Branches Article II. Section 1. The supreme executive power of this State shall be vested in a Governor. Article II. Sec. 16. A secretary of State shall be appointed by a joint ballot of the Senate and House of Representatives... 4 Article III. Section 1. The Executive Department shall consist of a Governor, Lieutenant Governor, Secretary of State, Auditor, Treasurer, and an Attorney General, who shall be chosen by the Electors of the State on the second Tuesday of October, and at the places of voting for members of the General Assembly. Article III. Sec. 1. The judicial power of this State, both as to matters of law and equity, shall be vested in a Supreme Court, in Courts of Common Pleas for each county, in Justices of the Peace, and in such other courts as the Legislature may, from time to time, establish. 5 Article IV. Sec. 1. The judicial power of the State shall be vested in a Supreme Court, in District Courts, Courts of Common Pleas, Courts of Probate, Justices of the Peace, and in such other Courts inferior to the Supreme Court, in one or more counties, as the General Assembly, may, from time to time, establish. Article III. Sec. 8. The Judges of the Supreme Court, the President and the Associate Judges of the Courts of Common Pleas shall be appointed by a joint ballot of both Houses of the General Assembly... Article III. Section 10. The Supreme Court shall be held once a year in each county, and the Courts of Common Pleas shall be holden in each county, at such times and places, as shall be prescribed by law. 6 7 Article IV. Sec. 9. A competent number of justices of the peace shall be elected, by the electors, in each township in the several counties... Article IV. Sec. 10. All judges, other than those provided for in the Constitution, shall be elected by the electors of the judicial district for which they may be created Article IV. Sec. 5. District courts shall be composed of the Judges of the court of common pleas of the respective districts, and one of the Judges of the supreme court,..., and shall be held in each county therein, at least once in each year icivics, Inc. Primary Source Activity - Side A

5 Dealing with the Documents. Use excerpts from the last page to answer the questions below. Example 1: What two elements have been added to this rule about the General Assembly spending state money? Why did the 1851 Constitution add these two details? Examples 2 & 3: What two restrictions are being placed on the General Assembly in these excerpts? Example 4: How did the Executive change in the 1851 Constitution? (Consider the who and the how.) Example 5: Which courts were added to the Ohio judicial system in 1851? Example 6: Explain how the selection of judges and justices changed between 1802 and Example 7: How did the 1851 Constitution change the travel requirement of the state Supreme Court? Reflect: Of the changes mentioned in this activity, which do you think had the greatest impact on how the Ohio government functions and serves the people? Explain your answer thoroughly icivics, Inc. Primary Source Activity - Side B

6 Dealing with the Documents. Use excerpts from the last page to answer the questions below. Example 1: What two elements have been added to this rule about the General Assembly spending state money? Why did the 1851 Constitution add these two details? 1 it has to be for a SPECIFIC appropriation, 2 it can be made for no longer than two years. The General Assembly gained a reputation for corruption and large state debt. This limited their ability to abuse their power. Examples 2 & 3: What two restrictions are being placed on the General Assembly in these excerpts? The General Assembly must pass laws that are uniform across the state. This means they can t pass laws that apply to some and not others. They are not allowed to pass laws retro-actively. Example 4: How did the Executive change in the 1851 Constitution? (Consider the who and the how.) The offices of Lt. Governor, Auditor, Treasurer, and Attorney General to the branch. These positions were elected, and the Secretary of state went from being appointed to elected as well. Example 5: Which courts were added to the Ohio judicial system in 1851? **TEACHER GUIDE** The District Courts were added along with the Courts of Probate. Example 6: Explain how the selection of judges and justices changed between 1802 and Originally, the judges and justices were appointed by both houses of the General Assembly. The new constitution now requires them to be elected by the people they serve in their areas. Example 7: How did the 1851 Constitution change the travel requirement of the state Supreme Court? The Supreme Court was no longer required to travel to each county. Instead it created District Courts that had judges from the Supreme Court and the Court of Common Pleas meet in the counties. Reflect: Of the changes mentioned in this activity, which do you think had the greatest impact on how the Ohio government functions and serves the people? Explain your answer thoroughly. Student answers will vary icivics, Inc. Primary Source Activity - Side B

7 A. Before and After. Use the space below to draw the three branches in 1802 and again in You can use scale (size), descriptions, and your artistic side to show the differences. B. Adding On, Rather than Starting Over. In 1873 a new constitution was proposed, but the voters of the state rejected it. Learning from that experience, leaders tried a different approach amendments! In 1912, voters adopted 33 of the 41 proposed amendments to the 1851 Constitution. Additional changes and updates have occurred since 1912, but none at the scale of 1851 or Read through a sample set of amendments proposed in 1912 and guess which ones passed (put an X), leaving the rejected amendments blank. Grant women the right to vote in the state of Ohio Expand the state s bill of rights Establish a minimum wage Give the governor a line-item veto in appropriation (spending) bills Allow for voter-led initiatives and referendums Use voting machines in elections Abolish the death penalty Allow for home rule of municipalities Strike the word "white" from the 1851 Constitution's definition of voter eligibility 2016 icivics, Inc. Lesson Activities - Side A

8 C. Brought to You By... Ohio officials were selected through different means over the history of the state. Label each office with ELECTED or APPOINTED. _ Governor _ Secretary of State _ State Judges _ Members of the General Assembly _ Governor _ Secretary of State and other Executive Officials _ State Judges _ Members of the General Assembly Did the 1851 Constitution increase or decrease the level of citizen impact on government? Explain your answer. D. Maps! Use the two maps below to explain the reasoning behind changing the requirement that states that the Ohio Supreme Court must meet in each county once a year. Ohio Counties 1851-Now 1. Why did the 1802 traveling Supreme Court requirement make more sense at the time it was written? 2. What changed between the 1802 map and the 1851 map? How does this present a challenge to the Ohio Supreme Court? 3. How did the 1851 Constitution address this issue? 2016 icivics, Inc. Lesson Activities - Side B

9 Problem? Solution! Match a problem or challenge facing the Ohio government with the solution provided in the 1851 Constitution. (Some problems may need more than one solution, and some solutions solve more than one problem!) Explain it! Take a close look at your messy matching and answer the questions below. Which problem took the most solutions to try to solve? Which solution seemed to solve the most problems icivics, Inc. Lesson Activities - Side C

10 **TEACHER GUIDE** A. Before and After. Use the space below to draw the three branches in 1802 and again in You can use scale (size), descriptions, and your artistic side to show the differences. General Assembly (Legislative Branch) Few checks on legislative power, holds great power Students answers will vary. General Assembly (Legislative Branch) G.A. appoints nearly all offices in other branches Offices are now elected by the people Executive Branch Governor & Sec. of State Little power, only two positions Judicial Branch Supreme Court & Court of Common Pleas Traveling Supreme Court, two levels Executive Branch Governor, Sec. of State, NOW four additional positions Governor still has few powers, but the branch has grown Judicial Branch Supreme Court, NEW District Courts, Court of Common Pleas Supreme Court stays put, new courts help with demand B. Adding On, Rather than Starting Over. In 1873 a new constitution was proposed, but the voters of the state rejected it. Learning from that experience, leaders tried a different approach amendments! In 1912, voters adopted 33 of the 41 proposed amendments to the 1851 Constitution. Additional changes and updates have occurred since 1912, but none at the scale of 1851 or Read through a sample set of amendments proposed in 1912 and guess which ones passed (put an X), leaving the rejected amendments blank. Grant women the right to vote in the state of Ohio Expand the state s bill of rights Legislature can establish a minimum wage Give the governor a line-item veto in appropriation (spending) bills Allow for voter-led initiatives and referendums Use voting machines in elections Abolish the death penalty Allow for home rule of municipalities Strike the word "white" from the 1851 Constitution's definition of voter eligibility 2016 icivics, Inc. Lesson Activities - Side A

11 C. Brought to You By... Ohio officials were selected through different means over the history of the state. Label each office with ELECTED or APPOINTED. **TEACHER GUIDE** _ ELECTED Governor _ APPOINTED Secretary of State _ APPOINTED State Judges _ ELECTED Members of the General Assembly _ ELECTED Governor _ ELECTED Secretary of State and other Executive Officials _ ELECTED State Judges _ ELECTED Members of the General Assembly Did the 1851 Constitution increase or decrease the level of citizen impact on government? Explain. Citizen power was increased because the people were able to directly elect more government officials. D. Maps! Use the two maps below to help explain the reasoning behind changing the requirement that states that the Ohio Supreme Court must meet in each county once a year. Ohio Counties 1851-Now 1. Why did the 1802 traveling Supreme Court requirement make more sense at the time it was written? There were significantly less counties to cover. In 1802 there were only nine counties to travel to, so it seemed reasonable. 2. What changed between the 1802 map and the 1851 map? How does this present a challenge to the Ohio Supreme Court? The number of counties grew from 9 to 88. Being forced to visit ALL the counties was nearly impossible in a year s time. It also limited how many cases could be heard from each county. 3. How did the 1851 Constitution address this issue? The Supreme Court was no longer required to travel. A new level of District Courts were created to help with the cases before they reached the Supreme Court icivics, Inc. Lesson Activities - Side B

12 **TEACHER GUIDE** Problem? Solution! Match a problem or challenge facing the Ohio government with the solution provided in the 1851 Constitution. (Some problems may need more than one solution, and come solutions solve more than one problem!) Explain it! Take a close look at your messy matching and answer the questions below. Which problem took the most solutions to try to solve? The General Assembly was so powerful that it took four major changes to fix it: elected judicial and executive officials, law-making restrictions, limits on debt levels and taxes, no retroactive laws. Which solution seemed to solve the most problems. Placing restrictions on the kind of laws the General Assembly could pass helped address three problems: General Assembly being too powerful, citizen distrust of government, and unequal application of laws icivics, Inc. Lesson Activities - Side C