The Ohio Constitution
Ohio Ohio part of The Northwest Territory; created 1787 by Northwest Ordinance of 1787 Divided Northwest Territory into smaller territories April 1802 Jefferson signs law into act authorizing Ohio to become a state Terms for Constitutional Convention established; meet and adopt Ohio s 1st constitution Congress and Jefferson approve constitution; Ohio becomes state in 1803
Similarities of 1802 Ohio Constitution and U.S. Constitution Created legislature (General Assembly vs Congress) bicameral legislature is most powerful branch listed all powers of the legislature relied on frequent elections and popular rule to limit legislature Bill of Rights: freedom of religion, right to jury trial, right to reasonable bail, prohibited slavery, all white men could vote if hey paid taxes; no vote for AA men
Other components of Ohio Constitution General Assembly appointed all state and county judges and selected all state executive officers except for governor Governor: chief executive; served for 2 years; elected by popular vote; execute the law; lacked veto power; lacked appointment power of own administrative officers The Judiciary: Ohio Supreme Court required to meet each year in every county
io Constitution 1851 Ohioans want to replace 1st Constitution because: authors failed to see future problems General Assembly corrupt; granted favors to Ohio companies state s debt had grown
Ohio Constitution of 1851 Sought to reduce General Assembly (GA) authority All judges and other executive officers now elected by voters GA could not pass retroactive laws GA continued to be dominant branch of Ohio state government
Ohio Constitution of 1851 Governor s Office Term: 2 to 4 years Only 2 terms Recommend legislation to GA Deliver State of the State address Commander-In-Chief of Ohio s militia Call legislature into special session if necessary Veto power in 1903 and line-item veto 1912
Ohio Constitution of 1851 The Judiciary Growth of Ohio population made it impossible for OSC to meet in every county Overhauled state s court; lightened load of OSC by adding a 3rd level of district courts; district courts added between OSC and lower courts State Debts and Taxes Limited total debt of Ohio to $750,000 based on requirement that state provide financial aid to canals, RRs and turnpike companies Banned poll taxes All classes of property taxed at same rate according to value Law imposing tax had to specifically identify purpose of the tax; all funds raised could only be used for that purpose
Ohio Constitution of 1851 Bill of Rights All men free with inalienable rights, right to peacefully assemble, petition for redress of grievances, right to bear arms, trial by jury, banned slavery, freedom of religion, freedom of speech/press, don t have to be witness against self, no double jeopardy Future Amendments and Constitutions either house of GA can propose amendments to Constitution, if 3/5 of each house approve amendment it must be sent to electorate for rejection/approval Every 20 years voters decide if constitutional convention needed
Approval of the Ohio Constitution of 1851 March 1851: Constitutional Convention June 1851: new constitution overwhelmingly approved by voters Has been amended many times
Ohio vs U.S. Constitution
Federal System Delegated Reserved Concurrent
The Ohio Constitution