The Ohio Constitution is the basic document of the Ohio State government, which in 1803 became the 17th country to join the United States. Ohio has had three constitutions since the state was granted.
Ohio was created from the easternmost part of the Northwest Territory. In 1787, the United States Confederate Congress passed the Northwest Ordinance, established a territorial government and provided that "[here] shall be established in that territory, not less than three or more than five states." Ordinances prohibit slavery and are provided for freedom of worship, the right of
Video Constitution of Ohio
Constitution 1802
The Ohio population grew steadily in the 1790s and early 19th century. Congress passed an enabling bill to establish a new state, to which President Thomas Jefferson signed the law on 30 April 1802. The state constitutional convention was held in November 1802 in Chillicothe, Ohio, and adopted what is known as the 1802 Constitution. See Ohio Constitutional Convention (1802). Mostly because of the assumption that the territorial Governor of Arthur St. Clair has been ruling hard, the constitution provides "weak" governors and judges, and protects almost all power in the bicameral legislature, known as the General Assembly. Congress only recognizes the existence of "the state of Ohio" rather than passing a separate resolution that states Ohio a country as it has done and will do with other new countries. On February 19, 1803, President Jefferson signed the bill into law. It provides that Ohio "has become one of the United States," and that the Federal law "will have similar powers and effects in the mentioned State of Ohio, as elsewhere in the United States."
Many tax protesters use this as an argument that Ohio was not a state until 1953. But see Bowman v. United States, 920 F. Supp. 623 n.1 (E.D. Pa. 1995) (discussing the 1953 joint Congress resolution that solidified the status of Ohio as a retroactive state up to 1803).
The first General Assembly first met in Chillicothe, the new state capital, on 1 March 1803. This has been regarded as a state date of Ohio.
Maps Constitution of Ohio
1851 Constitution
By law, Ohio voters are required every twenty years whether a new constitutional convention should be called. In the early decades of the state, it became clear that the General Assembly disproportionately reigned in comparison with the executive and judicial branches. Many state businesses are made through private bills, and partisan fights greatly reduce the ability of the state government to do its work. The legislature is widely considered corrupt, subsidizes private companies and grants special rights in corporate charters. State debt also exploded between 1825 and 1840. The new constitution, which greatly improved the checks and balances of power, was drafted by the convention in 1850-51, as directed by the electorate, and subsequently adopted in a state referendum on June 17, 1851., came into force on September 1 that year. This is the same constitution in which the state of Ohio operates. The "Constitution" is then seen as such, but the reality is a large-scale revision.
convention convention 1873
A constitutional convention in 1873, chaired by US Supreme Court Justice Morrison R. Waite, proposed a new constitution that would provide annual legislative sessions, a veto for governors who could be defeated by three-fifth votes. individual homes, the establishment of state circuit courts, women's eligibility for school council elections, and municipal debt restrictions. It was clearly defeated by the electorate in August 1873.
1912 Constitution
In the Progressive Era, the latent demand for reform led to the convention of another constitution in 1912. Delegates were generally progressive in their view, and noted Ohio historian George W. Knepper wrote, "Perhaps the largest group ever assembled in Ohio to consider the affairs state. "Some national leaders speak of the convention, including President William Howard Taft, an Ohioan; former president (and Moose Bull Party candidate) Theodore Roosevelt; three-time presidential candidate William Jennings Bryan; Progressive governor of California, Hiram Johnson; and the reformist-minded governor of Ohio, Judson Harmon.
Considering how the 1873 convention works is all in vain, the 1912 convention drafted and submitted to voters a series of amendments to the 1851 Constitution. The amendment extended the state rights law, provided for voter-initiated initiatives and referendums, the protection of established civil servants, and to the governor a line item veto in the designation bill. Other amendments empower the legislature to improve working hours, establish minimum wages and workers' compensation systems, and tackle other progressive measures. A proposed home rule amendment for Ohio cities with populations above 5,000.
On September 3, 1912, despite strong conservative opposition, voters adopted 33 of 41 proposed amendments. It was so sweeping change in the 1851 Constitution that most law scholars consider it to be the new "Constitution of 1912". Among the eight defeats of proposed amendments are women's suffrage, use of voting machines, outdoor advertising regulations and abolition of death penalty. Voters also rejected the proposal to attack the word "white" from the definition of voting power of 1851 Constitutional voters. Although blacks may vote in all State and Federal elections in Ohio because of the Fifteenth Amendment, the text of the State Constitution did not change until 1923.
Current Constitution
With many later amendments, the Constitution of 1851/1912 remains the legal basis of the state to this day.
The current state constitution contains the following articles:
- Preamble - One of the shortest preambles of any country's constitution:
"We, the people of the State of Ohio, thank the Almighty God for our independence, to secure his blessings and improve our common well-being, make this Constitution set."
- Article I: Bill of Rights
"Ohio Constitution Bill of Rights" consists of 23 sections. The Ohio Constitutional Rights Bill is substantially similar to a federal partner but also includes the right to change, reform or abolish the government; right of conscience and education; the right to crime victims; a ban on imprisonment; and the right to pay compensation for wrongful deaths.
- Article II - Legislative
- Article III - Executive
- Article IV - Judicial
- Article V - Franchise Options
- Article VI - Education
- Article VII - Public Institution
- Article VIII - Public Debt and Public Works
- Article IX - Militia
- Article X - City and Town Organization
- Article XI - Weighing
- Article XII - Finance and Taxation
- Article XIII - Corporations
- Article XIV - Jurisprudence (revoked)
- Article XV - Miscellaneous
- Article XVI - Amendments
- Article XVII - Selection
- Article XVIII - City Corporations
- Schedule
In 1995, Article 5, Section 8 was deemed unconstitutional by the United States Supreme Court in the United States. Term Limits, Inc. v. Thornton . (It has imposed a deadline on federal representatives and senators.)
See also
- Law of Ohio
References
External links
- Ohio State of State is a guardian of the amendments to the Ohio constitution (see Art XVI, Ã, §§§ and ORC§§ 3501,05 and Ã,§ 111,08), and manages online here.
- The original constitutional document is held by the Ohio Historical Society, as mandated by the Ohio General Assembly (O.R.C§§§ 111.08). OHS has an online copy of the original text.
- The Ohio legislature also has a copy of the online constitution.
- The Cleveland-Marshall Law Faculty Professor Steven Steinglass and Legal Librarian Sue Altmeyer run the Ohio Constitution and History Law Site. This site has links to the historical version of the Constitution and the Constitution; Proposed Amendment and Sound Table, with ballot papers or amendments, if available; the current Supreme Court of Ohio decision and the upcoming cases relating to the Ohio Constitution and the bibliography of relevant books and articles.
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