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Ohio Constitution
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Is the fundamental law of Ohio. Is second only to
OHIO’S CONSTITUTION… Is the fundamental law of Ohio. Is second only to The United States Constitution and federal laws The Ohio Constitution is the fundamental law of Ohio. It is subject only to the restrictions of the US Constitution, acts of Congress, and international treaties that the US is a part of. In other words, the only things that “trump” or “out do” the Ohio Constitution for Ohio residents are the US Constitution, acts of our national Congress or treaties that the United States is a part of.
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Was first approved by Congress in 1802
Ohio’s constitution… Was first approved by Congress in 1802 1st step to Ohio’s admission into the Union as a state. Ohio became a state in 1803! The Northwest Ordinance laid the foundation for Ohio, its Constitution, and many of the rights outlined in it. Ohio’s first constitution was approved by Congress in 1802 as a first step to Ohio’s admission to the United States. Ohio’s second constitution, the Constitution of 1851, after being amended through the years, is today’s fundamental law of Ohio. Why was it changed? There were problems with debt in the 1840s (to the tune of $2 million!) and also issues with the judicial branch. There were only a few judges to hear all the cases in the different counties – not enough of them to get through things efficiently. So, the legislative branch lost some authority, though it still has a lot, judges and major executive officers were to be elected by popular vote. The debt amount was limited to $750,000 and any money created from the things the debt was made from had to go back to those areas to pay back the debt…. Furthermore, poll taxes were banned and it was mandated that all property be taxed by “uniform rule” – the same rate – according to the property value. Every law imposing a tax had to state the purpose of the tax, and funds raised by a tax could be used only for the stated purpose.
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Ohio law today is actually the 2nd constitution!
Ohio’s constitution… Ohio law today is actually the 2nd constitution! It’s called the Constitution of 1851 and has been amended to be the law we know today. The Northwest Ordinance laid the foundation for Ohio, its Constitution, and many of the rights outlined in it. Ohio’s first constitution was approved by Congress in 1802 as a first step to Ohio’s admission to the United States. Ohio’s second constitution, the Constitution of 1851, after being amended through the years, is today’s fundamental law of Ohio. Why was it changed? There were problems with debt in the 1840s (to the tune of $2 million!) and also issues with the judicial branch. There were only a few judges to hear all the cases in the different counties – not enough of them to get through things efficiently. So, the legislative branch lost some authority, though it still has a lot, judges and major executive officers were to be elected by popular vote. The debt amount was limited to $750,000 and any money created from the things the debt was made from had to go back to those areas to pay back the debt…. Furthermore, poll taxes were banned and it was mandated that all property be taxed by “uniform rule” – the same rate – according to the property value. Every law imposing a tax had to state the purpose of the tax, and funds raised by a tax could be used only for the stated purpose.
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Why the need for a new constitution?
Under the Constitution of 1802 the General Assembly (legislature) was too powerful The executive and judicial branches were too “weak” to have any real influence In 1910, there was a push for PROGRESSIVE CHANGE in Ohio. We will learn about this time period called the Progressive Era later in the year, but it’s important to understand that it wasn’t just a time period to learn about… It actually affected OHIOANS! Ohio Progressives wanted to grant “home rule” to cities, allow women to vote, and increase popular participation in government. In addition, popular support existed for such issues as court procedural reform and legislative regulation of the workplace. Instead of writing a new constitution, the 1912 convention proposed a series of amendments, many of which the voters approved. Some amendments altered the right to trial by jury, the right to confront witnesses, the right to seek redress in the courts. Others extended the direct primary to ALL elections, granted powers of initiative and referendum to the voters, and gave the Governor the authority to exercise an item veto in appropriation acts. Several amendments provided protections for workers, including amendments authorizing the General Assembly to 1) provide liens by which workers could secure payment for labor or materials, 2) fix and regulate the hours of labor, 3) establish minimum wage, and 4) provide for the “comfort, health, safety, and general welfare” of employees. Another amendment authorized the General Assembly to establish a compulsory workers’ compensation system. Finally, provisions relating to the “home rule” of Ohio municipal corporations were adopted in 1912.
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Why the need for a new constitution?
Constitution of 1802 allowed Generally Assembly to pass bills for specific people or businesses (called private bills) This led to corruption, special favors to corporations, and rising debt In 1910, there was a push for PROGRESSIVE CHANGE in Ohio. We will learn about this time period called the Progressive Era later in the year, but it’s important to understand that it wasn’t just a time period to learn about… It actually affected OHIOANS! Ohio Progressives wanted to grant “home rule” to cities, allow women to vote, and increase popular participation in government. In addition, popular support existed for such issues as court procedural reform and legislative regulation of the workplace. Instead of writing a new constitution, the 1912 convention proposed a series of amendments, many of which the voters approved. Some amendments altered the right to trial by jury, the right to confront witnesses, the right to seek redress in the courts. Others extended the direct primary to ALL elections, granted powers of initiative and referendum to the voters, and gave the Governor the authority to exercise an item veto in appropriation acts. Several amendments provided protections for workers, including amendments authorizing the General Assembly to 1) provide liens by which workers could secure payment for labor or materials, 2) fix and regulate the hours of labor, 3) establish minimum wage, and 4) provide for the “comfort, health, safety, and general welfare” of employees. Another amendment authorized the General Assembly to establish a compulsory workers’ compensation system. Finally, provisions relating to the “home rule” of Ohio municipal corporations were adopted in 1912.
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Under the new Constitution of 1851…
Proposed amendments to the Constitution that are agreed to by three-fifths (3/5) of the members of each house of the General Assembly are submitted to the voters for approval or rejection.
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Important amendments approved in 1912…
Court and legislative reform Protections for workers Increased authority for local government Initiative and referendum In 1910, there was a push for PROGRESSIVE CHANGE in Ohio. We will learn about this time period called the Progressive Era later in the year, but it’s important to understand that it wasn’t just a time period to learn about… It actually affected OHIOANS! Ohio Progressives wanted to grant “home rule” to cities, allow women to vote, and increase popular participation in government. In addition, popular support existed for such issues as court procedural reform and legislative regulation of the workplace. Instead of writing a new constitution, the 1912 convention proposed a series of amendments, many of which the voters approved. Some amendments altered the right to trial by jury, the right to confront witnesses, the right to seek redress in the courts. Others extended the direct primary to ALL elections, granted powers of initiative and referendum to the voters, and gave the Governor the authority to exercise an item veto in appropriation acts. Several amendments provided protections for workers, including amendments authorizing the General Assembly to 1) provide liens by which workers could secure payment for labor or materials, 2) fix and regulate the hours of labor, 3) establish minimum wage, and 4) provide for the “comfort, health, safety, and general welfare” of employees. Another amendment authorized the General Assembly to establish a compulsory workers’ compensation system. Finally, provisions relating to the “home rule” of Ohio municipal corporations were adopted in 1912.
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Amendments to the OC since 1912…
Amendments have been passed to authorized the use of state funds and to solve issues Veterans’ bonuses Highway & school construction Environmental cleanup Term limits for legislators Definition of marriage The Constitution has been amended often since Many of the amendments have authorized the issuance of state bonds for various purposes such as veterans’ bonuses, highway & school construction, economic development, & environmental cleanup. Other amendments have dealt with fundamentally different issues such as classification of property for tax purposes, the organization of the judiciary, the Governor’s power to grant pardons and communications, term limits for legislators, and the definition of marriage.
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The Ohio Constitution…
Sets forth the framework and powers of state government. Provides the protections of a Bill of Rights. The Ohio Constitution sets forth the framework and powers of state government and provides the protections of a Bill of Rights. It’s a starting point for researching a wide variety of issues, especially those that relate to the exercise of legislative powers. While it is a starting point for research on various topics, you will likely have to look at other documents like the United States Constitution, the Ohio Revised Code, the Ohio Administrative Code, the rules and joint rules of the House & Senate, Mason’s Manual of Legislative Procedure, the rules of the Ohio Supreme Court, and the charters and ordinances of municipal corporations to answer the variety of questions that you may have about the workings of Ohio government, laws and their constitutionality, or other topics that may interest you. The Ohio Constitution, like other state constitutions, contains much more detail with respect to structure and operation of government than does the United States Constitution. It is LARGE! The Ohio Constitution has over 36,000 words, compared to the US Constitution that has about 9,200 words.
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The Ohio Constitution…
Is a long document The Ohio Constitution has over 36,000 words The US Constitution has about 9,200 words The Ohio Constitution sets forth the framework and powers of state government and provides the protections of a Bill of Rights. It’s a starting point for researching a wide variety of issues, especially those that relate to the exercise of legislative powers. While it is a starting point for research on various topics, you will likely have to look at other documents like the United States Constitution, the Ohio Revised Code, the Ohio Administrative Code, the rules and joint rules of the House & Senate, Mason’s Manual of Legislative Procedure, the rules of the Ohio Supreme Court, and the charters and ordinances of municipal corporations to answer the variety of questions that you may have about the workings of Ohio government, laws and their constitutionality, or other topics that may interest you. The Ohio Constitution, like other state constitutions, contains much more detail with respect to structure and operation of government than does the United States Constitution. It is LARGE! The Ohio Constitution has over 36,000 words, compared to the US Constitution that has about 9,200 words.
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Why does the O.C. have to be so long?
More inclusive (detailed) than the United States Constitution. Has provisions pertaining to Elections Local government Finance & taxation Public education And many more! You’ve studied the United States Constitution – you’ve read it and gone through each piece of it… You might be wondering at this point – How come the Ohio Constitution is so large? If what you’ve heard so far hasn’t been enough, maybe it will help to look at how the Ohio Constitution is actually set up. The Ohio Constitution, like other state constitutions, contains much more detail with respect to structure and operation of government than the US Constitution does. It contains provisions pertaining to elections, local government, finance and taxation, public education, and many other subjects that may be barely mentioned or not mentioned at all in the United States Constitution. Generally, the Ohio Constitution limits state governmental authority while the United States Constitution delegates authority to the national government.
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How’s the Ohio Constitution Structured?
Organization of the Ohio Constitution Broad categories highlighting basic features Preamble I Bill of Rights II Legislative III. Executive IV. Judicial V Elective Franchise VI. Education VII. Public Institutions VIII. Public Debt & Public Works IX. Militia X County & Township Organizations XI. Apportionment XII. Finance & Taxation XIII. Corporations XIV. Miscellaneous XVI. Amendments XVII. Elections XVIII. Municipal Corporations Schedule Preamble Bill of Rights 3 branches of government Provisions relating to administration of government and subject of law that applies to essential legal principles and rules of right. (Substantive Law) Conclusion – Schedule (Dates & Transition from old to new Constitution) By looking at an outline of the Ohio Constitution’s structure or set up, you may see some similarities to . States Constitution… You may also note some differences. The OC is organized into numbered “articles”, each of which is divided into numbered “sections.” It begins with a Preamble. Article I contains the state Bill of Rights. Articles II, III, and IV establish 3 branches of government (legislative, executive, and judicial). Articles V through XVIII (18) contains provisions relating to the administration of government and subjects of substantive law – law applying to essential legal principles and rules of right. The Ohio Constitution concludes with a schedule of provisions relating to effective dates and the transition from the original constitution that was written in 1802.
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Principles of Government
Separation of Powers Three Branches Checks & Balances No branch of government can become too powerful Since you’ve studied the United States Constitution, you may see parallels in the Constitution Principles in the Ohio Constitution as well. There are two that this presentation highlights. First is the Separation of Powers. As you’ve learned, this means that the powers of government are allocated to 3 separate branches, each having its own personnel – or people – that make it up. A person in one branch cannot exercise powers vested, or given to, another branch. For example, a judge in the judicial branch cannot exercise a legislative power any more than a Senator or a Representative in the legislative branch can exercise a judicial power. Many state constitutions contain an express declaration that the state government is divided into 3 separate and distinct branches… The Ohio Constitution does not make such a declaration. Separation of Powers is implied in the Ohio Constitution from the structure of the document. The Constitution of 1851 confers the 3 powers of government (legislative, executive, & judicial) upon 3 separate and distinct governmental entities (the General Assembly, the Governor, and the Judiciary) in Articles II, III, and IV. HOWEVER! The separation of powers is NOT absolute. The principle of checks & balances authorizes one branch of government to act as a restraint on another branch. For example, the Governor may restrain the General Assembly by vetoing legislation. The General Assembly, in turn, can override a veto by a three-fifths vote of each house. The courts make law, known as common law, as they decide cases, but the General Assembly may check this law-making power by enacting legislation that modifies the common law. On the other hand, the courts may restrain the General Assembly by declaring legislation unenforceable if it violates the state or federal constitution. In addition to these checks and balances that are part of the everyday business of government, the General Assembly has certain special powers over the other branches of government. For example, the House of Representatives can impeach the Governor, other executive officers, and state judges. Impeachments are tried by the Senate. This is similar to the powers given to the House & Senate at the Federal level. The General Assembly also has the authority to change the number of justices on the Supreme Court, to define the jurisdiction of the courts of appeals and courts of common pleas, to create new courts inferior to the Supreme Court, to prescribe the mode of election of state judges, and to fix the compensation of state judges, the Governor, and other executive officers.
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How can citizens get involved???
Initiatives and referendums allow citizens to vote directly on legislation You’ve studied the United States Constitution – you’ve read it and gone through each piece of it… You might be wondering at this point – How come the Ohio Constitution is so large? If what you’ve heard so far hasn’t been enough, maybe it will help to look at how the Ohio Constitution is actually set up. The Ohio Constitution, like other state constitutions, contains much more detail with respect to structure and operation of government than the US Constitution does. It contains provisions pertaining to elections, local government, finance and taxation, public education, and many other subjects that may be barely mentioned or not mentioned at all in the United States Constitution. Generally, the Ohio Constitution limits state governmental authority while the United States Constitution delegates authority to the national government.
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How can citizens get involved???
Referendum: Government creates policy and people vote on it (decide whether to approved it). Initiative: People create policy and have it placed on the ballot for a vote. Ohio requires at least 1,000 signatures You’ve studied the United States Constitution – you’ve read it and gone through each piece of it… You might be wondering at this point – How come the Ohio Constitution is so large? If what you’ve heard so far hasn’t been enough, maybe it will help to look at how the Ohio Constitution is actually set up. The Ohio Constitution, like other state constitutions, contains much more detail with respect to structure and operation of government than the US Constitution does. It contains provisions pertaining to elections, local government, finance and taxation, public education, and many other subjects that may be barely mentioned or not mentioned at all in the United States Constitution. Generally, the Ohio Constitution limits state governmental authority while the United States Constitution delegates authority to the national government.
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