Ohio’s Constitution

Unit Overview

In this unit, students will identify the difficulties in governing Ohio under its first Constitution and identify how the Ohio Constitution complements the federal structure of government in the United States. (CS #16)

Section A: Content Statement 16

As a framework for the state, the Ohio Constitution has similarities and differences to the federal Constitution; it was changed in 1851 to address difficulties governing the state.

Content Elaboration

Similarities between the Ohio and U.S. Constitutions:

• separation of powers into three branches (executive, judicial, legislative);

• checks and balances;

• limited government;

• bill of rights;

• popular sovereignty; and

• elections.

Differences between the Ohio and U.S. Constitutions:

Ohio Constitution

• Citizens can directly vote on laws through initiative and referendum.

• Judges are elected.

• Legislators are term-limited.

U.S. Constitution

• Legislators vote on laws for citizens.

• Judges are appointed.

• Legislators do not have term limits.

In 1851 a new Ohio Constitution was written which made several changes to improve governing including:

• Major executive officials and all judges were to be elected.

• District courts were added.

• Debt limitations were instituted

Let's Practice: Content Statement 16

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Section B: Ohio’s Constitution 1851

CC Video

Under Ohio’s original Constitution, the General Assembly was the preeminent branch of the government. Key judicial and executive officers, other than the governor, were appointed by the legislature and were not elected by the people of Ohio. The governor, although an elected official, had few specific powers. The Supreme Court, which was required to meet once each year in every county, found it challenging to meet its obligations. Also, the state was burdened with a significant amount of debt.

The Constitution of 1851 provided that principal executive officials and all judges were to be elected by popular vote. While the powers of the governor were not significantly increased, legislative powers to enact retroactive laws were prohibited, and all laws of a general nature were required to be uniform throughout the state. District courts were added to the court system to reduce the burdens upon the Supreme Court. The new Constitution instituted debt limitations, banned poll taxes, and required that tax funds be used only for their stated purpose.

Let's Practice: True or False

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Section C: Federalism

CC Video

Under our federal system, the powers of government are assigned as follows:

· Delegated Powers: powers which the Constitution gives only to the national government

· Reserved Powers: powers which were kept by the states and belong solely to the state government

· Concurrent Powers: powers shared by both the state governments and the national government

For example, Ohio has the power to levy taxes, define crimes and punishments, determine voting qualifications, and borrow money. However, there are certain powers that Ohio is prohibited from exercising. These powers include declaring war, negotiating treaties, and issuing money, regulating trade between states, and maintaining a military force.

Like the United States Constitution, the Ohio Constitution has many of the same principles that form the framework of the United States government. Both documents organize government into three separate branches – the legislative, the executive, and the judicial. In both documents, each branch is independent of the other two and has defined powers and responsibilities. Also, both documents begin with a Preamble that starts with the word. “We, the people.”

Look below at the chart to study the similarities and differences between Ohio and the United States Constitution.

Ohio’s Constitution	Ohio and United States Constitution	United States Constitution
Citizens can directly vote on laws through initiative and referendum.	separation of powers into three branches	Legislators vote on laws for citizens.
Judges are elected.	checks and balances	Judges are appointed.
Legislators are term-limited.	limited government	Legislators do not have term limits.

Let’s Practice: Federalism