Ohio Constitution

Summary

In this video, Brody Conover, Assistant Attorney General of Ohio, provides a historical overview of Ohio’s Constitutions. Beginning with the 1802 Constitution, which created a weak executive branch and consolidated power in the legislature, he details its evolution. The 1851 Constitution balanced powers among government branches and introduced significant reforms, such as creating statewide elected offices and an intermediate appellate court. Conover highlights the Ohio Attorney General’s role in defending the state constitution, noting its flexibility compared to the U.S. Constitution, and how it reflects the unique needs of Ohio’s citizens.

Takeaways

• 😀 Ohio was originally part of the Northwest Territory, which included modern-day Ohio, Indiana, Illinois, Michigan, Wisconsin, and part of Minnesota.
• 😀 The first Ohio Constitution, signed in 1802, created a state with a weak governor and a legislature with the most power, leading to accusations of corruption.
• 😀 The 1802 Constitution required Ohio's Supreme Court to meet in each of Ohio's 17 counties, a practice that became unmanageable as the state grew to 88 counties.
• 😀 By 1851, Ohio's state constitution was revised to address weaknesses, with a focus on balancing power between the executive, legislative, and judicial branches.
• 😀 Ohio's Constitution allows voters to call a constitutional convention every 20 years, with the most recent revision occurring in 1851.
• 😀 The 1851 Constitution introduced intermediate appellate courts, reducing the burden on Ohio's Supreme Court and providing an additional layer of judicial review.
• 😀 In 1846, the Ohio Attorney General's office was created as a statewide office, with the Attorney General elected by the people, rather than appointed by the General Assembly.
• 😀 The 1851 Constitution improved the state's fiscal policies by placing restrictions on debt and taxes, including eliminating the poll tax.
• 😀 Ohio's Constitution is more detailed and longer than the U.S. Constitution, containing over 36,000 words compared to the U.S. Constitution's 9,000 words.
• 😀 The Ohio Constitution is easier to amend than the U.S. Constitution, having been amended over 150 times compared to just 27 amendments to the U.S. Constitution.
• 😀 While the U.S. Constitution provides the basic rights and privileges of citizens, the Ohio Constitution can provide additional protections, but it cannot offer less than what is provided by the U.S. Constitution.

Q & A

What were the key concerns behind the drafting of Ohio's first constitution in 1802?

The key concern behind the drafting of Ohio's first constitution in 1802 was the excessive power that had been given to the governor of the Northwest Territory. Delegates wanted to prevent the governor from holding too much influence, which led to a weak executive branch and a strong legislative branch.

How did the 1802 Ohio Constitution structure the state's government?

The 1802 Ohio Constitution established a government with three branches: executive, legislative, and judicial. However, it granted most powers to the legislative branch, which appointed key judicial and executive officers, while the governor, elected by a statewide vote, had limited authority.

Why did the 1802 Ohio Constitution require the Ohio Supreme Court to meet in every county, and what were the consequences?

The 1802 Constitution required the Ohio Supreme Court to meet in every county to ensure equal access to justice. However, as the number of counties grew from 17 to 88, this provision became unmanageable and overburdened the judicial system, making it difficult to handle the increasing workload.

What were some of the key issues that led to the revision of Ohio's constitution in 1851?

The 1851 revision was driven by corruption in the legislature, a weak executive branch, and an overburdened judicial system. The state's debt also grew due to mismanagement, prompting the need for structural changes to improve governance and accountability.

What major reforms did the 1851 Ohio Constitution introduce?

The 1851 Ohio Constitution introduced several key reforms, including a more balanced distribution of power among the three branches of government, the creation of intermediate appellate courts, and the election of statewide officeholders, including the Attorney General.

How did the 1851 Ohio Constitution impact the office of the Attorney General?

The 1851 Constitution transformed the Attorney General's office by making it an elected position, rather than one appointed by the General Assembly. This change gave Ohio citizens the power to directly elect their Attorney General, which was a significant shift in state governance.

How does the Ohio Constitution differ from the U.S. Constitution in terms of flexibility and amendments?

The Ohio Constitution is much more flexible than the U.S. Constitution, having been amended over 150 times compared to the U.S. Constitution's 27 amendments. Ohio's constitution is longer and more detailed, as it addresses specific state needs, while the U.S. Constitution provides the basic framework for federal governance.

What role does the Ohio Attorney General's office play in defending the state's constitution?

The Ohio Attorney General's office is responsible for enforcing the state's constitution and defending it in court. This includes representing the state in cases before the Ohio Supreme Court, where constitutional issues are often settled.

Can the Ohio Constitution provide more rights than the U.S. Constitution?

Yes, the Ohio Constitution can provide more rights than the U.S. Constitution, but it cannot offer fewer rights. The U.S. Constitution sets the minimum standard of rights, while states can go beyond it, but not below.

Why is the Ohio Constitution considered easier to amend than the U.S. Constitution?

The Ohio Constitution is considered easier to amend because it has been amended over 150 times, compared to the U.S. Constitution's 27 amendments. Ohio allows voters to call for a constitutional convention every 20 years, making it more adaptable to changing circumstances and public demands.