Presentation on theme: "Ohio Constitution Time to learn about it!"— Presentation transcript:
1Ohio Constitution Time to learn about it! (Can you tell how it compares/contrasts with the United States Constitution?)
2A constitution is… The fundamental law of a state or nation. Written document agreed to by the people.Gets its power/authority from the people it governs.Organizes government into branches, explains what their powers are, and specifies how those powers are to be exercised.A constitution is the fundamental law of a state or nation. It is a written document agreed to by the people and thus derives it authority from those it governs. A constitution establishes the nature and character of the state or national government. It organizes government into various branches, prescribes their powers, and specifies the extent to which these powers may be excercised.
3OHIO’S CONSTITUTION… Is the fundamental law of Ohio. Is second only to The United States Constitution,Acts of Congress (federal level), orTreaties that the United States has entered into with other nations.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.
4Ohio’s constitution… history dates back to the Northwest Ordinance! was first approved by Congress in 18021st step to Ohio’s admission into the Union as a state.Ohio became a state in 1803!that is the fundamental law of Ohio today is actually the 2nd constitution!It’s called the Constitution of 1851 , andHas been amended to be the law we know today.It substantially revised the relationships among the 3 branches of Ohio’s government.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.
5Under the 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.Amendments may also be proposed by initiative petition and constitutional convention.
6Important amendments approved in 1912… Court and legislative reformProtections for workersIncreased authority for local governmentInitiative and referendumIn 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.
7Amendments to the OC since 1912… Many amendments have authorized the issuance of state bonds (funding) for various purposes…Veterans’ bonusesHighway & school constructionEconomic developmentEnvironmental cleanupOther amendments have dealt with a variety of issues…Classification of property for tax purposesOrganization of the judiciary branchGovernor’s power to grant pardons & communicationsTerm limits for legislatorsDefinition 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.
8The Ohio Constitution… Sets forth the framework and powers of state government.Provides the protections of a Bill of Rights.Is a starting point for researching a wide variety of issues.Is LARGE!!!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.
9Why is the OC so large? It’s a working document. It’s a catalog of legislative powers of the General Assembly – “Ohio’s state congress.”It’s a legislative guide.It’s a parliamentary guide.It’s a drafting manual.The Ohio Constitution is a catalog of legislative powers. It’s the primary source of the substantive powers of the General Assembly and the many limitations on the exercise of those powers. (Ohio’s General Assembly is the legislative body for Ohio… It’s like “Ohio’s state congress.”) It’s a legislative guide. The Ohio Constitution contains provisions on how the General Assembly organizes itself and conducts its business. It’s a parliamentary guide. The OC instructs the General Assembly on how to proceed in carrying out its powers. It specifically addresses items such as separate roll call votes, votes requiring special majorities, and the appropriate legislative instrument required in certain circumstances. It’s a drafting manual. The OC contains specific instructions for preparing a bill. For example, declares that a bill must be styled in a certain manner, that a bill is to contain only one subject and that the subject be clearly expressed in the title, that when a bill amends an existing section of the law, that section must be forth in the bill in full, that a tax measure must state distinctly its object to which only it must be applied, and that an emergency clause must, in addition to declaring an emergency, state the reasons for the emergency. WHEW! THAT’S A LOT!
10Still… Why does it have to be so LOOOONG? More inclusive (detailed) than the United States Constitution.Has provisions pertaining toElectionsLocal governmentFinance & taxationPublic educationMany other subjects that the USC barely mentions or doesn’t even mention!Ohio Constitution limits state government; United States Constitution delegates authority to the national government.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.
11How’s the Ohio Constitution Structured? Organization of the Ohio ConstitutionBroad categories highlighting basic featuresPreambleI Bill of RightsII LegislativeIII. ExecutiveIV. JudicialV Elective FranchiseVI. EducationVII. Public InstitutionsVIII. Public Debt & Public WorksIX. MilitiaX County & Township OrganizationsXI. ApportionmentXII. Finance & TaxationXIII. CorporationsXIV. MiscellaneousXVI. AmendmentsXVII. ElectionsXVIII. Municipal CorporationsSchedulePreambleBill of Rights3 branches of governmentProvisions 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.
12Principles of Government Separation of PowersMeans that the powers of government are allocated to 3 separate branches, each with its own personnel.A person in one branch cannot exercise the powers given to another branch.Implied from the structure of the document.Three separate powers (legislative, executive, & judicial) brought together in 3 separate and distinct entities (the General Assembly, the Governor, and the Judiciary).Checks & BalancesPrevents power from being concentrated in or abused by one branch of government.Examples:Governor can vetoGeneral assembly can override a vetoCourts make “common law”General Assembly can pass legislation that modifies common lawCourts may restrain by declaring legislation unenforceable (unconstitutional)General Assembly has certain special powers:House can impeach; Senate tries impeachment casesDefine jurisdiction of courts & create new courts, dictate how state judges are elected, and set the pay of state judges, the Governor, and other executive officers.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.
13YOUR TURN! See how the two compare/contrast! OHIOCONSTITUTIONUNITED STATES CONSTITUTIONHOW ARE THEY SIMILAR?What about the Ohio Constitution is DIFFERENT than the US Constitution?List or describe at least 5 ways/things.What about the United States Constitution is DIFFERENT than the Ohio Constitution?List or describe at least 5 ways/things.Your assignment is to come up with as many similarities and differences as you can about the Ohio Constitution and the United States Constitution. Use the information provided in this PowerPoint presentation, as well as your copies of the United States Constitution and Ohio Constitution, and your Constitution Study Guide! You must have at least 5 items for how the Ohio Constitution is different than the US Constitution, 5 items for how the US Constitution is different than the Ohio Constitution, and 10 items showing how the two are similar.List or describe at least 10 ways/ things that are the same or similar between the 2 documents.
14If you’re interested, you can take a look at these sites If you’re interested, you can take a look at these sites. I used them to make up this PowerPoint. There is a plethora of information out there about both the Ohio Constitution and the United States Constitution. These two documents were written for Ohio General Assembly members to get a “grip” on how the Ohio Constitution is structured, the history behind the document, and to help them do their jobs as our representatives at the state level.