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Constitution of Ohio

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The Constitution of the State of Ohio is the basic governing document of the State of Ohio , which in 1803 became the 17th state to join the United States of America . Ohio has had three constitutions since statehood was granted.

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150-723: Ohio was created from the easternmost portion of the Northwest Territory . In 1787, the Congress of the Confederation of the United States passed the Northwest Ordinance , establishing a territorial government and providing that "[t]here shall be formed in the said territory, not less than three nor more than five states." The Ordinance prohibited slavery and provided for freedom of worship ,

300-608: A standardized system for surveying the land into saleable lots, although Ohio was partially surveyed several times using different methods, resulting in a patchwork of land surveys in Ohio. Some older French communities' property claims based on earlier systems of long, narrow lots also were retained. The rest of the Northwest Territory was divided into roughly uniform square townships and sections, which facilitated land sales and development. The ordinance also stipulated that

450-563: A US army by Native Americans in history. About 623 American soldiers were killed in action, and about 50 Native Americans were killed. Although an investigation exonerated him, St. Clair resigned his army commission in March 1792 at the request of President Washington, but continued to serve as Governor of the Northwest Territory. After St. Clair's defeat, In June 1792, President Washington tapped revolutionary war hero Major General "Mad" Anthony Wayne to avenge St. Clair and assert sovereignty over

600-515: A governor and three judges. As population increased, a legislature was formed as were a succession of counties, eventually totaling thirteen. At the time of its creation, the land within the territory was largely undisturbed by urban development. It was also home to several Native American cultures, including the Delaware , Miami , Potawatomi , Shawnee , and others. There were a handful of French colonial settlements remaining, plus Clarksville at

750-462: A judicial examination of an individual before ineligibility occurs. Section 8 previously imposed term limits on federal representatives and senators. In 1995, this section was struck down as unconstitutional by the Supreme Court of the United States in U.S. Term Limits, Inc. v. Thornton . Article VI details the state's powers regarding education. Ohio has a long history of education being

900-461: A justice's tenure ends only when the justice dies, retires, resigns, or is removed from office through the impeachment process. Since 1789, 15 presidents have made a total of 22 official nominations to the position. The salary of the chief justice is set by Congress; as of 2024, the annual salary is $ 312,200, which is slightly higher than that of associate justices, which is $ 298,500. The practice of appointing an individual to serve as Chief Justice

1050-488: A key role in the hasty passage, given that most Ohioans sided with Jefferson's Republican Party . 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 Congressional resolution that confirmed Ohio's status as a state retroactive to 1803). The first General Assembly first met in Chillicothe,

1200-641: A large Native American state that would cover most of the Old Northwest. It would be independent of the United States and allied with the British, who would use it to block American westward expansion and to build up their control of the North American fur trade headquartered in Montreal. A new colony, named Charlotina , was proposed for establishment in the southern Great Lakes region before

1350-436: A law was unconstitutional. This created the unusual situation that a law could be held unconstitutional in one appellate district but not others. The 1968 amendment repealed this provision. Article V outlines the state's electoral system, including voting rights and term limits. Section 1 establishes the requirements to vote in the state, including requiring voters to register at least thirty days before an election and mandating

1500-462: A major general. He led a punitive expedition involving two Regular Army regiments and some militia. In October 1791 as an advance post for his campaign, Fort Jefferson (Ohio) , was built under his direction. Located in present-day Darke County in far western Ohio, the fort was built of wood and intended primarily as a supply depot; accordingly, it was originally named Fort Deposit. One month later, near modern-day Fort Recovery , his force advanced to

1650-405: A new "1912 Constitution." Among the eight losing proposed amendments were female suffrage , the use of voting machines , the regulation of outdoor advertising and abolition of the death penalty . Voters also rejected a proposal to strike the word "white" from the 1851 Constitution's definition of voter eligibility. Although black people could vote in all State and Federal elections in Ohio due to

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1800-445: A non-partisan commission failed. In 2015, an initiative to create a bipartisan process passed. The amendment expanded the commission to seven members, including appointees of the state's legislative minority leaders. Support from members of both parties was required to pass a plan, though a partisan majority could pass a temporary proposal if no agreement was reached. Partisan gerrymandering is also now explicitly prohibited. This process

1950-530: A part of Indiana Territory starting in 1800) began in 1801, through the Cincinnati land office. After the Revolutionary War ended, Rufus Putnam (the "Father of Ohio") and Manasseh Cutler were instrumental in creating the Northwest Ordinance , which opened up the Northwest Territory for settlement. This land was used to serve as compensation for what was owed to Revolutionary War veterans. It

2100-553: A population, excluding Native Americans, of over 45,000, and Indiana Territory, a population of about 5,600. By the time of Ohio statehood, there were as many as 50 named towns in Northwest and Indiana Territories, a few, like Vincennes, with thousands of settlers, and dozens of unnamed settlements below the Treaty Line in Ohio. Following settlement of the frontier, the great wave of colonial immigration flowed westward, founding

2250-433: A public service. The initial 1802 constitution prohibited laws to prevent poor children from receiving an education. Federal law at the time also granted the state significant lands to sell for the benefit of schools. The funds from these antebellum land sales are still held in trust for the state's schools. The 1851 constitution required the establishment of a public school system. Common school advocates successfully lobbied

2400-510: A three-person commission to devise a code of civil procedure for the state. The commission met in 1852 and crafted such a code based on New York's Field Code , which was used until 1970. Beforehand, the state relied simply on common law practice. This article was repealed in 1953. In 2009, the legislature proposed to create the Ohio Livestock Care Standards Board and decided to include it under Article XIV in

2550-437: A tuition credit system similar to a 529 plan . On a broader note, in 1997, the state supreme court ruled against the state's traditional use of property taxes to fund education in the case of DeRolph v. State . The state legislature soon took action to rectify the matter by proposing a ballot initiative to raise sales taxes, which voters overwhelmingly rejected. Voters also approved a constitutional amendment in 1999 to permit

2700-464: A two-thirds majority of the legislature or by voters in referenda which must be held every twenty years. No such convention has been held since 1912. The other method that can be used to amend the constitution, initiative, is described in Article II. Article XVI also lays out general rules for amendments. Specifically, it requires that ballot language be approved by a five member board consisting of

2850-558: A two-tiered system of classification. Municipalities with over 5,000 people are deemed cities, while those with less than 5,000 people are considered villages. The legislature still passes a general law to provide for municipal powers, but this article also allows for "additional laws" to be passed for municipal governments. (Originally, the text read "special laws," but legal scholar Harvey Walker states that delegates found this language "obnoxious"). Additionally, municipalities can adopt home rule charters laying out their powers. The remainder of

3000-405: A veto over its decisions. The 1851 constitution eliminated this appointment power, although Ohio governors lacked a veto until 1903. Ohio judges still grant the legislature substantial leniency, however. The state supreme court, for example, considers that "all statutes are presumed constitutional." One unusual provision requires that legislative vacancies be filled by an appointment of the members of

3150-408: A wedge-shaped area of present-day Indiana in the southeast known as "the gore". It, along with everything east of the new territory, remained part of the Northwest Territory. This legislation was signed into law by President John Adams on May 7, 1800, and became effective on July 4. On April 30, 1802, Congress passed an enabling act for Ohio that authorized the residents of the eastern portion of

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3300-414: Is John Roberts (since 2005). Five of the 17 chief justices— John Rutledge , Edward Douglass White , Charles Evans Hughes , Harlan Fiske Stone , and William Rehnquist —served as associate justices prior to becoming chief justice. One chief Justice – William Howard Taft – had previously served as President of the United States . The United States Constitution does not explicitly establish an office of

3450-522: Is based on counties and townships . Both entities were created by the Northwest Ordinance and retained following statehood. When passed initially in 1851, the article contained little detail beyond granting local governments the authority to tax. In 1933, however, a substantial revision was passed which introduced home rule to the state. Counties must adopt charters, however, before utilizing their home rule authority. This article discusses

3600-490: Is grounded in tradition; while the Constitution mandates that there be a chief justice, it is silent on the subject of how one is chosen and by whom. There is no specific constitutional prohibition against using another method to select the chief justice from among those justices properly appointed and confirmed to the Supreme Court. Three incumbent associate justices have been nominated by the president and confirmed by

3750-436: Is not a constitutional responsibility of the chief justice. The Constitution does not require that the presidential oath be administered by anyone in particular, simply that it be taken by the president. Law empowers any federal or state judge, as well as notaries public , to administer oaths and affirmations . The chief justice ordinarily administers the oath of office to newly appointed and confirmed associate justices, whereas

3900-710: The American Revolutionary War , provisions in the Articles of Confederation , and various treaties preceding the Northwest Indian War including Treaty of Fort Stanwix (1784) and Treaty of Fort McIntosh (1785). The treaty process extended well beyond the War and existence of the Territory as a political entity. European exploration of the region began with French-Canadian voyageurs in

4050-721: The American Revolutionary War . Congress passed the Proclamation of 1783 , which recognized Native American rights to the land. A council held in 1785 at Fort Detroit declared that the confederacy would deal jointly with the United States, forbade individual tribes from dealing directly with the United States, and declared the Ohio River as the boundary between their lands and those of the American settlers. The Northwest Territory's first governor, Arthur St. Clair , sought to end Native American claims to Ohio land and thus clear

4200-441: The Articles of Confederation so long as these states were allowed to keep their western territory, fearing that those states could continue to grow and tip the balance of power in their favor under the proposed system of federal government. As a concession to obtain ratification, these states ceded their claims on the territory to the federal government: New York in 1780, Virginia in 1784, and Massachusetts and Connecticut in 1785. So

4350-743: The Fifteenth Amendment , the text of the State Constitution was not changed until 1923. Urban voters propelled most the amendments to passage. Rural voters rejected most of them. In 1969, the General Assembly established the Ohio Constitutional Revision Commission. This commission made a number of recommendations to the General Assembly regarding amendments to the constitution. The legislature ended up submitting sixty amendments to

4500-411: The Northwest Ordinance . A bicameral legislature consisted of a House of Representatives and a Council. The first House had 22 representatives , apportioned by population of each county. The House then nominated 10 citizens to be Council members. The nominations were sent to the U.S. Congress, which appointed five of them as the council. This assembly became the legislature of the Territory, although

4650-548: The Ohio Supreme Court 's backlog of cases. The proposed document also made these circuits the final arbiter of facts. Waite took a leading role in this specific proposal. It was soundly defeated by the voters in August 1873. A key provision which led to the defeat was another attempt to permit the licensing of liquor sales. Prohibition advocates rallied popular support against the proposal. In 1903, an amendment granted

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4800-676: The Old Northwest and formally known as the Territory Northwest of the River Ohio , was formed from unorganized western territory of the United States after the American Revolution . Established in 1787 by the Congress of the Confederation through the Northwest Ordinance , it was the nation's first post-colonial organized incorporated territory . At the time of its creation, the territory included all

4950-576: The U.S. federal judiciary . Article II, Section 2, Clause 2 of the U.S. Constitution grants plenary power to the president of the United States to nominate, and, with the advice and consent of the United States Senate , appoint "Judges of the supreme Court", who serve until they die, resign, retire, or are impeached and convicted . The existence of a chief justice is only explicit in Article I, Section 3, Clause 6 which states that

5100-406: The checks and balances of power, was drafted by a convention in 1850-51, as directed by the voters, and subsequently adopted in a statewide referendum on June 17, 1851, taking effect on September 1 of that year. This is the same constitution under which the state of Ohio operates. The later "constitutions" were viewed as such, but in reality were large-scale revisions. Two key issues debated at

5250-537: The "Modern Courts Amendment" which significantly revised this article. The key change was granting the Supreme Court administrative control of the state's judiciary. Before, each judge was largely independent of any oversight. This power extended to creating rules for judicial practice. Section 22 also gives the governor the power to appoint a five-member commission to hear cases appealed to the Supreme Court. The provision has been invoked twice in 1876 and 1883. Legal scholars Steven Steinglass and Gino Scarselli note that "with

5400-515: The "state of Ohio" rather than passing a separate resolution declaring Ohio a state as it had done and would do with other new states. On February 19, 1803, President Jefferson signed the bill into law. It provided that Ohio "had become one of the United States of America," and that Federal law "shall have the same force and effect within the said State of Ohio, as elsewhere within the United States." Scholars Stephen H. Steinglass and Gino J. Scarselli suggest that St. Clair's Federalist affiliation played

5550-418: The 17th century, followed by French missionaries and French fur traders. French-Canadian explorer Jean Nicolet was the first recorded European entrant into the region, landing in 1634 at the current site of Green Bay, Wisconsin (although Étienne Brûlé is stated by some sources as having explored Lake Superior and possibly inland Wisconsin in 1622). The French exercised control from widely separate posts in

5700-419: The 1873 convention's work had all been for naught, the 1912 convention drafted and submitted to the voters a series of amendments to the 1851 Constitution. The amendments expanded the state's bill of rights, provided for voter-led initiative and referendum , established civil service protections, and granted the governor a line-item veto in appropriation bills. Other amendments empowered the legislature to fix

5850-603: The Chief Justice but presupposes its existence with a single reference in Article I, Section 3, Clause 6: "When the President of the United States is tried, the Chief Justice shall preside." Nothing more is said in the Constitution regarding the office. Article III, Section 1 , which authorizes the establishment of the Supreme Court, refers to all members of the court simply as "judges". The Judiciary Act of 1789 created

6000-597: The Falls of the Ohio. By the time of the territory's dissolution, there were dozens of towns and settlements, a few with thousands of settlers, chiefly along the Ohio and Miami Rivers and the south shore of Lake Erie in Ohio. Conflicts between settlers and Native American inhabitants of the Territory resulted in the Northwest Indian War culminating in General "Mad" Anthony Wayne 's victory at Battle of Fallen Timbers in 1794. The subsequent Treaty of Greenville in 1795 opened

6150-599: The Miami capital of Kekionga. Along the way Wayne's legion built a series of outpost forts including Fort Greene Ville, Fort Recovery and Fort Defiance. Fierce battles occurred around some of these but none of Wayne's forts were ever taken by the Native Americans. In mid 1794, the British constructed Fort Miamis near what is today Toledo, Ohio, to forestall Wayne's putative advance on the British stronghold at Detroit. The final battle of Wayne's campaign occurred within

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6300-597: The Montreal-based fur trade. The prohibition of settlement west of the Appalachians remained, contributing to the American Revolution . In February 1779, George Rogers Clark , leading a force of Virginia militia , captured Kaskaskia and Vincennes from British commander Henry Hamilton . Virginia capitalized on Clark's success by laying claim to the whole of the Old Northwest, calling it Illinois County , Virginia, until 1784, when it ceded its land claims to

6450-560: The Muskingum ). Settlement of these areas was spearheaded by Losantiville and Marietta, respectively. In 1792, Congress donated 100,000 acres to Ohio Company as a buffer zone against Native American incursion around the settled area. The vexing land claims by inhabitants of the old French Vincennes Tract were resolved by what was dubbed the 'Vincennes donation lands' embodied in a federal land act of 1791. Federal land sales in Indiana (then

6600-586: The Native Americans in October 1790. A group of squatters had moved up to the area near present-day Stockport now in Morgan County, Ohio and settled along flood plain , or "bottom" land, of the Muskingum River , some 30 miles north of an Ohio Company of Associates settlement at Marietta, Ohio . The Big Bottom massacre occurred on January 2, 1791. Lenape and Wyandot warriors stormed

6750-612: The Northwest Territory through the Land Ordinance of 1785 . The square surveys of the Northwest Territory became a hallmark of the Midwest , as sections , townships, counties (and states) were laid out scientifically, and land was sold quickly and efficiently (although not without some speculative aberrations). Arthur St. Clair was the territory's governor until November 1802, when President Thomas Jefferson removed him from office and appointed Charles Willing Byrd , who served

6900-542: The Northwest Territory to form a state constitution and government, and be admitted to the Union. When Ohio was admitted as the 17th state on March 1, 1803, the land not included in the new state, including the gore, became part of Indiana Territory, and the Northwest Territory went out of existence. Ongoing disputes with the British over the region were a contributing factor to the War of 1812 . Britain irrevocably ceded claim to

7050-427: The Ohio, Indiana (1783), and Fort Harmar in Ohio (1785). The first settlements were at these locations. The first land grant was to George Rogers Clark in 1781 at Falls of the Ohio on the Indiana side; he went on to found the settlement of Clarksville. The first two land purchases were large tracts of land sold to John Symmes ( Symmes Purchase ) in 1788 and two tracts sold to Ohio Company in 1787 and 1792 ( Purchase on

7200-463: The President's Commission on the Assassination of President Kennedy . Under 28 U.S.C.   § 3 , when the chief justice is unable to discharge their functions, or when that office is vacant, the chief justice's duties are carried out by the most senior associate justice until the disability or vacancy ends. Currently, Clarence Thomas is the most senior associate justice. Since

7350-700: The Revolution ended, land-hungry migrants started moving west. A gateway trading post developed as the town of Brownsville, Pennsylvania , which was a key outfitting center west of the mountains. Other wagon roads, such as the Kittanning Path surmounting the gaps of the Allegheny in central Pennsylvania, or trails along the Mohawk River in New York, enabled a steady stream of settlers to reach

7500-413: The Revolutionary War and lacking authority to tax under the Articles of Confederation , planned to raise revenue from the methodical sale of land in the Northwest Territory. This plan necessarily called for the removal of both Native American villages and squatters from lands west of Appalachia, loosely, the territory called "Ohio Country" and beyond. Resistance from indigenous tribes, who were supported by

7650-621: The Secretary of State and four others. (The four other members are appointed by the state's legislative leaders to ensure partisan balance). Additionally, the state supreme court has original jurisdiction over disputes over the approved language. Both of these elements were added in 1974. Article XVII lays out general rules for elections. Elections for state and county offices occur in even-numbered years, while those for local offices occur in odd-numbered years. Terms are limited to four years in length (six for judges) but can be shorter. Additionally,

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7800-460: The Senate as Chief Justice: Edward Douglass White in 1910, Harlan Fiske Stone in 1941, and William Rehnquist in 1986. A fourth, Abe Fortas , was nominated to the position in 1968 but was not confirmed. As an associate justice does not have to resign their seat on the court in order to be nominated as Chief Justice, Fortas remained an associate justice. Similarly, when Associate Justice William Cushing

7950-466: The Supreme Court in order to control the Court's agenda through opinion assignment. Indeed, Burger is said to have often changed votes to join the majority coalition, cast "phony votes" by voting against his preferred position, and declined to express a position at conference. The chief justice has traditionally administered the presidential oath of office to new U.S. presidents. This is merely custom, and

8100-454: The U.S. Constitution stipulates that the chief justice shall preside over the Senate trial of an impeached president of the United States. Three chief justices have presided over presidential impeachment trials : Salmon P. Chase ( 1868 trial of Andrew Johnson ), William Rehnquist ( 1999 trial of Bill Clinton ), and John Roberts ( 2020 trial of Donald Trump ; Roberts declined to preside over Trump's second trial in 2021 , which took place after

8250-573: The U.S. Constitution. For example, the 1851 constitution outlawed slavery, but slavery remained legal under the U.S. Constitution until the passage of the 13th Amendment in 1865. Additionally, in 2011, voters passed an amendment prohibiting residents from being required to purchase health insurance. This amendment targeted the Affordable Care Act , which had recently instituted a federal individual mandate. More recently, in 2023, Ohioans passed an amendment to guarantee access to abortion in

8400-509: The U.S. Constitution. These include the right to assemble (section 3), the right to bear arms (section 4), and protections against cruel and unusual punishment (section 9). The Ohio Supreme Court holds that "the Ohio Constitution is a document of independent force," however. Ohio courts are free to grant Ohioans greater rights than those afforded under federal law. Additionally, the Ohio Constitution contains several rights not found in

8550-489: The United States Morrison R. Waite , proposed a new constitution that would have provided for annual sessions of the legislature, a veto for the governor which could be overridden by a three-fifths vote of each house, establishment of state circuit courts , eligibility of women for election to school boards , and restrictions on municipal debt. Delegates proposed the creation of circuit courts to relieve

8700-512: The United States or of any state while holding their congressional seats, the chief justice and the other members of the federal judiciary are not barred from serving in other positions. John Jay served as a diplomat to negotiate the Jay Treaty , Robert H. Jackson was appointed by President Truman to be the U.S. prosecutor in the Nuremberg trials of leading Nazis, and Earl Warren chaired

8850-601: The Virginia Military District and Connecticut Western Reserve. The first area to be surveyed was the Seven Ranges along the eastern border of Ohio in 1786–1789. Direct sales of federal lands to individual homesteaders started here. In some cases, the government granted or donated land for special purposes. Settlement followed the forts, whether garrisoned or not. Lack of a garrison meant that threat of Native American attack had become negligible. This

9000-408: The adoption of one of the rejected plans to ensure a plan was in place for elections that fall. In September 2023, the commission finally reached an agreement to implement a bipartisan plan. Despite the agreement, Republicans remained favored in the new plan, and Democrats renewed calls for a fully non-partisan commission. This article discusses finance and taxation. The original 1802 constitution gave

9150-402: The agenda for the weekly meetings where the justices review the petitions for certiorari , to decide whether to hear or deny each case. The Supreme Court agrees to hear less than one percent of the cases petitioned to it. While associate justices may append items to the weekly agenda, in practice this initial agenda-setting power of the chief justice has significant influence over the direction of

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9300-472: The apportionment of the Ohio Legislature. (Apportionment for congressional districts are discussed by Article XIX). Unlike in most states, where legislatures control the redistricting process, Ohio has a long history of using a commission to apportion the state legislative districts. This commission was implemented by the original 1851 Constitution and consisted of the governor, the state auditor, and

9450-487: The article deals primarily with public utilities and other broad instances of municipal power. Article XIX was added by a referendum in 2018. It passed with nearly 75% of the vote. The article requires a 3/5 vote of the state legislature to approve any redistricting plan, provided that half of each party votes in favor. If the legislature cannot reach an agreement, a commission creates a plan. This plan must receive approval from four members, including two members from each of

9600-421: The chief justice shall preside over the impeachment trial of the president; this has occurred three times, for Andrew Johnson , Bill Clinton , and for Donald Trump ’s first impeachment. The chief justice has significant influence in the selection of cases for review , presides when oral arguments are held, and leads the discussion of cases among the justices. Additionally, when the court renders an opinion,

9750-432: The chief justice, if in the majority, chooses who writes the court's opinion; however, when deciding a case, the chief justice's vote counts no more than that of any other justice . While nowhere mandated, the presidential oath of office is by tradition administered by the chief justice. The chief justice serves as a spokesperson for the federal government's judicial branch and acts as a chief administrative officer for

9900-483: The conferences where cases are discussed and tentatively voted on by the justices. They normally speak first and so have influence in framing the discussion. Although the chief justice votes first—the court votes in order of seniority—they may strategically pass in order to ensure membership in the majority if desired. It is reported that: Chief Justice Warren Burger was renowned, and even vilified in some quarters, for voting strategically during conference discussions on

10050-436: The constitution. Proponents of the measure argued that the board would ensure Ohio livestock were properly cared for. Journalist Jim Provance noted that the legislature's proposal was intended to ward off a competing proposal by animal rights groups. The legislature's proposal was seen as more friendly to agribusiness than the alternative. Despite this tension, voters overwhelmingly approved the measure. The new article established

10200-598: The continued British presence in the Northwest Territory, presented a continuing obstacle for American expansion. The area making up the Ohio Country had been contested for over a century, beginning with the 17th-century Beaver Wars . The Western Confederacy , or Western Indian Confederacy , was a loose confederacy of Native Americans in the Great Lakes region of the United States created following

10350-524: The convention delegates to recognize education as a right of every child, and every draft of the constitution included such a requirement, which is still present in section 2. Even so, the Ohio Supreme Court has suggested the education is in fact, not , a right guaranteed to Ohioans by the state's constitution in the case of Board of Education v. Walter . Section 3 gives the state ultimate responsibility over public schools, though it also allows

10500-533: The convention to form a constitution for the State of Ohio. In the 1800 United States census , following the passage of an organic act by the 6th U.S. Congress creating the Indiana Territory in 1800, seven counties in the Northwest Territory reported the following population counts: According to the 1800 Census of the United States, the Northwest Territory (i.e. the pending state of Ohio) had

10650-460: The convention were African American suffrage and prohibition of alcohol. Delegates rejected proposals to allow Black suffrage in the state. They did not decide on prohibition, however. Instead, a second question asked Ohio voters if they wished to permit the licensing of alcohol sales, who rejected the proposition. This did not constitute a complete prohibition on alcohol, however. A constitutional convention in 1873, chaired by future Chief Justice of

10800-466: The court's procedures and inner workings are governed by the rules of protocol based on the seniority of the justices. The chief justice always ranks first in the order of precedence —regardless of the length of the officeholder's service (even if shorter than that of one or more associate justices). This elevated status has enabled successive chief justices to define and refine both the court's culture and its judicial priorities. The chief justice sets

10950-459: The court's national prestige. In doing so, Marshall would often write the opinions himself and actively discouraged dissenting opinions. Associate Justice William Johnson eventually persuaded Marshall and the rest of the court to adopt its present practice: one justice writes an opinion for the majority, and the rest are free to write their own separate opinions or not, whether concurring or dissenting. The chief justice's formal prerogative—when in

11100-520: The court. In 1930, former Associate Justice Charles Evans Hughes was confirmed as Chief Justice. Additionally, in December 1800, former Chief Justice John Jay was nominated and confirmed to the position a second time but ultimately declined it, opening the way for the appointment of John Marshall . Along with their general responsibilities as a member of the Supreme Court, the chief justice has several unique duties to fulfill. Article I, Section 3 of

11250-465: The court. Nonetheless, a chief justice's influence may be limited by circumstances and the associate justices' understanding of legal principles ; it is definitely limited by the fact that they have only a single vote of nine on the decision whether to grant or deny certiorari. Despite the chief justice's elevated stature, their vote carries the same legal weight as the vote of each associate justice. Additionally, they have no legal authority to overrule

11400-411: The creation of local school districts by referendum. This provision was added in 1912 in order to prevent local governments from refusing to establish public schools. Several provisions of the article also deal with funding for education. Section 5, for example, permits the state government to provide student loans for higher education, though it does not do so in practice. Section 6, meanwhile, creates

11550-442: The creation of new counties, but no new county has been created since the constitution was ratified in 1851. Article III details the state's executive branch, including the governor and other statewide officers. Initially, the governor lacked substantial power, and Ohioans were slow to expand the power of that office. It was not until 1903, for example, that governors gained a veto power. The article also contains little information on

11700-429: The creation of this commission, Ohio literally had two supreme courts functioning simultaneously." Decisions of this commission were considered equivalent to Supreme Court decisions and act as binding precedent. Unusually, the constitution once prohibited the Supreme Court from striking down laws as unconstitutional unless six out of the seven justices agreed. The justices could also uphold an appellate court's ruling that

11850-442: The distinctive titles of Chief Justice of the Supreme Court of the United States and Associate Justice of the Supreme Court of the United States . In 1866, Salmon P. Chase assumed the title of Chief Justice of the United States, and Congress began using the new title in subsequent legislation. The first person whose Supreme Court commission contained the modified title was Melville Fuller in 1888. The associate justice title

12000-507: The end of Trump's presidency. Senate president pro-tempore Patrick Leahy presided). All three presidents were acquitted in the Senate. Although the Constitution is silent on the matter, the chief justice would, under Senate rules adopted in 1999 prior to the Clinton trial, preside over the trial of an impeached vice president. This rule was established to preclude the possibility of a vice president presiding over their own trial. Many of

12150-695: The events of Pontiac's War , after which the Crown issued the Proclamation of 1763 , which prohibited white colonial settlement west of the Appalachian Mountains . This action angered American colonists interested in expansion, as well as those who had already settled in the area. In 1774, via the Quebec Act , Britain annexed the region to the Province of Quebec in order to provide a civil government and to centralize British administration of

12300-756: The federal courts. The chief justice presides over the Judicial Conference and, in that capacity, appoints the director and deputy director of the Administrative Office . The chief justice is an ex officio member of the Board of Regents of the Smithsonian Institution and, by custom, is elected chancellor of the board. Since the Supreme Court was established in 1789, 17 people have served as Chief Justice, beginning with John Jay (1789–1795). The current chief justice

12450-469: The federal government. Britain officially ceded the area north of the Ohio River and west of the Appalachians to the United States at the end of the American Revolutionary War with the Treaty of Paris (1783) , but the British continued to maintain a presence in the region as late as 1815, the end of the War of 1812 . Several states (Virginia, Massachusetts, New York, and Connecticut) had competing claims on

12600-484: The focus of the Northwest Indian War, the driving events in the early evolution of the territory. Integration of the Northwest Territory into a political unit, and settlement, depended on three factors: relinquishment by the British, extinguishment of states' claims west of the Appalachians, and usurpation or purchase of lands from the Native Americans. These objectives were accomplished correspondingly by

12750-536: The following decades. It encompassed what became Ohio, Indiana, Illinois, Michigan, Wisconsin and part of Minnesota. Putnam, in the Puritan tradition, was influential in establishing education in the Northwest Territory. Substantial amounts of land were set aside for schools. Putnam had been one of the primary benefactors in the founding of Leicester Academy in Massachusetts, and similarly, in 1798, he created

12900-523: The former Northwest Territory with the Treaty of Ghent in 1814. The Northwest Ordinance of 1787 established the Northwest Territory, and defined its boundaries, form of government, and administrative structure. In particular, it defined the bodies of government, established the legal basis of land ownership, provided for abolition and transfer of state territorial claims, made rules for admission of new states, established public education, recognized and codified 'natural rights', prohibited slavery, and defined

13050-576: The former legislators' political member within the legislature (not an outside body). Ohio is the only state to use this method. Since 1912, this article has been frequently amended. One notable amendment in 1918 gave voters the power to review legislative ratification of amendments to the U.S. Constitution. The U.S. Supreme Court, however, found this provision unconstitutional two years later in Hawke v. Smith . More generally, article II also grants voters powers of initiative and referenda. This power extends to

13200-547: The government on July 15, 1788, at Marietta . In 1790, he renamed the settlement of Losantiville Cincinnati , after the Society of the Cincinnati , and moved the administrative and military center to Fort Washington . As Governor, he formulated the Maxwell's Code (named after its printer, William Maxwell ), the first written criminal and civil laws of the territory. Maxwell's Code consisted of thirty-seven different laws with

13350-482: The governor has the power to appoint certain officials in cases of vacancy. This article was added in 1912 to give home rule to the state's municipalities. The original 1851 constitution gave the legislature to enact general laws for the establishment of municipalities. Over time, however, the need to differentiate between municipalities arose based on population. The legislature thus enacted laws that created different classifications for municipalities. In 1902, however,

13500-476: The governor retained veto power. Article VI of the Articles of Compact within the Northwest Ordinance prohibited the owning of slaves within the Northwest Territory. Territorial governments evaded this law by use of indenture laws. The Articles of Compact prohibited legal discrimination on the basis of religion within the territory. The township formula created by Thomas Jefferson was first implemented in

13650-841: The governor veto powers. In the Progressive Era , pent-up demand for reform led to convening the Ohio Constitutional Convention (1912) . The delegates were generally progressive in their outlook, and noted Ohio historian George W. Knepper wrote, "It was perhaps the ablest group ever assembled in Ohio to consider state affairs." Several national leaders addressed the convention, including President William Howard Taft , an Ohioan; former president (and Bull Moose Party candidate) Theodore Roosevelt ; three-time presidential candidate William Jennings Bryan ; California 's progressive governor Hiram Johnson ; and Ohio's own reform-minded Gov. Judson Harmon . Recalling how

13800-664: The great cities of the eventual 6 states of the Territory which is now the midwestern United States early in the 19th century: Detroit (<1800), Cleveland (1796), Columbus (1812), Indianapolis (1822), Chicago (1833), Milwaukee (1846), Minneapolis (1847). A Federalist , St. Clair hoped to see two states made of the old Ohio Country to increase Federalist power in Congress . He was resented by Ohio Democratic-Republicans for his apparent partisanship, high-handedness and arrogance in office. In 1802, his opposition to plans for Ohio statehood led President Thomas Jefferson to remove him from office as territorial governor. He thus played no part in

13950-435: The hours of labor, establish a minimum wage and a workers compensation system, and address a number of other progressive measures. A home rule amendment was proposed for Ohio cities with populations over 5,000. On September 3, 1912, despite strong conservative opposition, voters adopted 34 of the 42 proposed amendments. It was so sweeping a change to the 1851 Constitution that most legal scholars consider it to have become

14100-530: The incomplete blockhouse and killed eleven men, one woman, and two children. (Accounts vary as to the number of casualties.) Rufus Putnam wrote to President Washington that "we shall be so reduced and discouraged as to give up the settlement [Marietta following the Big Bottom disaster]." In March 1791, St. Clair succeeded Harmar as commander of the United States Army and was commissioned as

14250-521: The land area of the United States at the time of its creation. It was inhabited by about 45,000 Native Americans and 4,000 non-native traders, mostly of French Canadian , British or Irish descent . Among the tribes inhabiting the region were the Shawnee, Delaware, Miami, Wyandot, Ottawa and Potawatomi. Notably, the Miami capital along with British trading posts was at Kekionga at the site of present-day Fort Wayne, Indiana. Neutralizing Kekionga became

14400-409: The land rights and applicability of laws to the Native Americans. At first, the territory had a modified form of martial law . The governor was also the senior army officer within the territory, and he combined legislative and executive authority . But a supreme court was established, and he shared legislative powers with the court . County governments were organized as soon as the population

14550-827: The land west of Pennsylvania , northwest of the Ohio River and east of the Mississippi River below the Great Lakes , and what later became known as the Boundary Waters . The region was ceded to the United States in the Treaty of Paris of 1783 . Throughout the Revolutionary War , the region was part of the British Province of Quebec and the western theater of the war. It spanned all or large parts of six eventual U.S. states ( Ohio , Indiana , Illinois , Michigan , Wisconsin , and

14700-405: The legislature enacts law to promote Ohioans' "general welfare." Much of Ohio's bill of rights has been in place since the passage of the Northwest Ordinance. The writers of the 1802 constitution borrowed heavily from this document, and those of the 1851 constitution made few changes. Voters approved only nine amendments since then. Many of the rights found within the state constitution align with

14850-406: The legislature nearly unlimited leeway in terms of taxing Ohioans, but the 1851 constitution imposed significant restrictions on that power. The majority of the article deals with specific forms of taxation, including poll taxes (which are prohibited by section 1), property taxes, and sales taxes. Two sections also deal with the payment of debts by both the state and local governments. Article XIII

15000-755: The legislature. The state continues to operate these facilities, viz. the Ohio State School for the Blind , the Ohio School for the Deaf , and six psychiatric hospitals run by the Ohio Department of Mental Health and Addiction Services . The longest and most frequently amended article, Article VIII deals with public debt and public works . Thirty amendments to the constitution have been passed by voters, with twenty-five dealing solely with giving

15150-459: The location of Native American settlements near the headwaters of the Wabash River . On November 4 they were routed in battle by a tribal confederation led by Miami Chief Little Turtle and Shawnee chief Blue Jacket . More than 600 soldiers and scores of women and children were killed in the battle, known as " St. Clair's Defeat " and many other names. It remains the greatest defeat of

15300-648: The majority of the territory became public land owned by the U.S. government. Virginia and Connecticut reserved two areas to use as compensation to military veterans: the Virginia Military District and the Connecticut Western Reserve Thomas Jefferson's Land Ordinance of 1784 was the first organization of the territory by the United States; it provided a process for dividing the territory into individual states. The Land Ordinance of 1785 established

15450-414: The majority—to assign which justice will write the court's opinion is perhaps their most influential power, as this enables them to influence the historical record. They may assign this task to the individual justice best able to hold together a fragile coalition, to an ideologically amenable colleague, or to themselves. Opinion authors can have a large influence on the content of an opinion; two justices in

15600-418: The measure, which permitted the establishment of four casinos in the state, citing the potential for economic growth. Several groups opposed the measure, including religious conservatives and horse racetrack owners, who feared competition for horse racing and charitable bingoes. Ultimately, the amendment was narrowly passed. This article lays out the two original ways that the constitution can be amended. First,

15750-683: The near west and the lands bordering the Mississippi. This activity stimulated the development of the eastern parts of the eventual National Road by private investors. The Cumberland–Brownsville toll road linked the water routes of the Potomac River with the Monongahela River of the Ohio/Mississippi riverine systems in the days when water travel was the only good alternative to walking and riding. Most of

15900-492: The new state capital , on March 1, 1803. This has come to be considered the date of Ohio statehood. Judge Charles Willing Byrd was the primary author of the document. He used the 1796 constitution of Tennessee as a model, with those of Pennsylvania and Kentucky as other influences. Provisions in the constitution included a ban on slavery but also included a prohibition on African American suffrage. The constitution provided for amendment only by convention. An attempt in 1819

16050-471: The northeastern part of Minnesota ). Reduced to present-day Ohio, eastern Michigan and a sliver of southeastern Indiana with the formation of Indiana Territory July 4, 1800, it ceased to exist March 1, 1803, when the southeastern portion of the territory was admitted to the Union as the state of Ohio, and the remainder attached to Indiana Territory. Initially, the territory was governed by martial law under

16200-720: The northeastern part of Minnesota. Lands west of the Mississippi River were the Louisiana Province of New Spain, formerly New France, acquired by the United States in 1803 by the Louisiana Purchase . Lands north of the Great Lakes were part of the British Province of Upper Canada . Lands south of the Ohio River constituted Kentucky County, Virginia , admitted to the union as the state of Kentucky in 1792. The area included more than 300,000 square miles (780,000 km ) and comprised about 1/3 of

16350-452: The organizing of the state of Ohio in 1803. The first Ohio Constitution provided for a weak governor and a strong legislature , in part a reaction to St. Clair's method of governance. In preparation for Ohio's statehood, Congress split the Northwest Territory into two sections in 1800. A new territory, Indiana Territory , encompassed all land west of the present Indiana–Ohio border and its northward extension to Lake Superior , except for

16500-732: The people, many of which were passed. A similar commission, the Ohio Constitution Modernization Commission, was established in 2011. The legislature failed to propose most of its recommendations and terminated it before its intended sunset date of 2020. The main success of the commission came in reforming the process of apportionment in Ohio, which eventually led to the establishment of the state's redistricting commission. The original 1851 constitution had 16 articles and 169 sections. The present document has 19 articles and 225 sections. There have been 170 amendments made. Most amendments occurred after 1912, when

16650-554: The plan for the construction of the Muskingum Academy (now Marietta College ) in Ohio. In 1780, the directors of the Ohio Company appointed him superintendent of all its affairs relating to settlement north of the Ohio River. In 1796, he was commissioned by President George Washington as Surveyor-General of United States Lands. In 1788, he served as a judge in the Northwest Territory's first court. In 1802, he served in

16800-412: The position until Ohio became a state and elected its first governor, Edward Tiffin , on March 3, 1803. The Supreme Court consisted of (1) John Cleves Symmes ; (2) James Mitchell Varnum , who died in 1789, replaced by George Turner , who resigned in 1796, and was replaced by Return Jonathan Meigs Jr. ; and (3) Samuel Holden Parsons , who died in 1789, replaced by Rufus Putnam , who resigned 1796, and

16950-700: The power of other constitutional officers. The powers of officials such as the attorney general is usually construed based on "common law" interpretations thereof. Most of the article deals with the powers and duties of the governor. Article IV describes the state's judicial system. The constitution creates three tiers—the Supreme Court of Ohio , the Ohio District Courts of Appeals , and the Ohio Courts of Common Pleas . The legislature can create additional courts as well. In 1968, voters adopted

17100-505: The region, where British subjects outnumbered Americans throughout the 1790s. The following year, the Treaty of Greenville secured peace on the western frontier and opened most of southern and eastern Ohio for American settlement. Sporadic westward emigrant settlements had already resumed late in the war after the Iroquois Confederacy 's power was broken and the tribes scattered by the 1779 Sullivan Expedition . Soon after

17250-595: The region, which they claimed as New France ; among these was the post at Fort Detroit , founded in 1701. France ceded the territory to the Kingdom of Great Britain as part of the Indian Reserve in the 1763 Treaty of Paris , after being defeated in the French and Indian War . From the 1750s to the peace treaty that ended the War of 1812, the British had a long-standing goal of creating an Indian barrier state ,

17400-557: The removal of inactive voters after four years. The latter requirement was added in 1977. In 2014, it was challenged for violating the National Voter Registration Act , but the Supreme Court of the United States upheld the requirement in Husted v. Randolph Institute . Section 6 prohibits "idiot[s]" and "insane person[s]" from voting. Attempts to remove this provision have failed, although Ohio statutes require

17550-412: The requirements for passing amendments loosened. The current state constitution contains the following articles: We, the people of the State of Ohio, grateful to Almighty God for our freedom, to secure its blessings and promote our general welfare, do establish this Constitution While the preamble does not enact any positive laws, the Ohio Supreme Court has established that it creates a presumption that

17700-473: The right of habeas corpus and trial by jury , and the right to make bail except for capital offenses. Ohio courts have noted that the Northwest Ordinance "was ever considered as the fundamental law of the territory." The Ohio territory's population grew steadily in the 1790s and early 19th century. Congress passed an enabling bill to establish a new state, which President Thomas Jefferson signed into law on April 30, 1802. A state constitutional convention

17850-470: The sale of bonds to fund Ohio schools. The supreme court again held the system to be unconstitutional, however. Other attempts to rectify the matter legislatively were rejected, but the court eventually granted a writ of prohibition to halt the case in 2003. This article obligates the state government to support institutions to treat those with mental illness, blindness, or deafness. It has never been amended, and efforts to do so have repeatedly failed to pass

18000-436: The same majority, given the opportunity, might write very different majority opinions. A chief justice who knows the associate justices well can therefore do much—by the simple act of selecting the justice who writes the opinion of the court—to affect the general character or tone of an opinion, which in turn can affect the interpretation of that opinion in cases before lower courts in the years to come. The chief justice chairs

18150-625: The scope of this fort. The military campaign of Gen. Wayne against the Western Confederacy, who were supported by a company of troops from Lower Canada, culminated with victory at the Battle of Fallen Timbers in 1794. Following the battle, in fall 1794, Wayne's army marched unopposed to Kekionga where they constructed Fort Wayne, a defiant symbol of U.S. sovereignty in the heart of Native American Country. Jay's Treaty , in 1794, temporarily helped to smooth relations with British traders in

18300-489: The secretary of state. Between 1903 and the Supreme Court's decision in Reynolds v. Sims in 1964, the constitution mandated that state legislative districts be based on county lines. This practice continued as a de facto rule during the late twentieth century, however. Following several instances of partisan gerrymandering , various initiatives were proposed to amend the article. Attempts in 1981, 2005, and 2012 to create

18450-597: The seniormost associate justice will normally swear in a new chief justice. If the chief justice is ill or incapacitated, the oath is usually administered by the seniormost member of the Supreme Court. Eight times, someone other than the chief justice of the United States administered the oath of office to the president. Since the tenure of William Howard Taft , the office of chief justice has moved beyond just first among equals . The chief justice also: Unlike Senators and Representatives, who are constitutionally prohibited from holding any other "office of trust or profit" of

18600-406: The state government more authority to borrow money. Article IX establishes the state's militia under the command of the governor. Section 1 states that all Ohioans between the ages of 17 and 67 are eligible to be called upon to serve. In practice, however, the organized Ohio National Guard serves as the state's militia. This article lays out the structure of local government in the state, which

18750-420: The state legislature can propose amendments by a three-fifths vote. Voters then either approve or reject the proposed amendment. (Before 1912, a majority of voters who voted in the election as a whole was required to pass an amendment. Since then, only a majority of those voting on the amendment is required). Second, amendments can be proposed by a constitutional convention. These conventions can be called either by

18900-408: The state supreme court declared this system unconstitutional because the constitution also prohibited the state from granting special powers to corporations (which municipalities were deemed to be). The legislature passed a temporary solution, but city leaders found it inadequate. As a result, the 1912 convention adopted this new article to properly codify the classification system. The article creates

19050-610: The state. Over time, rules have been relaxed. In the early twentieth century, both horse racing and bingo became de facto allowed, though it was not until 1975 that an amendment was passed to de jure legalize bingo. (The legislature had already decriminalized bingo in 1943). Similarly, in 1973, the article was amended to create the Ohio Lottery . One final amendment came in 2009 with the legalization of casino gambling. Several prior attempts at legalizing gambling had failed. Major gambling companies like Penn Entertainment supported

19200-415: The stipulation that the laws had to have been passed previously in one of the original thirteen states. The laws restructured the court system then in effect in the Northwest Territory. They also protected residents against excessive taxes and declared that English common law would be the basis of legal decisions and laws in the Northwest Territory. The young United States government, deeply in debt following

19350-750: The territory and its successors was settled by emigrants passing through the Cumberland Narrows , or along the Mohawk Valley in New York State. The Continental Congress' title to the lands north of the Ohio River was derived from the Treaty of Paris (1783), the Treaty of Fort McIntosh, and the cessions of four states. Settlement was through several means: squatters, direct U.S. government land sales to settlers, sales of tracts of land to land companies, and state sales of land to veterans in

19500-430: The territory would eventually form three to five new states. Under the Northwest Ordinance of 1787, which created the Northwest Territory, General St. Clair was appointed governor. When the territory was divided in 1800, he briefly served as governor of the Northwest Territory remnant that included Ohio, the eastern half of Michigan, and a sliver of southeastern Indiana called "The Gore". St. Clair formally established

19650-504: The territory: Virginia claimed all of the portion that was formerly Illinois Country and Ohio Country; Massachusetts claimed the portion that is now southern Michigan and Wisconsin; Connecticut claimed a narrow strip across the territory just south of the Great Lakes; New York claimed an elastic portion of Iroquois lands between Lake Erie and the Ohio River. The western boundary of Pennsylvania was also ill-defined. Virginia's jurisdiction

19800-460: The thirteen-member board and gave it the power to establish standards for livestock care. The Ohio Department of Agriculture is responsible for enforcement. Article XV contains several miscellaneous provisions. These provisions include naming Columbus as the state capital and mandating the regular publication of the state's financial accounts. A major portion of the article deals with gambling laws. The original 1851 document prohibited lotteries in

19950-454: The two largest political parties. If the commission cannot reach an agreement, the legislature may pass a plan by a simple majority vote. The article also lays out certain requirements for districts, including mandating partisan neutrality and limiting county and municipality splits. The state supreme court has sole jurisdiction over the constitutionality of any plan passed. Northwest Territory The Northwest Territory , also known as

20100-426: The verdicts or interpretations of the other eight judges or tamper with them. The task of assigning who shall write the opinion for the majority falls to the most senior justice in the majority. Thus, when the chief justice is in the majority, they always assign the opinion. Early in his tenure, Chief Justice John Marshall insisted upon holdings which the justices could unanimously back as a means to establish and build

20250-476: The wake of Dobbs v. Jackson Women's Health Organization . Litigation continues as to the constitutionality of an existing statutory ban, however. Article II lays out the power of Ohio's legislature, the General Assembly . The original 1802 constitution made the legislature the most powerful branch of the state government. It appointed most executive branch officers and judges, and the governor lacked

20400-461: The way for settlement particularly in southern and western Ohio. The Northwest Territory included all the then-owned land of the United States west of Pennsylvania , east of the Mississippi River , and northwest of the Ohio River . It incorporated most of the former Ohio Country except a portion in western Pennsylvania, and eastern Illinois Country . It covered all of the modern states of Ohio, Indiana, Illinois, Michigan, and Wisconsin, as well as

20550-479: The way for white settlement. In 1789, he succeeded in getting certain Native Americans to sign the Treaty of Fort Harmar , but many native leaders had not been invited to participate in the negotiations or had refused to do so. Rather than settling the Native Americans' claims, the treaty provoked an escalation of the "Northwest Indian War" (or "Little Turtle's War"). Mutual hostilities led to a campaign by General Josiah Harmar , whose 1,500 militiamen were defeated by

20700-620: The western frontier. Wayne was commissioned to form a new army of 5120 professional soldiers, dubbed the "Legion of the United States". Wayne recruited and trained his army in Pennsylvania, and moved them to southwestern Ohio in fall of 1793. There they were joined by the Kentucky Militia under Major General Charles Scott . Over the next ten months, the armies marched north up the Great Miami and Maumee River valleys toward

20850-418: Was adopted in 1851 largely as a response to a series of entanglements between the state government and corporations in the early nineteenth century. The article institutes general regulations for corporations and prohibits the legislature from granting special powers such as eminent domain to private companies. In the original 1851 constitution, Article XIV dealt with the rules of civil procedure . It created

21000-497: Was at Putnam's recommendation that the land was surveyed and laid out in townships of six miles square. He organized and led the first group of veterans to the territory. They settled at Marietta, Ohio , where they built a large fort called Campus Martius . Putnam and Cutler insisted the Northwest Territory be a free territory, with no slavery. The Northwest Territory doubled the size of the United States, and establishing it as free of slavery proved to be of tremendous importance in

21150-523: Was extended westward to a point five degrees of longitude (about 260 miles) from the Delaware River and the western boundary extended to run due north from the westernmost extent of the Mason–Dixon line to the 43rd parallel. This incorporated the eastern part of Ohio Country as western Pennsylvania, and set the eastern boundary of federal lands. "Unlanded" states, such as Maryland, refused to ratify

21300-463: Was first implemented during the 2021-22 redistricting cycle. The commission failed to reach a bipartisan agreement, so a 5-2 Republican majority implemented a temporary plan. In January 2022, however, the Ohio Supreme Court rejected the plan, finding that it violated the article's anti-gerrymandering provisions. The commission then proceeded to adopt five additional plans, which the state supreme court rejected. A federal court finally intervened and ordered

21450-527: Was held in November 1802 in Chillicothe, Ohio , and it adopted what became known as the 1802 Constitution. Largely due to the perception that territorial governor Arthur St. Clair had ruled heavy-handedly, the constitution provided for a "weak" governor and judiciary, and vested virtually all power in a bicameral legislature , known as the General Assembly . Congress simply recognized the existence of

21600-483: Was limited to a few French settlements at the extreme western edge of the territory. Massachusetts's and Connecticut's claims were effectively lines on paper. New York had no colonial settlements or territorial government in the claimed lands. The western border of Pennsylvania, previously assumed to run in a north by northeast zigzag, was resolved in 1780 by the Continental Congress. The Mason–Dixon line

21750-462: Was nominated and confirmed as Chief Justice in January 1796 but declined the office, he too remained on the court. Two former associate justices subsequently returned to service on the court as Chief Justice. John Rutledge was the first. President Washington gave him a recess appointment in 1795. However, his subsequent nomination to the office was not confirmed by the Senate, and he left office and

21900-416: Was not altered in 1866 and remains as originally created. The chief justice, like all federal judges , is nominated by the president and confirmed to office by the U.S. Senate . Article III, Section 1 of the Constitution specifies that they "shall hold their Offices during good Behavior." This language has been interpreted to mean that judicial appointments are effectively for life and that once in office,

22050-566: Was rejected by voters. In the early decades of statehood, it became clear that the General Assembly was disproportionately powerful as compared to the executive and judicial branches. Much of state business was conducted through private bills , and partisan squabbling greatly reduced the ability of state government to do its work. The legislature widely came to be perceived as corrupt, subsidizing private companies and granting special privileges in corporate charters. State debt also exploded between 1825 and 1840. A new constitution, greatly redressing

22200-496: Was replaced by Joseph Gilman . There were three secretaries: Winthrop Sargent (July 9, 1788 – May 31, 1798); William Henry Harrison (June 29, 1798 – December 31, 1799); and Charles Willing Byrd (January 1, 1800 – March 1, 1803). Chief Justice of the United States The chief justice of the United States is the chief judge of the Supreme Court of the United States and is the highest-ranking officer of

22350-476: Was sufficient, and these assumed local administrative and judicial functions. Washington County was the first of these, at Marietta in 1788. This was an important event, as this court was the first establishment of civil and criminal law in the pioneer country. As soon as the number of free male settlers exceeded 5,000, the territorial legislature was to be created, and this happened in 1798. The full mechanisms of government were put in place, as outlined in

22500-599: Was true everywhere in Ohio before 1800 except the northwest sector above the Greenville Treaty line. It became true in Indiana after the Battle of Tippecanoe in 1811; by 1813 Battle of the Thames where Tecumseh was defeated and killed, the frontier had essentially moved to west of the Mississippi. The first U.S. military garrisons in the territory were Fort Patrick Henry, Vincennes, Indiana (1779), Fort Clark at Falls of

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