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The Ohio Constitution Table of Contents Preamble .........................................................................................1 Article I: Bill of Rights ...................................................................1 Article II: Legislative ......................................................................6 Article III: Executive ....................................................................23 Article IV: Judicial ........................................................................29 Article V: Elective Franchise ........................................................36 Article VI: Education ....................................................................37 Article VII: Public Institutions ......................................................39 Article VIII: Public Debt and Public Works .................................40 Article IX: Militia .........................................................................94 Article X: County and Township Organizations ...........................95 Article XI: Apportionment ............................................................98 Article XII: Finance and Taxation ..............................................106 Article XIII: Corporations ...........................................................109 Article XIV: Ohio Livestock Care Standards Board ...................110 Prior Article XIV: Jurisprudence.................................................112 Article XV: Miscellaneous ..........................................................112 Article XVI: Amendments ..........................................................118 Article XVII: Elections ...............................................................120 Article XVIII: Municipal Corporations ......................................121 SCHEDULES 1851 CONSTITUTION ......................................124 SCHEDULES 1912 CONSTITUTION ......................................128 The Constitution of the State of Ohio 3 This page intentionally left blank. Preamble Bearing arms; standing armies; military power. We, the people of the State of Ohio, grateful to Almighty God for our §4 The people have the right to bear freedom, to secure its blessings and arms for their defense and security; promote our common welfare, do but standing armies, in time of peace, establish this Constitution. are dangerous to liberty, and shall not be kept up; and the military shall be in strict subordination to the civil power. Article I: Bill of Rights (1851) Inalienable rights. Trial by jury. §1 All men are, by nature, free and independent, and have certain §5 The right of trial by jury shall be inalienable rights, among which are inviolate, except that, in civil cases, those of enjoying and defending life laws may be passed to authorize and liberty, acquiring, possessing, and the rendering of a verdict by the protecting property, and seeking and concurrence of not less than three- obtaining happiness and safety. fourths of the jury. (1851) (1851, am. 1912) Right to alter, reform, or abolish Slavery and involuntary servitude. government, and repeal special privileges. §6 There shall be no slavery in this State; nor involuntary servitude, unless §2 All political power is inherent in for the punishment of crime. the people. Government is instituted (1851) for their equal protection and benefit, and they have the right to alter, reform, or abolish the same, whenever they Rights of conscience; education; the necessity of religion and may deem it necessary; and no special knowledge. privileges or immunities shall ever be granted, that may not be altered, §7 All men have a natural and revoked, or repealed by the General indefeasible right to worship Almighty Assembly. God according to the dictates of their (1851) own conscience. No person shall be compelled to attend, erect, or support Right to assemble. any place of worship, or maintain any form of worship, against his consent; §3 The people have the right to and no preference shall be given, by assemble together, in a peaceable law, to any religious society; nor shall manner, to consult for the common any interference with the rights of good; to instruct their Representatives; conscience be permitted. No religious and to petition the General Assembly test shall be required, as a qualification for the redress of grievances. for office, nor shall any person be (1851) The Constitution of the State of Ohio 1 incompetent to be a witness on account standards to determine whether a person of his religious belief; but nothing who is charged with a felony where the herein shall be construed to dispense proof is evident or the presumption with oaths and affirmations. Religion, great poses a substantial risk of serious morality, and knowledge, however, physical harm to any person or to the being essential to good government, community. Procedures for establishing it shall be the duty of the General the amount and conditions of bail shall Assembly to pass suitable laws, to be established pursuant to Article IV, protect every religious denomination Section 5(b) of the Constitution of the in the peaceable enjoyment of its State of Ohio. own mode of public worship, and to (1851, am. 1997) encourage schools and the means of instruction. Trial for crimes; witness. (1851) §10 Except in cases of impeachment, Writ of habeas corpus. cases arising in the army and navy, or in the militia when in actual service §8 The privilege of the writ of habeas in time of war or public danger, and corpus shall not be suspended, unless, cases involving offenses for which in cases of rebellion or invasion, the the penalty provided is less than public safety require it. imprisonment in the penitentiary, no (1851) person shall be held to answer for a capital, or otherwise infamous, crime, Bail. unless on presentment or indictment of a grand jury; and the number of persons §9 All persons shall be bailable necessary to constitute such grand by sufficient sureties, except for a jury and the number thereof necessary person who is charged with a capital to concur in finding such indictment offense where the proof is evident shall be determined by law. In any or the presumption great and except trial, in any court, the party accused for a person who is charged with a shall be allowed to appear and defend felony where the proof is evident or in person and with counsel; to demand the presumption great and who where the nature and cause of the accusation the person poses a substantial risk of against him, and to have a copy thereof; serious physical harm to any person to meet witnesses face to face, and to or to the community. Where a person have compulsory process to procure is charged with any offense for which the attendance of witnesses in his the person may be incarcerated, the behalf, and speedy public trial by an court may determine at any time the impartial jury of the county in which type, amount, and conditions of bail. the offense is alleged to have been Excessive bail shall not be required; committed; but provision may be made nor excessive fines imposed; nor cruel by law for the taking of the deposition and unusual punishments inflicted. by the accused or by the state, to be used for or against the accused, of any The General Assembly shall fix by law witness whose attendance can not be 2 The Constitution of the State of Ohio had at the trial, always securing to the of any release or escape of the accused; accused means and the opportunity to be present in person and with counsel (6) except as authorized by section at the taking of such deposition, and 10 of Article I of this constitution, to to examine the witness face to face as refuse an interview, deposition, or other fully and in the same manner as if in discovery request made by the accused court. No person shall be compelled, or any person acting on behalf of the in any criminal case, to be a witness accused; against himself; but his failure to testify (7) to full and timely restitution from may be considered by the court and jury the person who committed the criminal and may be the subject of comment by offense or delinquent act against the counsel. No person shall be twice put in victim; jeopardy for the same offense. (1851, am. 1912) (8) to proceedings free from unreasonable delay and a prompt Rights of victims of crimes. conclusion of the case; §10a (A) To secure for victims justice (9) upon request, to confer with the and due process throughout the criminal attorney for the government; and and juvenile justice systems, a victim shall have the following rights, which (10) to be informed, in writing, of all shall be protected in a manner no less rights enumerated in this section. vigorous than the rights afforded to the (B) The victim, the attorney for the accused: government upon request of the (1) to be treated with fairness and victim, or the victim’s other lawful respect for the victim’s safety, dignity representative, in any proceeding and privacy; involving the criminal offense or delinquent act against the victim or in (2) upon request, to reasonable and which the victim’s rights are implicated, timely notice of all public proceedings may assert the rights enumerated in this involving the criminal offense or section and any other right afforded to delinquent act against the victim, and to the victim by law. If the relief sought is be present at all such proceedings; denied, the victim or the victim’s lawful representative may petition the court (3) to be heard in any public proceeding of appeals