Two hundred eleven years ago Ohio became the 17th state in our nation. President Thomas Jefferson allowed Ohio to apply for statehood in April 1802 when he signed the Enabling Act into law. Later that year a state constitutional convention was held, and on February 19, 1803, President Jefferson approved and signed the first Ohio Constitution.
We officially celebrate Ohio’s birth as a state on March 1, 1803, when the General Assembly gathered for the first time to meet in Chillicothe, the new state capital. Statehood Day is a good time to reflect on our history and the founders who established our governing principles. These principles developed over time, and often were determined by the judiciary.
For example, in an early case, the Supreme Court of Ohio was called upon in 1807 to decide the extent of the authority given by the constitution to the state’s legislature. In Rutherford v. McFadden, the Court asserted its right to nullify an unconstitutional act of the General Assembly.
The Ohio Historical Society will hold its annual Statehood Day event at the Ohio Statehouse on Thursday, February 27. The keynote luncheon speaker is Erin Moriarty, an Ohio native and reporter for CBS News.
On whatever day we remember Ohio’s birth, let us strive to ensure that it will stay healthy to celebrate many, many more.
Showing posts with label Ohio Constitution. Show all posts
Showing posts with label Ohio Constitution. Show all posts
Wednesday, February 12, 2014
Friday, September 21, 2012
More Help for Civics Teachers
Once again, I would like to highlight a new link – Constitution Classroom – that has become available for teachers who plan social studies classes at the middle and high school levels. The Ohio State Bar Foundation has created a number of tools to help teachers plan programs around the constitution.
The 2010 Fellows class, all practicing members of the Ohio bar, prepared PowerPoint segments on a variety of constitutional topics.
The topics include:
• Free Speech, Religion, Press, Assembly, Petition – We’re Number One! Search and Seizure – A Reasonable Test
• Due Process – Respecting Our Rights
• Three Branches of Government – A Constitutional Blueprint
Each topic also has case materials for mock trials and other information to help with several lesson plans.
Constitution Classroom can be found here: www.osbf.net/what-we-do/constitutionclassroom/
The attorneys who prepared this site hope that it will help promote classroom conversations. Let them know if their work was useful.
The topics include:
• Free Speech, Religion, Press, Assembly, Petition – We’re Number One! Search and Seizure – A Reasonable Test
• Due Process – Respecting Our Rights
• Three Branches of Government – A Constitutional Blueprint
Each topic also has case materials for mock trials and other information to help with several lesson plans.
Constitution Classroom can be found here: www.osbf.net/what-we-do/constitutionclassroom/
The attorneys who prepared this site hope that it will help promote classroom conversations. Let them know if their work was useful.
Tuesday, September 4, 2012
What Cases Are Heard by the Supreme Court?
You may be surprised to learn that not every case appealed to the Ohio Supreme Court is accepted for review. Our jurisdiction, meaning the scope of our work, is defined in the Ohio Constitution. The constitution provides that we are to decide cases with constitutional questions, death penalty cases and those from administrative agencies such as the Public Utilities Commission of Ohio. But that is just a small portion of the 2,000 cases that are filed in the court every year.
Most of our work comes through “discretionary review” of court of appeals’ cases. This is another way of saying that we ourselves choose the cases that we will hear and decide. We call these “jurisdictional” cases, and at least four of the seven justices must vote to accept a case before it is accepted. Otherwise, we decline jurisdiction and the case stays settled as it was by the court of appeals.
How do we decide whether a case should be heard?
The constitution tells us that discretionary appeals should involve felonies or questions of “public or great general interest.” Before voting on the jurisdictional cases, each justice reads and considers the legal arguments prepared by the attorneys pro and con on whether the case has public or great general interest.
Of course each case is the most important case to the parties involved, but it might not have great general interest because the facts are so limited. Many times the rule of law has already been settled and the court does not need to repeat what has been declared already. On the other hand, if the legislature has enacted a new law that seems to be unclear, or if the 12 courts of appeals are ruling differently in the same type of cases, or if a new situation appears that seems to be unprecedented, we may find that four justices vote to take in that case and review it further .
How easy is it for a discretionary appeal to open the Supreme Court’s door? Our statistics show that we have accepted only about 7 percent of the cases seeking review.
How do we decide whether a case should be heard?
The constitution tells us that discretionary appeals should involve felonies or questions of “public or great general interest.” Before voting on the jurisdictional cases, each justice reads and considers the legal arguments prepared by the attorneys pro and con on whether the case has public or great general interest.
Of course each case is the most important case to the parties involved, but it might not have great general interest because the facts are so limited. Many times the rule of law has already been settled and the court does not need to repeat what has been declared already. On the other hand, if the legislature has enacted a new law that seems to be unclear, or if the 12 courts of appeals are ruling differently in the same type of cases, or if a new situation appears that seems to be unprecedented, we may find that four justices vote to take in that case and review it further .
How easy is it for a discretionary appeal to open the Supreme Court’s door? Our statistics show that we have accepted only about 7 percent of the cases seeking review.
Tuesday, June 19, 2012
Governor has power to appoint vacancy
Recently, one of my colleagues, Justice Evelyn Lundberg Stratton, announced that she will retire at the end of this year. My colleagues and I wish her well as she moves on to devote her efforts full-time to advocating on behalf of veterans and mental health issues.
So who will take her spot? Do you know what happens when there’s a vacancy on a court in Ohio?
According to Article IV, Section 13 of the Ohio Constitution, the governor has sole authority to fill all judicial vacancies in the state.
Whoever is appointed to replace Justice Stratton will serve out the remaining two years of the term Justice Stratton was elected to in 2008. The new justice will need to run in the November 2014 general election if he or she wants to serve a full six-year term.
All judicial vacancies are handled the same no matter the court. So the process to fill a vacancy on the Supreme Court is the same for filling a vacancy on any other court in the state.
According to Article IV, Section 13 of the Ohio Constitution, the governor has sole authority to fill all judicial vacancies in the state.
Whoever is appointed to replace Justice Stratton will serve out the remaining two years of the term Justice Stratton was elected to in 2008. The new justice will need to run in the November 2014 general election if he or she wants to serve a full six-year term.
All judicial vacancies are handled the same no matter the court. So the process to fill a vacancy on the Supreme Court is the same for filling a vacancy on any other court in the state.
Tuesday, March 13, 2012
Age is the only limit for judges’ terms
A Constitutional Modernization Commission will be meeting this year to consider changes to the Ohio Constitution. One of those potential changes concerns whether to eliminate term limits.
Did you know that term limits don’t affect judges?
Members of the General Assembly and statewide elected officials cannot serve more than eight consecutive years in the same position. Judges, meanwhile, can serve as long as voters continue to elect them, with one exception.
Under the Constitution, in most cases, judges cannot serve after they turn 70 years old. Here’s what the Constitution says:
“No person shall be elected or appointed to any judicial office if on or before the day when he shall assume the office and enter upon the discharge of its duties he shall have attained the age of seventy years.”
And although the Constitution refers to “he,” many women serve as judges too. All judges serve six-year terms, while the statewide officials of the other branches of government and members of the Ohio Senate serve four-year terms. Members of the Ohio House of Representatives serve two-year terms.
Members of the General Assembly and statewide elected officials cannot serve more than eight consecutive years in the same position. Judges, meanwhile, can serve as long as voters continue to elect them, with one exception.
Under the Constitution, in most cases, judges cannot serve after they turn 70 years old. Here’s what the Constitution says:
“No person shall be elected or appointed to any judicial office if on or before the day when he shall assume the office and enter upon the discharge of its duties he shall have attained the age of seventy years.”
And although the Constitution refers to “he,” many women serve as judges too. All judges serve six-year terms, while the statewide officials of the other branches of government and members of the Ohio Senate serve four-year terms. Members of the Ohio House of Representatives serve two-year terms.
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