Comparing Constitutions: Ohio Name: If You’ve Seen One . . . . . . you have not seen them all! The United States Constitution isn’t the only constitution in America. Each state also has its own constitution that is the “law of the land” inside the state’s borders (except, of course, that the U.S. Constitution is the supreme law of the United States and is superior to individual state constitutions). State constitutions are different from the United States Constitution in many ways, but there are many similarities, too. For example, the U.S. Constitution begins with a preamble that introduces the Constitution and explains its purpose. The Ohio Constitution also has a preamble. Activity A: Compare the U.S. Constitution’s preamble with the Ohio Constitution’s preamble. Box the parts that are the same (or basically the same) in both documents. ion U.S. Constitut , the United States We the People of a more perfect in Order to form estic stice, insure dom Ju h is bl ta es , on Uni defense, for the common e id ov pr , ty ili Tranqu secure ral Welfare, and promote the gene to ourselves and y rt be Li of gs the Blessin ish this ordain and establ do y, it er st Po r ou America. United States of e th r fo n io ut it Const ution Ohio Constit the State of We, the people of r Almighty God fo Ohio, grateful to and re its blessings cu se to , m do ee our fr ish elfare, do establ w on m m co r ou promote this Constitution. Government Rules! Just as the U.S. Constitution gives the rules for how the U.S. government should run, state constitutions give rules for how a state government should run. State governments operate independently from the federal government, and a state’s constitution sets out the structure and functions of the state’s government. Like the U.S. Constitution, all state constitutions create three branches of government: Executive, Judicial, and Legislative. States may structure their individual branches differently than the federal government, however, because state governments have a lot of responsibilities that are different from what the federal government does. The U.S. Constitution requires states to be governed by a representative democracy, which means state citizens must be able to elect their government representatives. But beyond that, states are free to organize their governments in a way that best suits the state’s individual needs. © 2016 iCivics, Inc. Reading & Activity ̶ Side A Comparing Constitutions: Ohio Name: Activity B: Compare how the government is set up in the U.S. Constitution with how the state government is set up by the Ohio Constitution. This time, underline the parts that are different. U.S. Constitution Ohio Constitution The executive Power shall be vested in a President of the United States of America. The supreme executive power of this State shall be vested in the Governor. The judicial Power of the United States shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The judicial power of the state is vested in a supreme court, courts of appeals, courts of common pleas and divisions thereof, and such other courts inferior to the Supreme Court as may from time to time be established by law. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. The legislative power of the state shall be vested in a General Assembly consisting of a Senate and House of Representatives... The House of Representatives shall be composed of Members chosen every second year... Representatives shall be elected biennially [and] their term of office shall... continue two years. ... No person shall hold the office of State Representative for a period longer than four successive terms of two years. The Senate of the United States shall be composed of two senators from each State, chosen for six Years… [S]enators shall be elected to and hold office for terms of four years. ... No person shall hold the office of State Senator for a period longer than two successive terms of four years. Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated... If... two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. © 2016 iCivics, Inc. Every bill which has passed both houses of the General Assembly... shall be presented forthwith to the governor for his approval. If the governor approves an act, he shall sign it, it becomes law... If he does not approve it, he shall return it with his objections in writing, to the house in which it originated... If three-fifths of the members elected to the house of origin vote to repass the bill, it shall be sent ... to the other house, which may also reconsider the vote on its passage. If three fifths of the members elected to the second house vote to repass it, it becomes law... Reading & Activity ̶ Side B Comparing Constitutions: Ohio Name: Layers of Government Both the U.S. and Ohio constitutions create goverments where smaller units of government share power with a larger government. However, the power-sharing systems work very differently. National Layers of Government States Ohio Layers of Government Counties States are a unit of government that existed before the U.S. Constitution was written. (There were only 13 states back then, and Ohio was not one of them.) The Ohio Constitution authorizes units of government called counties. Nine existed before Ohio became a state. Townships Nation The U.S. Constitution creates a larger unit of government. This federal government got its power and authority from the states. Activity C: The relationship between larger and smaller units of government in Ohio (and all states) is the opposite of the relationship at the national level. Explain how: _________________________________________ _________________________________________ _________________________________________ _________________________________________ Townships are small units of government created by the U.S. federal government before Ohio became a state. Ohio’s constitution affirms them. Cities/Villages Finally, Ohio’s constitution authorizes even smaller units of government— cities and villages. Areas not classified as a city or village are governed by townships and counties. _________________________________________ _________________________________________ © 2016 iCivics, Inc. Reading & Activity ̶ Side C Comparing Constitutions: Ohio Name: Everybody’s Got Rights The U.S. Constitution itself doesn’t include many protections for individual rights. These kinds of rights are listed in the first ten amendments to the Constitution, called the Bill of Rights, and in many of the other 27 amendments. State constitutions contain many of these same rights and guarantees, which are normally written into the state’s constitution itself. Why the overlap? Before 1925, the Bill of Rights was understood to restrict only the federal government’s actions—not state governments’ actions. Each state’s constitution guaranteed its citizens certain individual rights, which were often the same as those in the Bill of Rights. Since 1925, the Supreme Court has ruled that most of the Bill of Rights applies at the state level, too. States can’t offer citizens fewer rights, but they can offer more, and sometimes they do. Activity D: Compare the following rights found in these U.S and Ohio founding documents. Answer the questions about each comparison. U.S. Declaration of Independence We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. U.S. Constitution X Ohio Constitution All men are, by nature, free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and seeking and obtaining happiness and safety. -- from Article 1, Section 1 1. Circle the three rights listed in the Declaration of Independence. 2. Ohio’s constitution lists more than three “inalienable rights.” List them here (one word per right) and circle them above. ___________________ ____________________ ___________________ ____________________ 3. The Ohio Constitution gets even more specific about these rights. Underline the seven verbs that explain in detail exactly what is meant by these rights. ___________________ U.S. Constitution Ohio Constitution A well regulated Militia, being necessary to the security of a The people have the right to bear arms for their defense free State, the right of the people to keep and bear Arms, and security... -- from Article 1, Section 4 shall not be infringed. -- from Amendment 2 4. Which constitution seems more clear about why people have the right to keep and bear arms? • Circle your choice. • Underline the words or phrases that support your answer. © 2016 iCivics, Inc. Reading & Activity ̶ Side D Comparing Constitutions: Ohio U.S. Constitution Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof... -- from Amendment 1 Name: Ohio Constitution All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own conscience. No person shall be compelled to attend, erect, or support any place of worship, or maintain any form of worship, against his consent; and no preference shall be given, by law, to any religious society... Religion, morality, and knowledge, however, being essential to good government, it shall be the duty of the General Assembly to pass suitable laws, to protect every religious denomination in the peaceable enjoyment of its own mode of public worship, and to encourage schools and the means of instruction. -- from Article 1, Section 7 5. Which constitution does each statement apply to? Check one or both circles. U.S. Ohio Forbids laws that would establish a preferred religion. Requires laws to protect religious worship. Declares that religious worship is a natural right. Gives people the right to practice religion as they choose. U.S. Declaration of Independence [T]o secure these [inalienable] rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government... U.S. Constitution 6. The Ohio Constitution is more specific about people’s rights. Find and underline words and phrases that show this. 7. Find and circle the three things Ohio’s constitution says are essential to good government. Does this surprise you? Do you agree? (Just think about it—no need to write anything.) Ohio Constitution All political power is inherent in the people. We the People of the United Government is instituted for their equal States... do ordain and protection and benefit, and they have the establish this Constitution for right to alter, reform, or abolish the same, the United States of America. whenever they may deem it necessary;. -- from the Preamble -- from Article 1, Section 2 8. The Ohio Constitution says all political power belongs to the people. Underline the words in the Declaration of Independence that mean the same thing. 10. The Ohio Constitution gives Ohioans some rights. Does this same section imply that Ohioans have some responsibilities, too? Brainstorm as many as you can think of: 9. Explain how the Preamble excerpt from the U.S. Constitution shows that power belongs to the people: _______________________________________ ______________________________________ ______________________________________ ______________________________________ © 2016 iCivics, Inc. _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ Reading & Activity ̶ Side E Comparing Constitutions: Ohio Name: We Need a Little Change Around Here Nothing stays the same—not even constitutions. Changing a constitution is a big deal. That’s because a constitution is the foundation for all the other laws in the country or in a state. Because constitutions are so important, it’s not easy to change them. They don’t pull a constitutional amendment out of a hat! Usually there is a complicated procedure that requires many people to agree on the proposed amendment. There are two main steps to amending (changing) most constitutions: proposing (suggesting) an amendment and ratifying (approving) the amendment. Activity E: Compare the methods for amending the U.S. Constitution with the methods for amending Ohio’s Constitution. Answer the questions. U.S. Constitution Step 1: Method 1: Two-thirds of the members of both the Senate and the House of Representatives vote to propose an amendment. Proposing an Amendment Method 2: The legislatures in two-thirds of the states vote to propose an amendment. Step 2: Method 1: The legislatures in threefourths of the states vote to approve the amendment. Ratifying Method 2: Three-fourths of the states an Amendment hold conventions that vote to approve the amendment. Look at Method 1 for proposing an amendment. Shade the fraction circles below and check the box to show which constitution requires a higher percentage of approval: U.S. Constitution © 2016 iCivics, Inc. Ohio Constitution Method 1: Either the Ohio House of Representatives or the Ohio Senate proposes an amendment, and three-fifths of members of both houses vote to approve the idea. Method 2: Two-thirds of the members of both the Ohio Senate and the Ohio House of Representatives vote to call a convention for proposing an amendment. Only Method: The proposed amendment from either the General Assembly or the special convention is put on a ballot and submitted to voters in an election. If a majority of those voting in the election approve the amendment, it is added to the Constitution. Explain the major difference between how amendments to the U.S. Constitution and the Ohio Constitution are ratified: Ohio Constitution Reading & Activity ̶ Side F