The states are the central actors in the United States system of governments. Just as the national government was created by the states, so are local governments creatures of the state. The Ohio Constitution and Ohio Revised Code outline the form, function and powers of local governments.
Ohio government has a rich history. Ohio is a part of western lands ceded by New York, Virginia, Massachusetts and Connecticut. In 1787, the Confederate Congress passed an ordinance for the "governance of the territory of the United States northwest of the river Ohio." This land became known as the Northwest Territory, and eventually five states were carved from it.
The ordinance of 1787 provided for and outlined the duties of Territorial officers. Initially they were a governor, a secretary and three judges. The governor and judges were responsible for adopting and publishing "such laws ..., criminal and civil, as may be necessary, and best suited to the circumstances of the district ...." The governor also appointed local magistrates and other civil officers as necessary to preserve peace and order in the townships and counties, also established by the governor.
When the free male population of the Territory reached five thousand, the Ordinance of 1787 authorized the election of a general assembly, with one representative for each five hundred free male inhabitants.
The general assembly was responsible for defining the duties of the magistrates and other civil officers, who were still appointed by the governor.
The Ordinance defined the outlines of five states, and provided that each could be admitted into the United States when they reached a population of sixty thousand free inhabitants.
The Ordinance also provided for legal entitlements of the inhabitants and encouraged schools. It prohibited slavery and established the navigable waters and tributaries of the Mississippi and Saint Lawrence Rivers as common highways, forever free.
Following guidelines established by the Ordinance of 1787, Congress, on April 30, 1802, authorized an Ohio Constitutional Convention. Elections were held to elect delegates to the convention, which convened in September of 1802 in Chillicothe. Following the adoption of the Constitution, a special election was held in January 1803 to elect a governor, members of the general assembly, sheriffs and coroners. In March of 1803 Ohio was admitted to the union as the seventeenth state of the United States.
The Constitution of Ohio, 1802, outlined the powers and duties of the legislative, executive and judicial branches; provided for the election of a sheriff and coroner in each county; directed that other civil officers be appointed by law; and established a Bill of Rights.
Articles II and XVI of the Ohio Constitution describe three ways of initiating amendments to the document. They are by three-fifths vote of the Ohio General Assembly, by initiative petition of qualified voter signatures equal to 10% of the votes cast in the next previous gubernatorial election, and by constitutional convention. Every twenty years, commencing in 1932, the question of whether or not a constitutional convention should be called is put to the voters. Additionally, a two-thirds vote of each branch of the General Assembly may put the same question to the voters. No matter which method of amendment initiation is used, the amendment must be approved by a majority of voters at a special or general election.
The Constitution of Ohio is the basis for all other state and local laws. All political authority not delegated to the federal government or reserved to the people is subject to definition by the Constitution.
The Ohio Revised Code (ORC) is a codification of the statutes adopted by the General Assembly. This present code replaced the Ohio General Code in 1953. All of these statutes (laws) must be in conformance with the Constitution. The ORC provides authorization and rules of conduct for many activities, including those of local government.
From time to time the General Assembly creates administrative agencies to regulate specific activities. For instance, the Ohio Environmental Protection Agency (Ohio EPA) was created in 1972. The Ohio EPA has the authority to make rules in many areas of environmental concern. All rules of all agencies are subject to an administrative procedure, outlined in ORC 199, and once adopted become a part of the Ohio Administrative Code.