Curtis Rodebush


The goal of this Article is to provide a basic framework from which to begin a separation of powers analysis under the Ohio Constitution. In addition, this Article offers some insights into how a separation of powers controversy should be dissected and suggests some directions that Ohio courts should take in the future. Part I of this Article presents useful background information on the separation of powers doctrine, including its origin, its treatment in the Ohio Constitution, predominant theories of analysis, and relevant Ohio cases. Part II (A) hypothesizes a general approach with which to begin a separation of powers analysis. As will be shown in Part II (B) - (D), the Ohio Supreme Court has not always conducted a proper analysis under predominant separation of powers theories. Part III concludes by proposing that Ohio courts initially categorize a separation of powers case as one involving either administrative bodies, constitutionally decreed branches, or a combination thereof. From that point, courts should ask a series of questions associated with that particular genus of cases when deciding what method of review to implement.


Symposium: The Ohio Constitution - Then and Now: An Examination of the Law and History of the Ohio Constitution on the Occasion of Its Bicentennial