Abstract
This Article is an expansion of comments by Steven H. Steinglass at a Symposium on Democracy sponsored by the Cleveland State Law Review and held on October 27, 2023. The Symposium looked broadly at threats to democracy, but the panel on which he participated focused more narrowly on the Ohio Constitution and Democracy. The Article reviews the history of direct democracy in Ohio with an emphasis on the constitutional initiative. Part I of this Article discusses the historical origins of direct democracy in Ohio and the iconic Ohio Constitutional Convention of 1912 that proposed Ohio’s direct democracy amendment. Particular attention is given to the role of the Progressive Movement, the urban reformers, the business community, organized labor, the liquor industry, and the woman’s suffrage movement. Part II reviews the use of the constitutional initiative in Ohio since 1912. Part III then begins an examination of 2023, which was the most consequential year for the Ohio Constitution since the 1912 Convention, by reviewing the rejection by Ohio voters in August 2023 of a proposal to increase the passing threshold for Ohio constitutional amendments from a simple majority to 60%. Part IV continues the examination of 2023 by reviewing the approval in November 2023 by Ohio voters of a reproductive rights amendment. Part V examines the political and legal responses to the amendment. Finally, Part VI discusses the future of direct democracy in Ohio by looking at topics that are likely to be addressed through constitutional initiative. This Part also expresses the view that direct democracy supplements representative democracy and is part of Ohio’s constitutional heritage. As such, despite the overreliance and politicization of the constitutional initiative and the failure to eliminate excessive words in the state constitution, political actors should work to improve the tools of direct democracy while remembering that the Ohio Constitution is a fundamental document that should be treated with respect.
Recommended Citation
Steven H. Steinglass and Ernest M. Oleksy,
Direct Democracy: Ohio Style,
73 Clev. St. L. Rev.
101
(2024)
available at https://engagedscholarship.csuohio.edu/clevstlrev/vol73/iss1/13