The Course of Judicial Review in the State of Ohio

F. R. Aumann

American Political Science Review, 1931, vol. 25, issue 2, 367-376

Abstract: The first constitution of Ohio was framed in 1802, and was not submitted to popular vote for approval. Fashioned by followers of Thomas Jefferson, the new government had as its cardinal principle the doctrine of legislative supremacy. With no power over patronage, and with the veto power denied to him as well, the governor was but a “shadow executive.” Since the judges were appointed by the legislature for the limited term of seven years, the judiciary also played a subordinate rôle.Although the fundamental character of the constitution was conceded, it was a question in the mind of many as to who should determine the nature and scope of that instrument. To ardent Jeffersonians, this matter presented little difficulty; in their judgment, the legislature was fully competent to settle any question that might arise as to the nature of the constitution.

Date: 1931
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