Ottawa County news. (Port Clinton, Ohio) 1931-1956, 1952-10-03
WHAT CAN A CONSTITUTIONAL
CONVENTION DO AND NOT DO?
A LEGISLATOR TELLS YOU HERE
BY JAMES A. YOUNG
State Representative, Erie countya Judge, ant


cided by the people of Ohio on
Nov. is whether or not Ohio
shall have constitutional con-
vention next year.
When approaching this subject
it is we'll that we briefly review in
our minds just exactly what is
our State Constitution.
AS we understand our constitu-
ton, it is the basic law of Ohio.
The constitution fixes our duties
toward one another and to the
government and the government
| to us.
It guarantees certain rights and
privileges to all of us equally, ir-
respective of who we are. It estab-
fishes the frame work of govern
ment in Ohio and it is the basic
authority for all laws that are
passed by the General Assembly.
It is the chart for the countless
decisions of our State Courts.
Now as to the function of our
state constitution.
First, it sets forth in what is
known as "The Bill of Rights"
rights of the Individual citizen are
set up, such as the right to trial
by jury, writ of habeas corpus,
right to worship God as we see
fit, etc.
Second, it sets up the frame
work of our government defining
the powers of the executive, leg
islative and judicial branches of
our government.
With this in mind, does our
present constitution need TO be
rewritten today? There are many
individual citizens and groups who
have made serious study Of this
question, and some strongly favor
it and on the other hand some Wig
orously oppose it.
Those that insist on Constitu-
tional Convention usually agree
and rest their case on the follow
ing principal arguments.
/. The constitution contains OBJ
solete provisions that should be
eliminated.
2. Changing the method of Sc
lecting the members of the House
of Representatives, giving great
er weight to the more populated
areas of the State.
8. Streamlining our Govern
ment such as more power to the
Governor and extending his term
for four years.
4. Our judges should be ap-
pointed rather than elected.
S. That the Home Rule provi-
sions of the constitution should be
changed so as to give greater pow
er to local governments.
Now to answer the main objec-
tiveS of the proponents and elab-
crate on them somewhat.
| 1t is not obvious that if some of
the provisions of the constitution
are obsolete, that we do not just
have to pay any attention to them,
and can we not take out the $50
called dead timber" by a more
simple method thar Constitu-
tional Convention. Further, / think
it would be rather costly to the
taxpayers, just TO have a conven-
ton to take OFT these few Sec
tions, perhaps at a cost of two to
three million dollars.
There are many who would like
to streamline our Government,
elect the Governor for a greater
period of time a years., and that
in itself is valid proposition, but
then the proponents say that the
Governor should appoint the At.
torney General, Auditor, Secre.
tary of State.
Of course, there is much to be
said for streamlining, and there is
no question that many inefficien-
cies come as a result of these
separate officials, yet has not the
present confusion in Government
taught us that there is not enough
direct responsibilities on the part
of many officials to the people.
In the life of a republic, the
time comes when the people must
decide whether they want a de
mocracy with some of the ineffi
ciencies, or do they prefer q
more autocratic form of govern
ment, which usually results in q
dictatorship? In streamlinging, re
member, we are not getting away
from our fundamental idea of free
dom, and that Government is af
ter all the people.
! Now as to the matter of our iu
dicial system.
y The Ohio Bar Association has
made several recommendations
such as the appointment of the
Supreme Court and Appellate
Judges by the Governor for a sis
year period, then thereafter the
Judge to run on his record. Elec
tive Judges would be nominated
by Petition instead of by Party
! primary.
The probate Court would be
made part of the Common Plea.