Constitutional Rights: A Call for Reform
FEATUREDACTIVISM
Restoring Accountability and Ethics to the ORP: Why Using Party Funds for Personal Gain Undermines the Political Will of Ohio Republicans and How Educating Citizens about the Significance of Central Committees is Key to a More Accountable Political System.
Introduction
The COVID-19 pandemic has revealed shortcomings in Ohio's court system that fail to protect Ohioans' rights when it comes to gubernatorial overreach. Governor DeWine suspended Ohio's legislature's involvement in handling the COVID-19 emergency, ignoring Ohio's Constitution's clear provisions. Such disregard for the Constitution should concern all Ohioans and all political parties. This article argues for a series of policy changes to prevent future gubernatorial overreach and protect Ohioans' rights.
The Importance of Ohio's Constitution
Ohio's Constitution explicitly spells out how emergencies should be handled. It states that emergency laws necessary for the immediate preservation of the public peace, health or safety shall go into immediate effect. Such laws must receive a two-thirds vote of all members of the general assembly. The reasons for such necessity must be set forth in one section of the law, which must be passed only upon a yea and nay vote, upon a separate roll call. Laws of this nature are not subject to a referendum.
Gubernatorial Overreach
Governor DeWine has ignored Ohio's Constitution by effectively suspending the involvement of the Ohio legislature in handling the COVID-19 emergency. Many legislators have categorized this Constitutional crisis as a policy dispute, which is incorrect. The Governor's actions are a blatant disregard for the Constitution, and this is no different from if the Governor ordered the arrest of the legislature and held them in prison indefinitely without trial.
Law Enforcement and the Constitution
Ohio law enforcement officials swear an oath to uphold the U.S. and Ohio Constitutions, not the Ohio Revised Code, which has an unconstitutional law in direct opposition to Ohio's Constitution. Any law enforcement official who enforces unconstitutional orders should be removed from their post.
Impeachment and the Ohio Legislature
The legislature is obligated, even if Governor DeWine restores power to the General Assembly, to bring articles of impeachment against Governor DeWine. Ohio's House of Representatives is the only policing authority for the governor and judiciary. Any legislator who refuses to impeach Governor DeWine is breaking their oath of office. Failure to impeach shows the need to empower Ohioans with a mechanism to restore their representation.
Conclusion
The COVID-19 pandemic has exposed flaws in Ohio's court system, particularly when it comes to protecting Ohioans' constitutional rights during emergencies. Governor DeWine's suspension of the Ohio legislature's involvement in handling the COVID-19 emergency shows a disregard for Ohio's Constitution. To prevent future gubernatorial overreach, this article proposes a series of policy changes, including a recall provision for state officials, a part-time legislature, and performance-based pay for legislators and state officers. Additionally, law enforcement officials who enforce unconstitutional orders should be removed from their post, and the legislature should impeach Governor DeWine if he does not restore power to the General Assembly. By implementing these policy reforms, Ohio can protect its citizens' constitutional rights and ensure that its government serves the people.
The proposed recall provision would require an annual vote of confidence during the primary for all current officeholders. If more voters express no-confidence in an officeholder than express confidence, and if there are more no-confidence votes than the officeholder received in the last election, the officeholder would be removed from office. This policy is groundbreaking as it does not require thousands of signatures from the public.
Recall Provision for State Officials:
Both chambers of the Ohio legislature can meet physically at the State Capital no more than 40 times per year and only on Saturdays or Sundays. The legislature is free to meet electronically (by video conference) weekly from 5 pm to 9 pm. This facilitates greater participation between legislators and their constituents and allows for greater participation by the working public.
Part-Time Legislature
During any emergency, if any of our state representatives' powers are being abridged for more than 14 days, Ohioans shall have no duty to pay state taxes. This policy provides a check on any out of control government, and Ohioans can withhold their taxes legally.
No Taxation Without Representation:
Legislators should be paid a bonus when unemployment falls below a pre-determined threshold, and Ohio's GDP rises above a pre-determined threshold. Bonus pay incentivizes legislators to do the right things to grow the economy.
