Chapter 6 – The Legislative Branch
6.1 Powers & Functions of the House & Senate
The Ohio General Assembly, composed of the House of Representatives and Senate, is the state’s legislative branch and serves as the cornerstone of Ohio’s government. Its broad powers and responsibilities are vital to shaping the policies, programs, and governance that affect the lives of all Ohioans. These powers can be grouped into several key areas, including lawmaking, budgeting, taxation, representation, and maintaining checks and balances within the state government.
Foundational Facts
The powers of the Ohio General Assembly derive from Article II ofthe Ohio Constitution, which grants the legislature broad authority to govern and serve the people of Ohio.
Lawmaking Powers
The General Assembly’s lawmaking powers are central to its role. It is responsible for drafting and enacting laws that regulate daily life, address critical issues, and shape the state’s future. These laws cover a wide range of topics, such as public safety, education, healthcare, and business regulation. For example, the legislature establishes school funding formulas, regulates healthcare facilities, and sets standards for businesses operating within Ohio. Additionally, the General Assembly has the authority to propose amendments to the Ohio Constitution. These amendments, once approved by the legislature, are placed on the ballot for voter approval, allowing significant legal changes to reflect the will of Ohio’s citizens.
Budget Creation
Budget creation is another critical responsibility of the General Assembly. Every two years, legislators develop and approve a biennial state budget that allocates resources to meet the needs of Ohioans. The budget is a blueprint for how public funds will be spent on essential services like education, healthcare, public safety, and infrastructure maintenance. For example, the budget provides funding to ensure schools have the resources to educate students, supports law enforcement and emergency services, and maintains the state’s roads and bridges. The budget process reflects the state’s priorities and ensures that resources are managed responsibly to benefit Ohio’s citizens.
Taxing Power
Closely related to budget creation is the General Assembly’s taxing power, which is essential for generating the revenue needed to fund state operations. The legislature establishes tax policies, including income, sales, and property taxes, to provide the funds necessary for programs and services. Taxes are not just tools for revenue generation; they can also influence behavior and promote broader policy goals. For example, taxes on cigarettes are designed to discourage smoking, while tax incentives are often used to attract businesses.
Foundational Facts: What Do We Mean by the Term “Power of the Purse”?
The term “power of the purse” refers to the authority of a legislative body, like the Ohio General Assembly, to control public spending and taxation. This power is fundamental to representative government because it means that elected officials, not unelected leaders, determine how public money is collected and spent. By holding the purse strings, the legislature can shape policies, fund priorities, and serve as a check on the executive branch’s power.
The term “power of the purse” originates from the principles emphasized by the Founding Fathers during the creation of the U.S. Constitution. Alexander Hamilton and James Madison both highlighted the importance of legislative control over finances in the Federalist Papers. In Federalist No. 58, Madison described the power of the purse as “the most complete and effectual weapon with which any constitution can arm the immediate representatives of the people.”
Representation and Advocacy
As representatives of the people, members of the General Assembly play a vital role in advocating for their constituents and ensuring their voices are heard in state government. Legislators address the concerns of their districts by proposing laws and policies that reflect local priorities. For example, a representative from a rural district might advocate for agricultural subsidies, while one from an urban area might focus on affordable housing initiatives. Public engagement is also an essential aspect of the legislature’s work. Through public hearings, town halls, and other forums, citizens have the opportunity to participate in the legislative process, share their opinions, and influence decision-making.
Maintaining Checks and Balances
The General Assembly also has the important responsibility of maintaining checks and balances within Ohio’s government. It ensures accountability by overseeing key appointments and addressing misconduct when necessary. The Senate confirms the governor’s appointments to significant positions, such as judges and agency heads, ensuring that qualified individuals are chosen to serve the state. Additionally, the General Assembly has the power to impeach and remove state officials accused of wrongdoing. The House of Representatives initiates impeachment proceedings, and the Senate conducts the trial, requiring a two-thirds vote to convict and remove the official from office. These mechanisms ensure that no branch of government becomes too powerful or acts outside the bounds of the law.
The powers and functions of the Ohio General Assembly are foundational to the state’s governance. By creating laws, managing the budget, generating revenue, representing citizens, and maintaining checks and balances, the legislature plays a central role in shaping Ohio’s policies and ensuring its government operates effectively and responsibly. These responsibilities make the General Assembly a vital institution for advancing the well-being and prosperity of Ohioans.
