Joint Brief of Amici Curiae Governor Ted Strickland and Eighteen Ohio Professors of Constitutional Law in Support of Respondent, State ex rel. Ohio Gen. Assembly v. Brunner, No. 2007-0209 (Ohio filed 2007).

Authors

• Wilson R. Huhn, The University of Akron School of LawFollow
• William D. Rich, The University of Akron School of LawFollow
• Ted Strickland, Governor of Ohio
• Joanne C. Brant, Ohio Northern University Claude W. Pettit College of Law
• Philip J. Closius, The University of Toledo College of Law
• Sharon L. Davies, The Ohio State University Moritz College of Law
• Joshua Dressler, The Ohio State University Moritz College of Law
• Melvyn R. Durchslag, Case Western Reserve University School of Law
• David Goldberger, The Ohio State University Moritz College of Law
• Kevin D. Hill, Ohio Northern University Claude W. Pettit College of Law
• Candice Hoke, Cleveland State University College of Law
• Daniel T. Kobil, Capital University Law School
• Deborah Jones Merritt, The Ohio State University Moritz College of Law
• Kevin Francis O'Neill, Cleveland State University College of Law
• Richard B. Saphire, University of Dayton School of Law
• Peter M. Shane, The Ohio State University Moritz College of Law
• Steven H. Steinglass, Cleveland State University College of Law
• Mark Strasser, Capital University Law School
• Robert N. Strassfeld, Case Western Reserve University School of Law

Document Type

Court Filing

Publication Date

4-2007

Abstract

Art. II, § 16 of the Ohio Constitution recognizes the importance of maintaining the separation of powers among the branches of state government by giving the Governor the independent power to disapprove bills after the General Assembly has passed them. If the Governor utilizes his constitutional authority to veto a bill, the bill is dead, unless the General Assembly exercises its constitutional authority to override the veto. Thus, the only constitutionally authorized way the General Assembly can render a Governor's veto ineffective is by a super-majority vote to override the veto. Yet, in this case, Relators assert that the Ohio Constitution provides an unwritten, back-door means by which the General Assembly can impede the Governor's authority to exercise his veto power, taking the veto pen out of the hand of the Governor at the discretion of a simple majority of the members of the General Assembly. This Court cannot recognize such an unprecedented, unauthorized, unspoken assault on the Governor's constitutionally established veto authority.

Publication Title

The Supreme Court of Ohio

Recommended Citation

Huhn, Wilson R.; Rich, William D.; Strickland, Ted; Brant, Joanne C.; Closius, Philip J.; Davies, Sharon L.; Dressler, Joshua; Durchslag, Melvyn R.; Goldberger, David; Hill, Kevin D.; Hoke, Candice; Kobil, Daniel T.; Merritt, Deborah Jones; O'Neill, Kevin Francis; Saphire, Richard B.; Shane, Peter M.; Steinglass, Steven H.; Strasser, Mark; and Strassfeld, Robert N., "Joint Brief of Amici Curiae Governor Ted Strickland and Eighteen Ohio Professors of Constitutional Law in Support of Respondent, State ex rel. Ohio Gen. Assembly v. Brunner, No. 2007-0209 (Ohio filed 2007)." (2007). Con Law Center Amicus Briefs. 15.
https://ideaexchange.uakron.edu/conlawakronamicus/15