Jonah Patel
The Constitution of Virginia, first adopted in 1776, is the fundamental governing document of the state of Virginia. It has been revised six times since its inception, with the current version in use since 1971. The 1776 Virginia Constitution included a bicameral legislature, an executive governor, and a judicial branch. This document, influenced by social compact theory and the legacy of British constitutionalism, served as a model for France's Declaration of Rights of Man and the Citizen in 1789. The Virginia Constitution's principal architect, George Mason, was also a key figure in drafting the US Constitution, along with James Madison, who is considered the Father of the Constitution. The influence of the Virginia Constitution on the US Constitution is evident, as Madison drew on his experience in Virginia when designing the framework for the new nation.
| Characteristics | Values |
|---|---|
| Year of adoption | 1776 |
| Date of adoption | June 29, 1776 |
| Influence on the US Constitution | Major |
| Influence on other documents | Model for France's Declaration of the Rights of Man and of the Citizen (1789) |
| Architect | George Mason |
| Architect's role in the US Constitution | One of the main drafters |
| Other architects | Madison |
| Other architects' role in the US Constitution | Considered the Father of the Constitution |
| Bicameral legislature | Yes |
| Executive | Governor |
| Judicial branch | Yes |
| Number of revisions | Six |
| Last revision | 1971 |
| Number of amendments | 15 (since 2006) |
| Last amendment | November 5, 2024 |
| Number of articles | 12 |
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What You'll Learn
The 1776 Virginia Constitution
The 1776 Constitution declared the dissolution of British rule over Virginia and accused King George III of England of establishing a "detestable and insupportable tyranny". It also established a separation of governmental powers, with the creation of the bicameral Virginia General Assembly as the legislative body of the state and the Governor of Virginia as the "chief magistrate" or executive. The constitution gave the General Assembly the power to elect the governor annually, as well as judges for various courts. The 1776 Constitution made the executive branch deliberately weak and dependent on the assembly, and the governor was prohibited from acting without the advice of a twelve-member Council of State, which was also elected by the assembly.
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Influence on the US Constitution
Virginia was one of the first states to adopt its own constitution, on June 29, 1776, and the document was widely influential both in the United States and abroad. The Virginia Constitution of 1776 included a bicameral legislature, an executive governor, and a judicial branch. The document’s principal architect was George Mason, who was one of the main drafters of the US Constitution. James Madison, who is considered the "Father of the Constitution", also helped design the Virginia Constitution.
The Virginia Constitution served as a model for France’s Declaration of the Rights of Man and the Citizen (1789). It also influenced the US Constitution, which was ratified by Virginia in 1788. The Virginia Constitution's influence can be seen in the US Constitution's adoption of a bicameral legislature, an executive branch, and a judicial branch. The US Constitution also incorporated concepts from the Virginia Bill of Rights, including the right to due process, the prohibition against double jeopardy, and the right to bear arms.
The Virginia Constitution has undergone several revisions and amendments over time. The current Virginia Constitution, adopted in 1971, has been amended 15 times since 2006. The 1902 revision of the Virginia Constitution, however, took a regressive turn, imposing racial segregation in public schools and disenfranchising black voters. This constitution was adopted without ratification by the electorate and remained in effect longer than any previous Virginia constitution.
The US Constitution, as interpreted by the US Supreme Court, overrides the Virginia Constitution. For example, in 2006, Virginia voters approved a "marriage amendment" to the state constitution, which was later invalidated by the US Supreme Court as it modified the Bill of Rights for the second time since 1776.
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The US Constitution's ratification
The drafting of the US Constitution began on May 25, 1787, when the Constitutional Convention met for the first time at the Pennsylvania State House (now known as Independence Hall) in Philadelphia, Pennsylvania. The convention was held to revise the Articles of Confederation, which, at the time, served as the basis for the US government.
The Articles of Confederation had been ratified in 1781, but they proved to be inadequate for governing the young nation. Between 1781 and 1787, Congress and the states considered several amendments to the Articles to strengthen the powers of Congress. While these amendments had the support of a large majority of both the states and the people, none were adopted because the Articles required the unanimous ratification of state legislatures.
The delegates to the Constitutional Convention of 1787 were aware of the challenges of the previous decade's constitutional heritage. They knew that obtaining ratification from state legislatures would be difficult, so they decided to substitute state conventions as the bodies to consider ratification. This would make the new federal Constitution superior to any specific legislature and would make it easier to obtain ratification.
The first state to ratify the Constitution was Delaware, followed by Pennsylvania, New Jersey, Georgia, Connecticut, Massachusetts, Maryland, South Carolina, New Hampshire, and Virginia. By the time Virginia ratified the Constitution, it was already officially established and in effect for the nine previous states. In addition to ratifying the Constitution, several states requested alterations to be made.
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Virginia's constitutional revisions
Virginia's original constitution was created in 1776, and since then, it has undergone six major revisions and numerous amendments. The state's constitution is supreme over Virginia's laws and government acts, except for the US Constitution and federal law, as per the Supremacy Clause.
The 1830 revision to Virginia's constitution was based on counties rather than population, giving disproportionate power to the propertied whites in the east, who maintained control of the legislature. This led to dissatisfaction among western Virginians, who felt underrepresented in the state leadership.
The 1902 revision was drafted to disenfranchise African Americans, who made up about 36% of the state's population at the time. This was achieved through measures such as the poll tax and burdensome registration requirements. While the number of registered black voters decreased from 100,000 in 1867 to 21,000 in 1902, the provisions also disenfranchised a significant number of poor whites. This constitution was not put to a popular vote due to concerns over African American opposition.
The pressure for revising the 1902 constitution mounted in the 1950s and 1960s with the Civil Rights Movement and the enactment of federal civil rights legislation. The US Supreme Court invalidated Virginia's poll tax in 1966, and in 1968, Governor Mills E. Godwin, Jr. appointed the Commission on Constitutional Revision to address issues of racial discrimination and voting rights. The 1971 constitution, drafted with input from the commission, repudiated the white supremacist taint of 1902 and prohibited government discrimination based on race, colour, national origin, or sex. It also introduced provisions for environmental protection, annual legislative sessions, financing capital improvements, and compliance with the Voting Rights Act of 1965.
Since 1971, additional amendments have been passed, addressing issues such as voting age, residency requirements, and hunting and fishing rights. The process for amending Virginia's constitution is restrictive, requiring multiple votes in the legislature, which has resulted in an average of only one change per year. Recent proposals have included adding a fundamental right to reproductive freedom and removing the governor's power to review the restoration of voting rights for convicted felons.
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The US Constitution's supremacy
The US Constitution, as interpreted by the US Supreme Court, overrides state constitutions, including Virginia's. This is in accordance with the Supremacy Clause.
The original Virginia Constitution was adopted in 1776, and it has had a major impact on the creation of the US Constitution. Virginia was the tenth of the original thirteen states to ratify the US Constitution, and it is known as the "Old Dominion", the "Mother of Presidents", and the "Mother of States". The state has had a significant influence on the nation's history, with eight Virginia natives holding the presidency, including four of the first five: George Washington, Thomas Jefferson, James Madison, and James Monroe.
The 1776 Virginia Constitution included a bicameral legislature, an executive governor, and a judicial branch. The document's principal architect was George Mason, who drew on social compact theory, the legacy of British constitutionalism, and the insights of his time. The Virginia Constitution's influence even extended to being a model for France's Declaration of Rights of Man and the Citizen (1789).
The US Constitution, as interpreted by the US Supreme Court, takes precedence over state constitutions, including Virginia's. This was demonstrated in the case of Brown v. Board of Education in 1954, where the US Supreme Court's decision invalidated the "separate but equal" doctrine and mandated racial desegregation in public schools. This ruling was based on the Fourteenth Amendment's Equal Protection Clause, which guarantees that no state shall deny any person within its jurisdiction the equal protection of the laws.
Additionally, the US Constitution's Fifteenth Amendment, which prohibits states from denying the right to vote based on race, colour, or previous conditions of servitude, superseded Virginia's Constitution, which had restricted the opportunity to vote to white males. The US Constitution, as interpreted by the US Supreme Court, takes precedence and ensures that state constitutions and laws comply with its provisions.
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Frequently asked questions
Virginia's first Constitution was created in 1776, and the current one was adopted in 1971.
Virginia's Constitution has been fully revised six times, with additional adjustments along the way.
Yes, Virginia's 1776 Constitution influenced the US Constitution. James Madison, considered the "Father of the Constitution", used his learnings from Virginia when helping to design the US Constitution.
The 1776 Virginia Constitution included a bicameral legislature, a governor as the executive, and a judicial branch. It also included a Declaration of Rights, which served as a model for France's Declaration of Rights of Man and the Citizen in 1789.
Virginia's Constitution has incorporated concepts from the US Bill of Rights, including the right to due process, the prohibition against double jeopardy, and the right to bear arms. Additionally, the US Constitution, as interpreted by the US Supreme Court, overrides state constitutions.
