Malcolm Rivera
The Constitution of Virginia is the document that defines and limits the powers of the state government and the basic rights of the citizens of the Commonwealth of Virginia. The original Virginia Constitution of 1776 was enacted at the time of the Declaration of Independence by the first thirteen states of the United States of America. Since then, there have been six major revisions of the constitution, with the most recent one in 1971. The constitution covers various topics, including the voting process, the role of the governor, and the protection of citizens' rights. One of the most notable aspects of Virginia's constitution is its focus on restricting black voting rights, which has been a controversial issue in the state's history.
| Characteristics | Values |
|---|---|
| Date of original enactment | June 29, 1776 |
| Date of latest revision | 1971 |
| Number of subsequent revisions | 6 |
| Voting age | 18 |
| Voting rights | All male citizens over the age of 21, including freedmen |
| Office holding rights | Virginia resident for at least one year and eligible to vote |
| Judicial power | Vested in a Supreme Court and in such other courts of original or appellate jurisdiction subordinate to the Supreme Court |
| Oath of office | "I do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge all the duties incumbent upon me..." |
| Taxation | Uniformity, classification, segregation, assessments, property, exemptions, franchise taxes, collection and disposition of state revenues, state debt, lending of credit |
| Natural resources | Conservation and development of natural resources and historical sites, including natural oyster beds |
| Hunting and fishing | Right of the people to hunt, fish, and harvest game |
| Religion | All men are entitled to the free exercise of religion according to their conscience |
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What You'll Learn
- The Constitution of Virginia defines and limits the powers of the state government
- It also outlines the basic rights of citizens of the Commonwealth of Virginia
- The original Virginia Constitution was enacted in 1776
- There have been six major revisions since, the last in 1971
- The document is supreme over Virginia's laws and government acts
The Constitution of Virginia defines and limits the powers of the state government
The Constitution of Virginia, like all other state constitutions, defines and limits the powers of the state government and the basic rights of the citizens of the Commonwealth of Virginia. The original Virginia Constitution of 1776 was enacted at the time of the Declaration of Independence by the first thirteen states of the United States of America. Virginia was one of the first states to adopt its own Constitution on June 29, 1776, and the document has been widely influential both in the United States and abroad.
The Constitution of Virginia has been amended frequently and has undergone six major revisions (in 1830, 1851, 1864, 1870, 1902, and 1971). The Governor of Virginia is the chief executive and is vested with significant powers, including the conduct of intercourse with other and foreign states, filling vacancies in offices, remitting fines and penalties, granting reprieves and pardons, and commuting capital punishment. The Governor also has the power to require information and inspect official books and accounts from any officer of any executive or administrative department, office, agency, or public institution.
The Constitution sets out the procedures and mechanisms for voting, elections, and holding office. It establishes that any Virginia resident over the age of 18 may vote in state elections, with certain exceptions for mental incompetence or felony convictions. The General Assembly is given wide powers to regulate the time, place, and manner of all elections. The qualifications to hold office in Virginia are minimal, requiring only state residency for at least one year and eligibility to vote.
The Constitution also addresses taxation and finance, judicial power, and the conservation of natural resources and historical sites. It guarantees certain rights, such as freedom of speech and the right to bear arms. Additionally, it includes provisions for the appointment and removal of administrative officers and the immunity of legislators.
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It also outlines the basic rights of citizens of the Commonwealth of Virginia
The Constitution of the Commonwealth of Virginia defines and limits the powers of the state government and outlines the basic rights of its citizens. The original Virginia Constitution was enacted in 1776, and there have since been six major revisions (in 1830, 1851, 1864, 1870, 1902, and 1971).
The Constitution guarantees the right to freedom of religion, stating that "all men are equally entitled to the free exercise of religion, according to the dictates of conscience". It also ensures that no person shall be compelled to participate in any religious worship or be burdened in their body or goods because of their religious beliefs.
The Constitution also outlines voting rights and procedures. It states that any Virginia resident over the age of 18 may vote in state elections, with exceptions for those deemed mentally incompetent or convicted of a felony. It also grants the General Assembly the power to regulate the time, place, and manner of all elections, and establishes that the only qualifications to hold office in Virginia are being a resident for at least one year and being eligible to vote.
The document also covers taxation and finance, judicial power, and the conservation of natural resources and historical sites. For example, it states that the judicial power of the Commonwealth shall be vested in a Supreme Court and such other courts as the General Assembly may establish. It also affirms the right of the people to hunt, fish, and harvest game.
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The original Virginia Constitution was enacted in 1776
The original Virginia Constitution was enacted on June 29, 1776, at the time of the Declaration of Independence by the first 13 states of the United States of America. Virginia was an early state to adopt its own Constitution, and the document was widely influential both in the US and abroad.
The 1776 Constitution declared the dissolution of the rule of Great Britain over Virginia and accused England's King George III of establishing a "detestable and insupportable tyranny". It 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 Virginia Declaration of Rights, written primarily by Mason, accompanied the Constitution and focused on guarantees of basic human rights and freedoms, as well as the fundamental purpose of government. It served as a model for a number of other historic documents, including the United States Bill of Rights.
The 1776 Constitution was framed by a Convention, composed of 45 members of the colonial house of burgesses, which met at Williamsburg on May 6, 1776, and was adopted on June 29, 1776. It was not submitted to the people for ratification. The Convention of 1776 met in the Capitol in Williamsburg from May 6 through July 5, 1776. On May 15, the elected delegates unanimously instructed Virginia's representatives in the Continental Congress to introduce a resolution of independence. On June 12, they unanimously adopted the Virginia Declaration of Rights, and on June 29, they unanimously adopted the state's first "Constitution or Form of Government".
The 1776 Constitution continued without change the colonial practice of allotting each county, regardless of size or population, two members in the House of Delegates, and it created the new 24-member Senate of Virginia. The Constitution established the powers of a governor, Council of State, and General Assembly independent of Great Britain. The legislative was to be formed of two distinct branches, which together, would be a complete Legislature, called The General Assembly of Virginia. One of these was to be called The House of Delegates, consisting of two representatives to be chosen for each county.
The 1776 Constitution has been revised several times since its enactment, with six major subsequent revisions of the constitution (by Conventions for the constitutions of 1830, 1851, 1864, 1870, 1902, and by commission for 1971 amendments). These new constitutions have been part of, and in reaction to, periods of major regional or social upheaval in Virginia.
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There have been six major revisions since, the last in 1971
The Constitution of Virginia has undergone six major revisions since its original enactment in 1776, with the last one taking place in 1971.
The first constitution was adopted on June 29, 1776, and was influential both in the United States and abroad. The 1830, 1851, 1864, 1870, and 1902 revisions were all undertaken by convention, while the 1971 revision was done by commission. The 1971 Constitution of Virginia was drafted by the Commission on Constitutional Revision, which was authorized by Governor Mills E. Godwin Jr. and presented its report and recommendations in January 1969. The proposed constitution was approved by Virginia voters and took effect on July 1, 1971.
The 1971 Constitution addressed several key issues. Firstly, it required approximate equality of population in all legislative and congressional districts. Secondly, it empowered the assembly to reform the state's court system. Thirdly, it guaranteed all children in the state the right to a high-quality public education. Finally, it added an article on conservation, recognizing the importance of protecting the state's natural resources, public lands, and historical sites.
The 1971 Constitution also made significant changes to voting rights and procedures. It reduced the voting age to 18, removed voting residency requirements, and simplified voter registration by conforming to the Motor Voter Act. These changes expanded voting access and ensured a more inclusive electoral process.
While the 1971 Constitution was a significant step forward, it did not anticipate all potential challenges. For instance, the rise of bipartisan control in the General Assembly led to stalemates that prevented the filling of vacancies in certain state positions, including in the state's courts. This highlighted the need for a mechanism to resolve such issues, which may require further revision to the Constitution.
Since 1971, additional amendments have been passed by the General Assembly and approved by voters to conform to the U.S. Constitution, Supreme Court rulings, and Congressional statutes. These amendments have addressed various topics, including tax exemptions, voting rules, budgeting, and legislative calendars.
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The document is supreme over Virginia's laws and government acts
The Constitution of the Commonwealth of Virginia is the document that defines and limits the powers of the state government and the basic rights of its citizens. It is the supreme authority in Virginia, taking precedence over the state's laws and government acts. This means that the constitution is the highest form of law in the state, and all other laws and government actions must align with it.
The Virginia Constitution was first adopted on June 29, 1776, around the time of the Declaration of Independence, and has been a highly influential document both within the United States and internationally. The constitution has undergone numerous amendments and revisions throughout history, reflecting the evolving nature of law and society.
One of the key features of the Virginia Constitution is its protection of the right to free exercise of religion. The constitution guarantees that all individuals are entitled to equal freedom of religion, regardless of their beliefs or convictions. It ensures that no one will be compelled to participate in or support any religious worship or ministry against their will and that they will not be persecuted for their religious opinions or beliefs.
The document also outlines the procedures for voting, elections, and holding office. It grants voting rights to Virginia residents over the age of 18 in state elections, with certain exceptions, such as for individuals deemed mentally incompetent or convicted of a felony. The constitution empowers the General Assembly to regulate the time, place, and manner of elections and establishes the qualifications for holding office in Virginia, including residency and voter eligibility requirements.
Additionally, the Virginia Constitution addresses taxation and finance, judicial power and the court system, the role of the Governor, and the rights of citizens to hunt, fish, and harvest game. It also includes provisions for future changes, outlining the processes for amendments and constitutional conventions.
While the Virginia Constitution is the supreme law within the state, it is subordinate to the United States Constitution and federal law, as per the Supremacy Clause. This ensures that the state's laws and actions remain in compliance with the broader framework of federal law.
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Frequently asked questions
Yes, Virginia has its own constitution, which was first adopted on June 29, 1776, and has been amended several times since.
The Virginia Constitution defines and limits the powers of the state government and outlines the basic rights of the citizens of the Commonwealth of Virginia.
Yes, the Virginia Constitution has had several clauses related to voting rights, including requirements for voting and eligibility. For example, the Underwood Constitution of 1870 expanded suffrage to all male citizens over the age of 21, including freedmen. In contrast, the 1901 Constitution restricted black voting rights by imposing poll taxes and literacy tests, effectively disenfranchising African Americans.
Yes, while the Virginia Constitution is supreme over Virginia's laws and acts of government, it may be superseded by the United States Constitution and federal law, as per the Supremacy Clause.
