Isabella Carter
The West Virginia Constitution, adopted in 1872, includes provisions for amendments. Historically, amendments to the West Virginia Constitution have been rare, but in recent years, several proposed amendments have been considered, with some being adopted. For example, in 2022, West Virginians voted on four potential amendments via ballot measure, including proposals related to impeachment proceedings, taxation, and the incorporation of religious organizations.
| Characteristics | Values |
|---|---|
| Date Adopted | April 9, 1872 |
| Number of Amendments | 14 |
| Amendments in 2022 | 4 |
| Nature of Amendments | Providing that courts have no authority or jurisdiction to intervene in impeachment proceedings of the House of Delegates or the Senate; exempting machinery, inventory, and other tangible business property from taxation; allowing churches and other religious organizations to incorporate; clarifying that the rule-making authority of the State Board of Education is subject to legislative review |
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What You'll Learn
Taxing personal property
The West Virginia Constitution does have amendments, and one of the proposed amendments in 2022 was related to taxing personal property.
The West Virginia Constitution currently allows the taxation of personal property based on the value of that property, with exemptions for property worth less than $200, livestock and agricultural property, scientific property, and charitable property. The proposed amendment, known as the Property Tax Modernization Amendment, aimed to expand these exemptions to include tangible personal property (machinery, equipment, and inventory) used for business activity and personal property tax on motor vehicles.
Supporters of the amendment argued that it would reduce the tax burden on businesses and promote job growth. They believed that the existing tax structure placed West Virginia among the worst states for taxation on manufacturing, and the amendment would allow the Legislature to address various types of personal property taxes in the future.
On the other hand, critics expressed concern about the potential loss of revenue, particularly for schools and counties, which heavily rely on taxes generated from personal property. In 2018, revenue from these taxes amounted to $523.9 million, with 65.3% allocated to schools, 27.2% to counties, 7.1% to municipalities, and 0.4% to other entities.
The amendment was approved by the state House with a vote of 84-16 and by the state Senate with a vote of 29-5. It was then put to a vote for the West Virginia citizens in November 2022, as part of four potential amendments to the state constitution.
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Religious organisations incorporating
The West Virginia Constitution, adopted in 1872, currently prohibits the incorporation of religious denominations and churches. This is outlined in Article VI, Section 47 of the state constitution, which states that "no charter of incorporation shall be granted to any church or religious denomination". West Virginia is the only state in the country with such a prohibition, which it inherited from Virginia's constitution.
In 2022, West Virginia Amendment 3, also known as the Incorporation of Religious Denominations and Churches Amendment, was on the ballot as a legislatively referred constitutional amendment. The amendment aimed to remove the prohibition on incorporating religious denominations and churches and authorize the state legislature to provide for their incorporation by law. This amendment was supported by the ACLU of West Virginia, which argued that the current constitution treats religious organizations differently from non-religious entities. Ed Thompson of the Presbytery of West Virginia also supported the amendment, stating that it would offer protection to individual members of religious institutions from lawsuits.
However, on November 8, 2022, the amendment was defeated. This defeat means that West Virginia continues to have a ban on the incorporation of religious organizations, maintaining its status as the only state with such a prohibition.
It is important to note that while religious denominations and churches cannot be incorporated in West Virginia, provisions can be made by general laws to secure and transfer church property. These provisions ensure that church property is held, used, or transferred for the purposes of the specific church or religious denomination.
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Impeachment proceedings
The West Virginia Constitution allows for impeachment proceedings against any state officer for maladministration, corruption, incompetency, gross immorality, neglect of duty, or any high crime or misdemeanor. The House of Delegates has the sole power of impeachment, while the Senate has the sole power to try impeachments, with no person convicted without the concurrence of two-thirds of elected members.
In 2018, Gov. Jim Justice called a special session of the legislature to consider the investigation and impeachment of multiple supreme court justices. The justices were accused of misusing over $1 million in state funds, including on courthouse office renovations, misuse of state vehicles, and illegal payments to senior judges. Temporary supreme court justices ruled that the impeachment proceedings violated the state constitution's separation of powers clause, preventing the Senate from trying Justices Workman, Davis, and Loughry.
The "Clarification of the Judiciary's Role in Impeachment Proceedings Amendment", proposed in 2020 and again in 2022, would have stripped the judicial branch of its power to review or interpret impeachment proceedings, effectively preventing courts from intervening in such processes. The 2020 version was rejected in the House, while the 2022 version failed to pass. Supporters of the amendment argued that it would rectify the situation where the judiciary had intervened in the impeachment of powerful judges, while opponents believed it would remove a vital check on the impeachment process, allowing for frivolous and partisan impeachments.
Another proposed amendment, which would allow churches and other religious organizations to incorporate in West Virginia, is supported by the ACLU-WV, which believes that the current prohibition unconstitutionally treats religious organizations differently from non-religious entities.
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State Board of Education
The West Virginia Constitution could have seen up to four amendments via ballot measure in 2022. One of these amendments concerns the State Board of Education.
The West Virginia Constitution currently does not place the State Board of Education under the rule of the Legislature. The Board of Education, comprising nine members appointed by the governor to overlapping nine-year terms, sets rules for the state's schools that are not dictated or covered by existing legislation. This includes policies around required curriculum and discipline that directly impact K-12 students.
The amendment in question would subject the rule-making authority of the State Board of Education to legislative review, approval, amendment, or rejection. This would mean that the Legislature would micromanage and approve all policies, waiver requests, curriculum, and other decisions by the State Board of Education. It would also affect local boards due to the many local issues that ultimately end up needing State Board of Education approval. For example, routine waivers for employing a retiree in a content shortage subject area to obtain a certified teacher would need legislative approval for each occurrence if this amendment is approved by voters.
Supporters of the amendment argue that it will subject the state's public schools, which have increasingly become the battleground for public political fights, to increased accountability. They argue that lawmakers are elected by their constituents to represent their interests, and the more of a hand they have in the process, the closer citizens' voices are to the decision-making table.
Opponents of the amendment highlight the politicization of education and argue for clear and consistent policies as reasons to maintain a system independent from politicking. They worry about school policy being controlled by legislators who have repeatedly passed laws siphoning public school funding towards alternative options like charter schools. They also argue that the reason for the current system is to help keep the state's schools apolitical and to insulate them from the political whims of the statehouse.
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Local taxes
The West Virginia Constitution does contain provisions regarding local taxes, and amendments to these provisions have been proposed and voted on in recent years.
In 2022, West Virginians voted on four amendments to their state constitution, three of which would have granted state lawmakers new powers over local taxes. One of these amendments would have allowed the Legislature to cut taxes that go directly to counties, which could have had a significant impact on local services such as libraries, ambulance systems, schools, and fire departments. This amendment was opposed by local residents and county commissioners, who argued that local spending decisions should be made by local people.
Another amendment proposed in 2022 would have added machinery, inventory, and other tangible business property to the list of exemptions from property taxation. Supporters of this amendment argued that it would reduce the tax burden on businesses and promote job growth, while critics warned that it could lead to a significant loss of revenue for schools and counties.
In addition to these amendments specifically related to local taxes, other proposed changes to the West Virginia Constitution in 2022 included allowing churches and religious organizations to incorporate and giving the Legislature greater authority over the State Board of Education's rule-making process.
It is important to note that amendments to the West Virginia Constitution are historically rare, and the proposed changes outlined above represent a significant potential shift in the balance of power between local communities and the state Legislature.
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