Jonah Patel
The Constitution of Virginia, which defines and limits the powers of the state government and the basic rights of Virginia citizens, has been amended several times since its inception in 1776. The state uses the legislative referral method as its sole avenue of amending the constitution, which means that amendments must begin as a resolution in the General Assembly. Once approved by both legislative houses during two separate sessions, the amendment must be approved by a majority of voters. The process of amending the Virginia Constitution is complex, and the state has a history of amendments that have both protected and restricted the rights of its citizens.
| Characteristics | Values |
|---|---|
| Method | Legislative referral |
| Starting point | Resolution in the General Assembly |
| First step | Majority vote by both the state Senate and the House of Delegates |
| Second step | Resolution must be approved by both houses in the session following a House of Delegates election |
| Third step | Ballot question or referendum approved by both houses |
| Fourth step | Referendum approved by the Governor |
| Fifth step | Referendum put to voters in the next November general election |
| Sixth step | Majority of voters approve the amendment |
| Publication | Clerk of the House of Delegates publishes all proposed amendments |
| Clerk of the circuit court of each city and county posts a copy at the courthouse and makes a second copy available for inspection | |
| Clerk can satisfy the requirement for posting by posting the document on the relevant public government website | |
| Notable amendments | 1972 amendment reduced the voting age from 21 to 18 |
| 1969 report by the Virginia Commission on Constitutional Revision led to an amendment removing the prohibition on the incorporation of churches |
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What You'll Learn
The legislative referral method
Virginia uses the "legislative referral" method as its sole means of amending the state Constitution. This process begins with a resolution in the General Assembly, which must be approved by both the state Senate and the House of Delegates during the same session by a majority vote. This is known as the "first resolution" or "first reference".
The resolution must then be introduced again during the session immediately following a House of Delegates election, where it must be approved by both houses for a second time. This is called the "second resolution" or "second reference". For example, a resolution passed in 2021 must be passed again in 2022, as this is the session immediately following the 2021 election where delegates were elected.
Once the resolution has been approved by both legislative houses during these two separate legislative sessions, the amendment must be approved by a majority of voters. The General Assembly submits the proposed amendment to the voters qualified to vote in elections by the people, with at least ninety days between the final passage by the General Assembly and the vote. If a majority of those voting approve the amendment, it becomes part of the Constitution on the date prescribed by the General Assembly.
Both houses pass a bill that authorises a referendum, or ballot question, to be placed on the ballot at the next November general election. This bill must also be approved by the Governor, who presumably has the power to veto it, although this has never happened. This process ensures that amendments can only appear on the general election ballot in even years, as delegates are elected in odd years.
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Amendments must begin as a resolution in the General Assembly
The Constitution of Virginia defines and limits the powers of the state government and the basic rights of the citizens of the Commonwealth of Virginia. It is the supreme document in the state, taking precedence over Virginia's laws and acts of government, although it may be superseded by the United States Constitution and US federal law.
Amending the Virginia Constitution is a complex process that begins with a resolution in the General Assembly. The General Assembly is given wide-ranging powers to regulate the time, place, and manner of all elections. It also has the power to impose local residency requirements for election to local government bodies or for election to the Assembly in representation of particular districts.
The process of amending the Constitution of Virginia is known as the "legislative referral" method. This means that any proposed amendments must first be introduced as a resolution in the General Assembly. The resolution must be approved by a majority vote in both the state Senate and the House of Delegates during the same session. This is known as the "first resolution" or "first reference".
Following this, the resolution must be introduced again during the next session, which must immediately follow a House of Delegates election. This is known as the "second resolution" or "second reference". For example, a resolution passed during the 2021 session must be passed a second time in the 2022 session, as it immediately follows the 2021 election where delegates were elected. This ensures that amendments can only appear on the general election ballot in even years.
Once the resolution has been approved by both legislative houses during these two separate sessions, the amendment process moves to the next stage. The proposed amendment must then be submitted to the voters qualified to vote in elections by the people. If a majority of those voting approve the amendment, it becomes part of the Constitution on the date prescribed by the General Assembly.
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The Governor must approve the referendum bill
The Constitution of Virginia defines and limits the powers of the state government and the basic rights of the citizens of the Commonwealth of Virginia. It is the supreme document in the state, superseded only by the US Constitution and federal law.
Amending the Virginia Constitution is a complex process, and the state uses the "legislative referral" method as its sole avenue for doing so. This process begins with a resolution in the General Assembly, which must be approved by both the state Senate and the House of Delegates. This resolution must be passed twice: once during a regular session and once during a subsequent special session after a House of Delegates election.
Once the resolution has been passed by both houses, the next step is to pass a bill authorizing a referendum, or ballot question, to be placed on the ballot at the next November general election. This is where the Governor comes in—they must approve the referendum bill for it to proceed. While the Governor could presumably veto the bill, this has never happened in practice.
The referendum process ensures that amendments can only appear on the general election ballot in even-numbered years. This is because Delegates are elected in odd-numbered years, and the resolution must be passed again in the session immediately following their election. For example, a resolution passed in 2021 must be passed again in 2022 and could then be put to a referendum in 2022.
The Governor's role in this process is crucial, as their approval is necessary for the referendum to proceed. While they could potentially veto the bill, this has not occurred in the history of Virginia's amendment process.
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The Virginia Constitution allows amendments to edit existing text
The Constitution of Virginia allows for amendments to be made to the existing text. This is in contrast to the United States Constitution, which does not allow for amendments to edit existing text. Virginia uses the "legislative referral" method as its sole avenue of amending the state Constitution. This means that amendments must begin as a resolution in the General Assembly.
The process of amending the Virginia Constitution is as follows: First, a resolution must be approved by a majority vote by both the state Senate and the House of Delegates during the same session. This is known as the "first resolution" or "first reference". The resolution must then be introduced again during the session immediately following a House of Delegates election and approved by both houses. This is called the "second resolution" or "second reference".
Once the resolution has passed both houses, a bill is passed that authorizes a referendum, or ballot question, to be placed on the ballot at the next November general election. The Governor must also approve the referendum bill. If a majority of voters approve the amendment, it becomes part of the Constitution.
The Virginia Constitution has undergone six major revisions and numerous amendments since its original enactment in 1776. The process of amending the Constitution allows for changes to be made to the document that defines and limits the powers of the state government and the basic rights of the citizens of Virginia. It is also required by law that all proposed amendments to the Constitution of Virginia are published, and that the clerk of the circuit court of each city and county posts a copy of each amendment at the courthouse.
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The Virginia Constitution has been amended to remove restrictions
The Virginia Constitution has been amended several times to remove restrictions and expand the rights of its citizens. The state uses the “legislative referral” method as its sole means of amending the Constitution, which means that amendments must begin as a resolution in the General Assembly.
One notable example of an amendment to the Virginia Constitution that removed restrictions was the 1972 amendment that lowered the voting age from 21 to 18, bringing it in line with the federal constitution. This amendment expanded voting rights and allowed more people to participate in the democratic process.
Another significant amendment that removed restrictions was made in 2002. The original §14 of Article IV forbade the incorporation of churches, but this was deemed to be in violation of the federal constitutional right to the free exercise of religion. As a result, the Virginia Constitution was amended to remove this restriction and allow churches to incorporate under state law, just like any other group.
In addition to these examples, there have been six major revisions of the Virginia Constitution since its original enactment in 1776. These revisions have addressed a range of issues, including racial segregation in public facilities and schools, the creation of the State Corporation Commission to regulate railroads, and the structure and powers of the executive branch, including the Governor's term limits.
The process of amending the Virginia Constitution is well-defined and involves both the legislative and executive branches. It begins with a resolution in the General Assembly, which must be approved by both the state Senate and the House of Delegates during the same session. The resolution is then introduced again and must be approved by both houses in the session following a House of Delegates election. Once an amendment has been approved by both houses, a bill is passed to authorize a referendum, which appears on the ballot at the next November general election. The Governor must also approve the referendum bill for it to take effect. If a majority of voters approve the amendment, it becomes part of the Constitution.
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Frequently asked questions
Virginia uses the "legislative referral" method, which means that amendments must begin as a resolution in the General Assembly. Once the resolution is approved by both legislative houses during two separate legislative sessions, the amendment must be approved by a majority of voters.
The General Assembly is a body that is given wide power to regulate the time, place, and manner of all elections.
The Governor must approve the referendum bill for a ballot question to be placed on the ballot at the next November general election.
The process ensures that amendments can only appear on the general election ballot in even-numbered years.
Section 30-13 of the Code of Virginia requires the Clerk of the House of Delegates to publish all proposed amendments. The Clerk must also post a copy of each amendment at the front door of each courthouse in the state.
