Constitutional History Of Virginia: A Dynamic Story

Virginia's constitution has been a work in progress since it was first enacted in 1776. The state's constitutional history is complex and has been shaped by various factors, including the Civil War, the civil rights movement, and the fight for marriage equality. Since its inception, the Virginia Constitution has undergone numerous amendments and revisions, with the current version being ratified in 1971 and amended most recently in 2019. This article will explore the evolution of Virginia's constitution, highlighting key changes and their impact on the state's laws and governance.

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The first Virginia Constitution was adopted in 1776

Virginia has had six state constitutions, with the first Virginia Constitution being adopted on June 29, 1776, by the Virginia Convention. The document was widely influential both in the United States and abroad. It was enacted at the time of the Declaration of Independence by the first thirteen states of the United States of America.

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 the powers of a governor, Council of State, and General Assembly independent of Great Britain. The 1776 Constitution also included a Declaration of Rights, which was framed by a Convention composed of forty-five members of the colonial house of burgesses. This Declaration of Rights was adopted on June 12, 1776, and was not submitted to the people for ratification. The document's principal architect was George Mason, who drew on social compact theory, the legacy of British constitutionalism, and the insights of his own time. James Madison also contributed to the drafting of the 1776 Constitution, and his work helped him develop the ideas and skills that he would later use as one of the main architects of the United States Constitution. Thomas Jefferson was Virginia's representative to the Second Continental Congress in Philadelphia at the time, and his drafts of the Virginia constitution arrived too late to be incorporated into the final document.

The 1776 Constitution limited the right to vote primarily to property owners and wealthy men. This effectively concentrated power in the hands of the landowners and aristocracy of Southeastern Virginia. By the 1820s, Virginia was one of only two states that limited voting to landowners, and dissatisfaction with this power structure would dominate Virginia's constitutional debate for almost a century. This led to a constitutional convention in 1829-1830, which became a contest between the slaveholding elite of eastern Virginia and the less affluent yeomen farmers of Western Virginia.

The 1776 Constitution was the first of six major subsequent revisions of the Virginia Constitution. The others were in 1830, 1851, 1864, 1870, and 1902, with the current constitution being adopted in 1971. The 1902 Constitution included provisions to disenfranchise African Americans, who made up about 36% of the state's population at the time. They did not regain suffrage until the enactment of federal civil rights legislation in the mid-1960s. The 1971 Constitution addressed racial discrimination and forbade government discrimination based on race, colour, national origin, or sex.

The 1864 Constitution abolished slavery in Virginia

Virginia has had several constitutions throughout its history, with the first one being drafted in 1776. The 1864 Constitution was a significant one as it abolished slavery in Virginia, a practice that had been pervasive in the state for centuries.

The American Civil War, which lasted from 1861 to 1865, was a pivotal moment in the history of the United States, and it had a profound impact on the institution of slavery. Virginia, as the site of the Confederate capital, was at the epicentre of this conflict. The issue of slavery had been a source of growing tension between the Southern plantation society, which relied heavily on slave labour, and the diversified, industrialising, free-labour capitalist society in the North.

During the war, in 1864, an assembly of sixteen loyal Unionists met in what became known as the Virginia Constitutional Convention of 1864. They debated the abolition of slavery, specifically discussing whether it should be gradual or immediate and whether there should be compensation for loyal Union men. Ultimately, they passed a resolution to abolish slavery immediately without compensation on April 10, 1864. This was a significant step forward, but it only applied to areas under Union control at the time.

The 1864 Constitution served as Virginia's fundamental law until the Constitution of 1870 took effect. It is important to note that while the 1864 Constitution abolished slavery in Virginia, the struggle for racial equality continued. The 1902 Constitution, for example, included provisions to disenfranchise African Americans, and it was not until the mid-1960s that they regained their voting rights through federal civil rights legislation. The 1971 Constitution further advanced racial equality by forbidding government discrimination based on race, colour, national origin, or sex.

The 1902 Constitution was in effect longer than any previous Virginia Constitution

Virginia has had a rich constitutional history, with several constitutions shaping the state's governance and the rights of its citizens. The 1902 Constitution stands out as the longest-serving constitution in Virginia's history, remaining in effect for nearly seven decades until it was replaced in 1971.

The 1902 Constitution was promulgated by a convention of delegates in Richmond, Virginia, in 1901. The delegates, all of whom were white males, had the explicit goal of securing white supremacy in the state's government and disenfranchising African Americans, who constituted nearly 36% of Virginia's population at the time. They employed various methods to achieve this goal, including the poll tax, literacy tests, and burdensome registration requirements for voting. As a result of these measures, the number of registered Black voters in Virginia dropped drastically from over 100,000 in 1867 to just 21,000 after the 1902 Constitution was enacted.

The 1902 Constitution also strengthened the office of Governor, particularly under Harry Flood Byrd, who used his position to command a powerful state political machine. Additionally, it introduced provisions for environmental protection, annual legislative sessions, financing capital improvements, and compulsory education as a constitutionally protected right.

While the 1902 Constitution was in effect, there were significant social and political changes in Virginia, including the civil rights movement and the enactment of federal civil rights legislation in the mid-1960s. These developments paved the way for a new constitution in 1971, which repudiated the white supremacist legacy of its predecessor. The 1971 Constitution forbade government discrimination based on race, colour, national origin, or sex, and guaranteed the right to public education.

In conclusion, the 1902 Virginia Constitution, with its focus on disenfranchising African Americans and consolidating political power, had a lasting impact on the state's history. Its longevity can be attributed to the successful entrenchment of white supremacy and the resistance to change during a tumultuous period of civil rights activism and social upheaval. The eventual replacement of the 1902 Constitution in 1971 marked a significant step towards a more inclusive and progressive Virginia.

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The 1971 Constitution was the most recent general revision

Virginia has had a rich and complex constitutional history, with several constitutions implemented over time. The state's first constitution was drafted in 1776, and it has since undergone several revisions and amendments. The 1971 Constitution was the most recent general revision, and it stands as a significant milestone in Virginia's constitutional journey.

The 1971 Constitution came into effect on July 1, 1971, marking a pivotal moment in Virginia's history. This constitution was the result of a process that began in 1968 with a joint resolution of the Virginia General Assembly, which approved a new commission to revise the state's constitution. The commission, chaired by former Governor Albertis Harrison, worked closely with Governor Godwin and the General Assembly to draft a final version that addressed the needs and aspirations of Virginians at the time.

One of the critical aspects of the 1971 Constitution was its repudiation of the white supremacist legacy of the 1902 Constitution. The new constitution forbade government discrimination based on race, colour, national origin, or sex. This was a significant step forward, addressing the history of massive resistance and school closings in response to desegregation efforts. The 1971 Constitution also included a mandate for state and local funding of public schools, recognising the importance of education as a right alongside traditional rights such as freedom of speech, press, and religion.

Since 1971, additional amendments have been passed by the General Assembly and approved by voters to conform to provisions in the U.S. Constitution and address evolving social and political needs. For example, in 1972, an amendment to the federal constitution lowered the voting age in Virginia from 21 to 18, expanding voting rights to a larger segment of the population. The Victims' Rights Amendment, added to the Virginia Bill of Rights in 1997, further demonstrates how the 1971 Constitution has served as a foundation for ongoing progress and adaptation.

The 1971 Constitution of Virginia has been characterised by its responsiveness to societal changes and its commitment to protecting the rights of its citizens. It has provided a framework for governance and ensured that Virginia remains at the forefront of constitutional reform, influencing not only the nation but also the world, as evidenced by the influence of its 1776 Declaration of Rights on France's Declaration of Rights of Man and the Citizen in 1789.

A 2024 bill to amend the state constitution to eliminate the marriage amendment

Virginia has had several constitutions throughout its history, with the first being drafted in 1776. The current constitution was ratified in 1971 and has had 53 amendments added to it since then.

One of the key amendments to the Virginia Constitution in recent years has been the legalization of same-sex marriage. In 2006, Virginia passed an amendment limiting marriage to "unions between one man and one woman." This amendment was overturned by the Obergefell v. Hodges case in 2015, which legalized same-sex marriage across the United States.

Despite this ruling, Virginia has continued to push for constitutional amendments guaranteeing marriage equality. In 2020, State Sen. Adam Ebbin introduced the "Virginia Right to Marriage Regardless of Gender Amendment" as Senate Joint Resolution 270 (SJR 270). This amendment was approved by the Virginia State Senate on February 5, 2021, and passed by the Virginia House of Representatives on February 15, 2021, with some amendments. The final version of the amendment was approved by the Senate on February 19, 2021.

The proposal was then expected to appear on the ballot in 2022, but it was voted down by a House Privileges and Elections Subcommittee on March 1, 2022. Despite this setback, the push for marriage equality in Virginia continued, and in January 2025, the Virginia House of Delegates passed a resolution in support of enshrining the right to same-sex marriage in the state constitution.

The proposed amendment reads: "the right to marry is a fundamental right, inherent in the liberty of persons, and marriage is one of the vital personal rights essential to the orderly pursuit of happiness." It seeks to provide that the state shall "issue marriage licenses, recognize marriages, and treat all marriages equally under the law regardless of the sex or gender of the parties to the marriage."

The amendment process in Virginia requires that a proposal be passed by a simple majority in both chambers of the state legislature over two consecutive legislative sessions before it can be certified for the ballot. With the continued support of Democrats and some Republicans, it is possible that the marriage equality amendment could be certified for the ballot in Virginia in the near future, potentially as early as 2026.

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