Omar Bennett
The Constitution of Virginia has had a long and complex history, with seven different constitutions recognized by the Library of Virginia. The current version consists of twelve articles, including the Virginia Declaration of Rights from the 1776 Constitution, and various sections. The constitution outlines the procedures for voting, elections, and holding office, with the voting age set at 18. It establishes the basic framework for local government, taxation, and education, with a focus on conserving the state's natural and historical resources. Amendments have been made over time, such as the 1994 amendment regarding the governor's powers, and the 2006 amendment limiting marriage, which was later overturned.
| Characteristics | Values |
|---|---|
| Number of Articles | 12 |
| Voting Age | 18 |
| Voting Requirements | Virginia residency for at least one year |
| Disenfranchisement | People deemed mentally incompetent or convicted of a felony cannot vote |
| Separation of Powers | Legislative, executive, and judicial branches are separate |
| Local Government | Can be established at the town, city, county, or regional level |
| Taxation | All non-exempt real and personal property is subject to taxation at its fair market value |
| Exempt Property | Church property, cemeteries, and non-profit school property |
| Education | Compulsory and free primary and secondary public education |
| Hunting and Fishing | Guaranteed as constitutional rights |
| Same-Sex Marriage | Legalized in 2015 |
| Number of Constitutions | 7 |
| Last Full Constitutional Convention | 1867-68, which included 24 Black men |
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What You'll Learn
Voting, elections, and holding office
The Virginia Constitution's second article outlines the rules for voting, elections, and holding office. Section 1 stipulates that any Virginia resident over 18 can vote in state elections, with the voting age lowered from 21 by a 1972 amendment. However, this section also denies the vote to those deemed mentally incompetent or convicted of a felony, a provision consistent with the US Constitution's Equal Protection Clause.
Section 4 of the second article grants the General Assembly broad authority to regulate the timing, location, and manner of all elections. The General Assembly is also responsible for appointing officers of election and the general registrar for each county or city, ensuring representation from the two leading political parties from the preceding general election. The Assembly is also empowered to create standard forms for voter registration and elections, as well as supervise and coordinate the work of local electoral boards.
According to Section 5, the sole requirements to hold office in Virginia are being a resident for at least a year and being eligible to vote. Any additional qualifications mandated by statute or rule are constitutionally invalid. The General Assembly, however, can impose more restrictive geographical residence requirements for its members and other governing bodies.
Article VII of the Virginia Constitution outlines the framework for local government structure and function. It empowers the General Assembly to create laws for the organization and governance of political subdivisions, including towns, cities, counties, and regional governments. This article also establishes constitutional offices, such as treasurer, sheriff, Commonwealth's Attorney, clerk of court, and Commissioner of the Revenue, which are elected within each city and county.
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Separation of powers
The Constitution of Virginia consists of twelve articles. Article III has one section, which confirms the principle of separation of powers between the legislative, executive, and judicial branches of government.
Article III, Section 1 of the Virginia Constitution explicitly provides that the legislative, executive, and judicial departments shall be separate and distinct, and that none of these branches should exercise the powers that properly belong to the others. This is in contrast to the U.S. federal Constitution, which does not explicitly include this provision.
The legislative power of the Commonwealth is vested in a General Assembly, which consists of a Senate and a House of Delegates. The Senate is made up of between 33 and 40 members, while the House of Delegates consists of between 90 and 100 members. The General Assembly has wide-ranging powers, including regulating the time, place, and manner of all elections, and determining the funding for the educational system.
Article IV establishes the basic structure and authority of the Virginia legislature, including the power to impeach members of the executive and judicial branches. Article V sets out the executive power and the Governor's term of office, while Article VI covers judicial power and the jurisdiction of the Supreme Court.
The separation of powers between the branches of government is also listed as a right of the people in Section 5 of Article I.
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Local government
The Virginia Constitution establishes the basic framework for the structure and function of local government in Article VII. Local government may be established at the town (with a population of over 1000), city (with a population of over 5000), county, or regional government level.
Article VII gives the General Assembly the power to create general laws for the organisation and governing of these political subdivisions. However, regional governments cannot be created without the consent of the majority of voters in the region. The General Assembly may also provide for county or city officers or methods of their selection, including allowing multiple units of government to share officers.
Section 4 of Article VII establishes the constitutional offices of treasurer, sheriff, Commonwealth's Attorney, clerk of court, and Commissioner of the Revenue, which are elected within each city and county in Virginia. The governing body of each county, city, or town is elected by the qualified voters of that area, and members may be elected by district. When members are elected by district, the district should be composed of contiguous and compact territory, with representation in proportion to the population of the district.
Counties, cities, and towns can apply to the General Assembly to become municipal corporations, with charters acting as their organic or constitution-like laws. Local governments in Virginia act as agents of the state and do not have their own authority, only exercising powers expressly granted by statute or charter.
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Taxation and finance
Article X of the Virginia Constitution establishes the basic structure for taxation of personal property in the state. All non-exempt real and personal property is subject to taxation at its fair market value. This includes real estate, coal and other mineral lands, and tangible personal property.
Section 6 of Article X sets out a list of exempt property, which includes church property, cemeteries, and non-profit school property. Additionally, the General Assembly may exempt certain other properties from taxation, such as the principal residence of veterans with a service-connected disability or the surviving spouse of a veteran who has not remarried.
Article X also addresses franchise taxes and the taxation of corporate stock. The General Assembly has the discretion to impose a franchise tax on corporations in lieu of taxes on other property. It is important to note that when a franchise tax is imposed on a corporation doing business in Virginia, the shares of stock issued by that corporation are generally exempt from further taxation.
The General Assembly is also authorized to define and classify taxable subjects and segregate property for either state or local taxation. This includes the ability to provide for differences in the rate of taxation imposed on tangible personal property owned by individuals over the age of sixty-five or those permanently and totally disabled, who may be bearing an extraordinary tax burden.
Furthermore, Article X establishes the "Lottery Proceeds Fund," which mandates that all lottery proceeds be allocated for educational purposes.
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Amendments
The current Virginia Constitution consists of twelve Articles, which have been amended several times since the constitution's inception. The constitution's express purpose was to create rules to prevent Black Virginians from voting and further embed segregation into Virginia institutions.
Article II of the Virginia Constitution sets out the procedures and mechanisms for voting, elections, and holding office. Section 1 of Article II states that any Virginia resident over the age of 18 may vote in state elections. The voting age was reduced from 21 by a 1972 amendment to the federal constitution. However, Section 1 also denies the vote to people who have been deemed mentally incompetent or convicted of a felony. The General Assembly is given broad authority under Section 4 to regulate the timing, location, and manner of all elections. Section 5 establishes that the only requirements to hold office in Virginia are being a resident of the state for at least one year and being eligible to vote.
Article III of the Virginia Constitution has a single section that establishes the separation of powers between the legislative, executive, and judicial branches of government. Unlike the U.S. federal Constitution, the Virginia Constitution explicitly states that no branch may exercise powers that belong to another branch.
Article VII establishes the basic framework for the structure and function of local governments in Virginia. Local governments can be formed at the town (over 1,000 people), city (over 5,000 people), county, or regional level. The General Assembly has the authority to create general laws for the organisation and governance of these political subdivisions, except that regional governments require the consent of the majority of voters in the region.
Article VIII focuses on education, empowering the General Assembly to determine funding for the educational system and allocate costs between state and local governments.
Article X establishes the framework for taxation of personal property in Virginia. All non-exempt real and personal property is subject to taxation at its fair market value. Section 6 lists exempt properties, including church property, cemeteries, and non-profit school property. Significant additions to Article X include Section 7, a budget amendment effective in 1986, and Section 7-A, which establishes the "Lottery Proceeds Fund," allocating all lottery proceeds to education.
Article XI emphasises the importance of conserving and protecting the state's natural and historical resources. The General Assembly is permitted to pursue partnerships with private entities or federal agencies to achieve these goals.
The Virginia Constitution has undergone various amendments throughout its history. Notable amendments include the 1972 amendment reducing the voting age to 18, the 2001 amendment protecting the right to hunt and fish, and the 2006 amendment defining marriage as between one man and one woman, which was later overturned by Obergefell v. Hodges in 2015.
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