Eleanor Finch
The Virginia Constitution has been amended numerous times since its creation in 1776, with the state's unique constitutional history reflecting significant social and political changes. The original constitution was drafted during the American Revolution and has since undergone six major revisions, with additional amendments addressing issues such as voting rights, marriage equality, and environmental conservation. The process of amending the Virginia Constitution can occur through a legislative process or a constitutional convention, and these changes have had a significant impact on the lives of Virginians, shaping their present and future.
| Characteristics | Values |
|---|---|
| Number of times the Virginia Constitution has been amended | 53 times |
| Number of times the Virginia Constitution has been revised | 6 times |
| First Virginia Constitution | 1776 |
| Latest Virginia Constitution | 1971 |
| Number of Articles in the Current Virginia Constitution | 12 |
| Voting age in Virginia | 18 |
| Voting residency requirements in Virginia | None |
| Voting requirements in Virginia | Must be a Virginia resident for at least one year |
| Hunting and fishing rights in Virginia | Guaranteed by the Virginia Constitution |
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What You'll Learn
- The Constitution of Virginia has been amended 53 times
- Amendments can be made via a legislative process or constitutional convention
- The voting age was reduced from 21 to 18 in 1972
- The 1902 Constitution disenfranchised African Americans
- The 1971 Constitution included amendments to create a veto session
The Constitution of Virginia has been amended 53 times
The Constitution of Virginia, first adopted in 1776, has been amended 53 times. The state's constitution has a profound impact on the daily lives of its citizens, influencing the laws and shaping the present and future of Virginia.
The original Virginia Constitution was enacted alongside the Declaration of Independence by the first thirteen states of the United States of America. Virginia played a pioneering role in adopting its Constitution on June 29, 1776, and the document exerted a wide influence both within the nation and internationally. The constitution has since undergone numerous amendments and revisions, reflecting the dynamic social and political landscape of the state.
The Constitution of Virginia can be amended through two primary pathways: a legislative process and a constitutional convention. A simple majority vote during two successive legislative sessions is required for the Virginia General Assembly to propose a constitutional amendment. Alternatively, a two-thirds vote in both Virginia houses can call for a constitutional convention, empowering delegates to propose revisions. Any amendments or revisions suggested by the convention are then presented to Virginia's citizens for approval.
The amendments to the Virginia Constitution have addressed a diverse range of issues, including tax exemptions, voting rules, budgeting, and legislative calendars. Notable amendments include the 1972 reduction of the voting age to 18, the establishment of hunting and fishing as constitutional rights in 2001, and the creation of a veto session in 1980. Additionally, the constitution has been revised to align with rulings from the U.S. Supreme Court, such as the legalization of same-sex marriage in 2015, overturning a previous amendment limiting marriage to heterosexual couples.
Beyond the 53 amendments, Virginia's Constitution has undergone six major revisions in 1830, 1851, 1864, 1870, 1902, and 1971. These revisions responded to significant social and political upheavals, such as the Civil War, the civil rights movement, and the need to address issues like slavery, voting rights, and educational reforms. The 1902 constitution, for example, disenfranchised African Americans, and it wasn't until the mid-1960s, with the passage of federal civil rights legislation, that they regained suffrage.
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Amendments can be made via a legislative process or constitutional convention
The Virginia Constitution can be amended through two different processes: a legislative process or a constitutional convention.
Legislative Process
A simple majority vote is required during two successive legislative sessions for the Virginia General Assembly to place a constitutional amendment on the ballot. This amounts to a minimum of 51 votes in the Virginia House of Delegates and 21 votes in the Virginia State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Constitutional Convention
Amendments to or revisions of the state's constitution can be proposed by a constitutional convention as established in Section 2 of Article XII. A two-thirds vote of both Virginia houses may call for the creation of a constitutional convention. Any revisions or amendments proposed by the constitutional convention are presented to the citizens of Virginia and become law upon approval by a majority of voters.
Since the current constitution was ratified, there have been 53 amendments added to the constitution, concerning issues ranging from tax exemptions and voting rules to budgeting and legislative calendars.
Virginia's constitution has been fully revised six times since it was first created in 1776. The most recent full revision took place in 1971, with additional amendments passed since then by the General Assembly and approved by voters.
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The voting age was reduced from 21 to 18 in 1972
The Virginia Constitution of 1776 has been amended several times, with 53 amendments added to the constitution since its ratification. The voting age in Virginia was reduced from 21 to 18 years through an amendment in 1972, following a youth rights movement that emerged due to the Vietnam War. During the Vietnam War, many young men who were ineligible to vote were conscripted to fight, thus lacking the ability to influence political decisions that impacted their lives. The slogan "old enough to fight, old enough to vote" was used by proponents of lowering the voting age.
The push to lower the voting age gained momentum in the 1960s, with congressional allies including a provision for the 18-year-old vote in a 1970 bill that extended the Voting Rights Act. In Oregon v. Mitchell (1970), the Supreme Court considered the constitutionality of the voting-age provisions added to the Voting Rights Act. While the Court struck down the provisions for state and local elections, it upheld the provision for federal elections. This resulted in a divided landscape, with some states maintaining 21 as the voting age for state and local elections while establishing separate voter rolls for 18-to-21-year-olds to vote in federal elections.
Senator Birch Bayh's subcommittee on constitutional amendments played a pivotal role in the process. After surveying election officials in 47 states, Bayh concluded that most states would not be able to amend their constitutions in time for the 1972 election, necessitating national action to avoid confusion at the polls. On March 2, 1971, Bayh's subcommittee, along with the House Judiciary Committee, approved the proposed constitutional amendment to lower the voting age to 18.
The 1972 amendment in Virginia brought the state's voting age criteria in line with the federal constitution, ensuring that any Virginia resident over the age of 18 could exercise their right to vote in state elections. This amendment was a significant step towards enfranchising young Virginians and giving them a voice in the political process.
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The 1902 Constitution disenfranchised African Americans
The Virginia Constitution has been amended several times since its original enactment in 1776. There have been six major revisions, including the 1902 Constitution, which disenfranchised African Americans. This period saw the Democrats, devoted to white supremacy, attempt to reverse the gains made by African Americans in the post-Civil War Reconstruction era.
In 1867, during Reconstruction, African American males voted in Virginia for the first time. This was made possible by the Fifteenth Amendment to the U.S. Constitution, which prohibited denying the vote based on race, colour, or previous servitude. However, by the 1870s, a coalition of Republicans and some Democrats, known as Readjusters, gained control of the General Assembly. They removed the poll tax as a prerequisite for voting, which had been used to disenfranchise black voters. This biracial coalition and its reforms threatened the Democratic Party's unity and power in the state.
To regain control, the Democrats devised a strategy to disenfranchise African Americans without violating the Fourteenth and Fifteenth Amendments. In 1900, they passed a law to hold a referendum on convening a constitutional convention. The convention, which took place between 1901 and 1902, resulted in a new constitution that required voters to pay a poll tax or pass a literacy test. These measures effectively disenfranchised large numbers of African Americans, as well as some poor white residents. The local judges, appointed by the General Assembly, were predominantly Democrats, allowing them to maintain control over who was allowed to vote.
African Americans in Virginia did not regain suffrage until the passage of federal civil rights legislation in the mid-1960s. This period of disenfranchisement lasted nearly six decades and was a stark reversal of the gains made during Reconstruction. The 1902 Constitution of Virginia is a significant example of how constitutional amendments can be used to exclude and marginalize specific groups, in this case, African Americans, from the democratic process.
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The 1971 Constitution included amendments to create a veto session
The Virginia Constitution of 1971 was drafted by the Commission on Constitutional Revision, which was appointed by Governor Mills E. Godwin Jr. The Commission presented its report and recommendations to the Governor and the General Assembly in January 1969. The proposed Constitution was then approved by the voters of Virginia and took effect on July 1, 1971. This new Constitution was a result of social and political upheaval in Virginia, including the passage of federal civil rights legislation in the mid-1960s that granted African Americans the right to vote.
The 1971 Constitution also included other significant changes. It required approximate equality of population in all legislative and congressional districts, and it empowered the assembly to reform the state's court system. It guaranteed all children in Virginia the right to a high-quality public education and added an article on conservation, stating the Commonwealth's commitment to preserving, protecting, and conserving its natural and historic resources.
Since the 1971 Constitution, Virginia has continued to make amendments, with voters ratifying fifty-four amendments as of 2024. These amendments have addressed various issues, including voting rules, budgeting, legislative calendars, and tax exemptions. The voting age has been reduced to eighteen, voting residency requirements have been removed, and voter registration has been simplified. Additionally, Virginia has made amendments to conform to rulings from the U.S. Supreme Court, such as legalizing same-sex marriage, and to incorporate concepts from the U.S. Bill of Rights, like the right to bear arms.
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Frequently asked questions
Since the current Virginia constitution was ratified, there have been 53 amendments added.
The Virginia Constitution can be amended through two paths: a legislative process and a constitutional convention.
The Virginia Constitution has been fully revised six times since its creation in 1776. There have also been additional adjustments along the way.
