Eleanor Finch
Virginia has had a constitution since 1776, when it became an independent state. The constitution has been revised six times since then, with the current version being ratified in 1971. The revisions were made in response to significant social and political changes, and they have had a significant impact on the state's present and future. The most recent amendment to the constitution was made in 2019, and there is an ongoing discussion about potential future changes.
| Characteristics | Values |
|---|---|
| Number of times the Virginia Constitution has been revised | 6 |
| First Constitution | 1776 |
| Subsequent revisions | 1830, 1851, 1864, 1870, 1902, 1971 |
| Current Constitution ratified | 1971 |
| Last amended | 2019 |
| Number of amendments | 53 |
| Voting age | 18 |
| Voting residency requirements | Removed |
| Voting registration | Conforms to Motor Voter Act |
| Right to hunt, fish, and harvest game | Guaranteed |
| Number of words in 1928 revision | Half of previous version |
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What You'll Learn
The original Virginia Constitution
The original Constitution included a Virginia Bill of Rights, which stated that the listing of certain rights was not to be construed to exclude other rights held by the people. Several of the sections in the original Virginia Constitution have been expanded to incorporate concepts from the United States Bill of Rights, including the right to due process, the prohibition against double jeopardy, and the right to bear arms.
The original Constitution also included provisions regarding the territories of the colonies of Maryland, Pennsylvania, North and South Carolina, and the free navigation and use of the Patomaque and Pokomoke rivers. Additionally, it addressed the appointment of justices of the peace, secretaries, and clerks of the county courts.
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The Constitution's revisions
The Constitution of Virginia, which defines and limits the powers of the state government and the basic rights of its citizens, has been revised several times since its creation in 1776. The original Virginia Constitution of 1776 was enacted at the time of the Declaration of Independence by the first thirteen states of the United States of America. Virginia was an early state to adopt its own constitution, and the document was widely influential both within the United States and abroad.
The Virginia Constitution of 1776 was replaced in 1830, with a new constitution that was ratified by the voters. This was revised again in 1851, with another document that was ratified by the voters. During the Civil War, Virginia had two state governments, and the Secession Convention in Richmond in 1861 drafted a new constitution that removed references to the United States of America and added references to the Confederate States of America.
The 1870 constitution created a process for incremental amendments, and voters have modified different state constitutions in large and small ways since then. A major rewrite of the constitution in 1928 reduced the number of words by half and gave the government substantially more authority over the executive branch. This revision was done through the amendment process, rather than via a constitutional convention. The 1902 constitution included provisions to disenfranchise African Americans, who in 1900 made up nearly 36% of the state's population. They did not regain suffrage until after the enactment of federal civil rights legislation in the mid-1960s. The 1902 constitution also strengthened the office of the governor in managing the state bureaucracy.
The last wholesale replacement of the state constitution was done in four amendments approved by the voters in 1971. This new constitution forbade government discrimination based on race, colour, national origin, or sex. It also provided for a General Assembly session following a governor's veto and guaranteed the right of the people to hunt, fish, and harvest game. The current Constitution was ratified in 1971 and, as of 2019, has had 53 amendments added to it concerning issues ranging from tax exemptions and voting rules to budgeting and legislative calendars.
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Voting rights and rules
The Constitution of Virginia outlines and limits the powers of the state government and the fundamental rights of its citizens. Voting rights and rules are a crucial aspect of this.
The original Virginia Constitution was enacted in 1776, and since then, there have been six major revisions (in 1830, 1851, 1870, 1902, and 1971) and numerous amendments. The voting rights and rules have evolved with each revision and amendment, reflecting the social and political needs of the time.
The 1902 Constitution, for example, included provisions that disenfranchised African Americans, who made up a significant portion of the state's population. It wasn't until the passage of federal civil rights legislation in the mid-1960s that African Americans in Virginia regained their right to vote. The 1971 revision, approved by Virginia voters, removed voting residency requirements and reduced the voting age to 18.
Currently, the Constitution of Virginia guarantees voting rights to citizens who are 18 or older, are registered to vote, and reside in the state. Same-day registration and voting are allowed, and voter registration conforms to the Motor Voter Act. Additionally, Virginia allows absentee voting for citizens overseas, military personnel, and their qualifying dependents.
The General Assembly has been given broad powers to regulate the time, place, and manner of elections. The Assembly has also made provisions for persons who have recently moved residences, ensuring they can continue to vote in their former precincts. The Assembly has also addressed issues such as voter assistance, ballot casting, and the use of provisional ballots.
The Constitution of Virginia has undergone significant changes over time, shaping the voting rights and rules in the state. These changes have played a crucial role in determining who can vote and how elections are conducted in Virginia.
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The role of the governor
The Governor of Virginia plays a significant role in the state's constitution and governance. The Governor is the chief executive of the state, as outlined in Article V of the Virginia Constitution. One of the key aspects of the Governor's role is the limitation to one consecutive term, a unique feature of Virginia's Constitution. This provision has been a topic of ongoing discussion and debate.
The Governor's responsibilities include managing the state bureaucracy and overseeing the state government's functions. The Governor works closely with the General Assembly, which holds legislative power. The General Assembly can propose amendments to the constitution and pass laws, subject to the Governor's approval. The Governor also has the power to veto legislation, after which the General Assembly can convene to consider the veto.
Historically, the Governor's role has undergone revisions. Notably, the 1902 Constitution strengthened the office of the Governor, granting more authority over the state bureaucracy. This power dynamic shifted with the 1928 constitutional revision, which gave the General Assembly substantially more authority over the executive branch.
The Governor's role is also influenced by the selection process for judges. Virginia's method of selecting judges through the state legislature is rare, shared only with South Carolina. This process can impact the interpretation and application of laws within the state.
Additionally, the Governor is responsible for ensuring that the state constitution aligns with federal laws and Supreme Court rulings. For example, the 1969 revision commission worked with the Governor and the General Assembly to draft a constitution that repudiated racial discrimination and addressed the history of resistance to school desegregation.
In summary, the Governor of Virginia has a significant role in shaping the state's constitution, governance, and policy. The position is subject to unique limitations, such as term restrictions, and plays a crucial part in the legislative process, the interpretation of laws, and ensuring the state's compliance with federal requirements.
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The Bill of Rights
Virginia has revised its constitution six times since its first state constitution was created in 1776. The current constitution was ratified in 1971 and was last amended in 2019. The constitution defines and limits the powers of the state government and the basic rights of its citizens.
Furthermore, the Bill of Rights outlines the rights of citizens in the criminal justice system. These include the right to protection from excessive bail and fines, the right to be treated with fairness and dignity, the right to timely notification of judicial proceedings, and the right to restitution. It also establishes the right to address the circuit court at sentencing and the right to confer with the prosecution.
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Frequently asked questions
The Virginia Constitution has been fully revised six times, with additional amendments and adjustments made along the way.
The Virginia Constitution was first enacted in 1776, along with the state's Declaration of Rights.
The Virginia Constitution was last revised in 1971. The current constitution was approved by 72% of voters and took effect on July 1 that year.
The 1776 constitution was replaced in 1830. This revision was ratified by the voters.
The most recent revision of the Virginia Constitution was in 1971. This revision addressed issues of racial discrimination and school closings.
