Simone Lawson
The West Virginia Constitution has been amended at least 21 times, with sources stating the number could be as high as 66. The state has had two constitutions, the first ratified in 1863 and the second in 1872. The 1872 constitution has been amended more than 60 times, with the pace of amendments accelerating over time. The most recent amendments were approved by voters on November 5, 2024.
| Characteristics | Values |
|---|---|
| Number of Constitutions | 2 |
| First Constitution | 1861 |
| First Constitution ratified | 1863 |
| Second Constitution | 1872 |
| Number of amendments to the 1872 constitution | More than 60 |
| Total number of amendments | 66 |
| Number of rejected amendment proposals | 46 |
| Number of amendments since 1960 | Majority |
Explore related products
What You'll Learn
West Virginia's 1872 constitution
West Virginia has had two constitutions. The first was ratified in 1863 and the second in 1872. The 1872 Constitution of West Virginia is the supreme law of the state of West Virginia. It expresses the rights of the state's citizens and provides the framework for the organisation of law and government.
The 1872 Constitution was drafted following a convention held in Charleston between 16 January 1872 and 9 April 1872. The convention was called after a change in political leadership in the state, with a new majority supporting revisions to the original 1863 constitution. The delegates at the convention drafted a new constitution, with some revisions including reorganising elements of the state government and lengthening executive terms. There was also debate regarding the right of Black Americans to vote and hold office, as well as the state public school system, both of which were included in the new constitution.
The 1872 Constitution resembles the 1850 constitution of Virginia in many ways. County courts became the centre of governmental authority, decentralising the state, and a system of business taxation was also implemented. The 1872 Constitution also replaced the township system of the 1863 Constitution with a reliance on county courts in addition to the supreme and circuit courts.
The 1872 Constitution has been amended at least 21 times, with 66 amendments as of 1995, and 46 proposals having been rejected. The majority of amendments proposed since 1960 have been ratified. The preamble was added to the constitution in 1960 by referendum.
Simplifying Constitutional Amendments: A Necessary Reform
You may want to see also
Amending the constitution
West Virginia has had two constitutions, the first of which was ratified in 1863 and the second in 1872. The 1863 constitution was drafted at a convention held in Wheeling between November 26, 1861, and February 18, 1862. The writing of this constitution was an essential step toward the creation of the new state, following Virginia's decision to secede from the United States. The delegates relied heavily on the Virginia constitution of 1851 but made several significant reforms to address inequities that had long provoked Western Virginians. The 1872 constitution came about following a change in political leadership in the state, with a new majority supporting revisions to the original 1863 constitution.
The current West Virginia Constitution has been amended at least 21 times, with over 60 substantive amendments to the 1872 constitution. The pace of amendments has accelerated over time, with only three in the 19th century. There have been periodic pushes for a new constitution, including in 1964 when the legislature enacted a law authorizing the election of delegates to a constitutional convention. However, this movement stalled after the state Supreme Court invalidated the law.
The West Virginia Constitution can be modified through constitutional conventions and legislatively referred constitutional amendments. A two-thirds vote is required during one legislative session for the West Virginia State Legislature to place a constitutional amendment on the ballot. This amounts to a minimum of 67 votes in the West Virginia House of Representatives and 23 votes in the West Virginia State Senate. Amendments do not require the governor's signature to be referred to the ballot.
Article XIV of the West Virginia Constitution establishes two methods for amending the constitution: a constitutional convention (Section 1) and legislative amendments (Section 2). The former has only been used to enact the 1872 constitution.
Who Can Vote on State Constitution Amendments?
You may want to see also
The 1863 constitution
West Virginia has had two constitutions, the first of which was ratified in 1863 and the second in 1872. The 1863 constitution was drafted by West Virginian delegates who met in Wheeling, West Virginia, on November 26, 1861. The draft was based on Virginia's constitution of 1851, but the delegates made significant changes to address issues specific to West Virginia, including the name of the new state, its boundaries, and the issue of slavery. On February 18, 1862, the constitution was approved unanimously by the delegates and submitted to West Virginia's voters, who approved it on April 3, 1862, by a vote of 18,862 to 514.
In 1872, a new constitution was adopted, replacing the 1863 version. This change occurred due to a shift in the state's political leadership, with a new majority supporting revisions to the original 1863 document. The 1872 constitution included reorganizing elements of the state government and lengthening executive terms. The right of Black Americans to vote and hold office, as well as the state public school system, were also debated and retained in the new constitution.
Compromise Amendments: Changing the Constitution
You may want to see also
Explore related products
West Virginia's two constitutions
West Virginia has had two constitutions, the first of which was ratified in 1863 and the second in 1872. The first constitution was drafted at a convention held in Wheeling, West Virginia, between November 26, 1861, and February 18, 1862, after West Virginia citizens elected delegates following Virginia's decision to secede from the United States. The delegates based their draft on Virginia's constitution of 1851 but made significant changes to address the issues facing West Virginia, including the name of the new state, its boundaries, and the issue of slavery. The 1863 constitution was then approved by voters on April 3, 1862, by a vote of 18,862 to 514.
The second constitution was drafted at a constitutional convention held in Charleston between January 16, 1872, and April 9, 1872. This convention was called after a change in political leadership in the state, with a new majority supporting revisions to the original 1863 constitution. The delegates drafted a new constitution, making revisions such as reorganizing elements of the state government and lengthening executive terms. The 1872 constitution also retained provisions on the right of Black Americans to vote and hold office, as well as the state public school system. This constitution was approved by voters on August 22, 1872, by a vote of 42,344 to 37,777, replacing the 1863 constitution.
The 1872 constitution has been amended more than 60 times, with the pace of amendments accelerating over time. There were only three amendments in the 19th century, but the majority of those proposed since 1960 have been ratified. Notable amendments include the Modern Budget Amendment (1968), the Legislative Improvement Amendment (1970), and the Judicial Reorganization Amendment (1974). The constitution can be modified through constitutional conventions and legislatively referred constitutional amendments. A two-thirds vote is required during one legislative session for the West Virginia State Legislature to place a constitutional amendment on the ballot.
Amending the Constitution: The Legislative Branch's Role
You may want to see also
The 1974 amendments
The West Virginia Constitution has been amended at least 21 times, with 66 amendments as of 1995, and 46 proposals that have been rejected. The majority of amendments proposed since 1960 have been ratified.
The 1863 Constitution had established a system of townships to organize the judicial branch below the supreme court. However, the original 1872 Constitution made a shift towards county courts, in addition to retaining the supreme and circuit courts. While these courts lost most of their judicial power in 1880, they remained in place until their formal abolition in 1974.
Another key change introduced by the 1974 amendments was the replacement of justices of the peace with magistrates. This alteration further shaped the state's judicial landscape, impacting the roles and responsibilities within the legal system.
The West Virginia Constitution is the supreme law of the state, outlining the rights of its citizens and providing a framework for law and governance. The state has had two constitutions: the first was ratified in 1863, and the second in 1872, with the latter still in effect today. The 1974 amendments to this foundational document reflect the evolving nature of governance and the need to adapt to the changing needs of West Virginians.
Brazil's Senate: Will They Approve Pension Reform?
You may want to see also
Frequently asked questions
West Virginia's current constitution, which dates back to 1872, has been amended more than 60 times.
West Virginia has had two constitutions.
The first West Virginian constitution was ratified in 1863.
Since 1995, the West Virginian constitution has been amended at least 21 times.
Amendments are proposed infrequently, with only three proposed in the 19th century, and the pace of amendments has accelerated over time.
