Omar Bennett
The West Virginia Constitution has been amended several times since its ratification in 1872. The state constitution is a fundamental document outlining the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. The West Virginia Constitution can be modified through constitutional conventions and legislatively referred constitutional amendments.
| Characteristics | Values |
|---|---|
| Number of times the constitution has been amended | 21 times (as of 2024) or 66 times (as of 1995) |
| Number of amendments attached to the document | 15 |
| Number of amendments passed in 1902 | 2 |
| Number of proposals rejected | 46 |
| Number of articles | 14 |
| Number of sections in Article XIV | 2 |
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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 was approved by voters on August 22, 1872, by a vote of 42,344 to 37,777. This constitution replaced the 1863 constitution.
The 1872 constitution was drafted following a constitutional convention held in Charleston from January 16, 1872, to April 9, 1872. The constitution addressed several issues, including the right of black Americans to vote and hold office, as well as the state public school system. The constitution also included provisions related to the powers of municipal corporations and their ability to borrow money, contract debts, and levy taxes.
The West Virginia Constitution affirms the state's status as part of the United States of America and recognises the US Constitution and its laws as the supreme law of the land. It outlines the oath taken by members of the Legislature, which includes a pledge to support both the US Constitution and the West Virginia Constitution.
Additionally, the West Virginia Constitution establishes certain procedures for the passage of bills into law. It stipulates that a bill must be fully and distinctly read on three different days in each house before becoming a law, unless waived in cases of urgency by a four-fifths majority vote. It also emphasises that acts should embrace a single object clearly expressed in the title and that any amendments must be inserted at large in the new act. Furthermore, it outlines the process for reconsidering and amending bills, including the involvement of the governor and the respective houses.
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The number of amendments
The West Virginia Constitution is the supreme law of the U.S. state of West Virginia. It outlines the rights of the state's citizens and provides a framework for the organization of law and government. West Virginia has had two constitutions. The first was ratified in 1863, and the second in 1872.
The current West Virginia Constitution has been amended at least 21 times. The majority of amendments proposed since 1960 have been ratified. The preamble was added to the constitution in 1960 by referendum. As of 1995, the document has been amended 66 times, with an additional 46 proposals having been rejected.
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. Amendments do not require the governor's signature to be referred to the ballot.
Article XIV of the West Virginia Constitution is entitled "Amendments" and consists of two sections. The article provides 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. Fifteen amendments are attached to the end of the document. Two amendments, passed in 1902, revised the state's judicial system and educational funding system.
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How amendments are made
The West Virginia Constitution has a detailed process for how amendments are made. Firstly, no bill shall become a law until it has been fully and distinctly read on three different days in each house. The only exception to this rule is in the case of urgency, where a vote of four-fifths of the members present can dispense with this rule.
Secondly, no act passed can embrace more than one object, and this object must be clearly expressed in the title. If an act includes an object that is not expressed in the title, then only the part that is not expressed will be considered void. Furthermore, no law can be amended or revived by reference to its title only; the law revived or the section amended must be inserted at large in the new act.
Thirdly, no act of the Legislature, except those passed in the first session under this constitution, can take effect until ninety days after its passage. This can be overridden by a two-thirds majority vote of the members elected to each house.
Finally, when a bill or joint resolution passed by one house is amended by the other, the amended bill or resolution must be voted on again by the house that originally passed it. The affirmative vote of a majority of all the members elected to such a house is necessary for the bill or resolution to pass.
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Voter approval
The West Virginia Constitution has been amended at least 21 times, with the majority of amendments proposed since 1960 being ratified. The document includes 14 articles and several amendments, with 15 amendments attached to the end of the document.
The 1872 constitution came about following a constitutional convention held in Charleston from January 16 to April 9, 1872. This convention was convened due to a change in the state's political leadership, with the new majority supporting revisions to the original 1863 constitution. The delegates drafted a new constitution, making revisions such as reorganizing the state government and extending executive terms. The right of African Americans to vote and hold office, as well as the state public school system, were also debated and retained in the new constitution. The 1872 constitution was approved by voters on August 22, 1872, with a vote of 42,344 to 37,777, replacing the previous version.
The West Virginia Constitution can be modified through constitutional conventions and legislatively referred constitutional amendments. While the state does not have the power of initiative for initiated constitutional amendments, a two-thirds vote during a legislative session is required 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.
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The first constitution
West Virginia has had two constitutions. The first West Virginia constitution was ratified in 1863, following the state's separation from Virginia during the Civil War. On November 26, 1861, delegates from West Virginia's westernmost counties met in Wheeling, West Virginia, to draft a constitution for the new state. The document was based on Virginia's 1851 constitution but included significant changes to address issues specific to West Virginia, such as the state's boundaries and the issue of slavery. The delegates unanimously approved the constitution on February 18, 1862, and it was subsequently approved by West Virginia voters on April 3, 1862.
The 1863 constitution included 14 articles and reflected the state's unique circumstances during the Civil War. One notable aspect was its abandonment of the traditional county government system found in Virginia and other Southern states. Instead, it established a system of townships similar to those in New England, "Yankeefying" the state's local government. Another important feature was Article I, which defined the state's relationship with the federal government and acknowledged the supremacy of the US Constitution. Article II dealt with the state's boundaries and the rights of citizens, while Article III set out the rights of citizens. The 1863 constitution also included provisions for adding additional territory to the state, which was utilised in the same year to incorporate Berkeley and Jefferson Counties into West Virginia.
In 1869, the Flick Amendment introduced universal manhood suffrage in the state. This amendment empowered conservatives, including former Confederates, who came to dominate the constitutional convention held in 1872. The 1872 convention made several changes to the 1863 constitution, including increasing the terms of office for the governor and legislators and reorganising aspects of the state government. The new constitution was approved by voters on August 22, 1872, replacing the 1863 document.
The 1872 constitution resembled Virginia's 1850 constitution in many ways, with county courts becoming the centre of governmental authority. It also implemented a system of business taxation. This second constitution has been amended numerous times, with 66 amendments as of 1995.
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Frequently asked questions
As of 1995, the West Virginia Constitution has been amended 66 times, with an additional 46 proposals having been rejected. However, one source states that the constitution has been amended at least 21 times.
15 amendments are attached to the end of the West Virginia Constitution document.
Article XIV provides two methods for amending the constitution: a constitutional convention (section 1) and legislative amendments (section 2). A two-thirds vote is required during one legislative session for the West Virginia State Legislature to place a constitutional amendment on the ballot.
The first West Virginia Constitution was ratified in 1863 and the second in 1872. The 1872 constitution was amended in 1902, with revisions to the state's judicial system and educational funding system.
The 1872 West Virginia Constitution resembled the 1850 Virginia Constitution in many ways. County courts became the center of governmental authority, decentralizing the state, and a system of business taxation was also implemented.
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