Simone Lawson
The Virginia Constitutional Convention of 1901–1902 produced the Virginia Constitution of 1902, which was an important example of post-Reconstruction efforts to disenfranchise African Americans and working-class whites in the American South. This article will explain how to cite this constitutional act in various styles, including APA, MLA, and Bluebook. The Bluebook, which sets the standard for all legal citations, is particularly important for citing constitutions.
| Characteristics | Values |
|---|---|
| Location | Virginia |
| Year | 1902 |
| Duration | June 12, 1901–June 26, 1902 |
| Delegates | 100 |
| Republicans | 11 |
| Independents | 1 |
| Democrats | Majority |
| Ballot type | Australian ballot |
| Voting type | Secret voting |
| Suffrage | Males 21 years or older |
| Constitution status | Repealed |
| Effective until | July 1, 1971 |
| Citation style | MLA, APA, Bluebook |
| Abbreviation | U.S. Const. |
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What You'll Learn
The Virginia Constitutional Convention of 1901–1902
The convention was an assembly of 100 delegates, including 11 Republicans and one Independent, elected by the voters of Virginia to draft the state's new constitution. It convened in Richmond on June 12, 1901, and lasted for almost a year until June 26, 1902. The convention was presided over by John Goode, Jr., who was elected as its president.
The Virginia Constitution of 1902 that resulted from the convention replaced the state's 1869 Reconstruction-era constitution, which had guaranteed universal male suffrage. The new constitution imposed poll taxes, literacy requirements, and an "understanding" clause that required voters to demonstrate knowledge of the US Constitution to a county registrar. These measures effectively restricted the voting rights of African Americans and poor whites, leading to a significant decrease in voter turnout.
The 1902 Constitution also established the State Corporation Commission to regulate railroads and corporations, although this body lacked independence from the Martin political machine due to the governor's appointment of all three commissioners. The voting restrictions and other regulations implemented by the 1902 Constitution remained in effect until the Constitution of 1971 replaced it.
To cite a constitutional act of 1902, the Bluebook: A Uniform System of Citation is typically used as a reference. For example, to cite the United States Constitution, 14th Amendment, Section 2, the correct citation would be: "U.S. Const. amend. XIV, § 2.".
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The Virginia Constitution of 1902
> The right of suffrage is not a natural right. It is a social right and must necessarily be regulated by society. Virginia, within her borders, can regulate it according to her own sovereign will and pleasure, provided she does not violate the Constitution of the United States.
The convention delegates chose not to submit their new constitution to Virginia voters for ratification, concluding that the electorate would not willingly choose to disenfranchise itself. The Virginia Constitution of 1902 included provisions to disenfranchise African Americans, who in 1900 made up nearly 36% of the state's population. It also imposed racial segregation in public schools and abolished the county court system.
The 1902 Constitution remained in effect until July 1, 1971, shaping Virginia politics in the twentieth century. It was far longer-lasting than any previous Virginia constitution. The most controversial aspects of the 1902 Constitution were eventually overturned by the Civil Rights Movement, a series of US Supreme Court cases, the 24th Amendment, and federal legislation: the Civil Rights Act of 1964 and the Voting Rights Act of 1965.
To cite the Virginia Constitution of 1902, you can follow Bluebook Rule 11, which covers state constitutions. The citation should take the form:
> Va. Const. (year)
For example:
> Va. Const. (1902)
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Post-Reconstruction efforts to disenfranchise black and working-class white voters
The Reconstruction Acts and state Reconstruction constitutions and laws barred many ex-Confederate Southern whites from holding office and, in some states, disenfranchised them unless they took a loyalty oath. Southern whites, fearing black domination, resisted the freedmen's exercise of political power. In 1867, black men voted for the first time. By the 1868 presidential election, Texas, Mississippi, and Virginia had still not been re-admitted to the Union. General Ulysses S. Grant was elected as president, thanks in part to 700,000 black voters.
During the Reconstruction era (1865–1877), formerly enslaved people gained the right to vote under the 15th Amendment, which prohibited denying citizens the right to vote based on "race, color, or previous condition of servitude." A series of laws passed during this era also made it illegal for white supremacist organizations, such as the Ku Klux Klan, to suppress black voter activity. Additionally, these laws authorized the use of federal troops to protect polling places and prevent white supremacist violence. This resulted in the election of many black representatives to state and federal positions.
However, federal support for the protection of black rights in the South began to decrease in the 1870s, leading to increased violence directed towards black voters and the passing of state laws that disenfranchised most of these voters in the following decades. During the Jim Crow segregation era, lasting from the post-Civil War period until 1968, black voters faced voter suppression through intimidation tactics, poll taxes, literacy tests, "good character" tests, grandfather clauses, and economic repercussions.
In the post-Reconstruction era, there were also efforts to disenfranchise working-class white voters. For example, in 1888, a bitter election battle in Tennessee, marked by corruption and violence, resulted in white Democrats taking over the state legislature. They suppressed the black vote and also disenfranchised many poor whites through changes in voter registration, requiring poll taxes, and making elections more complex. In 1890, Mississippi adopted a new constitution with provisions for voter registration that included poll taxes and literacy tests, which effectively disenfranchised most blacks and many poor whites.
In 1910, the Maryland legislature proposed the Digges Amendment to the state constitution, which would have used property requirements to disenfranchise many African American men and poor white men, including new immigrants. However, this amendment was rejected by the voters of Maryland due to widespread public opposition.
More recently, increased political polarization over the past 30 years has resulted in states with higher minority populations passing laws that make it harder to vote, particularly those with Republican governors and legislatures. These stricter voting laws are often enacted to protect the political power of the Republican Party as minority populations begin to mobilize and vote at higher rates.
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The restoration of white supremacy in the American South
White Southerners, fearful of retribution and resistant to change, sought to prevent social reconstruction and maintain their dominance. This took the form of violent intimidation, with white supremacist groups like the Ku Klux Klan (KKK) using terror tactics to force uncommitted whites to their side and suppress Black political agency. The failure to adequately address this violence, either through forceful intervention or arming the Black community, allowed it to become a powerful tool in the restoration of white supremacy.
The Reconstruction Acts and the Fourteenth and Fifteenth Amendments to the Constitution were significant legislative attempts to reshape the South and extend civil rights to the formerly enslaved. However, these efforts faced staunch opposition from Southern whites who saw them as Northern impositions. The inability to find effective local collaborators and the readmission of former secessionists into the government further hindered the success of Reconstruction.
The tolerance of Black Codes, which segregated and subordinated Blacks socially and legally, and the opposition to agencies like the Freedmen's Bureau, undermined the progress towards Black equality. The results of the 1865 and 1866 elections, which restored the old order, demonstrated the challenges faced by Reconstruction efforts. The decision to allow former Confederate elites to participate in elections without ensuring Black voting rights created a dynamic of indirect rule, where the bulk of white opinion in the South went unrepresented.
To cite the Constitutional Act of 1902 in APA Style, you can follow the Bluebook rules for legal citations. Begin with "U.S. Const." followed by the relevant article, amendment, section, and/or clause numbers. For example, to cite the Fourteenth Amendment, Section 2, the citation would be: "U.S. Const. amend. XIV, § 2."
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The Virginia Constitution of 1971
When citing a constitutional act, such as the Virginia Constitution of 1971, the specific format may depend on the preferred citation style guide, such as APA or Bluebook. Here are some general guidelines on how to cite a constitutional act, which can be adapted to the specific style guide you are using:
Author and Year
Start by identifying the author or entity responsible for the constitutional act. In this case, it would be the state of Virginia or the legislative body that enacted the constitution. The year of enactment is also crucial and should be included in the citation. For the Virginia Constitution of 1971, the citation could start with "Virginia, 1971" or a similar variation.
Document Title
Include the full title of the constitutional act. In this case, it would be "The Virginia Constitution of 1971." Make sure to capitalise the title appropriately and include any subtitles or official names.
Amendment or Section Information
If you are citing a specific amendment, section, or clause within the constitution, be sure to include this information in your citation. The Bluebook style, often used for legal citations, provides specific guidelines for this. For example, if you are citing an amendment, use the abbreviation "amend." followed by the amendment number in Roman numerals. If citing a specific section or clause, use the appropriate abbreviations and numbers.
Date Accessed (Optional)
If you are referencing an online or digital version of the constitutional act, you may include the date on which you accessed the document. This is less relevant for well-known, longstanding documents like constitutions but can be included for transparency.
Virginia Constitution, 1971, Article X, Section 9-B.
Please adjust this citation according to the specific style guide you are using and the specific section or amendment you are referencing. Additionally, keep in mind that the Virginia Constitution has undergone amendments since 1971, so be sure to refer to the most up-to-date version when citing.
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