Malcolm Rivera
The Virginia Constitution is a living document that can be amended to reflect the values and needs of its society. The process of amending the Virginia Constitution consists of two main steps: proposal and ratification. The first step involves proposing an amendment, which can be done in two ways: a legislative proposal or a constitutional convention. The legislative proposal is the most common method, where an amendment is introduced and considered by the General Assembly, the legislative body in Virginia. The proposal must be approved by a majority vote in both the state Senate and the House of Delegates during the same session. The second step is ratification, where the proposed amendment is submitted to the voters and, if approved by a majority, becomes part of the Constitution.
| Characteristics | Values |
|---|---|
| Number of steps | 2 |
| First step | Proposal |
| Proposal methods | Legislative Proposal, Citizen petition |
| Legislative Proposal method | Resolution in the General Assembly |
| Resolution requirements | Majority vote in both the state Senate and the House of Delegates |
| Second step | Ratification |
| Ratification requirements | Majority vote by the citizens |
| Number of amendments since 2006 | 15 |
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What You'll Learn
- Proposal—an amendment is introduced and considered by the General Assembly
- Legislative Proposal—proposed amendment introduced in the Senate or House of Delegates
- Ratification—amendment must be approved by a majority of voters
- Two legislative sessions—a simple majority vote is required in two successive sessions
- Citizen petition bypass—amendments proposed and ratified by the General Assembly bypass this
Proposal—an amendment is introduced and considered by the General Assembly
The first step in amending the Virginia Constitution is the proposal stage, where an amendment is introduced and considered by the General Assembly, the legislative body in Virginia. This is a meticulous and deliberate process that requires careful consideration to ensure that any changes are in line with the principles and values of the state.
The most common method of proposing an amendment is through the Virginia General Assembly, which can be done in two ways: a legislative proposal or a citizen petition. A legislative proposal can be introduced in either the Senate or the House of Delegates as a resolution. This resolution must be approved by a majority vote in both the state Senate and the House of Delegates during the same session, and then it must be introduced and approved again by both houses in the session immediately following a House of Delegates election. For example, any resolution passed in 2020 or 2021 must be passed a second time in 2022, as it follows the 2021 election where delegates were elected. This two-step process ensures that proposed amendments receive broad support and are carefully considered.
Once an amendment is approved by both legislative houses during two separate legislative sessions, it can be placed on the ballot for voter approval. A simple majority vote is required for this, amounting to a minimum of 51 votes in the Virginia House of Delegates and 21 votes in the Virginia State Senate, assuming no vacancies. It is important to note that the governor's signature is not required for an amendment to be referred to the ballot.
After an amendment is approved by a majority of voters, it becomes part of the Constitution on the date prescribed by the General Assembly in submitting the amendment to the voters. This date is included in the submission of the amendment to the voters for their consideration.
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Legislative Proposal—proposed amendment introduced in the Senate or House of Delegates
The first step in amending the Virginia Constitution is the proposal stage, where a proposed amendment is introduced and considered by the General Assembly, the legislative body in Virginia. The most common method of proposing an amendment is through the Virginia General Assembly, which can be done in two ways.
A Legislative Proposal is the more frequently used method, where a proposed amendment is introduced in the Senate or House of Delegates as a resolution. This resolution must be approved by a majority vote by both the state Senate and the House of Delegates during the same session. This is known as the "first resolution" or "first reference". For instance, a resolution passed by the legislature in 2020 must be passed again in 2022, as it is the session immediately following the 2021 election where delegates were elected.
The resolution must then be introduced for a second time, known as the "second resolution" or "second reference", and approved by both houses in the subsequent session. This two-step process ensures that any proposed amendments receive careful consideration and broad support, reflecting the values and needs of Virginia's changing society. It is important to note that amendments can also be proposed and ratified simultaneously by the General Assembly, bypassing the citizen petition process.
The second step in the process is ratification. Once the resolution is approved by both legislative houses during two separate legislative sessions, the amendment must be approved by a majority of voters. This is done by submitting the proposed amendment to the voters qualified to vote in elections, at least ninety days after final passage by the General Assembly. If a majority of those voting approve the amendment, it becomes part of the Virginia Constitution.
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Ratification—amendment must be approved by a majority of voters
Ratification is the second step in the process of amending the Virginia Constitution. This step involves submitting the proposed amendment to the voters qualified to vote in elections. The resolution must be approved by a majority of voters for the amendment to be ratified. This means that more than half of the voters who participate in the election must vote in favour of the amendment.
The process of amending the Virginia Constitution is a meticulous and deliberate one, designed to ensure that any proposed amendments receive careful consideration and broad support. The ratification step is an important part of this process, as it allows the citizens of Virginia to have a direct say in any changes made to their state's constitution.
To reach the ratification stage, an amendment must first be proposed and approved by the General Assembly, which is the legislative body in Virginia. This involves introducing the amendment as a resolution in the General Assembly and obtaining a majority vote in both the state Senate and the House of Delegates during two separate legislative sessions.
Once an amendment has successfully completed both the proposal and ratification steps, it becomes an official part of the Virginia Constitution. The current Virginia Constitution has been amended 15 times since 2006, with the most recent amendment being approved by voters on November 5, 2024.
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Two legislative sessions—a simple majority vote is required in two successive sessions
The process of amending the Virginia Constitution is meticulous and deliberate, requiring careful consideration and broad support. The first step in this two-step process is the proposal stage, where an amendment is introduced and considered by the General Assembly, Virginia's legislative body. The General Assembly is the most common method of proposing an amendment.
The second step involves the legislative referral method, which is the sole avenue for amending the state Constitution. This means that amendments must first be approved by both legislative houses during two separate legislative sessions, with a simple majority vote required in two successive sessions. This can be done by achieving a minimum of 51 votes in the Virginia House of Delegates and 21 votes in the Virginia State Senate, assuming no vacancies. Once the resolution passes both houses, it must be approved by a majority of voters.
The resolution must be introduced and passed again in the session immediately following a House of Delegates election. For example, any resolution passed in 2020 or 2021 must be passed a second time in 2022 to move forward, as it follows the 2021 election where delegates were elected. This two-step procedure provides a fair opportunity for both lawmakers and citizens to shape the constitutional framework.
Amendments to the Virginia Constitution do not require the governor's signature to be referred to the ballot. Since 2006, the current Virginia Constitution has been amended 15 times.
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Citizen petition bypass—amendments proposed and ratified by the General Assembly bypass this
The Constitution of Virginia allows for amendments to be made to the existing text, which is unusual compared to other constitutions. This process of amending the Virginia Constitution is called "legislative referral". Amendments must first be proposed as a resolution in the General Assembly and must be approved by a majority vote in both the state Senate and the House of Delegates.
The resolution must then be introduced and approved again by both houses in the session immediately following a House of Delegates election. This is known as the "second resolution" or "second reference". For example, a resolution passed in 2020 or 2021 must be passed again in 2022 to move forward, as this is the session immediately following the 2021 election.
Once the resolution has been approved by both legislative houses in two separate sessions, it must then be approved by a majority of voters. This is done by submitting the proposed amendment to voters qualified to vote in elections, and if a majority of those voting approve of the amendment, it becomes part of the Constitution.
The process described above is the standard method for amending the Virginia Constitution. However, there may be alternative methods for citizens to propose amendments that bypass the General Assembly. For example, citizens can petition and initiate court cases, as seen in the case of Citizens United, where citizens sought to overturn a Supreme Court decision related to the First Amendment. While the Citizens United case did not lead to a constitutional amendment, it demonstrates that citizens can play an active role in proposing changes to the Constitution outside of the standard legislative process.
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