Malcolm Rivera
The Virginia Declaration of Rights, written by George Mason and adopted by the Virginia Constitutional Convention on June 12, 1776, outlines the core political principles, inherent rights of individuals, and the fundamental purpose of government. The Virginia Constitution of 1776, enacted at the time of the Declaration of Independence, includes various freedoms and rights, such as religious freedom, freedom of the press, and the right to reform or abolish inadequate governments. The Virginia Statute for Religious Freedom, written by Thomas Jefferson and passed in 1786, further emphasizes freedom of religion and conscience, while later constitutions address issues of representation, suffrage, and the abolition of slavery.
| Characteristics | Values |
|---|---|
| Freedom of the press | One of the great bulwarks of liberty |
| Freedom of religion | No man shall be compelled to frequent or support any religious worship, place, or ministry |
| Freedom of thought | Nature's God gives man the freedom to choose his religious beliefs |
| Freedom from standing armies in peacetime | A well-regulated militia composed of the body of the people is the proper, natural, and safe defense of a free state |
| Freedom from tyranny | Accused King George III of tyranny and dissolved allegiance to the British crown |
| Freedom to reform, alter, or abolish inadequate governments | A majority of the community has an indubitable, inalienable, and indefeasible right to do so |
| Freedom from privilege based on birthright | No man or set of men is entitled to exclusive or separate emoluments or privileges from the community |
| Freedom to elect a governor | The governor is elected annually by the legislature |
| Freedom to elect senators and delegates to the General Assembly | The constitution was ratified by a popular majority |
| Freedom to vote by ballot | Voting by public voice vote was removed |
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What You'll Learn
Freedom of religion
The Virginia Statute for Religious Freedom, written by Thomas Jefferson, was passed by the Virginia General Assembly on January 16, 1786. The statute disestablished the Church of England in Virginia and guaranteed freedom of religion to people of all faiths, including Christians of all denominations, Jews, Muslims, and Hindus.
The statute was a notable precursor to the Establishment Clause and Free Exercise Clause of the First Amendment to the United States Constitution. It was also one of only three accomplishments that Jefferson instructed be included on his epitaph, along with the Declaration of Independence and the founding of the University of Virginia.
The Virginia Statute for Religious Freedom is a statement about freedom of conscience and the separation of church and state. The first paragraph of the statute proclaims the freedom of thought, with Jefferson arguing that "Nature's God," visible in the workings of the universe, gives man the freedom to choose his religious beliefs.
The statute also states that no man shall be compelled to frequent or support any religious worship, place, or ministry, nor shall he be penalized or suffer in any way on account of his religious opinions or beliefs. It further asserts that all men shall be free to profess and maintain their opinions in matters of religion, and that this shall not affect their civil capacities.
The third paragraph reflects Jefferson's belief in the people's right to change any law through their elected assemblies. He states that the statute is not irrevocable because no law is, and that future assemblies choosing to repeal or circumscribe the act would do so at their own peril, as it would be an "infringement of natural right."
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Freedom of the press
The Virginia Declaration of Rights, written by George Mason and adopted by the Virginia Constitutional Convention on June 12, 1776, became the basis of the Bill of Rights. It proclaims that freedom of the press is one of the great bulwarks of liberty and can never be restrained except by despotic governments.
> "That the freedoms of speech and of the press are among the great bulwarks of liberty, and can never be restrained except by despotic governments; that any citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; that the General Assembly shall not pass any law abridging the freedom of speech or of the press, nor the right of the people peaceably to assemble, and to petition the government for the redress of grievances."
The Virginia Declaration of Rights also states that a well-regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defence of a free state. It asserts that standing armies in times of peace should be avoided as they are dangerous to liberty, and that the military should always be governed by civil power.
The Virginia Declaration of Rights recognises that the people are the source of all power and have the right to replace governments that do not meet their needs. It also reflects the republican principle that no individual is entitled to power based on heredity.
Thomas Jefferson, who drafted the Declaration of Independence, drew heavily upon the Virginia Declaration of Rights, particularly its opening paragraphs. The Virginia Declaration of Rights was also influential in the formation of other colonies' constitutions and the US Bill of Rights.
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Freedom to pursue happiness
The Virginia Declaration of Rights, written by George Mason and adopted unanimously by the Virginia Convention of Delegates on June 12, 1776, includes the "Freedom to pursue happiness". This freedom is included in the state's constitution even today.
The first and second articles of the declaration speak of happiness in the context of "recognizably Lockean rights". It states that all men are ""equally free and independent" and have certain inherent rights that they cannot deprive their posterity of. These rights include the "enjoyment of life and liberty" and the "means of acquiring and possessing property, and pursuing and obtaining happiness and safety". The inclusion of the phrase "pursuing and obtaining happiness" in the Virginia Declaration of Rights is believed to be influenced by John Locke, Jean-Jacques Rousseau, Gottfried Wilhelm Leibniz, William Wollaston, Jean-Jacques Burlamaqui, and Sir William Blackstone.
Thomas Jefferson, who was influenced by Locke, used the phrase "Life, Liberty, and the pursuit of Happiness" in the Declaration of Independence. The phrase has also been used in the constitutions of other countries, such as Japan and South Korea, indicating the recognition of the right to happiness in democracies modelled on America's government.
The right to pursue happiness has been central to landmark decisions defining the constitutionality of marriage. For instance, in the case of Loving v. Virginia, the court found that a Virginia statute prohibiting interracial marriages was unconstitutional as it violated the Fourteenth Amendment's equal protection clause and the right of freedom of marriage, which was "essential to the orderly pursuit of happiness by free men".
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Freedom to acquire and possess property
The Virginia Declaration of Rights, written by George Mason and adopted by the Virginia Constitutional Convention on June 12, 1776, states that all men are "equally free and independent" and have certain "inherent rights" that cannot be taken away. One of these rights is the freedom to acquire and possess property.
This right is further protected by the Virginia Constitution, which includes provisions to prevent the arbitrary taking of private property. The Constitution states that no private property shall be taken or damaged for public use without just compensation to the owner. This is known as the power of eminent domain, and it is exercised by the government to acquire private property for public use. In Virginia, the government must provide just compensation to the owner, which includes the value of the property taken, lost profits, lost access, and damages to the remaining property.
The Constitution also protects citizens from being taxed or deprived of their property for public uses without their consent or that of their elected representatives. This ensures that citizens cannot be arbitrarily taxed or have their property taken away without their agreement or that of their chosen representatives.
Additionally, the Virginia Constitution establishes the right to trial by jury in controversies respecting property. This means that disputes over property ownership or other property-related matters are to be decided by a jury of impartial peers, which is considered the preferred method of resolving such disputes.
The protection of the right to acquire and possess property is a fundamental aspect of the Virginia Constitution, ensuring that citizens have secure ownership of their property and are fairly compensated in cases where their property is taken for public use.
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Freedom from standing armies
The Constitution of Virginia, which came into effect in 1776, includes a section on freedom from standing armies. This freedom is enshrined in the state's Declaration of Rights, which forms the basis of the Constitution and was written by George Mason.
Section 12 of the Declaration of Rights states that a well-regulated militia composed of the body of the people and trained to arms is the proper, natural, and safe defence of a free state. It goes on to say that standing armies in times of peace should be avoided as they pose a danger to liberty. This section also emphasizes that the military must always be subordinate to and governed by the civil power.
The avoidance of standing armies in peacetime is a key principle in the Virginia Constitution, reflecting the founding fathers' belief in the potential threat such armies could pose to the liberty of the people. This belief is further reflected in the Constitution's support for a well-regulated militia, which was seen as a safer alternative for maintaining the defence of a free state.
The right to keep and bear arms, as mentioned in the Constitution, is also related to the concept of freedom from standing armies. By guaranteeing this right, the Constitution ensures that the people have the means to form a well-regulated militia and defend themselves without relying on a permanent military force.
In addition to the Constitution's explicit mention of standing armies, the broader historical context of the time provides further insight into this freedom. The Constitution was written during a period of growing anti-British sentiment and the onset of the American Revolution. The presence of standing armies under British control may have been seen as a threat to the liberties sought by the colonists, further reinforcing the importance of freedom from such armies in the eyes of the framers of the Virginia Constitution.
Overall, the inclusion of freedom from standing armies in the Virginia Constitution reflects the framers' commitment to safeguarding the liberties of the people and ensuring that military power remained subordinate to civil authority. This principle, along with the other rights outlined in the Declaration of Rights, formed a foundational aspect of governance in Virginia and influenced the development of other state constitutions and the Bill of Rights.
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Frequently asked questions
The Virginia Declaration of Rights was written by George Mason and adopted by the Virginia Constitutional Convention on June 12, 1776. It outlines the core political principles, including the inherent rights of individuals and the fundamental purpose of government.
The Virginia Declaration of Rights includes the freedom of the press, the right to life and liberty, the right to acquire and possess property, and the pursuit of happiness and safety. It also includes the freedom of religion and the principle of separation of church and state.
The Virginia Statute for Religious Freedom is a statement about freedom of conscience and the separation of church and state. It was written by Thomas Jefferson and passed by the Virginia General Assembly on January 16, 1786.
The Virginia Statute for Religious Freedom states that no man shall be compelled to frequent or support any religious worship, and that all men shall be free to profess and maintain their religious opinions without suffering any burden or penalty.
The Virginia Constitution has undergone six major revisions in 1830, 1851, 1864, 1870, 1902, and 1971. These revisions have addressed issues such as voting rights, slavery, and the separation of church and state.
