Eleanor Finch
The 1971 Virginia Constitution was introduced to replace the longstanding and rarely changed Constitution of 1902, which had been written with the explicitly stated purpose of disenfranchising Black voters. The 1971 Constitution addressed this unhappy history by forbidding government discrimination based on race, colour, national origin, or sex. It also recognised equal public education as a fundamental right, guaranteed the right to hunt, fish and harvest game, and provided some protection of Virginia's natural resources. The new constitution was drafted by the Commission on Constitutional Revision, which was created in 1968 by then-Governor Mills E. Godwin, Jr. to reflect the state's changing demographics and the demands they placed on the government.
| Characteristics | Values |
|---|---|
| Purpose | To replace the Constitution of 1902, which was long and restrictive and included provisions to disenfranchise African Americans. |
| Length | About 18,430 words, less than two-thirds the length of the 1902 Constitution. |
| Voting rights | Removed the complex poll tax and registration procedures that had disenfranchised many voters. Reduced the voting age to 18 and removed voting residency requirements. |
| Discrimination | Forbade government discrimination based on race, color, national origin, or sex. |
| Public education | Recognized equal public education as a fundamental right. |
| Environment | Provided some protection for Virginia's natural resources. |
| Amendments | Voters have ratified 54 amendments to the 1971 Constitution. |
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What You'll Learn
- The 1971 Constitution of Virginia replaced the 1902 Constitution, which was long and restrictive
- The new constitution addressed racial inequality and discrimination
- It expanded voting rights, removing the poll tax and residency requirements
- The constitution recognised equal public education as a fundamental right
- It also provided some protection of Virginia's natural resources
The 1971 Constitution of Virginia replaced the 1902 Constitution, which was long and restrictive
The 1971 Constitution was drafted by the Commission on Constitutional Revision, which was created by Governor Mills E. Godwin, Jr. in 1968. The Commission's goal was to reflect the changing demands on the government due to Virginia's urbanization, industrialization, and population growth. The new Constitution addressed the state's unhappy history of massive resistance and school closings, forbidding government discrimination based on race, colour, national origin, or sex.
The 1971 Constitution also expanded voting rights, with the voting age reduced to 18, voting residency requirements removed, and voter registration conforming to the Motor Voter Act. It also recognised equal public education as a fundamental right, guaranteed in the Bill of Rights alongside traditional rights such as freedom of speech, press, and religion.
In terms of length, the 1971 Constitution was less than two-thirds the length of the 1902 Constitution, omitting many legislative provisions and obsolete requirements, such as the poll tax and racial segregation in public schools.
The 1971 Virginia Constitution was ratified by an overwhelming majority of 72% of voters and took effect on July 1, 1971. It remains the current state constitution, with only a few changes since its ratification, including an amendment in 2006 restricting marriage to heterosexual couples, which was overturned in 2015 to legalise same-sex marriage.
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The new constitution addressed racial inequality and discrimination
The 1971 Virginia Constitution was introduced to replace the long-standing and rarely changed Constitution of 1902, which had been written with the explicit purpose of disenfranchising Black voters. The 1902 Constitution included provisions that prevented the state from adapting to changed conditions and popular demands for additional government services. It also included draconian measures that disenfranchised more whites than Blacks, with complex poll tax and registration procedures that disenfranchised nearly half of the state's white voters.
The 1971 Constitution addressed racial inequality and discrimination by forbidding government discrimination based on race, colour, national origin, or sex. It also addressed the history of massive resistance and school closures by mandating that localities provide their share of funding for public schools. The new constitution also recognised equal public education as a fundamental right, in line with Thomas Jefferson's Bill for the More General Diffusion of Knowledge.
The Civil Rights movement of the 1960s played a significant role in pushing Virginia to adopt a new Constitution. In 1964, the U.S. Supreme Court ruled that legislative reapportionment must adhere to the principle of one person, one vote, and the next year, Congress enacted the Voting Rights Act, which included Virginia. In 1966, the Supreme Court invalidated Virginia's poll tax, and in 1968, Governor Mills E. Godwin, Jr. created the Commission on Constitutional Revision to reflect the changing demands upon the government. The proposed Constitution was approved by the voters of Virginia, including African American men and women following the passage of federal civil rights legislation in the mid-1960s.
The 1971 Constitution also overturned several Jim Crow laws that had been codified in the 1902 Constitution. It provided for the expansion of voting rights, with the voting age reduced to 18, voting residency requirements removed, and voter registration conforming to the Motor Voter Act.
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It expanded voting rights, removing the poll tax and residency requirements
The 1971 Virginia Constitution expanded voting rights by removing the poll tax and residency requirements. The 1902 Constitution had disenfranchised a large number of voters, especially Black voters, through its complex poll tax and registration procedures. In 1966, the Supreme Court invalidated Virginia's poll tax, and in 1968, Governor Mills E. Godwin, Jr. created a Commission on Constitutional Revision to address the need for a total reevaluation of the state's laws. The 1971 Constitution also removed voting residency requirements, allowing more people to participate in the democratic process.
The Virginia Constitution of 1971 was introduced to replace the long-standing and infrequently amended Constitution of 1902. The 1902 Constitution had reflected institutionalised segregation, restricted voting rights, and maintained racial and gender inequality. It included provisions to disenfranchise African Americans, who made up about 36% of the state's population in 1900. The new constitution, on the other hand, forbade government discrimination based on race, colour, national origin, or sex.
The complex poll tax and registration procedures of the 1902 Constitution disenfranchised nearly half of Virginia's white voters and an even larger proportion of Black voters. The poll tax was a significant barrier to voting, especially for those with limited financial resources. Its removal in the 1971 Constitution was a crucial step towards expanding voting rights and making the democratic process more accessible to all eligible citizens.
The 1971 Constitution also addressed the issue of residency requirements for voting. Previously, voters may have been required to reside in a particular area for a specified period before being eligible to vote in that location. Removing these residency requirements made it easier for people to participate in elections, particularly those who had recently moved or who lived in multiple places. This change ensured that more individuals could exercise their right to vote and have a say in choosing their representatives.
The expansion of voting rights in the 1971 Virginia Constitution was a significant step towards a more inclusive and representative democracy in the state. By removing barriers such as the poll tax and residency requirements, a broader range of citizens were able to participate in the electoral process, contributing to a government that better reflected the diversity and interests of its people. This evolution of voting rights in Virginia aligned with the social and political changes occurring across the United States during that period.
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The constitution recognised equal public education as a fundamental right
The Virginia Constitution of 1971 was introduced to replace the long-standing and rarely changed Constitution of 1902. The 1902 Constitution had been written with the explicit purpose of disenfranchising as many Black voters as possible and maintained racial and gender inequality. The 1971 Constitution, on the other hand, recognised equal public education as a fundamental right, forbidding government discrimination based on race, colour, national origin, or sex.
The 1971 Constitution addressed the history of massive resistance and school closings in Virginia, which had joined other southern states in resisting the desegregation of public schools following the U.S. Supreme Court's 1954 decision in Brown v. Board of Education. Prince Edward County had even closed its schools altogether. The 1971 Constitution also provided for a mandate that, once the General Assembly devised a formula for state and local funding of public schools, localities had to provide their share, which the attorney general could enforce.
The recognition of equal public education as a fundamental right in the 1971 Constitution was part of a broader expansion of voting rights and social equity in Virginia. The new Constitution included provisions to reduce the voting age to 18, remove voting residency requirements, and conform voter registration to the Motor Voter Act. These changes expanded voting rights to African American men and women, who had been previously disenfranchised, and reflected the demands of a growing and urbanizing population in Virginia.
The 1971 Constitution also included a provision for a General Assembly session following a governor's veto, guaranteeing the right of the people to hunt, fish, and harvest game, and providing some protection for Virginia's natural resources. Since its ratification, there have been few changes to the Virginia Constitution, including an amendment restricting marriage to heterosexual couples, which was later overturned by the Supreme Court in 2015 to legalise same-sex marriage.
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It also provided some protection of Virginia's natural resources
The Virginia Constitution of 1971 was introduced to replace the Constitution of 1902, which had been promulgated without a ratification referendum to disenfranchise Black voters. The 1971 Constitution aimed to address the state's unhappy history of massive resistance and school closings, forbidding government discrimination based on race, colour, national origin, or sex. It also guaranteed equal public education as a fundamental right.
The 1971 Constitution also provided some protection of Virginia's natural resources. While the specifics of this protection are not explicitly stated, it is known that the Constitution aimed to modernize and adapt to the changed conditions and popular demands of the time. The 1971 Constitution was a response to the social upheaval in Virginia, including the Civil Rights movement in the 1960s, which likely influenced the inclusion of protections for the state's natural resources.
The Commission on Constitutional Revision, created by Governor Mills E. Godwin, Jr. in 1968, played a crucial role in drafting the 1971 Constitution. The Commission recognized that Virginia's urbanization, industrialization, and population growth required a reexamination of the state's laws. The Commission's core assumption was that "the people of Virginia want to shape their own destiny" and that they desired a constitution that enabled a healthy and responsible state government.
The 1971 Constitution also expanded voting rights, lowered the voting age to eighteen, and removed voting residency requirements. It addressed the issue of massive resistance to school desegregation, with localities mandated to provide their share of funding for public schools. Additionally, it included the right of the people to hunt, fish, and harvest game. These changes reflected the evolving social and political landscape of Virginia, ensuring that the Constitution remained relevant and responsive to the needs of its citizens.
Since its ratification in 1971, the Virginia Constitution has undergone few changes. One notable amendment added in 2006 restricted marriage to heterosexual couples, but this was overturned in 2015 when the Supreme Court legalized same-sex marriages. The 1971 Virginia Constitution remains the current constitution of the state, providing a framework for governance and protecting the rights of its citizens, including their natural environment.
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Frequently asked questions
The 1971 Constitution of Virginia was introduced to replace the Constitution of 1902, which was long and restrictive, and to address the unhappy history of massive resistance and school closings.
The 1971 Constitution of Virginia forbade government discrimination based on race, colour, national origin, or sex. It also recognised equal public education as a fundamental right and provided some protection for Virginia's natural resources.
Governor Mills E. Godwin, Jr. created a Commission on Constitutional Revision in 1968, which presented its report and recommendations to the Governor and the General Assembly in January 1969. The General Assembly then adopted the majority of the commission's recommendations. The proposed Constitution was put to a public vote in 1970 and was overwhelmingly approved, with 72% voting in favour. It came into effect on 1 July 1971.
