Omar Bennett
The West Virginia Constitution has been amended at least 21 times, with the most recent amendments approved on November 5, 2022. The constitution can be modified through constitutional conventions and legislatively referred constitutional amendments. A two-thirds vote is required during a legislative session for the West Virginia State Legislature to place a constitutional amendment on the ballot. This amounts to a minimum of 67 votes in the House of Representatives and 23 votes in the State Senate. Amendments do not require the governor's signature to be referred to the ballot.
| Characteristics | Values |
|---|---|
| Number of Constitutions | 2 |
| First Constitution Ratified | 1863 |
| Second Constitution Ratified | 1872 |
| Number of Amendments | 21 |
| Last Amended | November 5, 2024 |
| Amendment Process | Constitutional conventions and legislatively referred constitutional amendments |
| Legislative Vote Requirement for Amendment | Two-thirds |
| Legislative Vote Count Requirement for Amendment | 67 votes in the West Virginia House of Representatives and 23 votes in the West Virginia State Senate |
| Governor Signature Requirement for Amendment | Not required |
| Legislative Vote Requirement for Constitutional Convention | Simple majority |
| Recent Amendment Proposals | 4 |
Explore related products
What You'll Learn
West Virginia has had two constitutions
The 1863 constitution included provisions for equal apportionment based on population, with no property qualifications for voting. It required that all property be taxed equally at face value and that the legislature establish a system of public schools "as soon as practicable". The constitution also barred state and local governments from borrowing money. However, after the Civil War ended in April 1865, the West Virginia legislature adopted "loyalty" requirements that severely limited the ability of former Confederates to vote, hold office, and use the courts. These measures created widespread dissent and ultimately led to the demise of the 1863 constitution.
In 1871, voters approved a constitutional amendment eliminating the loyalty requirement for voting and called for a new constitutional convention. This convention began in Charleston in January 1872, and resulted in a new constitution being drafted. Some revisions included reorganizing elements of the state government and lengthening executive terms. There was also debate about the right of Black Americans to vote and hold office, as well as the state public school system, both of which were retained in the new constitution. The 1872 constitution was approved by voters on August 22, 1872, replacing the 1863 constitution.
The West Virginia 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. 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.
Constitution and Amendments: Our Rights and Freedoms
You may want to see also
Amendments are rare
The West Virginia Constitution can be modified through constitutional conventions and legislatively referred constitutional amendments. While amendments to the West Virginia Constitution are rare, there have been at least 21 amendments since its ratification in 1872. The constitution was first drafted in 1861, and it was ratified in 1863. However, the 1863 constitution was short-lived due to the adoption of loyalty requirements by the West Virginia legislature after the Civil War, which limited the ability of former Confederates to vote, hold office, and use the courts.
In 1871, voters approved a constitutional amendment eliminating the loyalty requirement, and a new constitution was drafted in 1872. This constitution addressed issues such as the right of Black Americans to vote and hold office, and the state public school system. The 1872 constitution has been amended several times, with significant amendments in the late 1960s and early 1970s that modernized state governance. These included the Modern Budget Amendment of 1968, the Legislative Improvement Amendment of 1970, and the Judicial Reorganization Amendment of 1974.
Amending the West Virginia Constitution requires a two-thirds vote during a legislative session 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 State Senate. In 2022, there were four proposed amendments to the constitution, two of which pertained to the taxation of personal property and the incorporation of churches or religious denominations.
While amendments are infrequent, West Virginians have the power to adopt amendments through ballot measures. The state legislature can also refer a constitutional convention question to voters with a simple majority vote.
Constitutional Amendments: Gilded Age Changes
You may want to see also
Two paths to amend
The West Virginia Constitution can be modified through two paths: constitutional conventions and legislatively referred constitutional amendments.
Constitutional Conventions
The West Virginia Constitution can be amended through constitutional conventions. According to Section 1 of Article XIV, the state legislature can vote to refer a constitutional convention question to voters. A simple majority vote is required in the legislature. If a simple majority of voters approve the question, the legislature needs to call for a convention during its next session.
Legislatively Referred Constitutional Amendments
The West Virginia Constitution can also be amended through 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. That amounts to a minimum of 67 votes in the West Virginia House of Representatives and 23 votes in the West Virginia State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
The West Virginia Constitution has been amended at least 21 times. The first constitution was ratified in 1863 and the second in 1872. The 1863 constitution was drafted at a convention held in Wheeling between November 26, 1861, and February 18, 1862. The 1872 constitution was drafted at a convention held in Charleston between January 16, 1872, and April 9, 1872. The new constitution was approved by voters on August 22, 1872, and replaced the 1863 constitution.
The Death Penalty and the Constitution
You may want to see also
Explore related products
![Constitution of West Virginia 1861 [Leather Bound]](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
Convention-referred amendment
The West Virginia Constitution can be modified through constitutional conventions and legislatively referred constitutional amendments. West Virginia, like several other states, does not have the power of initiative for either initiated constitutional amendments or initiated state statutes.
A convention-referred constitutional amendment is one of the two methods to amend the West Virginia Constitution. According to Section 1 of Article XIV of the West Virginia Constitution, the state Legislature can vote to refer a constitutional convention question to voters. A simple majority vote is required in the Legislature. If a simple majority of voters approve the question, then the legislature needs to call for a convention during its next session.
The West Virginia Constitution has been amended at least 21 times. The first constitution was ratified in 1863 and the second in 1872. The 1863 constitution was drafted at a convention held in Wheeling between November 26, 1861, and February 18, 1862. The delegates relied heavily on the Virginia Constitution of 1851 but made several significant reforms to address inequities that had long provoked Western Virginians. The new constitution provided for equal apportionment based on population, included no property qualifications for voting, required that all property be taxed equally at face value, and required the legislature to establish a system of public schools "as soon as practicable". The 1863 constitution was short-lived due to the adoption of loyalty requirements and provisions that severely limited the ability of former Confederates to vote, hold office, and use the courts after the Civil War ended in 1865.
In 1871, voters approved a constitutional amendment eliminating the loyalty requirement for voting and a call for a new constitutional convention. The convention began in Charleston in January 1872 and resulted in a new constitution that reorganized elements of the state government and lengthened executive terms. The new constitution was approved by voters on August 22, 1872, replacing the 1863 constitution.
In 1964, the Legislature enacted a law authorizing the election of delegates to a constitutional convention, but the movement stalled due to legal challenges and subsequent amendments in the late 1960s and early 1970s that modernized state government.
The Constitution: Amendments' Challenge by Congress
You may want to see also
Legislative referred amendment
The West Virginia Constitution can be modified through constitutional conventions and legislatively referred constitutional amendments. West Virginia does not have the power of initiative for either initiated constitutional amendments or initiated state statutes.
Legislatively referred constitutional amendments can be proposed to the voters if approved by a simple majority of both chambers of the state legislature. A two-thirds vote is required during a legislative session 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, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
The West Virginia Constitution has been amended at least 21 times. The first constitution was ratified in 1863 and the second in 1872. The 1863 constitution was drafted at a convention held in Wheeling between November 26, 1861, and February 18, 1862. The delegates relied heavily on the Virginia Constitution of 1851 but made several significant reforms to address inequities that had long provoked Western Virginians. The new constitution provided for equal apportionment based on population, included no property qualifications for voting, required that all property be taxed equally at face value, required the legislature to establish a system of public schools "as soon as practicable", and barred the state and local governments from borrowing money.
In 1871, voters approved a constitutional amendment eliminating the loyalty requirement for voting and a call for a new constitutional convention. The convention began in Charleston in January 1872, and the delegates drafted a new constitution with some revisions, including reorganizing elements of the state government and lengthening executive terms. The new constitution was approved by voters on August 22, 1872, and replaced the 1863 constitution.
Since then, there have been several major amendments to the West Virginia Constitution, including the Modern Budget Amendment of 1968, the Legislative Improvement Amendment in 1970, and the Judicial Reorganization Amendment in 1974.
Understanding the Twelfth Amendment: Electoral College Changes
You may want to see also
Frequently asked questions
The current West Virginia Constitution has been amended at least 21 times. The state has had two constitutions, the first was ratified in 1863 and the second in 1872.
The West Virginia Constitution can be modified through constitutional conventions and legislatively referred constitutional amendments. A two-thirds vote is required during a legislative session for the West Virginia State Legislature to place a constitutional amendment on the ballot.
In 2022, four proposed amendments were put forward, including one that would have removed the court's ability to intervene in any impeachment proceeding or judgment. Another proposed amendment would have added machinery, inventory, and other tangible business property to the list of exemptions from taxation.
