Omar Bennett
The Virginia Constitution, which was last revised in 1971, establishes a government with three branches: the legislative, executive, and judicial. The legislative branch is bicameral, consisting of the Senate of Virginia and the House of Delegates. The executive branch is led by the governor, lieutenant governor, and attorney general, who are tasked with implementing policies passed by the legislative branch. The judicial branch, which includes the Supreme Court of Virginia and subordinate courts, is responsible for interpreting the laws that establish policy.
| Characteristics | Values |
|---|---|
| Number of branches | Three |
| Branches | Legislative, Executive, Judicial |
| Legislative Branch | Consists of the Senate and the House of Delegates |
| Senate: 33-40 members | |
| House of Delegates: 90-100 members | |
| Members of the General Assembly are elected by qualified voters within their respective districts | |
| Members may not hold any other public office during their term | |
| Terms of office: 4 years for members of the Senate, 2 years for members of the House of Delegates | |
| Executive Branch | Led by three statewide elected officials: Governor, Lieutenant Governor, and Attorney General |
| Judicial Branch | Consists of lower courts, courts of appeal, and the Supreme Court of Virginia |
| The judiciary is headed by the Chief Justice of the Supreme Court, with various other administrative bodies |
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What You'll Learn
The legislative branch
The Virginia Plan proposed that the members of the first branch of the national Legislature ought to be elected by the people of the several states for a term of three years. They would receive fixed stipends as compensation for their time in public service, paid out of the National Treasury. These members would be ineligible for any Office established by a particular State or under the authority of the United States during their term of service and for one year after its expiration.
The Virginia Plan also proposed that the members of the second branch of the national Legislature ought to be chosen by the individual Legislatures. They were to be at least thirty years old and hold their offices for a term of seven years to ensure their independence.
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The executive branch
The Governor of Virginia is the head of the executive branch and is responsible for the overall administration of the state. The Governor is also the commander-in-chief of the state's military forces and is in charge of public safety and emergency management. The Lieutenant Governor supports the Governor and assumes the role of Governor if the latter is unable to serve. The Attorney General is the state's chief legal officer and is responsible for representing the state in legal matters and providing legal advice to the state government.
In addition to the three statewide elected officials, the executive branch also includes various departments and agencies that carry out the day-to-day functions of the state government. These include departments such as education, transportation, health, and environmental quality, among others. The heads of these departments are typically appointed by the Governor and are responsible for implementing the policies and programs within their respective areas.
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The judicial branch
The Virginia Constitution, drafted in 1787 by James Madison and presented by Edmund Randolph, proposed a strong central government composed of three branches: the legislative, executive, and judicial. This plan, known as the Virginia Plan, outlined what would become the US Constitution, with a national government consisting of three branches and checks and balances to prevent the abuse of power.
The General Assembly, which is the legislative branch of Virginia's government, has the power to increase or decrease the number of justices on the Court, provided that there are no fewer than seven and no more than eleven justices. The General Assembly can also provide for additional judicial personnel, such as judges of courts not of record, magistrates, or justices of the peace, and can prescribe their jurisdiction and the manner in which they are selected and the terms for which they serve.
The Chief Justice of the Supreme Court is the administrative head of the judicial system and is selected from among the justices in a manner provided by law. All justices of the Supreme Court and judges of other courts of record are commissioned by the Governor and receive salaries and allowances prescribed by the General Assembly.
The last significant revision to the Constitution of Virginia was approved by voters in 1971, and minor changes (amendments) have been adopted since then. Amendments to the Constitution may be proposed by either the General Assembly or a constitutional convention established by the General Assembly.
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The Virginia Plan
The plan went through several revisions before its finalization, and no copies of the original manuscript survive. However, amended versions from partway through the convention exist, reflecting the incorporation of debates and agreements between delegates. The Virginia Plan faced opposition from smaller states, which preferred alternatives guaranteeing equal representation for each state. In response to this, the New Jersey Plan was proposed, advocating for a single legislative body.
After much debate and compromise, the Virginia Plan eventually became the foundation of the United States Constitution, shaping the overall agenda for the 1787 Constitutional Convention and influencing the creation of a strong national government with a system of checks and balances.
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The Virginia Constitution
The legislative branch of Virginia's government consists of the Senate of Virginia and the House of Delegates, which together form the General Assembly. The Senate comprises 33 to 40 members, while the House of Delegates includes 90 to 100 members. All members of the General Assembly are elected by qualified voters within their respective districts and are prohibited from holding any other public office during their term. The legislature meets annually, with sessions lasting 60 days in even-numbered years and 30 days in odd-numbered years, with the option to extend.
The executive branch is responsible for implementing the policies passed by the legislative branch. It is led by three statewide elected officials: the Governor, Lieutenant Governor, and Attorney General.
The judicial branch is responsible for interpreting the laws and establishing policy. It consists of the Supreme Court of Virginia, the Court of Appeals, the Circuit Courts, and the General District Courts. The administration of the judiciary is headed by the chief justice of the Supreme Court, the Judicial Council, the Committee on District Courts, and the Judicial Conferences, among others.
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Frequently asked questions
The Virginia Constitution, like the US Constitution, divides the state government into three branches: the legislative, executive, and judicial.
The legislative branch is bicameral, consisting of the Senate and the House of Delegates. It is responsible for enacting legislation.
The executive branch is led by three statewide elected officials: the governor, lieutenant governor, and attorney general. It is tasked with implementing the policies passed by the legislative branch.
The judicial branch consists of the lower courts, courts of appeal, and the Supreme Court of Virginia. This branch interprets the laws that establish policy.
