Jonah Patel
The Constitution of Virginia, created in 1776, was the first state constitution in the US. It was drafted by George Mason and James Madison and was widely influential both in the US and abroad. The document defined and limited the powers of the state government and the basic rights of the citizens of the Commonwealth of Virginia. It also served as a blueprint for state-building, emphasising written rights declarations and legislative dominance. The Virginia Constitution has been revised several times, with the current version being ratified in 1971.
| Characteristics | Values |
|---|---|
| Date of creation | 1776 |
| Key figures involved | George Mason, James Madison, Thomas Jefferson |
| Purpose | To define and limit the powers of the state government and the basic rights of the citizens of the Commonwealth of Virginia |
| Influence | The document was widely influential in the US and abroad, including on the US Constitution and France's Declaration of Rights of Man and the Citizen (1789) |
| Subsequent revisions | Six major revisions: 1830, 1851, 1864, 1870, 1902, and by commission for 1971 amendments |
| Voting rights | Initially restricted voting rights to white males; the 1870 revision expanded voting rights to men of all races |
| Education | Introduced compulsory education as a constitutionally protected right |
| Equality | Prohibited governmental discrimination on the basis of religious conviction, race, colour, sex, or national origin |
| Amendments | The current version has 22 articles, with amendments including the creation of a veto session (1980), a rainy day fund (1992), and a bipartisan redistricting commission (2020) |
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What You'll Learn
The Virginia Declaration of Rights
The Declaration advocated for religious freedom, but it did not offer protection to dissenters from the Anglican Church, which remained Virginia's established religion. Notably, the Declaration was also silent on the issue of slavery, effectively leaving the institution untouched. Despite these limitations, the Virginia Declaration of Rights was highly influential, both within the United States and abroad. It served as a blueprint for state-building and inspired other revolutionary governments, including France's Declaration of the Rights of Man and the Citizen in 1789.
The Virginia Constitution has undergone several revisions since its inception, with the current version being ratified in 1971. The Bill of Rights, which includes the principles outlined in the Virginia Declaration of Rights, has been preserved and incorporated into each subsequent version of the Virginia Constitution.
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The first state constitution
Virginia's first state constitution was created in 1776, at the time of the Declaration of Independence by the first thirteen states of the United States of America. It was the first state to adopt its own constitution, and it was highly influential both within the US and internationally.
The drafting of the first Virginia Constitution began in early 1776, during the American colonies' break with Britain. George Mason and James Madison were the key architects, although Thomas Jefferson also submitted a draft, which arrived too late to be considered. Madison's involvement in Virginia’s founding charter informed his subsequent work on the United States Constitution.
The Virginia Constitution of 1776 formally dissolved Virginia’s allegiance to the British crown and accused King George III of tyranny. It established a bicameral legislature, the General Assembly, and a weak executive branch, with a governor elected annually by the legislature. The constitution also included a Declaration of Rights, which served as a model for France’s Declaration of Rights of Man and the Citizen (1789). This Declaration of Rights emphasised written rights declarations and legislative dominance, and it remains etched in Virginia’s Bill of Rights today.
The Virginia Constitution has been revised six times, with additional adjustments along the way. The subsequent constitutions were adopted in 1830, 1851, 1864, 1870, 1902, and 1971. The current constitution, which includes a Bill of Rights, was amended in 1971 and ratified in 1997.
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Influences on the US Constitution
The US Constitution was influenced by several sources, one of which was the Virginia Constitution. Virginia was one of the first states to adopt its own constitution, which was enacted in 1776, the same year as the Declaration of Independence. The Virginia Constitution was widely influential both in the United States and abroad.
The Virginia Constitution was drafted by George Mason and James Madison, who would later help write the US Constitution. The Virginia Declaration of Rights, also drafted by Mason, was a model for France's Declaration of Rights of Man and the Citizen (1789). It emphasised written rights declarations and legislative dominance, creating a blueprint for state-building.
The Virginia Constitution's influence can be seen in the US Constitution's adoption of a bicameral legislature and a weak executive branch, with a governor elected annually by the legislature. The Virginia Constitution also included a bill of rights, which has been a feature of all subsequent versions. The US Constitution also adopted the idea of a republican form of government to support the civic rights and responsibilities outlined in the Virginia Declaration of Rights.
However, the Virginia Constitution had its limitations. It failed to address slavery, and its silence on the issue was seen as tacit approval. It also fell short in creating a truly balanced republican government, as later criticised by Thomas Jefferson. Despite these shortcomings, the Virginia Constitution played a significant role in shaping the US Constitution, and its influence extended beyond the founding of the nation.
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Subsequent revisions
The Virginia Constitution has been revised several times since its original enactment in 1776. The document, which was widely influential in the United States and abroad, has undergone six major subsequent revisions, in addition to frequent amendments.
The first major revision came in 1830, followed by further significant changes in 1851, 1864, 1870, and 1902. The 1902 Constitution was particularly notable for its efforts to disenfranchise African Americans, who made up a significant portion of the state's population. This version of the Constitution also included provisions mandating school segregation.
In response to the Civil Rights Movement and a series of US Supreme Court cases, such as Brown v. Board of Education in 1954, the 24th Amendment, the Civil Rights Act of 1964, and the Voting Rights Act of 1965, the most controversial aspects of the 1902 Constitution were overturned. These cases challenged the restrictions and discrimination faced by African Americans in exercising their constitutional rights. The election of Governor Mills Godwin in 1965 further spurred governmental change, as he advocated for looser restrictions on state-issued bonds and borrowing.
In 1968, Governor Godwin appointed the Commission on Constitutional Revision, which included prominent figures such as Lewis F. Powell, Jr., and Oliver W. Hill, Sr., a leading figure in Virginia's civil rights movement. The Commission presented its recommendations in 1969, and the proposed Constitution was approved by the voters of Virginia, including African American men and women, following the passage of federal civil rights legislation. The new Constitution took effect on July 1, 1971, and since then, additional amendments have been passed to conform to the US Constitution, Supreme Court rulings, and Congressional statutes.
The current Virginia Constitution, ratified in 1971, has been amended 53 times, covering a range of issues from tax exemptions and voting rules to budgeting and legislative calendars. These amendments have been proposed by constitutional conventions and become law upon approval by a majority of voters.
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Voting rights
The Virginia Declaration of Rights, written by George Mason and adopted by the Virginia Constitutional Convention on June 12, 1776, was the first Declaration of Rights in the United States. It was widely copied by other colonies and became the basis of the Bill of Rights. The Virginia Declaration of Rights outlines the rights of the people of Virginia and their posterity as the basis and foundation of government.
One of the fundamental rights articulated in the Virginia Declaration of Rights is the right of the people to choose their form of government. This is reflected in the following section on voting rights:
> "That elections of members to serve as representatives of the people, in assembly ought to be free; and that all men, having sufficient evidence of permanent common interest with, and attachment to, the community, have the right of suffrage and cannot be taxed or deprived of their property for public uses without their own consent or that of their representatives so elected, nor bound by any law to which they have not, in like manner, assented, for the public good. That all power of suspending laws, or the execution of laws, by any authority, without consent of the representatives of the people, is injurious to their rights and ought not to be exercised."
This section guarantees the right of suffrage for all men with a permanent common interest in the community and attachment to it. It also ensures that citizens cannot be taxed or deprived of their property for public uses without their consent or that of their elected representatives. Additionally, it emphasizes the importance of legislative consent in law-making and the execution of laws.
However, it is important to note that the Virginia Constitution and subsequent voting rights have undergone revisions over time. For example, the 1901-1902 Virginia Constitutional Convention aimed to circumvent the Fifteenth Amendment, which guaranteed voting rights to Black men. This convention required voters to prove their understanding of the state constitution and imposed a poll tax, which reduced voting among poor whites, Black men, and Republicans. These restrictive voting measures were officially abolished in the 1960s due to court rulings and federal legislation.
The Civil Rights Act of 1964 and the Voting Rights Act of 1965 played a significant role in expanding voting rights in Virginia, particularly for Black voters. The elimination of literacy tests and federal supervision of voter registration in areas with low voter turnout contributed to a significant increase in Black voter participation. This led to the election of numerous Black officials in Virginia, including mayors, members of the General Assembly, and eventually, the first Black governor elected in any state.
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Frequently asked questions
The Virginia Constitution of 1776.
George Mason and James Madison.
George Mason was the principal architect of the Virginia Declaration of Rights of 1776. He drew on social compact theory, the legacy of British constitutionalism, and the insights of his time.
The Virginia Constitution of 1776 defined and limited the powers of the state government and the basic rights of the citizens of the Commonwealth of Virginia. It formally dissolved Virginia's allegiance to the British crown and established a bicameral legislature, the General Assembly, and a weak executive branch with an annually elected governor.
The Virginia Constitution of 1776 was widely influential both in the United States and abroad. It served as a blueprint for state-building and influenced the US Constitution, with George Mason and James Madison bringing their ideas from the Virginia Constitution to help draft the US Constitution. The Virginia Declaration of Rights of 1776 also served as a model for France's Declaration of Rights of Man and the Citizen in 1789.
