Jonah Patel
The Constitution of Virginia was first written in 1776, at the time of the Declaration of Independence by the first thirteen states of the United States of America. The document was enacted on June 29, 1776, and established the powers of a governor, Council of State, and General Assembly independent of Great Britain. The constitution has been revised several times, with six major subsequent revisions in 1830, 1851, 1864, 1870, 1902, and 1971. The current Virginia Constitution has been amended 15 times since 2006.
| Characteristics | Values |
|---|---|
| Date written | June 29, 1776 |
| Written by | George Mason, James Madison, Thomas Jefferson |
| Purpose | To declare the dissolution of the rule of Great Britain over Virginia |
| Purpose | To establish separation of governmental powers |
| Purpose | To establish the basic rights of the citizens of the Commonwealth of Virginia |
| Number of state constitutions | 6 |
| Number of amendments to the current constitution | 15 |
| Last amendment | November 5, 2024 |
| Number of articles | 12 |
| Number of sections in Article I | 17 |
| Number of sections in Article II | 9 |
| Number of sections in Article IV | 18 |
| Number of sections in Article V | 17 |
| Number of sections in Article VI | 1 |
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What You'll Learn
The 1776 Constitution
The accompanying Virginia Declaration of Rights, primarily written by George Mason, focused on guarantees of basic human rights and freedoms, and the fundamental purpose of government. It served as a model for several other historic documents, including the United States Bill of Rights and France's Declaration of Rights of Man and the Citizen. Notably, the 1776 Constitution limited the right to vote primarily to property owners and wealthy men, concentrating power in the hands of landowners and the aristocracy of Southeastern Virginia.
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Separation of powers
The Virginia Constitution of 1776 was enacted at the time of the Declaration of Independence by the original thirteen states of the United States of America. It established the separation of governmental powers, creating the bicameral Virginia General Assembly as the legislative body of the state, and the Governor of Virginia as the "chief magistrate" or executive.
The Virginia Constitution of 1776 was the first state constitution, and it described how a new form of government would replace colonial authority and eliminate the role of a monarch. It was widely influential both in the United States and abroad, serving as a model for a number of other historic documents, including the United States Bill of Rights and France's Declaration of Rights of Man and the Citizen (1789).
The 1776 Constitution's accompanying Virginia Declaration of Rights, written primarily by George Mason, focused on guarantees of basic human rights and freedoms and the fundamental purpose of government. It included the right to due process, the prohibition against double jeopardy, and the right to bear arms. The Virginia Declaration of Rights was incorporated into each subsequent version of the Virginia Constitution.
The Virginia Constitution has been revised several times since 1776, with six major overhauls in 1830, 1851, 1864, 1870, 1902, and 1971. The current Virginia Constitution, adopted in 1971, has been amended 15 times since 2006.
The separation of powers established by the 1776 Constitution helped to ensure that no single branch of government would have too much power, and that the rights and freedoms of the people of Virginia would be protected. This principle of separation of powers continues to be a fundamental aspect of the Virginia Constitution and the state's governance.
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Voting rights
The 1776 Constitution of Virginia limited the right to vote primarily to property owners and wealthy men. This effectively meant that power was concentrated in the hands of landowners and the aristocracy of Southeastern Virginia.
In the late 19th and early 20th centuries, Southern states began to ratify new constitutions, amendments, or electoral laws that disenfranchised African American voters. Beginning with Mississippi in 1890, these new measures included poll taxes, literacy tests, and residential requirements that passed Supreme Court review but worked against poor African Americans and many poor whites. By the turn of the 20th century, six Southern states had effectively eliminated the black vote, and Virginia followed suit with its 1901-02 Constitution. This new constitution required voters to prove their understanding of the state constitution and imposed a $1.50 poll tax to be paid annually by registered voters. The white-majority General Assembly appointed all election registrars, who administered a deliberately complicated registration process. These measures dramatically reduced voting by poor whites, Black men, and Republicans.
In the mid-20th century, the Civil Rights Movement challenged the restrictions and discrimination practiced against African Americans in Virginia and other Southern states. A series of US Supreme Court cases, beginning with Brown v. Board of Education in 1954, the 24th Amendment, and federal legislation: the Civil Rights Act of 1964 and the Voting Rights Act of 1965, overturned the most controversial aspects of the 1902 Virginia Constitution, including provisions restricting voting by African Americans and mandating school segregation.
The Commission on Constitutional Revision presented its final report and recommendations to Governor Godwin and the General Assembly in January 1969. The proposed Constitution was approved by the voters of Virginia and took effect on July 1, 1971. Since then, additional amendments have been passed by the General Assembly and approved by the voters to conform to provisions in the U.S. Constitution, rulings from the U.S. Supreme Court, and Congressional statute. These amendments have reduced the voting age to 18, removed voting residency requirements, and improved voter registration processes.
The influx of Black voters in Virginia helped propel the Democratic Party toward more progressive policies, while also convincing many white voters to join the Republican Party, which moved toward more conservative policy positions. The results of enlarging the franchise were immediate, and Virginia soon saw an increase in elected Black officials. In 1967, Dr. William F. Reid became the first Black delegate in the General Assembly in 82 years. In 1973, Hermanze E. Fauntleroy, Jr. became Virginia’s first Black mayor, and by 1977, Black members made up a majority of Richmond's city council. In 1989, L. Douglas Wilder became the first Black governor elected in any state, and in 1992, Robert Cortez Scott became the first Black member of Congress elected from Virginia since 1888.
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The 1902 Constitution
Despite this dark legacy, the convention did enact some genuine reforms, including a commission to regulate the railroads, provisions regarding workmen's compensation, and a State Corporation Commission that addressed issues of industrialization and helped create a certain degree of economic stability within Virginia.
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The 1971 Constitution
Additionally, the 1971 Constitution required approximate equality of population in all legislative and congressional districts, empowering the assembly to reform the state's court system. It also provided some protection for Virginia's natural resources, adding an article on conservation. The length of the 1971 Constitution was significantly reduced compared to the 1902 version, omitting legislative and obsolete provisions, such as the requirement for a poll tax as a prerequisite for voting and the mandate for racial segregation in public schools.
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Frequently asked questions
The Constitution of Virginia was written in 1776.
The Constitution of Virginia is the document that defines and limits the powers of the state government and the basic rights of the citizens of the Commonwealth of Virginia.
The 1776 Constitution of Virginia declared the dissolution of the rule of Great Britain over Virginia and established the separation of governmental powers. It also limited the right to vote primarily to property owners and men of wealth.
Yes, the Constitution of Virginia has been revised several times. There have been six major subsequent revisions of the constitution, in 1830, 1851, 1864, 1870, 1902, and 1971.
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