Virginia's Constitutions: A Historical Timeline

Virginia has had six official constitutions, with the original enacted in 1776. The subsequent five revisions were in 1830, 1851, 1870, 1902, and 1971. The 1971 constitution is the most recent official version, though there have been amendments as recently as 2019. The constitutions have been part of and in reaction to periods of major social and political upheaval in Virginia. For example, the 1902 constitution disenfranchised African Americans, who made up 36% of the state's population at the time, and the 1971 constitution repudiated the white supremacist taint of 1902.

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The original Virginia Constitution of 1776

The Constitution of 1776 was drafted by a Convention of forty-five members of the colonial House of Burgesses, which met at Williamsburg from May 6 to July 5, 1776. On May 15, the elected delegates unanimously instructed Virginia's representatives in the Continental Congress to introduce a resolution of independence. On June 12, they unanimously adopted the Virginia Declaration of Rights, and on June 29, they unanimously adopted the state's first "Constitution or Form of Government." The Constitution of 1776 formally dissolved Virginia's allegiance to the British crown and accused King George III of tyranny.

The Constitution of 1776 established the powers of a governor, Council of State, and General Assembly independent of Great Britain. The legislative was to be formed of two distinct branches, which together would be a complete Legislature. They were to meet at least once a year and were to be called the General Assembly of Virginia. One of these branches was to be called the House of Delegates, consisting of two representatives to be chosen for each county. The Constitution of 1776 continued without change the colonial practice of allotting each county, regardless of size or population, two members in the House of Delegates, and it created the new twenty-four-member Senate of Virginia.

The Constitution of 1776 was also significant in that it established popular election for the governor, rather than election by the legislature. The document’s authors limited the executive branch and mostly left existing colonial judicial systems intact. The Constitution of 1830 did not significantly alter the manner in which government and politics functioned in Virginia from the manner in which they had functioned under the Constitution of 1776. The 1776 Constitution also included the essence of the 1786 Act for Establishing Religious Freedom in its body.

1830 Constitution expanded the electorate

The Constitution of Virginia has undergone several revisions since the original enactment in 1776. One of the significant changes came with the 1830 Constitution, which expanded the electorate and brought about a more structured organisation of the original constitution's provisions.

The 1830 Constitution was drafted by a constitutional convention that took place from October 5, 1829, through January 15, 1830, in Richmond. The main purpose of this convention was to address the power imbalance between the western and eastern regions of the state while safeguarding the rights of slaveholders. The electorate was expanded, albeit moderately, as the new constitution relaxed the property qualification for suffrage. This allowed adult white men who paid taxes to gain the right to vote, which was a notable shift in Virginia's political landscape.

The 1830 Constitution also made changes to the structure of the government. It introduced seven separate articles, each outlining the functions of distinct units within the government, including the legislature, executive branch, and judiciary. The State Senate, empowered to amend all laws passed by the House of Delegates except budgets, saw an expansion from 24 to 32 members, with the potential to grow to 36. The 1830 Constitution further allowed the State Senate to propose amendments to budget bills, marking an increase in their political power.

While the 1830 Constitution did bring about these important changes, it fell short of fully addressing the representation and political power demands of western residents. It would take another two decades before their calls for expanded democracy and reduced dominance of the Tidewater elite would be met. The 1851 Constitution brought about more significant changes in this regard, extending suffrage to all white males of voting age and establishing popular elections for the governor, lieutenant governor, and other officials.

1851 Constitution eliminated property requirement for voting

Virginia has had six official constitutions, with the original enacted in 1776, and subsequent revisions in 1830, 1851, 1864, 1870, and 1902. The 1851 Constitution is notable for eliminating the property requirement for voting, a significant change that extended suffrage to all white males of voting age.

Prior to 1851, Virginia had a property requirement for voting, which meant that only those who owned property could vote. This excluded a significant portion of the population, particularly small farmers, and those living in western Virginia, who were often unable to meet the property requirement. This requirement was a source of tension and led to calls for electoral reform, as many felt that the property requirement gave disproportionate power to the propertied whites in the eastern part of the state.

The 1851 Constitution addressed these tensions by eliminating the property requirement, thereby extending suffrage to all white males of voting age. This change was part of a broader set of reforms that included establishing popular elections for the governor, the newly created office of lieutenant governor, and all Virginia judges. The 1851 Constitution became known as the "Reform Constitution" due to these significant changes.

While the 1851 Constitution expanded suffrage for white males, it is important to note that it did not extend voting rights to women, African Americans, or other marginalized groups. The struggle for suffrage for these groups continued for many decades, with African Americans in Virginia regaining suffrage in the mid-1960s after the enactment of federal civil rights legislation.

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1902 Constitution disenfranchised African Americans

Virginia has had six official constitutions, with the original enacted on June 29, 1776, at the time of the Declaration of Independence. The constitutions of 1830, 1851, 1864, 1870, and 1902 were all part of and in reaction to periods of significant regional or social upheaval in Virginia.

The 1902 Constitution was enacted during a period of racial segregation in public facilities and restrictions on the lives of African Americans. By the end of the 19th century, six Southern states had effectively eliminated the black vote, and there was pressure from whites in Virginia to do the same. The 1901 constitutional convention focused on restricting African Americans' voting rights without violating the Fifteenth Amendment or disenfranchising poor whites.

The 1902 Constitution included provisions that disenfranchised African Americans, who made up around 36% of Virginia's population at the time. This was achieved through measures such as the poll tax, literacy tests, and residential requirements, which passed Supreme Court review but worked against poor African Americans and many poor whites. In the succeeding elections, the Virginia electorate was reduced by nearly half. African Americans did not regain suffrage until the enactment of federal civil rights legislation in the mid-1960s.

The 1902 Constitution also imposed racial segregation in public schools, which already existed on a de facto basis, and abolished the county court system. It should be noted that the 1901-1902 Constitutional Convention did not include any African Americans, and many of the gains made by African Americans in previous years were undone.

1971 Constitution forbids government discrimination

Virginia has had six official constitutions, with the latest enacted in 1971. This was introduced to replace the Constitution of 1902, which reflected institutionalised segregation, restricted voting rights, and maintained racial and gender inequality. The 1971 Constitution was part of a nationwide wave of constitutional reform spurred by the civil rights movement.

The 1971 Constitution forbids government discrimination based on religious conviction, race, colour, sex, or national origin. This is outlined in Section 11 of the Bill of Rights, which reads:

> "That no person shall be deprived of his life, liberty, or property without due process of law; that the General Assembly shall not pass any law impairing the obligation of contracts, nor any law whereby private property shall be taken or damaged for public uses, without just compensation, the term 'public uses' to be defined by the General Assembly; and that the right to be free from any governmental discrimination upon the basis of religious conviction, race, colour, sex, or national origin shall not be abridged, except that the mere separation of the sexes shall not be considered discrimination."

The prohibition on sexual discrimination was proposed by Delegate Dorothy McDiarmid, who persuaded the relevant committees of both houses to include it. The 1971 Constitution also included provisions for the expansion of voting rights, the evolution of the Virginia public education system, and the social equity promised to the people of Virginia.

The 1971 Constitution was approved by 71.8% of voters in Virginia and went into effect on July 1, 1971. It has since been amended 54 times.

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