Omar Bennett
The Virginia Constitution, which was first enacted in 1776, has been amended several times since 2006. Amendments to the state's constitution can be proposed by a constitutional convention or by the General Assembly. A constitutional convention can be called by a two-thirds vote of both Virginia houses. The General Assembly is the state's legislature, consisting of the Virginia State Senate and the Virginia House of Delegates. A simple majority vote is required during two successive legislative sessions for the Virginia General Assembly to place a constitutional amendment on the ballot.
| Characteristics | Values |
|---|---|
| Who can propose an amendment | The General Assembly |
| What is required to propose an amendment | A simple majority vote during two successive legislative sessions |
| What happens after the proposal | The proposed amendment is placed on the ballot and becomes part of the Constitution if approved by a majority of voters |
| What is another way to propose an amendment? | A two-thirds vote of both Virginia houses may call for the creation of a constitutional convention |
| What happens to the proposed amendment in a constitutional convention? | Any revisions or amendments are presented to the citizens of Virginia and become law upon approval by a majority of voters |
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What You'll Learn
The Virginia General Assembly
The Virginia Constitution outlines the framework for governance in the state, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. The Virginia General Assembly plays a crucial role in proposing and enacting amendments to this constitution.
To become an official part of the amendment process, a resolution must be approved by a majority vote in both the State Senate and the House of Delegates. This means a minimum of 51 votes in the House of Delegates and 21 votes in the State Senate, assuming no vacancies. After this first approval, the resolution must be reintroduced and approved by both houses again in the session immediately following a House of Delegates election. This process ensures that amendments can only appear on the general election ballot in even-numbered years.
Once a resolution has passed through both houses twice, it is then the duty of the Virginia General Assembly to submit the proposed amendment to the voters. If a majority of qualified voters cast their ballots in favour of the amendment, it becomes an official part of the Virginia Constitution on the date prescribed by the General Assembly. This process demonstrates the crucial role of the Virginia General Assembly in shaping the state's constitution by initiating and facilitating constitutional amendments.
In addition to proposing amendments, the Virginia General Assembly also has the authority to enter into public-private partnerships or partnerships with federal agencies to further the policies outlined in the constitution. For example, Article XI of the Virginia Constitution, entitled "Conservation," permits the General Assembly to collaborate with external entities to preserve, protect, and conserve the state's natural and historic resources.
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The Governor of Virginia
The Virginia Constitution can only be amended through the ""legislative referral" method, where amendments must start as a resolution in the General Assembly. The General Assembly is the legislative branch of Virginia's state government, consisting of the Virginia State Senate and the Virginia House of Delegates. While the Governor is not directly involved in proposing amendments, they have a duty to ensure that the laws are faithfully executed.
Once a resolution is approved by both the State Senate and the House of Delegates during two separate legislative sessions, the amendment process moves forward. The Governor of Virginia has the power to veto any particular item or items of an appropriation bill. However, their veto power does not affect items to which they do not object. The names of the members voting for and against the bill, as well as any amendments or items of an appropriation bill, are recorded in the journal of each house.
The Governor can also offer amendments to bills, but they are limited to only one set of amendments per bill. The General Assembly can choose to accept or reject these amendments. If the Governor's amendments are not accepted, the General Assembly can propose its own amendments. Additionally, the Governor can require information and reports from any officer of any executive or administrative department, office, or agency, allowing them to stay informed and potentially influence policy decisions that could lead to future amendments.
While the Governor's role in proposing amendments is limited, they are still an essential part of the amendment process, as their approval and signature are often required for bills to become law. The Governor's power to veto and offer amendments provides a check and balance in the legislative process, ensuring that amendments to the Virginia Constitution are thoroughly considered and approved by the state's chief executive.
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The State Senate and House of Delegates
The Virginia Constitution outlines the framework for governance in the state, including the powers, structure, and limitations of the state government, as well as individual and civil rights. Amendments to this constitution can be proposed by the State Senate and the House of Delegates, which together make up the Virginia General Assembly.
The General Assembly is the legislative branch of Virginia's government, and it has the power to propose amendments to the state's constitution. Any proposed amendment must be approved by a simple majority vote in both the State Senate and the House of Delegates during the same session, which amounts to a minimum of 51 votes in the House of Delegates and 21 votes in the State Senate. This is known as the "first resolution" or "first reference".
The resolution must then be introduced again during the next session, which is referred to as the "second resolution" or "second reference", and it must once again be approved by a majority in both houses. This second session must immediately follow a House of Delegates election. This process ensures that amendments can only appear on the general election ballot in even-numbered years.
Once an amendment has been approved by both legislative houses during these two separate sessions, it must then be approved by a majority of voters in Virginia. The proposed amendment is placed on the general ballot and becomes part of the Constitution if a majority of voters approve it.
It is important to note that amendments do not require the governor's signature to be referred to the ballot. Additionally, the Virginia Constitution allows for amendments to edit the existing text of the Constitution, which can make it challenging to identify and track changes.
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Constitutional convention
The Constitution of the Commonwealth of Virginia is the document that outlines the state's framework for governance, including the powers, structure, and limitations of the state government, and the basic rights of Virginia citizens. It is the fundamental document of the state, and like all other state constitutions, it is supreme over Virginia's laws and acts of government, although it may be superseded by the United States Constitution and federal law.
The Virginia Constitution has been amended 15 times since 2006, with the last amendment approved by voters on November 5, 2024. Amendments to the Virginia Constitution can be proposed by a constitutional convention, which can be called by a two-thirds vote of both houses of the Virginia legislature. This convention-referred method of amending the constitution is established in Section 2 of Article XII.
A constitutional convention is a gathering of elected delegates who propose revisions or amendments to the constitution. In the case of Virginia, the convention would propose changes to the state constitution, which would then be presented to the citizens of Virginia and become law upon approval by a majority of voters.
The Virginia Constitution has a long history of amendments and revisions, with six major overhauls since its original enactment in 1776. These revisions took place in 1830, 1851, 1864, 1870, 1902, and 1971. The 1971 revision was drafted by the Commission on Constitutional Revision, which presented its proposed constitution to Governor Godwin and the General Assembly in January 1969. This revision was approved by Virginia voters and took effect on July 1, 1971. Since then, additional amendments have been passed by the General Assembly and approved by voters to conform to provisions in the U.S. Constitution, Supreme Court rulings, and Congressional statutes.
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Voters
The Virginia Constitution outlines the framework for governance in the state, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. It is the fundamental document that defines and limits the powers of the state government and the basic rights of Virginia citizens.
The process of amending the Virginia Constitution involves several steps and requires approval by a majority of voters. Firstly, a resolution must be introduced and approved by a majority vote in both the state Senate and the House of Delegates during the same session. This is known as the "first resolution" or "first reference". Subsequently, the resolution must be reintroduced and approved by both houses in the session immediately following a House of Delegates election, which is referred to as the "second resolution" or "second reference". This process ensures that amendments can only appear on the general election ballot in even-numbered years.
Once a resolution has passed both legislative houses during two separate legislative sessions, the proposed amendment is placed on the ballot for voter consideration. This requires a simple majority vote, which means at least 51 votes in the Virginia House of Delegates and 21 votes in the Virginia State Senate, assuming no vacancies. It is important to note that amendments do not require the governor's signature to be referred to the ballot.
After an amendment has been approved by a majority of voters, it becomes part of the Virginia Constitution on the date prescribed by the General Assembly. The Virginia Constitution has been amended numerous times throughout history, with voters most recently approving an amendment on November 5, 2024.
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Frequently asked questions
Amendments to the Virginia Constitution can be proposed by a constitutional convention or by a resolution in the General Assembly.
The General Assembly is the Virginia State Senate and the Virginia House of Delegates.
A constitutional convention can be called by a two-thirds vote of both Virginia houses. Any revisions or amendments proposed by the constitutional convention are presented to the citizens of Virginia and become law upon approval by a majority of voters.
