Eleanor Finch
The Virginia Constitution has been amended 15 times since 2006, with voters approving the latest amendment on November 5, 2024. The state constitution outlines the framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. Amendments to the Virginia Constitution must begin as a resolution in the General Assembly, which consists of the Virginia State Senate and the Virginia House of Delegates. Once a resolution is approved by both legislative houses during two separate legislative sessions, it must be approved by a majority of voters. The Clerk of the House of Delegates is then directed to publish all proposed amendments and make them available for public inspection.
| Characteristics | Values |
|---|---|
| Number of amendments since 2006 | 15 |
| Last amended | November 5, 2024 |
| Method of amending | Legislative referral |
| Who proposes amendments | The General Assembly |
| Who approves amendments | Majority of voters |
| Who publishes proposed amendments | Clerk of the House of Delegates |
Explore related products
What You'll Learn
Voters approved amendments
The Constitution of Virginia allows amendments to edit the existing text of the Constitution. This means that amendments can be incorporated into the existing text, making it challenging to identify what has been changed and when.
Virginia uses the "legislative referral" method as its sole process for amending the state Constitution. Amendments must first be proposed as a resolution in the General Assembly and approved by a majority vote in both the state Senate and the House of Delegates during the same session. The resolution must then be reintroduced and approved by both houses in the session following a House of Delegates election. This ensures that amendments can only appear on the general election ballot in even years.
Once an amendment passes this second legislative hurdle, it must be submitted to the voters. If a majority of voters approve the amendment, it becomes part of the Constitution on a date prescribed by the General Assembly.
Voters in Virginia have approved numerous amendments to the state Constitution over the years. For example, in 2001, an amendment was added to establish hunting and fishing as constitutional rights of Virginians, with the legislature retaining the ability to enact regulations and restrictions on these rights. More recently, on November 5, 2024, voters approved a constitutional amendment, though the specifics of this amendment are unclear.
Other proposed amendments that may have been put to a vote include those related to personal property tax exemptions for motor vehicles owned by disabled veterans and surviving spouses of soldiers who died in the line of duty. These amendments appear to be aimed at providing tax relief to specific groups.
Constitutional Amendments: Birth Rights and Citizenship
You may want to see also
The General Assembly
Any proposed amendment must first be passed as a resolution by a majority vote in both the state Senate and the House of Delegates during the same session. The resolution must then be passed again by both houses in the session immediately following a House of Delegates election.
Once the resolution has been approved by both legislative houses in two separate sessions, the proposed amendment must be submitted to the voters. If a majority of voters approve the amendment, it becomes part of the Constitution on a date prescribed by the General Assembly.
Compromise Amendments: Changing the Constitution
You may want to see also
Governor Byrd's influence
Harry Byrd, elected as governor of Virginia in 1925, led a political organization that controlled Virginia politics for 50 years. His influence was such that his "nod" was considered essential before a candidate could expect to win a race for governor. Byrd's ability to shape the political landscape across the state was based on the fact that it required very few votes to win a contest in Virginia. The 1902 Constitution had disenfranchised most Black and poor white voters by requiring voters to pay the poll tax before they could cast a ballot.
Byrd sought to make the state government efficient and responsive by granting the governor the ability to manage state agencies directly and holding the governor responsible. He used the amendment process to alter the state constitution without a convention. He changed the structure of Virginia's state government through constitutional amendments adopted in 1928, to streamline operations and use tax dollars more effectively. He shortened the ballot, centralizing power under the governor and eliminating separately-elected heads of executive branch agencies. By reducing the number of statewide contests, he reduced the potential of others to develop a political base that might rival the "Byrd organization".
Byrd also appointed seven members to a committee tasked with preparing constitutional amendments. The commission became known as the Prentis Commission. He also organized a Citizens' Committee on Consolidation and Simplification in Government, known as the Reed Commission. The Reed Commission generated political support for Byrd's plans. It reviewed the recommendations from the New York Bureau of Municipal Research and packaged them to be more politically acceptable.
The "Short Ballot" amendment left the Governor, Lieutenant Governor, and Attorney General as offices elected in statewide votes, but eliminated statewide elections for several other positions. Making those positions into appointed offices simplified elections, but Byrd's primary objective was to increase the capacity of the governor to manage state agencies efficiently and reduce costs.
FDR's Four Terms: The 22nd Amendment
You may want to see also
Explore related products
The Prentis Commission
The process for amending the Virginia Constitution is outlined in Article XII, which is dedicated to future changes. Per Article XII, Section 1, amendments must first be agreed upon by a majority of all members elected to each house of the General Assembly. The General Assembly is the legislative body of the state of Virginia, consisting of the Virginia State Senate and the Virginia House of Delegates. Once an amendment is approved by a majority in both houses, it is submitted to the qualified voters for approval in an election. If a majority of voters approve the amendment, it becomes part of the Constitution on a date prescribed by the General Assembly.
Section 30-13 of the Code of Virginia outlines specific requirements for publishing and posting proposed amendments. It directs the Clerk of the House of Delegates to publish all proposed amendments and requires the clerk of the circuit court of each city and county to post a copy of each amendment at the front door of the courthouse, making a second copy available for citizen inspection. Additionally, § 1-211.1 allows the clerk to satisfy the posting requirement by posting the document on the public government website of the locality served by the court or the website of the circuit court clerk.
The Tenth Amendment: States' Rights and the US Constitution
You may want to see also
The 1928 Constitution
The Constitution of Virginia is a document that outlines the Commonwealth of Virginia's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. The original Virginia Constitution was enacted in 1776, alongside the Declaration of Independence, by the first thirteen states of the United States of America.
The 1928 amendments included the "Segregation Resolution," which dealt with taxes and was used to prevent state taxes on property. This ensured that local governments had complete control over that revenue source, reducing the chances of future legislation using taxes from rural farms to fund improvements in urban areas. The 1928 Constitution also included measures to prevent Black Virginians from voting, further entrenching segregation in Virginia institutions.
Women's Suffrage: Constitutional Amendment for Voting Rights
You may want to see also
Frequently asked questions
Amendments to the Virginia Constitution must begin as a resolution in the General Assembly.
The proposal must be approved by a majority vote by both the state Senate and the House of Delegates during the same session.
The resolution must be introduced again and approved by both houses in the session immediately following a House of Delegates election.
The proposed amendment is submitted to the voters qualified to vote in elections by the people. If a majority of those voting vote in favor of the amendment, it becomes part of the Constitution.
