Simone Lawson
The Constitution of Virginia, which first came into effect in 1776, has been amended several times since its ratification in 1971. The state of Virginia has played a significant role in shaping the United States Constitution, becoming the tenth state to ratify it in 1788. Virginia's unique constitutional status allows amendments to the existing text, and these changes are proposed through the 'legislative referral method, beginning as resolutions in the General Assembly and requiring approval from both legislative houses and a majority of voters. The most recent amendment to the Virginia Constitution occurred in 2019, and the process ensures that amendments are only presented to voters during general elections in even-numbered years.
| Characteristics | Values |
|---|---|
| Who ratifies amendments to the Virginia Constitution | The voters of Virginia |
| How are amendments ratified? | By a majority vote |
| Who proposes amendments? | The General Assembly |
| How often is the Virginia Constitution amended? | Frequently |
| How many times has the Virginia Constitution been revised? | 5 times (in 1830, 1851, 1870, 1902, and 1971) |
| When was the Virginia Constitution first enacted? | 1776 |
| When was the Virginia Constitution last amended? | 2019 |
| When did Virginia ratify the US Constitution? | June 25, 1788 |
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What You'll Learn
- Amendments must begin as a resolution in the General Assembly
- The resolution must be approved by both houses in two separate sessions
- Amendments are then submitted to Virginia voters for approval
- A majority vote in favour of an amendment is required for it to become part of the Constitution
- Virginia's Constitution has been revised five times
Amendments must begin as a resolution in the General Assembly
The Constitution of Virginia defines and limits the powers of the state government and the basic rights of its citizens. Virginia's Constitution was first enacted in 1776 and has been revised five times since then (in 1830, 1851, 1870, 1902, and 1971). The current Constitution was ratified in 1971 and most recently amended in 2019. Changes to the Constitution may occur pursuant to Article XII by amendment or constitutional convention and, in either case, shall be submitted to the voters for approval.
Virginia uses the "legislative referral" method as its sole avenue of amending the state Constitution. This means that amendments must begin as a resolution in the General Assembly. A resolution (the "first resolution" or "first reference") 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 (the "second resolution" or "second reference") and approved by both houses in the session immediately following a House of Delegates election. For example, any resolution passed by the legislature in either the 2020 or 2021 session must be passed a second time in the 2022 session, as it immediately follows the 2021 election where delegates were elected.
Once the resolution is approved by both legislative houses during two separate legislative sessions, the amendment must be approved by a majority of voters. If a majority of those voting vote in favor of any amendment, it shall become part of the Constitution on the date prescribed by the General Assembly in submitting the amendment to the voters.
Alternatively, a two-thirds vote of both Virginia houses may call for the creation of a constitutional convention. 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.
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The resolution must be approved by both houses in two separate sessions
The Constitution of Virginia, first enacted in 1776, has been amended several times. The state of Virginia ratified the United States Constitution in 1788, becoming the tenth state to do so. The current Constitution of Virginia was ratified in 1971 and was last amended in 2019. Virginia uses the "legislative referral" method as its sole procedure for amending the state Constitution.
Amendments must start as a resolution in the General Assembly. The resolution must be approved by a majority vote in both the state Senate and the House of Delegates during the same session. This is referred to as the "first resolution" or "first reference." The resolution must then be introduced again and approved by both houses in the session immediately following a House of Delegates election. This is known as the "second resolution" or "second reference."
For instance, any resolution passed by the legislature in 2020 or 2021 must be passed a second time in 2022, as it immediately follows the 2021 election when Delegates were elected. This process ensures that amendments can only appear on the general election ballot in even years. Once the resolution has been approved by both legislative houses in two separate sessions, it must be approved by a majority of voters to become part of the Constitution.
It is important to note that Virginia's Constitution can also be amended through a constitutional convention. A two-thirds vote of both Virginia houses can call for the creation of such a convention. Any amendments or revisions proposed by the constitutional convention are presented to the citizens of Virginia and become law upon approval by a majority of voters.
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Amendments are then submitted to Virginia voters for approval
The Constitution of Virginia defines and limits the powers of the state government and the basic rights of its citizens. Virginia's Constitution was first enacted in 1776 and has been revised five times since then (in 1830, 1851, 1870, 1902, and 1971). The current Constitution was ratified in 1971 and most recently amended in 2019. Changes to the Constitution may occur pursuant to Article XII by amendment or constitutional convention and, in either case, shall be submitted to the voters for approval.
A resolution (the "first resolution" or "first reference") 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 (the "second resolution" or "second reference") and approved by both houses in the session immediately following a House of Delegates election. For example, any resolution passed by the legislature in either the 2020 or 2021 session must be passed a second time in the 2022 session, as it immediately follows the 2021 election where delegates were elected.
Alternatively, a two-thirds vote of both Virginia houses may call for the creation of a constitutional convention. 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.
Since the current constitution was ratified, there have been 53 amendments added to the constitution, concerning issues ranging from tax exemptions and voting rules to budgeting and legislative calendars.
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A majority vote in favour of an amendment is required for it to become part of the Constitution
The Constitution of Virginia defines and limits the powers of the state government and the basic rights of its citizens. It was first enacted in 1776 and has been revised five times since then, in 1830, 1851, 1870, 1902, and 1971. The current Constitution was ratified in 1971 and most recently amended in 2019. Changes to the Constitution may occur pursuant to Article XII by amendment or constitutional convention and must, in either case, be submitted to the voters for approval.
Virginia uses the "legislative referral" method as its sole avenue of amending the state Constitution. This means that amendments must begin as a resolution in the General Assembly. Once the resolution is approved by both legislative houses during two separate legislative sessions, the amendment must be approved by a majority of voters.
A resolution must be approved by a majority vote in both the state Senate and the House of Delegates during the same session. The resolution must then be introduced again and approved by both houses in the session immediately following a House of Delegates election. For example, any resolution passed by the legislature in 2020 or 2021 must be passed a second time in 2022. This process ensures that amendments can only appear on the general election ballot in even years.
Sometimes, there are separate resolutions in both the House and Senate with identical text, and legislators will approve both. Amendments to the Virginia Constitution can edit the existing text, so it is not always easy to see what has been changed and when.
A two-thirds vote of both Virginia houses may also call for the creation of a constitutional convention. 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.
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Virginia's Constitution has been revised five times
Virginia uses the "legislative referral" method as its sole avenue of amending the state Constitution. This means that amendments must begin as a resolution in the General Assembly. Once the resolution is approved by both legislative houses during two separate legislative sessions, the amendment must be approved by a majority of voters.
The original Virginia Constitution of 1776 was enacted at the time of the Declaration of Independence by the first thirteen states of the United States of America. Virginia was an early state to adopt its own Constitution on June 29, 1776, and the document was widely influential both in the United States and abroad. Since then, the Constitution has been revised several times, but the Bill of Rights has been incorporated into each subsequent version.
There have been six major subsequent revisions of the constitution (by Conventions for the constitutions of 1830, 1851, 1864, 1870, 1902, and by commission for 1971 amendments). The 1971 amendments were drafted by a commission established in 1968 by a joint resolution of the Virginia General Assembly. The proposed Constitution was overwhelmingly approved by the voters of Virginia and took effect on July 1, 1971.
The 1902 Constitution was adopted without ratification by the electorate due to concerns over African American opposition. This constitution was in effect far longer than any previous Virginia constitution. As a result of the Civil Rights Movement, the most controversial aspects of the 1902 Constitution—the provisions restricting voting by African Americans and mandating school segregation—were overturned.
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Frequently asked questions
Amendments to the Virginia Constitution are ratified by a majority of voters.
Virginia uses the "legislative referral" method as its sole avenue of amending the state Constitution. This means that amendments must begin as a resolution in the General Assembly and be approved by both legislative houses during two separate legislative sessions. The amendment then must be approved by a majority of voters.
The Virginia Constitution was first enacted in 1776 and has been revised five times (in 1830, 1851, 1870, 1902, and 1971). Since the current constitution was ratified in 1971, there have been 53 amendments, the most recent being in 2019.
Examples of amendments to the Virginia Constitution include the Victims' Rights Amendment, added in 1997, and an amendment prohibiting same-sex marriage, added in 2006.
Yes, on June 25, 1788, Virginia ratified the United States Constitution, becoming the tenth state to do so.
