Malcolm Rivera
The Virginia Constitution was rewritten in 1902 to disenfranchise African Americans, who made up nearly 36% of the state's population at the time. The new constitution created stricter voting requirements, making it harder for Black people to vote. It also imposed racial segregation in public schools and solidified the social enforcement of Jim Crow laws. The delegates who rewrote the constitution did not submit it to Virginia voters for ratification, as they believed that the electorate would not willingly choose to disenfranchise themselves. The Virginia Constitution of 1902 remained in effect until 1971 and played a significant role in shaping the state's politics in the 20th century.
| Characteristics | Values |
|---|---|
| Year | 1902 |
| Reason | The Virginia Constitution was rewritten in 1902 primarily due to the state's desire to disenfranchise African Americans and poor whites, and to restrict their political and electoral influence. |
| Methods | This was achieved through the implementation of poll taxes, literacy tests, and property qualifications, which effectively disenfranchised a significant portion of the African American and poor white population. |
| Impact | The rewrite significantly reduced political representation and voting rights for African Americans and poor whites in Virginia, solidifying white supremacy in the state's politics for decades to come. |
| Motivation | The underlying motivation was rooted in racism and the desire to maintain white control over political power and decision-making processes in Virginia. |
| Long-term Effects | The disenfranchisement of African Americans and poor whites had lasting impacts, contributing to social and economic inequalities that persisted well into the 20th century. |
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![The Constitution of the State of Virginia, (1902) [Leather Bound]](https://m.media-amazon.com/images/I/61FbOFgXaEL._AC_UY218_.jpg)
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What You'll Learn
To disenfranchise African Americans
The Virginia Constitution was rewritten in 1902 with the primary objective of disenfranchising African Americans. This was achieved through the introduction of a poll tax and literacy tests as prerequisites for voting. The poll tax was a deliberate reversal of the reform passed by a biracial coalition in 1882, which removed the tax as a prerequisite for voting. The new requirements for voting were designed to be financially and practically difficult for poor and illiterate people, who were predominantly African Americans.
The 1901–1902 Constitutional Convention, which was dominated by Democrats, brought about the changes to the constitution. The convention was vehemently supported by Democrats, many of whom were white supremacists, and was boycotted by African Americans. The convention was called in response to demands for reform following corruption within the Democratic Party, which had seen Democrats cheating in elections to win. The Democrats' primary objective was to disenfranchise African Americans, thereby eliminating their need to cheat in elections.
The new constitution was a return to the discriminatory policies of the pre-civil war era, when only adult white men were legally able to vote in Virginia. The 1902 constitution undid the democratic reforms of the 1851, 1864, and 1869 state constitutions, which had granted African Americans the right to vote. The convention also imposed racial segregation in public schools and abolished the county court system.
The impact of the new constitution was significant, disenfranchising about 90% of African American voters in Virginia and reducing the state's electorate by nearly half. The small electorate allowed the Democratic Organization to maintain power for sixty years. African Americans in Virginia would not regain suffrage until the enactment of federal civil rights legislation in the mid-1960s, which saw the passage of the Civil Rights Act of 1964 and the Voting Rights Act of 1965.
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To restrict voting by African Americans
The Virginia Constitution was rewritten in 1902 to restrict voting by African Americans. The Constitutional Convention of 1901–1902, composed entirely of white members, aimed to disenfranchise African Americans without violating the Fourteenth and Fifteenth Amendments of the US Constitution, which guaranteed voting rights to Black men. The convention considered and ultimately enacted requirements for voting such as poll taxes, literacy tests, and understanding clauses, which served as indirect means to restrict African Americans from voting. These measures effectively reduced voting by African Americans in Virginia, with approximately 90% of Black voters being disenfranchised.
The efforts to restrict African American voting rights in Virginia did not begin with the 1902 Constitution but were part of a broader historical context. In the late 19th century, African Americans in Virginia were actively involved in politics, with Black politicians advocating for civil rights and public schools. However, white supremacist Democrats sought to regain control and passed laws to reduce Black suffrage. In the 1890s, white political leaders in Richmond redrew electoral district boundaries to create white-majority districts, making it impossible for African Americans to win municipal elections.
The poll tax, which was reinstated as a voting requirement in 1876 and again in 1902, was one of the key tools used to disenfranchise African Americans. Literacy tests were also considered, but some Democrats were reluctant to implement them due to the presence of illiterate white voters. As a compromise, the convention created the "`understanding clause,`" which required voters to prove their understanding of the state constitution. This clause, along with the poll tax, successfully disenfranchised a significant number of African Americans and some poor white residents.
The Virginia Constitutional Convention of 1902 reflected the political atmosphere and values of the time, with Democrats demanding government and election reforms specifically targeting African American voting rights. The convention's delegates were elected with the explicit goal of "purifying" the ballot box and restricting suffrage for African Americans. Despite resistance from the Black community and some white allies, the resulting constitution severely curtailed African American political participation in Virginia.
The impact of the 1902 Constitution was significant, resulting in a 50% decrease in the state's voters and almost completely destroying African American political activity in Virginia. The number of African Americans holding local offices dwindled, and very few ran for public office in the following decades. While the 1902 Constitution remained officially in effect until 1971, its restrictive voting measures were abolished by the courts and federal legislation in the 1960s.
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To impose racial segregation in public schools
The Virginia Constitution of 1902 imposed racial segregation in public schools. This was a formalisation of de facto segregation that already existed in the state. The 1902 Constitution was part of a broader effort to restore white supremacy in the American South, disenfranchising large numbers of African Americans and poor whites.
The 1902 Constitution was enacted without ratification by the electorate, and it was not until 1971 that a new constitution was adopted by popular vote. This new constitution repudiated the white supremacist taint of 1902 and explicitly prohibited government discrimination based on "religious conviction, race, colour, sex, or national origin".
The 1902 Constitution's imposition of segregation in public schools was challenged by the Civil Rights Movement and, in 1954, the US Supreme Court case Brown v. Board of Education. This challenge, along with the 24th Amendment, the Civil Rights Act of 1964, and the Voting Rights Act of 1965, eventually led to the overturning of the most controversial aspects of the 1902 Constitution, including those mandating school segregation.
The 1902 Constitution's segregation provisions were underpinned by racist ideology. In his opening speech to the delegates, the convention's president denounced the Fifteenth Amendment, which prohibited denying the right to vote on the basis of race, as "a crime against civilization and Christianity". He further stated that this amendment had forced Virginia "under the rule of bayonet, to submit to universal negro suffrage". The president of the convention, John Goode, also stated that "Virginia, within her borders, can regulate [voting rights] according to her own sovereign will and pleasure, provided she does not violate the Constitution of the United States". This statement set the tone for the convention, which sought to exclude Black voters from the democratic process through stricter voting requirements.
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To abolish the county court system
The Virginia Constitution of 1902 was the result of a convention that took place between June 12, 1901, and June 26, 1902, with 100 delegates in attendance. The convention was dominated by Democrats, and its primary objective was to disenfranchise African Americans, who made up nearly 36% of the state's population at the time.
One of the ways in which the new constitution achieved this objective was by imposing stricter voting requirements, which served to drastically reduce the number of eligible voters. For example, the new constitution abolished the county court system. This change, alongside other administrative procedures, was used by local and state officials to block many African Americans and poor whites from registering to vote.
The delegates chose not to submit the new constitution to Virginia voters for ratification, concluding that the electorate would not willingly choose to disenfranchise itself. This decision was influenced by the fact that the convention was concerned about African American opposition, and they did not want to give them a chance to express their opposition at the ballot box.
The new constitution was successful in its aim of disenfranchising African Americans, as voting rates dropped significantly after its implementation. For example, there were 88,000 fewer ballots cast in the 1905 gubernatorial election compared to the previous election in 1901. The number of voters in presidential elections also decreased between 1888 and 1928. While some African Americans did manage to vote after 1902, they were significantly disempowered politically.
The Virginia Constitution of 1902 remained in effect until July 1, 1971, when a new constitution was adopted that explicitly forbade government discrimination based on race, colour, national origin, or sex. This new constitution represented a significant shift away from the white supremacist ideals that had influenced the 1902 constitution.
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To maintain white supremacy
The Virginia Constitution of 1902 was rewritten to maintain and solidify white supremacy in the state. The document created stricter voting requirements, such as literacy tests, effectively disenfranchising African Americans and poor whites. In 1900, African Americans made up nearly 36% of Virginia's population, and the delegates who gathered in 1901 to rewrite the constitution aimed to exclude them from the democratic process. Carter Glass, a delegate, made clear that the objective was to eliminate black people from the state's politics.
The 1902 Constitution created a new legal enforcement of Jim Crow, further solidifying its social enforcement. The delegates chose not to submit their new constitution to Virginia voters for ratification, concluding that the electorate would not willingly choose to disenfranchise itself. Instead, the convention was dominated by Democrats, who ensured the constitution reflected their interests. The constitution did not include a popular vote, and it was adopted without ratification by the electorate, demonstrating the delegates' concern over African American opposition.
The constitution's stricter voting requirements were used to block many blacks and poor whites from registering to vote. While the US Supreme Court interpreted the Fifteenth Amendment as prohibiting the disenfranchisement of voters based solely on race, it allowed for restricting who could vote through administrative procedures. Literacy tests and other barriers to voting were used to exclude African Americans from the political process.
The impact of the 1902 Constitution was significant, with voting rates dropping drastically. In the 1905 gubernatorial election, 88,000 fewer ballots were cast compared to the previous election in 1901. The number of voters in presidential elections also decreased between 1888 and 1928. While some African Americans managed to vote after 1902, they were significantly disempowered politically. The constitution's provisions ensured that Virginia politics in the twentieth century were dominated by a conservative Democratic Party that resisted civil rights advances and school desegregation.
The racist legacy of the 1902 Constitution was eventually challenged and overturned through a series of US Supreme Court cases, federal legislation, and the civil rights movement. The most controversial aspects of the constitution, including restrictions on voting and school segregation, were eliminated in the 1950s and 1960s. The Virginia Constitution of 1971 formally repudiated white supremacy and forbade government discrimination based on race, colour, national origin, or sex.
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Frequently asked questions
The Virginia Constitution was rewritten in 1902 to disenfranchise African Americans, who made up 36% of the state's population.
The 1902 Virginia Constitution drastically reduced the number of eligible voters. Voting rates dropped, with 88,000 fewer ballots cast in the 1905 gubernatorial election compared to 1901. The number of voters in presidential elections also decreased between 1888 and 1928.
The 1902 Virginia Constitution created stricter voting requirements, imposed racial segregation in public schools, and abolished the county court system. It also solidified the social enforcement of the Jim Crow laws.
The 1902 Virginia Constitution was amended in 1928 and remained in effect until 1971 when a new state constitutional commission sought to revise it. The 1971 Virginia Constitution addressed racial discrimination and the state's unhappy history of massive resistance and school closings.
