Virginia constitution of 1861 university of richmond. Both were rooted in the several virginia constitutions that preceded them but. Constitution of virginia fairfax county republican committee. One of these shall be called, the house of delegates, and consist of two representatives, to be chosen for each county, and for the district of westaugusta, annually, of such men as actually reside in, and are. The constitutional convention met in the chamber of the house of delegates in the capitol in richmond from december 3, 1867, through april 17, 1868. The second was a recommendation that a bill of rights be added to the constitution, and that a list of amendments also be added in accordance with article 5. A declaration of rights made by the good people of virginia in the exercise of their sovereign powers, which rights do pertain to them and their posterity, as the basis and foundation of government.
The close results of the convention referendum and the later ratification of the new constitution reflected the acrimonious split that characterized state politics at the time. Critics of the state argued that creating west virginia would be unconstitutional, as the united states constitution required any change in state border to be approved by the legislative bodies of all states involved and the legislative body in richmond. The state of west virginia is, and shall remain, one of the. That all men are by nature equally free and independent and have certain inherent rights, of which, when they enter into a state of society, they. The constitutional convention of 1872 and the resurrection of. Virginia voters passed an eminent domain constitutional amendment in november 2012 that defines lost access and business damages and specifically includes them as part of the compensation to be paid to land andor business owners during an eminent.
The constitution of the state of west virginia is the supreme law of the u. The state of west virginia includes the bed, bank and shores of the ohio river, and so much of the big sandy river as was formerly included in the commonwealth of virginia. Officers and committees the west virginia state bar shall be governed by a board of governors. The state of west virginia shall be and remain one of the united states of america. West virginia ratified the amended constitution march 26, 1863.
West virginia citizens elected delegates to a constitutional convention after virginias decision to secede from the united states. Abraham lincoln walks at midnight statue on the grounds of the west virginia state capitol. Virginia constitutional convention 19011902 contributed by susan breitzer. West virginia in which the court affirmed that the counties were part of west virginia. June 29, 1776 year, and shall be called, the general assembly of virginia. West virginia was admitted to the union on june 20, 1863 and was the only state to form through secession from a confederate state. The virginia constitutional convention of 19011902 produced the virginia constitution of 1902 and is an important example of postreconstruction efforts to restore white supremacy in the american south by disenfranchising large numbers of blacks. Unfortunately, much of the information necessary to decide this question is obscured in specialist publications that few people read, and most resort to the old general histories which are basically false. Constitution of the state of west virginia, november 26, 1861. There has been little written about west virginias 1872 constitutional convention. Table of contents article i bill of rights article ii franchise and officers article iii division of powers article iv legislature article v executive article vi judiciary article vii local government article viii education article ix corporations article x taxation and finance article xi. The state has had two constitutions, the original that was ratified in 1863 and the current one that was initially adopted in 1872. Ratification of the constitution by the state of virginia, june 26, 1788. One of these shall be called, the house of delegates, and consist of two representatives, to be chosen for each county, and for the district of west augusta, annually, of such men as actually reside in, and are.
The convention met at olympia on the fourth day of july, 1889, and adjourned on the twentysecond day of august. Enlarge constitution of the state of west virginia, november 26, 1861. In its first article, the clause states that the state of west virginia is, and shall remain, one of the united states of america. The constitution of the commonwealth of virginia is the document that defines and limits the powers of the state government and the basic rights of the citizens of the u. In its first article, the clause states that the state of west virginia is, and shall remain. West virginia postal workers union constitution and bylaws amended april 30, 2016 article 1. The second and current constitution of west virginia dates from 1872. Some of the issues they addressed include the name of the new state, boundaries, and slavery.
Notes on the state of virginia selections thomas jefferson1 1787 about this text. West virginia state constitution wikisource, the free. And, whereas, a convention, held on the first day of august, 1851, did propose to the people of the commonwealth an amended constitution, which was ratified by them. Res 17, transferring the counties of berkeley and jefferson to the state of west virginia, february 19, 1866. It is both a meticulous account of the state of virginia and an inquiry into the nature of. West virginia constitution west virginia legislature. Vote totals by county on the west virginia state constitution. Separation of legislative, executive, and judicial departments. West virginia statehood, june 20, 1863 national archives. Constitution of virginia of 1872 the constitution of virginia of 1872 preamble article 1. Notes on the state of virginia 1785 is jeffersons compilation of extensive data about virginias geography, resources, economy, laws, and inhabitants. The constitution of the state of west virginia was ratified in 1862, a year before the state joined the union. Internet archive contributor university of california libraries language english.
Subject to the approval of the s upreme co urt of appeal s of west virginia, this constitution may be altered or amended at any annual meeting on recommendation of the board of governor s by vote of a major ity of the member s present or, without suc h recommendat ion, by vote of two thirds of the members present. The constitution of the new state of west virginia was ratified on november 26, 1861. Like all other state constitutions, it is supreme over virginias laws and acts of. Constitution of the state of washington legislative. The 1863 constitution was drafted at a convention held in wheeling between november 26, 1861, and february 18, 1862. Constitution of virginia of 1872 university of richmond. However, it may be superseded by the united states constitution and federal law. Constitution of the state of west virginia, november 26. Report from the house committee on public lands regarding virginia land claims, 1844. The constitution of the united states, and the laws and treaties made in pursuance thereof, shall be the supreme law of the land.
The three drafts of jeffersons proposed bill outlining the fundamental constitutions of virginia, here brought together for the first time, are so important in the light they cast upon jeffersons early ideas of government and upon the drafting of the declaration of independence that they require special comment and a particular form of. The constitution would later be amended to include the gradual emancipation of slaves as required by congress to achieve statehood. The constitution of the united states of america, and the laws and treaties made in pursuance thereof, shall be the supreme law of the land. The good roads amendment of 1928 the legislature shall have power to authorize the issuing and selling of state bonds not exceeding in the aggregate thirtyfive million dollars in addition to the state bonds which were authorized to be issued and sold by the amendment to the constitution proposed by senate joint resolution no.
Representatives, to be chosen for each county, and for the district of west. One amendment dealt with state aid to handicapped children in private. The state of west virginia is, and shall remain, one of the united states of america. On november 26, 1861, delegates met in wheeling to create a constitution for the new state. Moreover, it provides the framework for the organization of law and government. The constitutionality of the state to me is the least interesting aspect. The code of virginia, constitution of virginia, charters, authorities, compacts and uncodified acts are now available in both epub and mobi ebook formats.
Since that time, there have been frequent amendments and six major revisions to the constitution. The state of west virginia shall also include so much of the bed, banks and shores of the ohio river as heretofore appertained to the state of virginia. The constitution of west virginia ratified in 1872. Like all other state constitutions, it is supreme over virginias laws and acts of government, though it may be superseded by the united states constitution and u. Share the constitution of west virginia west virginia has had two constitutions, one ratified in 1863 and a second in 1872. The 1971 constitution is the fifth complete revision of virginias fundamental law since 1776other complete revisions having been effective in 1830, 1851, 1870, and 1902. Did the people of west virginia actually want a state. No person shall practice law in the state of west virginia unless he or she is an active member in good standing of the west virginia state bar. Full text of the virginia constitutional convention of 19011902. Library of virginia, first virginia constitution, june 29, 1776 prior to 1776, there was no written constitution establishing any limits on the power of colonial government in virginia. Its declaration of rights, of course, is antecedent to state and national declarations on the same subject.
Constitution of the state of washington this constitution was framed by a convention of seventyfive delegates, chosen by the people of the territory of washington at an election held may 14, 1889, under section 3 of the enabling act. Constitution of virginia article i, sections 7, 8, 8a, 9 2 section 7. Virginia signed its first constitution in 1776 upon the signing of the declaration of independence. Every person who, under color of any statue, ordinance, regulation, custom, or usage, of any state or territory or the district of columbia, subjects, or causes to be subjected, any citizen. That all power of suspending laws, or the execution of laws, by any authority, without consent of the representatives of the people, is injurious to their rights, and ought not to be exercised. Name west virginia postal workers union, aflcio article 2.
Underwood, the constitution it produced is also sometimes known as the underwood constitution. Full text of the virginia constitutional convention of. It expresses the rights of the states citizens and provides the. Such parts of the common law, and of the laws of the state of virginia as are in force within the boundaries of the state of west virginia when this constitution goes into operation, and are not repugnant thereto, shall be and continue, the law of. The constitution expresses the rights of its citizens. The virginia constitution introduction in many respects, the virginia constitution may be taken as a prototype for state constitutional development throughout the united states. West virginia became the 35th state following the wheeling conventions that eventually enabled the state to break away from virginia during the american civil war. The virginia constitution is supreme over virginias laws and acts of government. State to remain in the union as part of american nation, and union not to be dissolved. Amendments, west virginia constitution ballotpedia. It expresses the rights of the states citizens and provides the framework for the organization of law and government.
The following counties, formerly parts of the state of virginia, shall be included in, and form part of, the state of west virginia, namely. Claims for damages for violations of state constitutional. The constitution of the commonwealth of virginia defines and limits the powers of the state government and the basic rights of its citizens. Virginia constitution article i bill of rights section 1. Lincolns words regarding the constitutionality of west. The constitution of the united states, and the laws and treaties made in. Constitution of virginia foreword the virginia constitution of 1971 was approved by vote of the people on november 3, 1970, and became effective on july 1, 1971. The constitution of west virginia ratified in 1872 table. To unite the members of the american postal workers union in the state of west virginia into a unified force for the economic and social wellbeing of all postal employees.
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