However, it may be superseded by the united states constitution and federal law. West virginia postal workers union constitution and bylaws amended april 30, 2016 article 1. State constitution education clause language education law. Its declaration of rights, of course, is antecedent to state and national declarations on the. 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. The constitution of west virginia ratified in 1872 table of. All legislative powers herein granted shall be vested in a. West virginia legislature, west virginia constitution additional reading. Women and blacks were never denied the vote by this constitution, and indeed women could vote in new jersey until 1807. The state of west virginia, by counsel laura young, has filed a response. Bastress provides a historical and l west virginia became a state in 1863, following its separation from the commonwealth of virginia brought on. Since that time, there have been frequent amendments and six major revisions to the constitution.
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. It expresses the rights of the states citizens and provides the framework for the organization of law and government. 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. Provides a provisionbyprovision commentary of the state constitution of west virginia and includes analysis on the state s current constitution, providing an essential reference guide to understanding this important document. The 1863 constitution was drafted at a convention held in wheeling between november 26, 1861, and february 18, 1862. 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. The washington state constitution is the plan for the operation of washington state government, describing the three branches of government executive, legislative and judicial and defining the rights of the people. The constitutional convention of 1872 and the resurrection of. The code of virginia, constitution of virginia, charters, authorities, compacts and uncodified acts are now available in both epub and mobi ebook formats.
The federal and state constitutions colonial charters, and other organic laws of the states, territories, and colonies now or heretofore forming the united states of america compiled and edited under the act of congress of june 30, 1906 by francis newton thorpe washington, dc. Library of virginia, first virginia constitution, june 29, 1776 prior to 1776, there was no written constitution establishing any. Share the constitution of west virginia west virginia has had two constitutions, one ratified in 1863 and a second in 1872. Virginia constitution of 1861 university of richmond. Washington state courts washington state constitution. Notes on the state of virginia by thomas jefferson. Report from the house committee on public lands regarding virginia land claims, 1844. Circuit courts hear appeals of magistrate court cases. 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. In 1863, in the midst of the rebellion, congress admitted those counties mostly in the nonslaveholding, mountainous counties as a state called west virginia. Constitution of the state of west virginia, november 26.
Jefferson, virginias governor from 1779 to 1781, addressed the problems that plagued the states first attempt at selfgovernment in his 1784 book, notes on the state of. 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. 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. 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. Did the people of west virginia actually want a state. Below are portions of the education clauses from the state constitutions. West virginias civil warera constitution, kent state university press. Oxford commentaries on the state constitutions of the us. 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. Notes on the state of virginia selections thomas jefferson 1787. State shall record and file said oaths subscribed by each member. Notes on the state of virginia selections thomas jefferson1 1787 about this text. Some of the more notable or wellknown clauses come from the constitutions of. The general assembly may establish agricultural, normal, manual.
Texas, and west virginia are examples of states where. Page 4 introduction to notes of the state of virginia by thomas jefferson the wide reputation and high value that have been accorded to the notes on virginia for over one hundred years make any attempt to praise it at this day little less than a work of supererogation. And, whereas, the general assembly of virginia, by an act passed january 14th, 1861, did provide for. 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 constitution west virginia legislature. Library of virginia, first virginia constitution, june 29, 1776. Representatives, to be chosen for each county, and for the district of west. West virginia was admitted to the union on june 20, 1863 and was the only state to form through secession from a confederate state. Westerners wanted equal representation, suffrage for all. The constitution of west virginia ratified in 1872 table.
It expresses the rights of the state s citizens and provides the framework for the organization of law and government. 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 and workingclass. Nov 08, 2010 in the constitution you can not make a state out of a state george washiton sighined on it and thomas jefferson and richard henery lee wrote the the indpendence july 4,1776 and it says if a state or states are treated unfarly they have a right to challange that said unconstitutional lawless goverment and form there own goverment and draft a new constitution and it passes by a vote now those. Article i of the west virginia constitution is entitled relations to the u. The constitution of the commonwealth of virginia defines and limits the powers of the state government and the basic rights of its citizens. The convention met at olympia on the fourth day of july, 1889, and adjourned on the twentysecond day of august.
Section 5 of the west virginia constitution and the cruel and unusual punishment clause of the eighth amendment of the united states constitution. The washington state constitution is maintained online by the washington state legislature and is updated once a year. There shall be a permanent commission which shall be known as the state corporation commission and which shall consist of three members. In addition to frequent amendments, there have been six major subsequent revisions of the constitution by conventions for the constitutions of 1830, 1851, 1864, 1870, 1902, and by commission. Virginia constitutional convention 19011902 contributed by susan breitzer. The 1971 constitution is the fifth complete revision of virginias.
The west virginia constitution consists of a preamble followed by 14 articles. 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. Constitution of virginia 1902 university of richmond. The following text is taken from the library of congresss. Constitution of the state of west virginia virginia. 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. Its declaration of rights, of course, is antecedent to state and national declarations on the same subject. West virginia ratified the amended constitution march 26, 1863. Get acquainted with our new virginia state law portal. The constitution of west virginia is the basic governing document for the state of west virginia. The state has had two constitutions, the original that was ratified in 1863 and the current one that was initially adopted in 1872. Constitution of the state of west virginia, november 26, 1861. Name west virginia postal workers union, aflcio article 2. Notes on the state of virginia 1785 is jeffersons compilation of extensive data about virginia s geography, resources, economy, laws, and inhabitants.
The constitution would later be amended to include the gradual emancipation of slaves as required by congress to achieve statehood. Jul 26, 2019 the constitution of the new state of west virginia was ratified on november 26, 1861. 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. Ratification of the constitution by the state of virginia, june 26, 1788. But do please note that it has always been up to the states who can vote. Constitution of west virginia department of arts, culture. The state of west virginia is, and shall remain, one of the united states of. The constitution of the state of west virginia is the supreme law of the u. 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. West virginia statehood, june 20, 1863 national archives. Apr 14, 2011 the constitutionality of the state to me is the least interesting aspect.
Article iii, west virginia constitution ballotpedia. Prior to 1776, there was no written constitution establishing any limits on the power of colonial government in virginia. West virginia state constitution wikisource, the free. Differences between east and west arose on the main issues of suffrage the right to vote and representation. The 1971 constitution is the fifth complete revision of virginia s fundamental law since 1776other complete revisions having been effective in 1830, 1851, 1870, and 1902. 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. June 12, 1776 a declaration of rights made by the representatives of the good people of virginia, assembled in full and free convention. Article xiii of the west virginia constitution is entitled land titles and. The virginia constitution is supreme over virginias laws and acts of government. Magistrates run for fouryear terms in nonpartisan elections.
Constitution of the state of west virginia virginia, west. The west virginia archives and history web site offers detailed information on the states history, outlines the documents available in the state archives, and. Except as may be otherwise prescribed by this constitution or by law, the. 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. Constitution 189 virginia, the most populous state, adopted its state constitution in 1776, a month before the declaration of independence passed congress. Virginia signed its first constitution in 1776 upon the signing of the declaration of independence. Jul 26, 2019 west virginia in which the court affirmed that the counties were part of west virginia. 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. Constitution of west virginia as adopted in 1872, with amendments since made. 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 cannot, by any compact, deprive or divest their posterity.
If they were denied, then the republican press directed them to file charges against. 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. Res 17, transferring the counties of berkeley and jefferson to the state of west virginia, february 19, 1866. Constitution of virginia article i, sections 7, 8, 8a, 9 2 section 7. 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. Preambles to state constitutions the preamble to the west virginia constitution states. During its history, five state constitutions have governed west virginia. The state of west virginia shall never be made defendant in any court of law or equity, except the state of west virginia, including any subdivision thereof, or any municipality therein, or any officer, agent, or employee thereof, may be made defendant in any garnishment or attachment proceeding, as garnishee or suggestee. June 29, 1776 year, and shall be called, the general assembly of virginia. All of the territory of west virginia was taken from the commonwealth of virginia, and in the constitution of 1863 fortyfour of the abovenamed. First off, i am a resident of the commonwealth of virginia, and am completely aware of the circumstances of the creation of the state of west virginia.
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. It is both a meticulous account of the state of virginia and an inquiry into the nature of. There has been little written about west virginias 1872 constitutional convention. Constitution of the state of washington legislative. Magistrates work under the administrative supervision of the supreme court of appeals of we st virginia. It was only state law that limited citizens or even slaves rights to vote.
The west virginia constitution prohibits requiring magistrates to be lawyers, although some are. Oct, 20 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. And such parts of the said beds, banks and shores as lie opposite, and adjoining several counties of this state, shall form parts of said several counties respectively. Since through divine providence we enjoy the blessings of civil, political and religious liberty, we, the people of west virginia, in and through the provisions of this constitution, reaffirm our faith in and constant reliance upon god and seek diligently to promote, preserve and perpetuate good government in the state of west virginia for the common. 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. In its first article, the clause states that the state of west virginia is, and shall remain, one of the united states of america. It expresses the rights of the states citizens and provides the. Thatincriminalprosecutions,thevictimshallbeaccordedfairness,dignityandrespect bytheofficers.
604 357 1066 718 177 1399 136 649 453 197 851 129 410 758 1130 165 1198 1374 1179 602 581 344 1578 1408 474 1158 780 799 227 1141 761 1166 23 1314 75 798 157 1013