In 1897, an attempt to hold a constitutional convention was defeated but three years later, the people of the Commonwealth voted in favor of a constitutional convention. This fifth constitutional convention began in June 1901 and continued for approximately one year. As a result of this convention (described in Chapter Four), numerous changes were made which were considered so important by the delegates at the convention that they decided to "proclaim" this Constitution of 1902 as the fundamental law of Virginia rather than to submit it to the voters for ratification. Consequently, on May 29, 1902, the Constitution of 1902 was voted by the convention delegates for adoption and this is the present Constitution of the Commonwealth, with certain subsequent revisions.
Like the Constitution of the United States, the Virginia Constitution is divided into major areas called articles and into subdivisions called sections. There are seventeen articles and two hundred and one sections. The following topics found in the articles indicate the broad range of subjects included: the Bill of Rights, Elective Franchise and Qualifications for Office, Division of Powers, Legislative Department, Executive Department, Judiciary Department, Organization and Government of Counties, Organization and Government of Cities and Towns, Education and Public Instruction, Agriculture and Immigration, Public Welfare and Penal Institutions, Corporations, Taxation and Finance, Miscellaneous Provisions—Homestead and Other Exemptions, Future Changes in the Constitution, Rules of Construction, and Voting Qualification of Armed Forces.
The Virginia Bill of Rights
Article I is the Bill of Rights. Such rights are prefaced by an introductory paragraph in the article which states that this series of rights form the backbone of the governmental structure in Virginia: "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 to their posterity, as the basis and foundation of government." The famous Declaration of Rights which follows the introductory paragraph was written by George Mason and introduced at the Williamsburg Convention by Archibald Cary. It was unanimously adopted by the convention members on June 12, 1776, and its principles were considered so significant that they were later used as the basis for the Bill of Rights in the Constitution of the United States as well as for many other state bills of rights. The importance attached to these provisions has resulted in the Virginia Bill of Rights often being called the "Magna Charta of Virginia."
In seventeen different sections, the Virginia Bill of Rights guarantees various underlying principles of government:
(1) "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, namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety"—Thus, freedom and equality of every individual is recognized, and one's rights of life, of liberty, of owning property and of achieving happiness and safety are guaranteed.
(2) "That all power is vested in, and consequently derived from, the people; that magistrates are their trustees and servants, and at all times amenable to them"—Thus, a principle of democracy is expressed that the right to rule comes from the people themselves and that office-holders are representatives of the people and are responsible to the people.
(3) "That the government is, or ought to be, instituted for the common benefit, protection and security of the people, nation or community; of all the various modes and forms of government, that is best which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of maladministration; and, whenever any government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, inalienable and indefeasible right to reform, alter or abolish it, in such manner as shall be judged most conducive to the public weal"—Thus, the objective of a government is to benefit, protect and preserve security for the people. The best type of government is that which results in the greatest happiness and safety of all those whom it governs. Whenever a majority of those being governed consider such government as not attaining such an objective, they have a right to change it, reform it, or, if deemed wise, to abolish it as long as it is done in a legal manner considered for the good of all involved.
(4) "That no man, or set of men, is entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services; which not being descendible, neither ought the offices of magistrate, legislator or judge to be hereditary"—Thus, the amount of financial profit or gain received by an office-holder in any community is to be based solely upon his rendering public service to the community. Consideration of birth, influence or wealth is to be ignored, and office-holding itself cannot be automatically inherited or handed down from father to son.
(5) "That the legislative, executive and judicial departments of the State should be separate and distinct; and that the members thereof may be restrained from oppression, by feeling and participating the burthens of the people, they should, at fixed periods, be reduced to a private station, return into that body from which they were originally taken, and the vacancies be supplied by regular elections, in which all or any part of the former members shall be again eligible, or ineligible, as the laws may direct"—Thus, the principle of the separation of powers is set forth, that is, the legislative, executive and judicial departments are organized as three separate, independent departments. Officials should have specific terms of office and should be elected for designated periods of time at the end of which time they should return to their former private status and be eligible for re-election if the law provides for such an opportunity.
(6) "That all elections ought to be free; and that all men having sufficient evidence of permanent common interest with, and attachment to, the community, have the right of suffrage, and cannot be taxed, or deprived of, or damaged in, their property for public uses, without their own consent, or that of their representatives duly elected, or bound by any law to which they have not, in like manner, assented for the public good"—Thus, all elections should be free and open, and all men who have become regular residents of a community should be allowed to vote. Property cannot be taxed, disposed of or damaged for public use without the consent of the people involved or that of their representatives. Neither can the people be forced to abide by any law unless it has been voted upon by them or by their elected representatives.
(7) "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"—Thus, no office-holder should have the authority to suspend a law or to carry out a law, independent of the legal representatives of the citizenry.
(8) "That in criminal prosecutions a man hath a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence in his favor, and to a speedy trial by an impartial jury of his vicinage, without whose unanimous consent he cannot be found guilty. He shall not be deprived of life or liberty, except by the law of the land or the judgment of his peers; nor be compelled in any criminal proceeding to give evidence against himself, nor be put twice in jeopardy for the same offense...."—Thus, any man accused of a crime is entitled to certain rights: to be informed of the charges placed against him, to meet face to face with the witnesses and accusers, to defend himself in a fair and speedy trial with an impartial or unprejudiced jury. He cannot be deprived of life or liberty except by legal judicial action; he cannot be made to testify against himself; and he is ineligible to be tried twice for the same crime.
(9) "That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted"—Thus, bails, fines and punishments must be reasonable.
(10) "That general warrants, whereby an officer or messenger may be commanded to search suspected places without evidence of a fact committed, or to seize any person or persons not named, or whose offense is not particularly described and supported by evidence, are grievous and oppressive, and ought not to be granted"—Thus, a search warrant should state specifically the exact place to be searched or the exact individual to be seized and the offense should be specified.
(11) "That no person shall be deprived of his property without due process of law; and in controversies respecting property, and in suits between man and man, trial by jury is preferable to any other, and ought to be held sacred. The General Assembly may limit the number of jurors for civil cases in courts of record to not less than five in cases cognizable by justices of the peace, or to not less than seven in cases not so cognizable"—Thus, since man has a right to own property, he cannot be deprived of it without due course of law. In certain types of lawsuits, trial by jury is believed the best legal procedure.
(12) "That the freedom of the press is one of the great bulwarks of liberty, and can never be restrained but by despotic governments; and any citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right"—Thus, the right of the freedom of press and of the freedom of speech is advocated as long as an individual assumes the responsibility for same.
(13) "That a well-regulated militia, composed of the body of the people, trained to arms, is the proper, natural and safe defense of a free State; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power"—Thus, a militia promotes the safety of the people. There are dangers of a standing army of professional men in peacetime, and, even in wartime, the military group should be subject to civilian authority.
(14) "That the people have a right to uniform government; and, therefore, that no government separate from, or independent of, the government of Virginia, ought to be erected or established within the limits thereof"—Thus, the people in the State should be governed by the same rules and regulations. No other separate or independent government within Virginia other than the one established by the State Constitution can be organized.
(15) "That no free government, or the blessings of liberty can be preserved to any people, but by a firm adherence to justice, moderation, temperance, frugality and virtue, and by frequent recurrence to fundamental principles"—Thus, government, like men, must be guided by moral principles: namely, justice, moderation, temperance, frugality and virtue. Without repeated adherence to these moral precepts, free government cannot survive.
(16) "That religion or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence; and, therefore, all men are equally entitled to the free exercise of religion, according to the dictates of conscience; and that it is the mutual duty of all to practice Christian forbearance, love and charity toward each other"—Thus, the right of the freedom of religion is advocated and guaranteed.
(17) "The rights enumerated in this bill of rights shall not be construed to limit other rights of the people not therein expressed"—Thus, since there are other rights not included in this Bill of Rights, this last section reminds the people that there are additional rights not specifically included in this article.
An understanding of the natural fundamental rights of a people as individuals, as guaranteed by the Virginia Bill of Rights, causes one to appreciate deeply the guarantees of liberty and freedom provided for the people of the State.