Appendix 3

Comparing the U.S. Constitution to the Constitution of Virginia

  U.S. Constitution Constitution of Virginia
Current version approved September 17, 1787: approved by delegates from 12 states. Rhode Island boycotted the process. November 3, 1970: state voters approved.
Current version in effect Constitution ratified by 9th state (New Hampshire), effective June 21, 1788.

Bill of Rights ratified and effective December 15, 1791.

Last amendment (27th) ratified on May 7, 1992.
July 1, 1971.

The 1971 Constitution of Virginia was approved by voters on November 3, 1970, and it went into effect on July 1, 1971. It is the fifth constitution since 1776, with others effective in 1830, 1851, 1870, and 1902. The Constitution of 1864 “was drafted under wartime conditions and [its] legal status was never certain” (footnote 1, “Constitution of Virginia,” p. III).
Length 1 preamble, 7 articles, 27 amendments.
12 articles, 48 amendments as of 2012.
Sections Article I The Legislative Branch
Article II The Executive Branch
Article III The Judicial Branch
Article IV Relations among States
Article V Amending the Constitution
Article VI Debts, Supremacy, Oaths
Article VII Ratification
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 Conservation
Article XII Future Changes
Schedule
Number and placement of amendments 27 (appear at end of the Constitution). 48 as of 2012 (appear at end of specific articles).
Amendment process Proposed by 2/3 majorities of each chamber of Congress, ratified by at least 3/4 of states;
or
Proposed by a constitutional convention called by at least 2/3 of state legislatures, changes ratified by at least 3/4 of states.
Passage in same form by majorities in each chamber of General Assembly, in two different sessions separated by House of Delegates election, approved by voters in statewide election;
or
A 2/3 vote in each chamber to call a state constitutional convention.
Legislature According to Article I, Section 2 of the U.S. Constitution “The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative.” While Article 1, Section 2 of the U.S. Constitution sets the minimum and maximum sizes for the U.S. House of Representatives, the current number of members in the House of Representatives (435 Representatives) is fixed by statute and not the U.S. Constitution. The current number of Representatives was established by Public Law 62-5 in 1911 (effective 1913).

According to Article I, Section 3 of the U.S. Constitution “The Senate of the United States shall be composed of two Senators from each State.”

U.S. Congress:
•  435 members of the House of Representatives, serve two-year terms, represent districts of roughly equal population size.*
•  100 members of the Senate, serve six-year terms, each state has two senators.

*Legislative districts must have roughly equal populations so as to meet the U.S. Supreme Court’s “one person, one vote” standard, established in Baker v. Carr (1962).
According to Article IV, Section 2 of the Constitution of Virginia: “The Senate shall consist of not more than forty and not less than thirty-three members, who shall be elected quadrennially by the voters of the several senatorial districts on the Tuesday succeeding the first Monday in November.”

According to Article IV, Section 3 of the Constitution of Virginia: “The House of Delegates shall consist of not more than one hundred and not less than ninety members, who shall be elected biennially by the voters of the several house districts on the Tuesday succeeding the first Monday in November.”

Virginia General Assembly:
•  100 members of the House of Delegates, serve two-year terms, represent districts of roughly equal population size.
•  40 members of the Senate of Virginia, serve four-year terms, represent districts of roughly equal population size.*

*In Reynolds v. Sims (1964), the U.S. Supreme Court ruled that districts for both houses of state legislatures had to be apportioned by population and to be of roughly equal population size.
Elected Executive President/Vice President:
•  Must receive a majority of Electoral College votes (270).
•  If no majority, the House of Representatives selects the president, voting by state, with a majority of states needed for election; the Senate selects the vice president, voting by state.
•  Four-year term.
•  Presidents may be elected no more than twice and may not serve more than ten years as president (22nd amendment).  
Governor:
•  Four-year term.
•  May not serve two consecutive terms, but may leave office and later serve one more term.

Lieutenant Governor:
•  Four-year term.
•  No limit on numbers of terms.  

Attorney General:
•  Four-year term.
•  No limit on number of terms.
Veto: Legislative override U.S. president may veto entire bills (a “bill” or “package” veto); vetoes may be overridden by a 2/3 vote in both the House and the Senate.
Governor has both a bill veto and line-item veto (one or more specific changes to a bill); vetoes may be overridden by a 2/3 vote of each chamber of the state legislature; gubernatorial amendments to a bill may be accepted by simple majorities in each chamber.
Courts Article III: “The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.”

President nominates; U.S. Senate confirms.*  

Judges serve for life “during good behavior” (Article III, section 1).

Article I “legislative” courts – Congress creates under broad power to create tribunals “inferior” to the Supreme Court. Judges serve fixed terms.

*Bankruptcy judges are selected by U.S. Courts of Appeal judges for the circuit in which they will serve.
Article VI: “The judicial power shall be vested in a Supreme Court and in other courts of original or appellate jurisdiction subordinate to the Supreme Court as the General assembly may from time to time establish.” 

State legislature selects all state court judges; Governor fills vacancies when the General Assembly is not in session.

Judges serve for fixed terms, with lengths varying by court; may be re-elected by the General Assembly.
Types of
Courts
Article III Courts

U.S. Supreme Court

U.S. Courts of Appeal (“circuit courts”)

U.S. District Courts

Article I “legislative” courts include U.S. Tax Court, U.S. Court of International Trade, U.S. Court of Federal Claims, U.S. Court of Appeals for the Armed Forces, and U.S. Court of Appeals for Veterans Claims.
Supreme Court (7 justices, 12- year terms).

Court of Appeals (11 judges, 8- year terms).

Circuit courts (30 circuits, 120 courts, 8-year terms).




Sources:

U.S. Constitution: http://www.archives.gov/exhibits/charters/constitution_transcript.html.

Constitution of Virginia: http://legis.state.va.us/laws/search/constofva.pdf.