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.
_Election Requirements, Offices and Procedures_
The extreme importance which the early Virginians attached
to suffrage is recognizable by the location of the voting
qualifications in the Virginia Constitution. Such qualifications
directly follow the Bill of Rights as Article II and include the
following requirements:
(1) a citizen of the United States
(2) at least twenty-one years of age
(3) a resident of Virginia at least one year
(4) a resident of the county, city or town at least six months
(5) a resident of the voting precinct at least thirty days prior to
the election
(6) the payment of an annual state capitation or poll tax of one
dollar and fifty cents to the county or city treasurer at least
six months prior to the election; the receipt of such payment is
necessary for registration before voting. A resident who, although
eligible to vote at the age of twenty-one, has refrained from doing
so must pay a poll tax assessable against him for a maximum three
years before being able to vote. A new resident must pay only for
each year or part of a year spent in Virginia.
(7) the passing of a literacy test to prove one's ability to read
and write in English and to understand the functions of government
(8) proper registration at least 30 days before the election at
the office of the local Registrar of Elections which includes the
presentation of one's poll tax receipt, the filling in of certain
required forms pertaining to personal history and the swearing under
oath of the truth of one's statements. Registration in Virginia
is now permanent so that after a resident citizen has properly
registered, he does not have to repeat this process unless he moves.
A noteworthy provision of the Constitution allows any person who is
an active member of the United States Armed Forces to be exempt from
paying a poll tax and from registering as a prerequisite to voting.
Likewise, his poll taxes are cancelled and annulled for the three
years next preceding if he has an honorable discharge.
Certain persons are excluded by Article II from registering and
voting: idiots, insane persons, paupers, persons disqualified by
crime or specific disabilities which have not been removed, persons
convicted of treason, felony, bribery, petit larceny, obtaining
money or property under false pretenses, embezzlement, forgery or
perjury. The General Assembly has the power, by a two-thirds vote,
to remove such disabilities.
Qualified citizens of Virginia have the opportunity to elect three
types of officials:
(1) national officials--the President and the Vice-President
of the United States (every four years), two United States
Senators (normally, every six years) and ten United States
Representatives (normally, every two years).
(2) state officials--the Governor, Lieutenant-Governor,
Attorney-General (every four years), forty State Senators (every
four years) and one hundred House of Delegates members (every
two years).
(3) local officials--County: Treasurer, Sheriff, Commonwealth
Attorney, Commissioner of the Revenue (every four years),
County Clerk (every eight years) and Assembly members or
members of the Board of Supervisors; City: Treasurer, Sergeant,
Mayor, Councilmen, City Attorney for the Commonwealth, City
Commissioner of the Revenue (every four years) and Clerk of the
City Courts (every eight years).
All elections by the people are by secret ballot. Generally,
election officials are sworn in office the day of the election;
one of the judges opens the ballot box publicly, turns it upside
down to prove its emptiness, locks it and keeps it locked until
the voting polls are closed. At the beginning of the election day,
the election judges receive the registration books and the list of
those citizens whose past three years poll tax has been paid. The
election clerk receives a poll book, a blank book to be used for
the official listing of the voters who come to the polls. After all
election officials have received their necessary clerical supplies
and their instructions, the polls are opened for voting. Thus, a
citizen is immediately checked for his proper registration and poll
tax payments when he comes to vote. He then receives a ballot which
he alone marks secretly in a voting booth. Voting must be performed
carefully because a defaced, improperly marked ballot may be
challenged and thrown out. He folds his ballot to maintain secrecy
and hands it to an election judge who places it immediately in the
ballot box. It is illegal for a voter to be approached concerning a
possible candidate any nearer than 100 feet from the polling place.
Fifteen minutes before closing time for the polling place, one of
the election judges will loudly proclaim this fact in front of the
polling place. Exactly fifteen minutes later, the voting officially
ends and only ballot holders at this time are allowed to cast their
vote.
After the polls are closed, all the unused ballots are placed in a
special envelope marked accordingly. The used ballots are tipped out
of the ballot box onto the table. All the election officials present
check the complete emptiness of the box. Representatives of each of
the political parties are allowed to watch the correct counting of
the votes. The election clerks make two sets of tally sheets which
include the names of all the candidates which appeared on the ballot
and each clerk keeps personal tally as the ballots are counted and
the names of the candidates voted for are called off by the election
judges. The usual tally method is used, and the word "tally" is
spoken by each clerk as the diagonal fifth line is drawn so that any
mistakes in the count made by either clerk can be caught quickly.
Any time there is disagreement between the tally scores of the two
clerks, a complete recounting of the ballots for the candidate
whose score disagrees must take place. In case of a tie vote for a
Congressman, Assemblyman, or county or city official, the outcome
is determined by the Election Board, often by the flip of a coin.
When all the votes have been tallied, an official written report is
prepared on the back of each poll book: it includes the number of
votes cast individually and totally for each candidate. This report
is signed by the election judges and the election clerks. These poll
books plus the used ballots and the unused ballots are submitted
to the county or city clerk and later reviewed by the Board of
Elections. The successful candidates then receive a certificate of
election which makes them officially elected to their respective
offices.
Every person qualified to vote is eligible to any office of the
State, county, city or other subdivision of the State wherein he
resides except as stated otherwise in the State Constitution.
Persons eighteen years of age are eligible to the office of notary
public. The terms of all officers elected begin on the first day of
February after their election unless otherwise stated. The members
of the General Assembly and all officers, executive and judicial,
elected or appointed, take the following oath or affirmation: "I do
solemnly swear (or affirm) that I will support the Constitution of
the United States, and the Constitution of the State of Virginia,
and that I will faithfully and impartially discharge and perform
all the duties incumbent on me as ----, according to the best of my
ability, so help me God."
Any person who is registered and qualified to vote at the next
succeeding regular election is eligible to vote at any legalized
primary election held for the nomination of any candidate for office.
_Legislative, Executive and Judicial Departments_
The separation of powers theory in government is considered so
important that Article III of the Virginia State Constitution
concerns solely this underlying principle: namely, that the
legislative, executive and judicial departments are to be separate
and distinct. To emphasize this idea, the Constitution further
states that neither department shall "exercise the powers properly
belonging to either of the others nor may any person exercise the
power of more than one of them at the same time."
The Legislative Department--Since one of the chief functions of a
government is to make laws, it is logical for Article IV of the
Constitution to consist of a detailed description of the Legislative
Department: its composition, membership, qualifications, powers and
limitations.
The State legislature or legislative branch is called the General
Assembly. It is a bicameral legislature composed of an upper
house, the Senate, and a lower house, the House of Delegates. This
legislative body has been in continuous existence since 1619 and
is believed to be the oldest one in the Anglo-Saxon world and the
second oldest Parliament in the entire world.
The Constitution requires that the Senate consist of not more than
forty and not less than thirty-three members, elected quadrennially
(once every four years). There are forty members in the present
State Senate, and their term of office is four years. They are
elected to office by the qualified voters of the State Senatorial
Districts on the first Tuesday following the first Monday in
November of every other odd-numbered year in which the Governor is
not elected. Therefore, they are elected during the mid-term of
the Governor. The State Constitution requires that the House of
Delegates consist of not more than one hundred and not less than
ninety members. In the present House of Delegates, there are one
hundred members, and their term of office is two years. Members
of the House are elected to office by the qualified voters of the
State House districts on the Tuesday following the first Monday
in November of every odd-numbered year. Both the Senatorial and
House of Delegates Districts are set up by the General Assembly in
that a special commission is appointed by the governor to do the
districting: this commission membership must be approved by the
General Assembly. The Constitution requires that reapportionment
or redistricting take place every ten years to offset population
changes. The last reapportionment was made in 1952; therefore, the
next reapportionment or redistricting is due in 1962. There are now
thirty-six State Senatorial Districts, thirty-three of which are
entitled to one Senator each and seventy-six House of Delegates'
districts, sixty-two of which are entitled to one Delegate each.
Any qualified voter living in a Senatorial or in a House district is
eligible for election from that district to the General Assembly.
However, no General Assembly member can hold any other public
office at the same time or be elected by this assembly to any
civil office of profit in the state during his term of office.
Likewise, an individual who holds a federal government or state
government salaried office or employment or the position of court
judge, Commonwealth attorney, sheriff, sergeant, treasurer, assessor
of taxes, commissioner of revenue, collector of taxes, or court
clerk cannot be a member of either house of the General Assembly
during his continuance in office. If such an individual is elected
to either house of the General Assembly, his former office must
be vacated. Two Constitutional requirements are necessary: the
individual must be a qualified voter and must live in the district
he represents.
The salaries of the members of the General Assembly are fixed by law
and are paid from the public treasury. Any act passed which provides
for an increase of legislative salary cannot take effect until the
end of the term for which the members voting thereon were elected.
The present salary is $1080 per regular sixty-day biennial session
(plus $720 for expenses) for the House of Delegates members and
for the State Senators and $1,260 for the Speaker of the House of
Delegates and the President of the Senate.
The General Assembly meets at Richmond in regular session once
every two years on the second Wednesday in January in even-numbered
years, directly following the election of the members of the House
of Delegates. The maximum number of days in the regular session is
sixty, but a session may be extended not longer than thirty days if
three-fifths of the members of each house concur. The usual session,
however, is sixty days in length. A special session may be called at
any time by proclamation of the Governor on his own initiative or
by him at the request of two-thirds of the members of both houses.
Neither house can, without the consent of the other, adjourn to
another place nor for more than three days while a session is still
in progress. A quorum is necessary to do business and a majority
of the members of each house is considered as a quorum. However, a
small number may adjourn from day to day and they have the power to
compel the attendance of members according to the rules established
by each house individually. The House must organize itself at the
outset of each session because its members have been elected the
preceding November. The Clerk of the previous House serves until a
new chairman has been chosen. Therefore, the Clerk calls the House
to order, calls the roll, and officially swears in the members.
The chairman of the House of Delegates is called the Speaker: he is
chosen by the House of Delegates members after a party caucus. The
chairman of the Senate is called the President of the Senate and
the Lieutenant-Governor automatically serves as chairman. In the
absence of the Lieutenant-Governor or whenever he finds it necessary
to carry out the office of Governor, the Senate chooses a president
pro tempore (president for-the-time-being) from its own membership.
Each house of the General Assembly selects its own officers (Clerk,
Sergeant-at-Arms, two Door Keepers), settles its rules of procedures
and directs writs of election for filling vacancies which may occur
during the General Assembly's session. If vacancies occur during
the recess period when the General Assembly is not in session, the
Governor may issue writs of election as prescribed by law. Each
house is responsible for determining its own rules and for judging
the election, qualifications, and returns of its own members; each
house may punish its members for disorderly conduct and may expel a
member whenever two-thirds of its members so concur.
The members of the General Assembly are entitled to certain
privileges. They are free from arrest during the session of their
particular house except in cases of treason, felony (a serious
crime) or breach of the peace. They cannot be questioned in any
other place for any speech or debate in which they participate in
either house. Furthermore, they are free from arrest under any civil
process during the regular sessions of the General Assembly and
during the fifteen days directly preceding or directly following the
session.
Each house of the General Assembly must keep a journal of its
proceedings and must publish it from time to time. Whenever
one-fifth of the members present express a desire to have the "yeas"
and "nays" of their members on a specific question recorded, such
information must be entered in the journal. The Clerk of each house
has this important duty of journal-keeping. In addition, the Clerk
also prepares the payroll, keeps the docket and supervises the
printing of the legislative acts--hence, he is often called the
"Keeper of the Rolls" of the Commonwealth.
As mentioned earlier, the chief purpose of any legislative body is
to make laws. In Virginia, every law must be introduced in the form
of a bill. There are six major steps in the process whereby a bill
becomes a law:
(1) A bill may originate in either house. The legislator who
sponsors it is called the "Patron." It is customary for all
appropriation bills to be introduced in the House of Delegates;
the Clerk of the house in which it originated assigns a number
to it. No regular bill can be introduced after the beginning of
the last three weeks of a session.
(2) The bill is then referred to the proper committee of each
house. There are twenty-one standing committees in the Senate
and thirty-four standing committees in the House of Delegates.
In addition, there are a few joint standing committees--Senators
and Delegates serving together on a committee--including an
auditing committee, nominations and confirmations committee,
printing committee and a library committee. The bill is
considered carefully by the proper committee and then reported
back to the Clerk of the House.
(3) The bill is then printed by the house in which it
originated. The original bill is sent directly to the printer,
and the copies are usually then printed and distributed to
the members the next day. When the Clerk, having received the
committee report, places the bill an the calendar, it is called
the first reading and only the title of the bill is read at this
time.
(4) The bill is read in its entirety when its turn comes
on the calendar and the "Patron" explains carefully its
contents. Detailed discussion may take place and amendment,
rejection, referral to another committee for further study or
approval occurs. If the bill is approved, it is then sent to
be engrossed--the contents of the bill is pasted on a large
sheet of paper with the amendments or suggestions included in
the proper place for final examining. This entire procedure is
called the second reading.
(5) The third reading takes place when the bill is being
considered for final passage. The bill must be passed in both
houses in a recorded vote of "aye" or "nay" on a roll call with
a majority of "ayes" from those voting: at least two-fifths of
the members elected to each house must be participants in the
voting. This is performed in Virginia by an electric voting
machine. The names of the members voting for and against must
be entered on the official journal of each house. Thus, a
bill may be approved or rejected by either house. Frequently,
a conference committee has to be appointed to smooth out
differences between the two houses in regards to the details of
a bill.
(6) After the bill has been passed by both houses, it is
enrolled--that is, printed in final form--and signed by
the presiding officer of each house in the presence of the
house members. The bill is then sent to the Governor for
his consideration. (See Article V concerning the Executive
Department.)
Either house may amend a bill by an approved "aye" vote of a
majority of those voting (at least two-fifths of the total
membership in each house is a required minimum for voting).
In case of an emergency measure, a recorded "aye" vote in the
official journals of four-fifths of the members voting in each
house may result in the omission of the usual required printing and
reading of the bill on three different calendar days.
[Illustration: VA. DEPT. OF CONSERVATION AND ECONOMIC DEVELOPMENT
_State Capitol at Richmond_]
A recorded affirmative vote by a majority of all the members elected
to each house is necessary for the passing of any bills which create
or establish a new office, which create, continue or revive a
debt or charge, or which concern public monies or taxes. All tax
bills must specifically state the tax requirements clearly.
Each law can include only one subject or object, and such subject
or object must be expressed in its title. In order to revive or
amend a law, the title reference alone cannot be used; the act
revived or the section amended must be re-enacted and published at
length. After a bill has been successfully passed, it generally
cannot take effect until at least ninety days after the adjournment
of the General Assembly session during which it was enacted. Two
exceptions to this restriction exist: a general appropriation law
and an emergency law. In these two instances, the General Assembly
by an official "aye" recorded vote, by a vote of four-fifths of the
members voting in each house, has the power to state the time such
laws are to take effect.