against the executive or judicial officers of the state. Impeachment
charges may be brought for malfeasance (unlawful or wrongful action)
in office, corruption, neglect of duty, or other high crimes or
misdemeanors. Such charges are prosecuted before the Senate which
has the sole power to try impeachments. A two-thirds affirmative
vote of the senators present is necessary for conviction. If an
individual is convicted of impeachment charges, he is subject to the
following penalties: removal from office and disqualification from
further office-holding under the State. In addition, the individual
is subject to indictment (a formal charge of crime presented by a
grand jury), trial, judgment and punishment according to law. It is
possible in Virginia for the Senate to try impeachments during the
recess of the General Assembly if the charges are preferred before
adjournment.
In addition to passing state laws, the General Assembly also has
the responsibility of electing (1) the judges of the Supreme Court
of the State where terms have expired and (2) the judges of all
circuit, corporate and chancery courts. Although the Governor
appoints all the executive department heads, appointments generally
must be approved by the General Assembly and likewise, all
commission member appointments must be confirmed or rejected by the
General Assembly.
According to the Federal Constitution, each state is represented in
the United States Senate by two senators usually elected directly
by the qualified voters of the state. The number of representatives
from each state in the United States House of Representatives
is based upon the proportional population of each state to the
others. According to the last national census, the state of
Virginia is entitled to ten members in the United States House of
Representatives, based upon its population in proportion to the
other states. In order to determine the sections of the state each
member will represent, the state legislatures usually are given the
power to divide their states into Congressional election districts
as well as state election districts. Therefore, the Virginia General
Assembly has the power to apportion the State into Congressional
districts. Virginia has, at the present time, ten Congressional
election districts. The state Constitution provides that these
districts must "be composed of contiguous (adjacent) and compact
territory containing as nearly as practicable, an equal number of
inhabitants."
Section 58 of Article IV of the Virginia Constitution is considered
so significant that it is required by the General Assembly to be
included in the subject matter of all schools in the state. Its
significance lies in the provisions included in this section which
guarantee added protection to individual liberties by a series of
prohibitions on the General Assembly itself. These prohibitions
include the following:
(1) The General Assembly cannot suspend the writ of habeas corpus
unless when, in case of invasion or rebellion, such action is
required for public safety. Habeas corpus, literally, is a Latin
expression meaning "You have the body"; a writ is a written legal
command or order. Therefore, a writ of habeas corpus is an official
order commanding a person who has another person in custody to
produce the body of such person who is being detained before
a court; thus, any person arrested or otherwise detained upon
suspicion of crime has the right to demand an immediate hearing in
court with a view to determine officially whether or not there is
adequate ground for his detention. If the prisoner is then believed
to have been detained on insufficient grounds, he will be given
his freedom; otherwise, he will be held for trial, with or without
release on bail. Consequently, the writ of habeas corpus acts as a
protection for each individual against possible illegal or unlawful
imprisonment.
(2) The General Assembly cannot pass a bill of attainder. In English
law, a bill of attainder was an act of Parliament which pronounced
the sentence of death against an accused person with consequent
complete destruction of his civil rights without even a trial being
conducted. In the Seventeenth Century these bills were commonly used
in England. The writers of the Virginia Constitution did not believe
in having an individual punished or convicted of a crime without a
trial by jury in a court with proper jurisdiction. This prohibition
guarantees a fair trial and means that an individual is "not guilty"
until proven "guilty" of violating some law or constitutional
provision.
(3) The General Assembly cannot pass an ex post facto law. "Ex
post facto" literally means "after the fact." An ex post facto
law is defined by the United States Supreme Court as one which
"makes an action done before the passing of the law, and which was
innocent when done, criminal, and punishes such action." Therefore,
the legislature cannot pass criminal legislation after an alleged
crime has been committed that, if brought to bear against an
accused person, would be to his disadvantage. Retroactive criminal
legislation which is not detrimental to an accused person is
permissible (for example, a law reducing a penalty). Therefore, only
those individuals who violated a law after a law has been passed are
subject to punishment.
(4) The General Assembly cannot pass a law impairing the obligation
of contracts. A contract is a formal agreement between two or more
persons binding them to a particular action. Such contracts play
a most important role in society today and must be regarded with
utmost sincerity. The United States Constitution specifically
prohibits the states from passing any law which would impair the
obligation of contracts, would weaken their effect or would make
them more difficult to enforce.
(5) The General Assembly cannot pass a law abridging the freedom
of speech or of the press. Individuals are granted the right to
participate in political discussion and criticism and in the
interchanging of ideas and opinions in general. This, however,
does not guarantee absolute freedom: one cannot utter or publish
untruths, incite insurrections, encourage the disobedience of laws,
defame the government, or give aid and comfort to foreign countries
involved in war against the United States. One can easily understand
the necessity for such limitations to freedom.
(6) The General Assembly cannot enact a law whereby private property
would be taken or damaged for public uses without just compensation.
The General Assembly has the authority to define the term "Public
Uses." Originally in Virginia, the courts decided this definition,
but an amendment later transferred this power from the courts to the
General Assembly, making it a legislative rather than a judicial
decision. The sovereign power of a state to take private property
for public purposes with proper compensation is called the "right of
eminent domain." The General Assembly must abide by such a right.
Therefore, a resident in Virginia is guaranteed protection from
having his private property seized from him for unfair or unjust
compensation. In case of a dispute over the fair value of such
property, the court decides the fair amount.
(7) The General Assembly cannot compel an individual to frequent or
support a particular religious place of worship and cannot force an
individual to suffer because of his religious beliefs or opinions.
All individuals are to be guaranteed their religious freedom and the
General Assembly cannot require religious tests, bestow certain
privileges or advantages to a particular sect or denomination and
cannot pass any law requiring or authorizing any official church
within the state. Likewise, the General Assembly cannot levy taxes
on the people forcing them to support the activities of a particular
church or the building program of any house of worship. The General
Assembly, therefore, is forbidden to interfere with the religious
belief and worship of the inhabitants within the state. Another
section of the Constitution forbids the General Assembly from
incorporating churches or granting charters of incorporation to any
religious denomination.
These religious safeguards for a person's individual beliefs are
primarily repetitions of the provisions of Thomas Jefferson's
"Statute of Virginia for Religious Freedom." Since it is more
difficult to change a provision of a constitution than a statute or
a law, these provisions were included in the Virginia Constitution
for emphasis and for a more enduring effect.
The General Assembly is also forbidden to authorize lotteries (the
distribution of prizes determined by chance or by lot) or to allow
the residents of the state to buy, sell, or transfer lottery tickets
or chances.
An extremely important power of every state legislature is the
creation of political subdivisions within the state itself: namely,
the counties. The Virginia Constitution specifically provides for
the formation, division and consolidation of counties. A new county
must have a minimum area of 600 square miles and the county or
counties from which it is formed cannot be less than 600 square
miles after the new county has been formed. No county can be reduced
in population below 8,000 people. Whenever any county has a length
three times its breadth, or has a length exceeding fifty miles, it
may be divided at the discretion of the General Assembly. Such added
length can occur as a result of boundary changes or the annexation
of territory. The General Assembly may consolidate existing
counties upon the approval of a majority of the qualified voters
of each of these counties voting as a result of an election held
for this specific purpose. If the majority do not vote approval of
consolidation, such consolidation cannot take place.
Virginia had eight counties originally, dating from 1634: Accawmack
(now known as Accomack and Northampton), Charles City (now known
as Prince George County), Charles River (now known as York
County), Elizabeth City (ceased as a county in 1952), Henrico,
James City (now known as Surry County), Wamosquyoake (no longer in
existence--existed only from 1634-1637) and Warwick River (known as
Warwick but ceased as a county in 1952). In 1648, an Indian district
called Chickacoan was formed into the County of Northumberland. From
these nine counties eventually 172 counties were created, with the
largest number, 116, created from Northumberland. The last change
in the number of counties occurred in 1952 when both Elizabeth City
County and Warwick County became first class independent cities,
thus relinquishing county status. At the present time, there are 98
counties in Virginia. Furthermore, since 1788, nine counties became
part of the present state of Kentucky, fifty counties became part of
the present state of West Virginia and fifteen counties (including
the two mentioned previously) went out of existence through
consolidation or other methods. The General Assembly has exercised
and will continue to exercise its power of county-making in Virginia.
In the Virginia Supreme Court case of Moss versus County of
Tazewell, the decision stated that "the power of the legislature
of the State is supreme, except so far as it is restrained by
State or Federal Constitution." Therefore, a State constitution is
usually considered as a restraining agreement whereby the Federal
Constitution is considered as a granting agreement. Thus, the
legislative body of a State has all the powers not prohibited to it
by the State or Federal Constitution. A State constitution is often,
therefore, a summary of what the state legislative body may not do.
The Virginia Constitution specifically states that "the authority of
the General Assembly shall extend to all subjects of legislation,
not herein forbidden or unrestricted; and a specific grant of
authority in this Constitution upon a subject shall not work a
restriction of its authority upon the same or any other subject."
The principles described are further emphasized in this quotation
from the Virginia Constitution which follows: "The omission in this
Constitution of specific grants of authority heretofore conferred
shall not be construed to deprive the General Assembly of such
authority, or to indicate a change of policy in reference thereto,
unless such purpose plainly appear."
There are several limitations placed upon the General Assembly by
the Constitution: the General Assembly cannot enact any local,
special or private law in the following instances (but can enact
general laws in the same instances):
(1) for the punishment of crime,
(2) for providing a change of venue (the place where a trial is
held) in civil or criminal cases,
(3) for regulating the jurisdiction of, or changing the rules of,
evidence in any judicial proceeding,
(4) for changing county seats,
(5) for assessing and collecting taxes and for extending the time
for assessment or collection of taxes,
(6) for exempting property from taxation,
(7) for postponing or diminishing any obligation or liability of any
person, corporation or association to the State or to any local unit
of government,
(8) for refunding money lawfully paid into the treasury of the State
or the treasury of any local unit of government,
(9) for granting from the treasury of the State any extra
compensation to any public officer, servant, agent or contractor,
(10) for conducting elections or designating places of voting,
(11) for regulating labor, trade, mining or manufacturing, or the
rate of interest on money,
(12) for granting any pension,
(13) for creating, increasing or decreasing fees, salaries,
percentages, or allowances of public officers during the term for
which they are elected or appointed,
(14) for declaring streams navigable or authorizing the
constructions of booms or dams or the removal of obstructions from
such streams,
(15) for regulating fencing or the boundaries of land, or the
running at large of stock,
(16) for creating private corporations, or amending, renewing, or
extending their charters,
(17) for granting to any private corporation, association or
individual any special or exclusive right, privilege or immunity,
(18) for naming or changing the name of any private corporation or
association,
(19) for forfeiting the charter of a private corporation.
* * * * *
General laws pertaining to the above subjects may be amended or
repealed as long as they do not have the effect of enactment of a
special, private, or local law.
The General Assembly also has the power, by means of general law,
to confer upon boards of supervisors of counties and the councils
of cities and towns powers of local and special legislation insofar
as the delegation of power is not inconsistent with constitutional
limitations.
Each time the regular session of the legislature is held, the
General Assembly appoints a standing committee, called the auditing
committee which consists of two members of the Senate and three
members of the House of Delegates. The chief function of this
committee is to examine, at least once a year, the books of the
State Treasurer and other government executive officers whose
duties concern auditing or accounting for the State revenue and of
the public institutions. This committee reports the results of its
investigations to the Governor and must arrange for publication
of results in two newspapers of general circulation. The Governor
himself submits such reports to the General Assembly at the
beginning of each session. The members of this committee have the
right to employ accountants to assist them in carrying out their
investigations.
The Executive Department--Article V of the Virginia Constitution
concerns the Executive Department. The chief function of the
Executive Department is to enforce or carry out the laws. The
highest executive officer in the State is the Governor. He receives
his position by direct election of the qualified voters on the
Tuesday following the first Monday in November of every other
odd-numbered year--at the same time and place as the election of
the General Assembly members. The term of office for a Governor is,
therefore, four years. He is not eligible for re-election to the
same office during the succeeding term; in other words, a Governor
cannot succeed himself.
The Governor's term begins on the third Wednesday in January on the
first year after his election and ends on the Tuesday following the
second Wednesday in January of his fourth year. This timing allows a
new Governor to come into office one week after the General Assembly
has convened for its regular session and has had the opportunity to
organize. The interval also affords an opportunity for the outgoing
Governor to present his opinions and experiences to the state
legislature before his departure.
After the votes have been cast for the State gubernatorial
(Governor) candidates, the returns of the election are usually sent,
under seal, to the Secretary of the Commonwealth. He delivers the
returns to the Speaker of the House of Delegates on the first day
of the next session of the General Assembly. Within three days,
the Speaker of the House of Delegates must open the returns in the
presence of a majority of the Senate and of the House of Delegates.
Then the votes are counted. The person who receives the highest
number of votes is declared elected. If there is a tie, however, the
two houses of the General Assembly jointly vote for the Governor.
In order to be eligible for the governorship, a candidate must have
three qualifications: (1) he must be a United States citizen (if not
a native-born citizen, he must have been naturalized for at least
ten years preceding his election), (2) he must be at least thirty
years of age and (3) he must have been a resident in the State of
Virginia for at least five years directly preceding his election.
The Governor must live in the city of Richmond, the capital of
Virginia, during his term of office. He resides at the Executive
Mansion and receives at the present time a salary of $20,000 per
year. Such compensation cannot be increased or diminished during his
term of office. He cannot receive any other emolument (money) while
in office from the state government or from any other government and
he cannot hold any other position while he is Governor of the State.
The chief duty or power of the Governor is to faithfully administer
or execute the laws. Other powers include:
(1) reporting to each session of the General Assembly the condition
of the State in a message known as the "Governor's Message"
(2) recommending to the General Assembly for consideration measures
which he believes are beneficial to the State
(3) convening the General Assembly whenever two-thirds of the
members of both houses request it
(4) convening the General Assembly into special session whenever, in
his opinion, the interest of the State requires it
(5) acting as the commander-in-chief of the State land and naval
forces
(6) calling out the State militia or State Police whenever necessary
to repel invasion, suppress insurrection and enforce the execution
of the laws
(7) conducting all relations with other states
(8) during the recess of the General Assembly, suspending from
office for misbehavior, incapacity, neglect of official duty, or
acts performed illegally, any executive officer in Richmond except
the Lieutenant-Governor (whenever he exercises this power, however,
he must report to the General Assembly, at the beginning of the
next session, the fact that he suspended an officer or officers and
the cause for such suspension: then the General Assembly itself
determines whether or not such individuals are to be restored or
finally removed from office).
(9) during the recess of the General Assembly, appointing pro
tempore (temporary) successors to all individuals suspended (as
described previously)
(10) likewise, during the recess of the General Assembly, filling
pro tempore vacancies in all offices of the State if such filling
is not otherwise provided for by the Constitution or by laws. (Such
appointments must be by commissions which automatically expire at
the end of thirty days after the beginning of the next session of
the General Assembly).
(11) remitting fines and penalties under rules and regulations as
prescribed by law
(12) granting reprieves and pardons after conviction except those in
which the House of Delegates carried on the prosecution
(13) removing political disabilities resulting from conviction for
offenses committed prior to or subsequent to the adoption of the
State Constitution
[Illustration: VIRGINIA STATE CHAMBER OF COMMERCE
_Executive Mansion_]
(14) commuting sentences of capital punishment
(15) informing the General Assembly, at each session, of the details
of each case of fine or penalty remitted, of each reprieve or pardon
granted, and of punishment commuted, plus his reason for doing so.
(16) requiring information in writing, under oath, from the
officers of the executive department and superintendents of State
institutions upon any subject relating to the duties of their
respective offices and institutions (Likewise, he may inspect at any
time their official books, accounts and vouchers, and ascertain the
conditions of the public funds in their charge and he may employ
accountants for this purpose)
(17) requiring the opinion in writing of the State Attorney-General
concerning any question of law affecting his official duties as
Governor or relating to the affairs of the Commonwealth
(18) legally certifying all commissions and grants in the name of
the Commonwealth of Virginia and affixing each with the official
seal of the Commonwealth
(19) supervising the activities of all State Executive Departments,
Divisions, Boards and Commissions and appointing all the chief
officers and members of such groups with the consent or confirmation
of the General Assembly
(20) appointing certain officials, subject to confirmation by the
General Assembly (for example, the Secretary of the Commonwealth,
the State Treasurer)
(21) considering all bills passed by the General Assembly
* * * * *
The Governor's responsibility in the law-making process is
significant. After a bill has passed both houses of the General
Assembly, it is sent to the Governor who has four choices of action:
(1) He may approve the bill by signing it; it becomes a law.
(2) He may disapprove the bill by vetoing it; he then returns it
with his objections to the house in which it originated. This house
enters such objections on its journal and reconsiders the bill in
view of such objections. If, after careful consideration, two-thirds
of the members present (at least a majority of the membership of
that house is required as a minimum present for voting) still
approve the bill, it is sent with the Governor's objections to the
other house. After careful consideration here, if it is approved by
two-thirds of all the members present (at least a majority of the
membership of this house is also required as the minimum present for
voting), it will become a law over the Governor's disapproval. This
process is called "Over-riding the Veto." The Governor also has
the power to veto any particular item or items of an appropriation
bill without vetoing the entire bill. Such veto affects only the
particular item or designated items. In such a case, the item or
items must be considered by the same methods described previously.
If the Governor favors the general purpose of any bill but opposes
a part or certain parts, he may return it with recommendations
for amending it to the house in which is originated with the same
procedures described previously being used. One exception, however,
exists: a vote of only a majority of the members present in each
house is required to amend a bill.