The West Virginia state constitution / Robert M. Bastress ; foreword by Franklin D. Cleckley.

Format:

Book

Author/Creator:

Bastress, Robert M., 1948-

Contributor:

Cleckley, Franklin D.

Series:

Oxford commentaries on the state constitutions of the United States.

The Oxford Commentaries on the State Constitutions of the United States

Language:

English

Subjects (All):

Constitutions--West Virginia.

Constitutions.

Constitutional law--West Virginia.

Constitutional law.

Physical Description:

1 online resource (366 pages).

Edition:

1st ed.

Place of Publication:

New York, New York : Oxford University Press, 1995.

Language Note:

English

Summary:

West Virginia became a state in 1863, following its separation from the commonwealth of Virginia brought on, ultimately, by the Civil War. During its history, five state constitutions have governed West Virginia: three as part of Virginia and then two following West Virginia's creation. In The West Virginia State Constitution, Robert M. Bastress provides a historical and legal analysis of each of West Virginia's five constitutions; from its statehood and first constitution in 1863 to the present. An article-by-article analytical commentary on the 1872 constitution and its amendments comprise most of the book, while a table of cases, bibliographical essay, and index complete this excellent research tool designed for anyone interested in West Virginia's constitutional history. Previously published by Greenwood, this title has been brought back in to circulation by Oxford University Press with new verve. Re-printed with standardization of content organization in order to facilitate research across the series, this title, as with all titles in the series, is set to join the dynamic revision cycle of The Oxford Commentaries on the State Constitutions of the United States. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the

series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.

Contents:

Cover

Contents

Series Foreword

Foreword

Acknowledgments

PART ONE: The History of the West Virginia Constitution

The Virginia Constitution of 1776

The Virginia Constitution of 1830

The Virginia Constitution of 1851

The West Virginia Constitution of 1863

Background

The Constitutional Convention of 1861-63

Reconstruction

The West Virginia Constitution of 1872

Amendments and Modernization

PART TWO: The West Virginia Constitution and Commentary

Preamble

Article I. Relations to the Government of the United States

Section 1. Relations to the Government of the United States

Section 2. Internal Government and Police

Section 3. Continuity of Constitutional Operation

Section 4. Representatives to Congress

Article II. The State

Section 1. The State

Section 2. Powers of Government in Citizens

Section 3. Requisites of Citizenship

Section 4. Equal Representation

Section 5. Provisions Regarding Property

Section 6. Treason, What Constitutes-Penalty

Section 7. "Montani Semper Liberi"-State Seal

Section 8. Writs, Commissions, Official Bonds-Indictments

Article III. Bill of Rights

Section 1. Bill of Rights

Section 2. Magistrates Servants of People

Section 3. Rights Reserved to People

Section 4. Writ of Habeas Corpus

Section 5. Excessive Bail Not Required

Section 6. Unreasonable Searches and Seizures Prohibited

Section 7. Freedom of Speech and Press Guaranteed

Section 8. Relating to Civil Suits for Libel

Section 9. Private Property, How Taken

Section 10. Safeguards for Life, Liberty and Property

Section 11. Political Tests Condemned

Section 12. Military Subordinate to Civil Power

Section 13. Right to Jury Trial

Section 14. Trials of Crimes-Provisions in Interest of Accused

Section 15. Religious Freedom Guaranteed.

Section 15a. Voluntary Contemplation, Meditation or Prayer in Schools

Section 16. Right to Public Assembly Held Inviolate

Section 17. Courts Open to All-Justice Administered Speedily

Section 18. Conviction Not to Work Corruption of Blood or Forfeiture

Section 19. Hereditary Emoluments, etc., Provided Against

Section 20. Preservation of Free Government

Section 21. Jury Service for Women

Section 22. Right to Keep and Bear Arms

Article IV. Election and Officers

Section 1. Election and Officers

Section 2. Mode of Voting by Ballot

Section 3. Voter Not Subject to Arrest on Civil Process

Section 4. Persons Entitled to Hold Office-Age Requirements

Section 5. Oath or Affirmation to Support the Constitution

Section 6. Provisions for Removal of Officials

Section 7. General Elections, When Held-Terms of Officials

Section 8. Further Provisions Regarding State's Officers and Agents

Section 9. Impeachment of Officials

Section 10. Fighting of Duels Prohibited

Section 11. Safeguards for Ballots

Section 12. Registration Laws Provided For

Article V. Division of Powers

Section 1. Division of Powers

Article VI. The Legislature

Section 1. The Legislature

Section 2. Composition of Senate and House of Delegates

Section 3. Senators and Delegates-Term of Office

Section 4. Division of State into Senatorial Districts

Section 5. Senatorial Districts Designated

Section 6. Provision for Delegate Representation

Section 7. After Census, Delegate Apportionment

Section 8. Designation of Delegate Districts

Section 9. Further Apportionments

Section 10. Arrangement of Senatorial and Delegate Districts

Section 11. Additional Territory May Be Admitted into State

Section 12. Senators and Delegates Required to Be Residents of District

Section 13. Eligibility to Seat in Legislature.

Section 14. Bribery Conviction Forfeits Eligibility

Section 15. Senators and Delegates Not to Hold Civil Office for Profit

Section 16. Oath of Senators and Delegates

Section 17. Members of Legislature Privileged from Civil Arrest

Section 18. Time and Place of Assembly of Legislature

Section 19. Convening of Legislature by Governor

Section 20. Seat of Government

Section 21. Provisions for Assembling of Legislature Other Than at the Seat of Government

Section 22. Length of Legislative Session

Section 23. Concerning Adjournment

Section 24. Rules Governing Legislative Proceedings

Section 25. Authority to Punish Members

Section 26. Provisions for Undisturbed Transaction of Business

Section 27. Accounting for State Moneys

Section 28. Origination of Bills

Section 29. Requirement for Reading of Bills

Section 30. Acts to Embrace But One Object-Time of Effect

Section 31. How Bills May Be Amended

Section 32. "Majority" Defined

Section 33. Compensation and Expenses of Members

Section 34. Distribution of Laws and Journals Provided For-Contracts for Printing

Section 35. State Not to Be Made Defendant in Any Court

Section 36. Lotteries

Bingo

Raffles

County Option

Section 37. Terms of Office Not to Be Extended After Election

Section 38. Salaries of Officials Cannot Be Increased During Official Terms

Section 39. Local Laws Not to Be Passed in Enumerated Cases

Section 39a. Home Rule for Municipalities

Section 40. Limiting Powers of Court or Judge

Section 41. Each House to Keep Journal of Proceedings

Section 42. Appropriation Bills to Be Specific

Section 43. Board or Court of Registration of Voters Prohibited

Section 44. Election of Legislative, County and Municipal Officers

Section 45. Bribery and Attempt to Bribe-Punishment.

Section 46. Manufacture and Sale of Liquors

Section 47. Incorporation of Religious Denominations Prohibited

Section 48. Homestead Exemption

Section 49. Property of Married Women

Section 50. Plan of Proportional Representation

Section 51. Budget and Supplementary Appropriation Bills

Section 52. Revenues Applicable to Roads

Section 53. Forestry Amendment

Section 54. Continuity of Government Amendment

Article VII. Executive Department

Section 1. Executive Department

Section 2. Election

Section 3. Certification of Election Returns-Contests

Section 4. Eligibility

Section 5. Chief Executive-Powers

Section 6. Governor's Message

Section 7. Extraordinary Legislative Sessions

Section 8. Governor to Nominate Certain Officers

Section 9. Recess Vacancies-How Filled

Section 10. Governor's Power of Removal

Section 11. Executive May Remit Fines and Forfeitures

Section 12. Governor Commander-in-Chief of Military Forces

Section 13. Official Bond of State Officers

Section 14. Governor's Approval or Disapproval of Bills Passed by the Legislature

Section 15. Governor's Approval or Disapproval of Bills Making Appropriations of Money

Section 16. Vacancy in Governorship, How Filled

Section 17. Vacancies in Other Executive Departments

Section 18. Executive Heads to Make Reports

Section 19. Salaries of Officials

Article VIII. Judicial Power

Section 1. Judicial Power

Section 2. Supreme Court of Appeals

Section 3. Supreme Court of Appeals

Jurisdiction and Powers

Officers and Employees

Terms

Section 4. Writ of Error, Supersedeas and Appeal

Scope and Form of Decisions

Section 5. Circuit Courts

Section 6. Circuit Courts

Jurisdiction, Authority and Power

Section 7. General Provisions Relating to Justices, Judges and Magistrates.

Section 8. Censure, Temporary Suspension and Retirement of Justices, Judges and Magistrates

Removal

Section 9. Clerks of Circuit Courts

Section 10. Magistrate Courts

Section 11. Municipal Courts

Section 12. Issuance and Execution of Writs, Warrants and Process

Admission to Bail

Section 13. Parts of Existing Law Effective

Section 14. Pending Causes

Transfer of Causes

Records

Section 15. Offices Phased Out

Effective Date of Article

Certain Provisions to Be Operable at Time Specified

Effect of Article on Certain Provisions of Constitution

Article IX. County Organization

Section 1. County Organization

Section 2. Constables, Coroners and Overseers of the Poor

Section 3. Sheriffs

Section 4. Malfeasance and Misfeasance in Office

Section 5. Commissioning of Officers Not Otherwise Provided For

Section 6. Compensation-Deputies

Section 7. Conservators of the Peace

Section 8. Formation of New Counties

Section 9. County Commissions

Section 10. Terms of Office of County Commissioners

Section 11. Powers of County Commissions

Section 12. Clerk of County Commission

Section 13. Reformation of County Commissions

Article X. Taxation and Finance

Section 1. Taxation and Finance

Section 1a. Exemptions from and Additional Adjustments to Ad Valorem Property Taxation

Section 1b. Property Tax Limitation and Homestead Exemption Amendment of 1982

Section 1c. Exemption from Ad Valorem Taxation of Certain Personal Property of Inventory and Warehouse Goods, With Phase In to Full Exemption over Five-Year Period

Section 2. Capitation Tax. Repealed.

Section 3. Receipts and Expenditures of Public Moneys

Section 4. Limitation on Contracting of State Debt

Section 5. Power of Taxation

Section 6. Credit of State Not to Be Granted in Certain Cases.

Section 6a. Appropriations and Taxation for the Benefit of Counties, Municipalities or Other Political Subdivisions of the State.

Notes:

Bibliographic Level Mode of Issuance: Monograph

Includes bibliographical references and index.

Description based on print version record.

Description based on publisher supplied metadata and other sources.

Contains:

West Virginia. Constitution (1872).

ISBN:

0-19-987775-0

OCLC:

866840674