west virginia constitution

[16] Another provision guarantees students the right to pray in a school but does not mandate school prayer. A vote on the proposed amendment may take place at a general or a special election. It acknowledges the supremacy of the U.S. Constitution and declares that the state constitution is set out according to the principle that powers not enumerated for the federal government are reserved to the states. If a majority of the qualified voters, voting on the question at the polls held pursuant to such law, ratify the proposed amendment, it shall be in force from the time of such ratification, as part of the constitution of the state. The prohibition did not apply to private schools, such as Storer College. The bonds may be issued from time to time for the purposes authorized by this amendment as separate issues or as combined issues. The person holding the office of sheriff when this section is ratified shall not be prevented from holding the office of sheriff during the term immediately following the term he is then serving. Parts of existing law effective. The West Virginia Constitution § 2. Senators and delegates not to hold civil office for profit. This section initially appeared in the 1863 Constitution. [12], Article II sets out the state's boundaries and defines the rights of citizens. Whenever the jurisdiction, powers or duties of any court are terminated or changed, the Legislature shall provide by law for the transfer of all matters pending therein as to which the court shall not thereafter act, together with all of the records and papers pertaining thereto, to a court having jurisdiction, powers or duties as to such matters, and shall provide for the prosecution therein of such matters as if then and there pending. In all such trials, the accused shall be fully and plainly informed of the character and cause of the accusation, and be confronted with the witnesses against him, and shall have the assistance of counsel, and a reasonable time to prepare for his defence; and there shall be awarded to him compulsory process for obtaining witnesses in his favor. The bonds may be issued from time to time for the purposes authorized by this amendment as separate issues or as combined issues. Whenever one or more amendments are submitted at a special election, no other question, issue or matter shall be voted upon at such special election, and the cost of such special election throughout the state shall be paid out of the state treasury. The governor shall nominate, and by and with the advice and consent of the Senate, (a majority of all the senators elected concurring by yeas and nays) appoint all officers whose offices are established by this constitution, or shall be created by law, and whose appointment or election is not otherwise provided for; and no such officer shall be appointed or elected by the Legislature. Fast Download speed and ads Free! Admitted in June 20, 1863 by ratifying the U.S. Constitution, West Virginia became the thirty-fifth state. VI, § 3. This is a local chapter of the national Gold Humanism Honor Society that functions within the West Virginia University School of Medicine, though it is composed of students, residents, faculty who are currently or … U.S. Constitution: subdivistions and names are capitalized and in regular typeface. If the chief judge is temporarily disqualified or unable to serve, one of the judges of the circuit court designated in accordance with the rules of such court shall serve temporarily in his stead. Subject to the supervisory control of the supreme court of appeals, each circuit court shall have general supervisory control over all magistrate courts in the circuit. In criminal proceedings relating to the public revenue, the right of appeal shall belong to the state as well as to the defendant. The Constitution of the Commonwealth of Virginia is the document that defines and limits the powers of the state government and the basic rights of the citizens of the Commonwealth of Virginia.Like all other state constitutions, it is supreme over Virginia's laws and acts of government, though it may be superseded by the United States Constitution and U.S. federal law as per the Supremacy Clause. This article shall take effect from the time of ratification, but in any case where it is specified in this article that a provision shall become operable on and after a certain date, such date shall govern and control as to the operable date of such provision. [5] In 1869, the Flick Amendment created universal manhood suffrage within the state. Ad valorem property taxation shall be in accordance with this section and other applicable provisions of this article not inconsistent with this section. 6-35. But nothing herein shall be construed as preventing the governor from calling extraordinary sessions of the Legislature, as provided by section nineteen of this article, or as preventing the Legislature at such extraordinary sessions from considering any emergency appropriation or appropriations. After every such census, the Legislature shall alter the senatorial districts, so far as may be necessary to make them conform to the foregoing provision. There shall be at least one judge for each circuit court and as many more as may be necessary to transact the business of such court. Personal property of inventories of natural resources shall not be exempt from ad valorem taxation unless required by paramount federal law. It is also a shall-issue state for the application of a gun license. 6-14. (2) The funding or refunding of all or any part of the bonds heretofore issued pursuant to said veterans bonus amendment of one thousand nine hundred fifty. Any of the covenants, agreements or provisions in the acts of the Legislature levying and dedicating such taxes shall be enforceable in any court of competent jurisdiction by any of the holders of the bonds. Established in 2008. The government of the United States is a … [20] While never invoked under the 1872 Constitution, the legislature did utilize this provision in 1863 to add Berkeley and Jefferson Counties to the state following their ratification of the 1863 Constitution in November 1863 after the remainder of the state had done so in March of that year. Regarding the right to bear arms, the West Virginia Constitution states: “A person has the right to keep and bear arms for the defense of self, family, home and state, and for … The 2007 Import and Export Market for Fungicides for Retail Sale in Chile. The WVU student body endorses and grants to the West Virginia University Student Government Association the powers as enumerated in this Constitution. For purposes of this amendment, periods of active duty in a campaign or expedition are designated as: The conflict in Panama, between the twentieth day of December, one thousand nine hundred eighty-nine, through the thirty-first day of January, one thousand nine hundred ninety, both dates inclusive; the conflict in Grenada, between the twenty-third day of October, one thousand nine hundred eighty-three, and the twenty-first day of November, one thousand nine hundred eighty-three, both dates inclusive; and the conflict in Lebanon, between the twenty-fifth day of August, one thousand nine hundred eighty-two, and the twenty-sixth day of February, one thousand nine hundred eighty-four, both dates inclusive. The second and current Constitution of West Virginia dates from 1872. No person connected with the free school system of the state, or with any educational institution of any name or grade under state control, shall be interested in the sale, proceeds or profits of any book or other thing used, or to be used therein, under such penalties as may be prescribed by law: Provided, That nothing herein shall be construed to apply to any work written, or thing invented, by such person. (8) If the budget bill shall not have been finally acted upon by the Legislature three days before the expiration of its regular session, the governor shall issue a proclamation extending the session for such further period as may, in his judgment, be necessary for the passage of the bill; but no matter other than the bill shall be considered during such an extension of a session except a provision for the cost thereof. Commissioning of officers not otherwise provided for. If two or more persons residing in the same district shall receive the greater number of votes cast at any election, then only the one of such persons receiving the highest number shall be declared elected, and the person living in another district, who shall receive the next highest number of votes, shall be declared elected. Amounts in such fund shall be used solely for the purposes of making loans for qualified veterans, providing for the payment or redemption of such bonds and the interest thereon, and providing for the payment of necessary expenses in connection therewith. 15, adopted February 15, 1919, and afterwards ratified by a vote of the people, is hereby revoked as of January 1, 1965, but said amendment shall in all other respects remain in full force and effect. The Legislature shall have the authority to provide by general law for property tax relief to citizens of this state who are tenants of residential or farm property. Except as otherwise provided in section eleven or thirteen of this article, there shall be in each county of the state a county commission, composed of three commissioners, and two of said commissioners shall be a quorum for the transaction of business. Combining new empirical information about political behavior with a close examination of the capacity of the state's government, this second edition is a comprehensive and pointed study of the ability of the state's government to respond to ... Relations to the government of the United States. Jim Justice has agreed to abide by the state constitution and reside in Charleston during his second term in office. But such imprisonment shall not extend beyond the termination of the session, and shall not prevent the punishment of any offence, by the ordinary course of law. CHAPTER 2. When such tribunal has been established, it shall continue to act in lieu of the county commission until otherwise provided by law. Manufacture and sale of liquor. Said commissioners shall annually elect one of their number as president. Upon the convening of the Legislature in each odd-numbered year, each house shall proceed to organize by the election of its officers for two-year terms and both houses shall then in joint assembly open and publish the election returns delivered to the Legislature as prescribed by other provisions of this constitution and by general law. The rolling stock and all other movable property belonging to any railroad company or corporation in this state, shall be considered personal property and shall be liable to execution and sale in the same manner as the personal property of individuals; and the Legislature shall pass no law exempting any such property from execution and sale. Nor shall a new county be formed without the consent of a majority of the voters residing within the boundaries of the proposed new county, and voting on the question. 3-17. No person shall be a senator or delegate who has not for one year next preceding his election, been a resident within the district or county from which he is elected; and if a senator or delegate remove from the district or county for which he was elected, his seat shall be thereby vacated. The members of the commission shall serve without compensation, but shall be entitled to be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their duties as such members. 6-2. Additionally, the sale of "forfeited and delinquent lands" provided funding for the state's nascent educational system, although not as much as drafters such as Gordon Battelle hoped. The officers named in this article shall receive for their services a salary to be established by law, which shall not be increased or diminished during their official terms, and they shall not, after they shall not, after the expirations of the terms of those in office at the adoption of this amendment, receive to their own use any fees, costs, perquisites of office or other compensation, and all fees that may hereafter be payable by law, for any service performed by any officer provided for in this article of the Constitution, shall be paid in advance into the state treasury. Further provisions regarding state's officers and agents. No extra compensation shall be granted or allowed to any public officer, agent, servant or contractor, after the services shall have been rendered or the contract made; nor shall any Legislature authorize the payment of any claim or part thereof, hereafter created against the state, under any agreement or contract made, without express authority of law; and all such unauthorized agreements shall be null and void. Nor shall either, without such consent, adjourn to any other place than that in which the Legislature is sitting. The West Virginia Constitution consists of a preamble followed by 14 articles. The Legislature shall provide for the organization of all corporations hereafter to be created, by general laws, uniform as to the class to which they relate; but no corporation shall be created by special law: Provided, That nothing in this section contained, shall prevent the Legislature from providing by special laws for the connection, by canal, of the waters of the Chesapeake with the Ohio River by line of the James River, Greenbrier, New River and Great Kanawha. Provisions may be made by law for holding special sessions of said commissions. Writs, commissions, official bonds -- Indictments. The arrangement of the senatorial and delegate districts, and apportionment of delegates, shall hereafter be declared by law, as soon as possible after each succeeding census, taken by authority of the United States. CHAPTER 5. After such public hearings he may, in his discretion, revise all estimates except those for the legislative and judiciary departments. They shall reside at the seat of government during their terms of office, keep there the public records, books and papers pertaining to their respective offices, and shall perform such duties as may be prescribed by law. Provisions for assembling of Legislature other than at the seat of government. During his continuance in office a magistrate or officer of such a court shall reside in the county for which he is elected or selected. Any interest that accrues on the issued bonds prior to payment shall only be used for the purposes of the bonds. All money and taxes heretofore payable into the treasury under the provisions of said section four, to the credit of the school fund, shall be hereafter paid into the treasury to the credit of the general school fund for the support of the free schools of the state. Provision shall be made by rules of the supreme court of appeals for the selection of a member of the court to serve as chief justice thereof. The justices shall be elected by the voters of the state for a term of twelve years, unless sooner removed or retired as authorized in this article. The West Virginia Judicial System is an Equal Opportunity Employer committed to providing equal access and unbiased, non-discriminatory treatment to all. Governor to nominate certain officers. The voters of each county shall elect a clerk of the county commission, whose term of office shall be six years. Ballotpedia features 330,522 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. It has long been recognized that the right to the assistance of counsel guaranteed by the Sixth Amendment to the Constitution of the United States, and by Article III, Section 14 of the West Virginia Constitution, embodies a correlative right to waive the assistance of counsel. ARTICLE 1. WEST VIRGINIA CONSTITUTION ARTICLE SIX, SECTION FORTY-SIX 6-46. Senators and delegates--Terms of office. Corporate liability for indebtedness. art. The terms of such officers, not elected, or appointed to fill a vacancy, shall, unless herein otherwise provided, begin on the first day of January; and of the members of the Legislature, on the first day of December next succeeding their election. Each house shall enter the objections at large upon its journal and proceed to reconsider. No decision rendered by the court shall be considered as binding authority upon any court, except in the particular case decided, unless a majority of the justices of the court concur in such decision. The additional delegates necessary to make up the number of which the House is to consist, shall then be assigned to those delegate districts, and counties not included in a delegate district, which would otherwise have the largest fractions unrepresented; but every delegate district and county not included in a delegate district, shall be entitled to at least one delegate. Article III of the West Virginia Constitution is entitled "Bill of Rights" and consists of 22 sections. The boundary claimed by West Virginia was eventually recognized by the U.S. Supreme Court in 1871 with the case Virginia v. West Virginia. Distribution of laws and journals provided for --Contracts for printing. 1-3. And no act of the Legislature, except such as may be passed at the first session under this constitution, shall take effect until the expiration of ninety days after its passage, unless the Legislature shall by a vote of two thirds of the members elected to each house, taken by yeas and nays, otherwise direct. [17] A federal district court partially struck the section down, saying it violated the Establishment Clause, but the remainder of the provision remains in effect.[18]. Open carry is legal in West Virginia without a permit for anyone at least 18 years of age who is not prohibited from carrying a firearm. No justice, judge or magistrate shall be censured, temporarily suspended or retired under the provisions of this section unless he shall have been afforded the right to have a hearing before the supreme court of appeals, nor unless he shall have received notice of the proceedings, with a statement of the cause or causes alleged for his censure, temporary suspension or retirement, at least twenty days before the day on which the proceeding is to commence. No justice, judge or magistrate shall hold any other office, or accept any appointment or public trust, under this or any other government; nor shall he become a candidate for any elective public office or nomination thereto, except a judicial office; and the violation of any of these provisions shall vacate his judicial office. [35] A 1992 amendment repealed most of this article, although sections 1 and 2 remain in force. Senators shall be elected for the term of four years, and delegates for the term of two years. Such bonus shall also be paid to any veteran, otherwise qualified under either of the two sentences next preceding, who was discharged within ninety days after entering the armed forces because of a service-connected disability. 11-8. AMD-10. Supreme court of appeals; jurisdiction and powers; officers and employees; terms. 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