State and Local Government

Lesson 1: VA fun facts

•Population of 7,800,000•Often referred to as “commonwealth of VA”•Statehood in 1788 (10th state)•Made up of 95 counties and 39 independent cities

•In the top 10 in education•Top 12 in health•Top 4 in government management•1st in the country for business for the 4th year•And have a 28% lower crime rate than the national average

Even though we are only ranked 35th in land area and 12th in population, we are:

Lesson 2: Virginia’s Constitution

Constitution of Virginia• The Constitution of

Virginia provides for legislative, executive, and judicial branches.

• It contains 12 articles.• George Mason,

Thomas Jefferson, and James Madison are the chief architects of the Virginia Constitution.

• The original portions were enacted in conjunction with the Declaration of Independence in 1776

• VA was one of the first states to adopt a constitution

• The constitution has been significantly revised 6 times

Article I-Bill of Rights• Article I contains the entire original Virginia Declaration of Rights from the

1776 Constitution. However, several of the sections have been expanded to incorporate concepts from the United States Bill of Rights, including the right to due process, the prohibition against double jeopardy and the right to bear arms. Like the Federal Constitution, the Virginia Bill of Rights, in §17, states that the listing of certain rights is not to be construed to exclude other rights held by the people.

• On November 7, 2006, another amendment, previously approved by the General Assembly, prohibiting same-sex marriage was ratified by Virginia voters to be added to the Bill of Rights. This amendment also prohibits the recognition of any "union, partnership, or other legal status" between unmarried people that intends to approximate marriage or which confers the "rights, benefits, obligations, qualities, or effects of marriage." The Virginia Attorney General has issued an opinion stating that the amendment does not change the legal status of documents such as contracts, wills, or Advanced Medical Directives between unmarried people.

Article II-Franchise and Officers• The second Article of the Constitution sets out the procedures and

mechanisms for voting and holding office. Pursuant to Section 1, any Virginia resident over age 18 may vote in state elections; the voting age was reduced from 21 by a 1972 amendment to the federal constitution.However, § 1 denies the vote to people who have been determined to be mentally incompetent or anyone convicted of a felony. Disenfranchising convicted felons has been found to be consistent with the Equal Protection Clause of the U.S. Constitution.

• Section Five establishes that the only qualifications to hold office in Virginia are that a person must have been a Virginia resident for at least one year and eligible to vote. However, the General Assembly can impose local residency requirements for election to local governmental bodies or for election to the Assembly in representation of particular districts.

Article III-Division of Powers

• Article III confirms the principle of separation of powers between the legislative, executive and judicial branches of government. Separation between the branches of government is also listed as a right of the people in §5 of Article I.

Article IV-Legislature

• Article IV establishes the basic structure and authority of the Virginia legislature. The legislative power of the state is vested in the Virginia General Assembly, which consists of the Virginia Senate and the Virginia House of Delegates. §17 of Article IV gives the legislature the power to impeach members of the executive and judicial branches.

Article V-Executive

• The fifth Article similarly defines the structure and powers of the executive branch. The Governor of Virginia is invested as the chief executive, though §1 of Article V, provides that the Governor may not run for successive terms. The offices of Lieutenant Governor and Attorney General are established as supporting elected constitutional positions.

• The constitutional powers of the Governor include the ability to sign legislation, veto bills (which veto may then be overridden by a two-thirds majority of both houses of the assembly), and issue pardons.

Article VI-Judiciary• Article VI vests judicial power in the Supreme

Court of Virginia, along with the subordinate courts created by the General Assembly. Judges are appointed by a majority vote in the General Assembly to terms of 12 years for Supreme Court Justices and 8 years for other judges. The Supreme Court, pursuant to §5, has the authority to make rules governing the practice of law and procedures in the courts of the commonwealth and the Chief Justice of the Supreme Court is established as the administrative head of the Virginia judicial system.

Article VII-Local Government• Article VII of the Constitution sets up the basic framework

for the structure and function of local government in Virginia. Local government may be established at the town (population over 1000), city (population over 5000), county or regional government level. Article VII gives the General Assembly the power to create general laws for the organization and governing of these political subdivisions, except that regional governments cannot be created without the consent of the majority of the voters in the region.

• Section 4 establishes the constitutional offices of treasurer, sheriff, Commonwealth's Attorney, clerk of court and commissioner of revenue to be elected within each city and county in Virginia.

Article VIII-Education• A compulsory and free primary and secondary

public education for every Virginia child is the focus of Article VIII. The General Assembly is empowered to determine the funding for the educational system and apportion the cost between state and local government. A state Board of Education is established to create school divisions and effectuate the overall educational policies. Actual supervision of the individual schools is delegated to local school boards, provided for in §7

Article IX-Corporations

• The primary purpose of Article IX is to create the Virginia State Corporation Commission, which is charged with administering the laws that regulate corporations. The State Corporation Commission also issues charters for Virginia corporations and licenses to do business for “foreign” (non-Virginia) corporations. Section 5 of Article IX prohibits such foreign corporations from doing anything in Virginia that a Virginia corporation could not do.

Article X-Taxation and Finance

• Article X establishes the basic structure for taxation of personal property in Virginia. Pursuant to this Article, all non-exempt real and personal property is subject to taxation at its fair market value. Section 6 sets out a lengthy list of exempt property, which includes church property, cemeteries, and non-profit school property.

• Significant additions to Article X include §7, a budget amendment, which became effective in 1986, and §7-A, which establishes the "Lottery Proceeds Fund", requiring that all proceeds from the lottery be set aside for educational purposes.

Article XI-Conservation

• Article XI states that it is the general policy of the Commonwealth to preserve, protect and conserve the state’s natural and historic resources. The General Assembly is permitted to further these policies by entering into public-private partnerships or partnerships with federal agencies.

• A 2001 amendment added §4, which establishes hunting and fishing as constitutional rights of Virginians, though the legislature may enact appropriate regulations and restrictions on these rights.

Article XII-Amendments• The last Article creates the mechanism for future changes to

the Constitution. Any amendment to the Constitution must first be passed by a majority in each of the two legislative houses. The proposed amendment must then be held over for consideration by the succeeding elected legislature, where it must again be passed by a majority in each house. The amendment then goes on the general ballot and becomes enacted into the Constitution if approved by a majority of the voters.

• Alternately, a two-thirds majority of both Virginia houses may call for the creation of a constitutional convention. Any revisions or amendments proposed by the constitutional convention are presented to the citizens of Virginia and become law upon approval by a majority of voters.

Lesson 3: Legislative Branch

Capitol Building, Richmond, VA

Senate

• 100 members from single-member districts

• Elected to two-year terms• $17,640/yr.• Represent approx. 71,000Qualifications• 21 years of age at the time

of the election• residents of the districts

they seek to represent• Eligible to vote for the

General Assembly

House of Delegates• 40 members from single-

member districts• Elected to four-year terms• $18,000/yr.• Represent approx. 177,000Qualifications• 21 years of age at the time of

the election• residents of the districts

they seek to represent• Eligible to vote for the

General Assembly

The Legislative Branch is known as the General Assembly

Senate in Session

ElectionsVA is one of only a handful of states that holds state elections on odd numbered years (KY, LA, N.J., MS)

Ex.—the Governor’s race was held in November of 2009 and will be held again in 2013

Deeds McDonnell

Your Representatives to the Assembly

Bill Carrico

• Republican - 5th District

• Counties of Carroll (part), Grayson, Smyth (part), and Wythe (part); City of Galax

• Chilhowie High School (1981)Virginia Highlands Community College (1982)

• State trooper (retired)

Joseph Johnson

• Democrat - 4th District

• Member since 1990

• Counties of Smyth (part) and Washington (part); City of Bristol

• Meadowview High SchoolEmory & Henry College (B.A.)

• U.S. Air Force (1951-55)

• Attorney

William Wampler Jr.• Republican - District 40

Bristol City (All); Grayson County (Part); Lee County (All); Norton City (All); Scott County (All); Smyth County (Part); Washington County (All); Wise County (Part)

• Born in Bristol

• Graduate of University of Tennessee.

• Insurance salesman

Phillip Puckett• Democrat - District 38

• Bland County (All); Buchanan County (All); Dickenson County (All); Pulaski County (Part); Russell County (All); Smyth County (Part); Tazewell County (All); Wise County (Part); Wythe County (Part)

• Born in Russell County, Virginia, August 10, 1947; educated at University of Tennessee

• Vice President of Business Development for First Bank & Trust Company

Presiding Officers

Republican Bill BollingLieutenant Governor

President of the Senate

Republican William J. HowellSpeaker of the House of Delegates

Years

Democrats Republicans Independents

1998–2000 50 49 1

2000–2002 47 52 1

2002–2004 34 64 2

2004–2006 37 61 2

2006–2008 40 57 3

2008–2010 44 54 2

2010–2012 39 59 2

House of Delegates

Balance of Power

RepublicansDemocrats

21

19

The Senate

Balance of Power

Article IV-Legislature

• Article IV establishes the basic structure and authority of the Virginia legislature. The legislative power of the state is vested in the Virginia General Assembly, which consists of the Virginia Senate and the Virginia House of Delegates. §17 of Article IV gives the legislature the power to impeach members of the executive and judicial branches.

Lesson 4: Executive Branch

Article V-Executive

• The fifth Article similarly defines the structure and powers of the executive branch. The Governor of Virginia is invested as the chief executive, though §1 of Article V, provides that the Governor may not run for successive terms. The offices of Lieutenant Governor and Attorney General are established as supporting elected constitutional positions.

• The constitutional powers of the Governor include the ability to sign legislation, veto bills (which veto may then be overridden by a two-thirds majority of both houses of the assembly), and issue pardons.

•Responsible for carrying out laws•Has veto power (may be overridden by 2/3

vote)•Has line-item veto

•Commander-in-chief of VA state militia•Has the power to fill vacancies in positions

unless the position is appointed by the legislature.

•May commute fines or sentences and issue pardons.

•May restore voting rights

Powers

The Governor of Virginia

Governor Tim Kaine

Governor-Elect Bob McDonnell

Qualifications•Must be at least 30 years of age•Must have resided in VA at least

five years prior to the election

Salary

$175,000

Term of Office

The Governor of VA serves for a 4 year term and may not serve two consecutive

terms

56 John S. Battle January 18, 1950 January 20, 1954 Democratic

57 Thomas Bahnson Stanley

January 20, 1954 January 11, 1958 Democratic

58 James Lindsay Almond, Jr.

January 11, 1958 January 13, 1962 Democratic

59 Albertis S. Harrison, Jr.

January 13, 1962 January 15, 1966 Democratic

60 Mills E. Godwin, Jr. January 15, 1966 January 17, 1970 Democratic

61 A. Linwood Holton, Jr.

January 17, 1970 January 12, 1974 Republican

62 Mills E. Godwin, Jr. January 12, 1974 January 14, 1978 Republican

63 John N. Dalton January 14, 1978 January 16, 1982 Republican

64 Chuck Robb January 16, 1982 January 18, 1986 Democratic

65 Gerald L. Baliles January 18, 1986 January 14, 1990 Democratic

66 Douglas Wilder January 14, 1990 January 15, 1994 Democratic

67 George Allen January 15, 1994 January 17, 1998 Republican

68 Jim Gilmore January 17, 1998 January 12, 2002 Republican

69 Mark Warner January 12, 2002 January 14, 2006 Democratic

70 Tim Kaine January 14, 2006 Incumbent Democratic

Notable Governors

1. Patrick Henry (1776)-founding father2. Thomas Jefferson (1779)-3rd president5. Patrick Henry (1784)6. Edmund Randolph (1786)-1st attorney general7. Henry Lee III (1791)-Robert E. Lee’s father11. James Monroe (1811)-5th president22. John Tyler (1825)-10th president

Lieutenant Governor

• Preside over the Senate when it is in session.

• Bill Bolling

Attorney General Attorney General

Bill Mims

Attorney General-ElectKen Cuccinelli

Lesson 5: The Judicial Branch

Article VI-Judiciary• Article VI vests judicial power in the Supreme

Court of Virginia, along with the subordinate courts created by the General Assembly. Judges are appointed by a majority vote in the General Assembly to terms of 12 years for Supreme Court Justices and 8 years for other judges. The Supreme Court, pursuant to §5, has the authority to make rules governing the practice of law and procedures in the courts of the commonwealth and the Chief Justice of the Supreme Court is established as the administrative head of the Virginia judicial system.

Judicial Branch

• Virginia's judicial system consists of four levels of courts:

• Court of Appeals: Provides a review of lower court decisions and state commissions

• Circuit Courts: Has original and appellate jurisdiction in civil and criminal cases

• General District Courts: Has original jurisdiction in misdemeanor and traffic cases, as well as civil cases under $1,000

Final authority in VA rests in the hands of the Virginia

state Supreme Court

The court is mainly

responsible for reviewing

decisions of lower courts

Virginia Justices are chosen by a majority vote of both houses of the General

Assembly

Justices in VA serve for a term of 12

years

The court consists of 7

(not 9) Justices

Leroy Hassell Jr.Chief Justice

Honorable Leroy Hassell Honorable Barbara Keenan

Honorable Lawerence Koontz Honorable Cynthia KinserHonorable Donald Lemons

Honorable Bernard GoodwynHonorable Leroy Millette

Virginia’s Justices

Lesson 6: Smyth County Government

Local Government• Regional authorities are political

subdivisions of the state and address needs that cross local government boundaries. 

• Counties and independent cities, as units of local government, adopt and enforce ordinances and provide services for their residents. 

• An elected board of supervisors is generally responsible for the legislative and administrative affairs of the county. 

Smyth County Board of Supervisors

• A board of supervisors has legislative (pass and repeal laws), executive (controls county departments), and quasi-judicial powers (land use planning)

Examples of duties include:• responsible for approving the county

budget• setting tax rates• hiring a county administrator who

oversees day-to-day operations

District Name Address Phone

AtkinsBrenda Waddell

bwaddell@smythcounty.org 

125 Mulberry LaneAtkins, VA  24311

276-783-5757

ChilhowieWade H. Blevins

wblevins@smythcounty.org522 Town Spring Road

Chilhowie, VA  24319276-646-5312

NorthforkCharlie Clark-Chairman

cclark@smythcounty.org4672 Valley Road

Saltville, VA  24370276-624-3272

ParkTodd Dishner

tdishner@smythcounty.org202 Spring Valley Road

Marion, VA  24354276-783-2096

Royal OakMarvin R. Perry

mperry@smythcounty.org247 Fairfield Lane

Marion, VA  24354276-646-5500

Rye ValleyDarlene R. Neitch-Vice Chairperson

dneitch@smythcounty.org199 Belle Hollow Road

Chilhowie, VA  24319276-646-3902

SaltvilleMichael D. Roberts

mroberts@smythcounty.org114 Russell Street

Saltville, VA  24370276-496-5622

Term of 4 years

School BoardDistrict Board Member

Atkins Laura B. Hall

Chilhowie Charles E. Doane

North Fork Jim Coulthard

Park Sam Hambrick

Royal Oak Susan L. Sneed

Rye Valley Jesse Choate

Saltville Jerry W. Catron

Elected to 4 year terms.