Virginia Constitution ARTICLE I - Bill of Rights

The Virginia Constitution – Article I: Bill of Rights is one of the oldest declarations of rights in the United States, first adopted in 1776. It strongly influenced both the U.S. Declaration of Independence and the Bill of Rights in the U.S. Constitution.

Below is a summary of key sections in Article I – Bill of Rights of the Virginia Constitution:

⚖️ Virginia Constitution – Article I: Bill of Rights (Summary of Key Sections)

Section 1 – Equality and Rights of Men

All men are by nature equally free and independent.

Have inherent rights: life, liberty, property, and the pursuit of happiness.

Section 2 – People the Source of Power

All power is vested in, and derived from, the people.

Government is instituted for their benefit.

Section 3 – Government May Be Altered

A majority of the community has the right to reform or abolish the government if it becomes destructive to the public good.

Section 4 – No Exclusive Emoluments

No individual or group is entitled to exclusive privileges unless for public services.

Section 5 – Separation of Powers

Legislative, executive, and judicial powers must be separate and distinct.

Section 6 – Free Elections

Elections should be free, and all citizens should have equal access to representation.

Section 7 – Laws Should Not Be Suspended Without Consent

No power can suspend laws without the legislature’s consent.

Section 8 – Due Process

Protects against deprivation of liberty or property without due process of law.

Includes rights to fair trial, impartial jury, and protection from self-incrimination.

Section 10 – Searches and Seizures

Protects against unreasonable searches and seizures; warrants must be based on probable cause.

Section 11 – Property Rights and Compensation

No private property can be taken for public use without just compensation.

Section 12 – Freedom of the Press and Speech

Free press and speech are protected; these are seen as essential to liberty.

Section 16 – Freedom of Religion

All people are entitled to the free exercise of religion; no one shall be compelled to support any religious worship.

🧭 Importance of Virginia’s Bill of Rights:

Historical Impact: It predates and influenced the U.S. Bill of Rights.

Natural Rights Emphasis: Strongly reflects Enlightenment ideals, particularly those of John Locke.

Modern Legal Use: Still forms the basis for judicial review in Virginia courts.

 

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