The West Virginia state constitution /
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Author / Creator: | Bastress, Robert M., 1948- writer of added commentary. |
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Edition: | Second Edition. |
Imprint: | New York : Oxford University Press, ©2016 |
Description: | xix, 380 pages ; 24 cm. |
Language: | English |
Series: | The Oxford commentaries on the state constitutions of the United States Oxford commentaries on the state constitutions of the United States. |
Subject: | |
Format: | Print Book |
URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/10539647 |
Table of Contents:
- Series Foreword
- Foreword
- Acknowledgments
- Part 1. 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 2. 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 l6. 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 Re turns-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
- Section 16. Family Courts
- 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
- Section 7. Duties of County Authorities in Assessing Taxes
- Section 8. Bonded Indebtedness of Counties, etc.
- Section 8a. Issuance of Bonds or Other Obligations Payable from Property Taxes on Increases in Value Due to Economic Development or Redevelopment Projects in Counties and Municipalities
- Section 9. Municipal Taxes to Be Uniform
- Section 10. School Levy and Bond Amendment
- Section 11. County and Municipal Excess Levy Amendment
- Section 12. Nonprofit Youth Organization Revenue Exemption
- Article XI. Corporations
- Section 1. Corporations
- Section 2. Corporate Liability for Indebtedness
- Section 3. Exclusive Privileges Prohibited
- Section 4. Rights of Stockholders
- Section 5. Street Railroads
- Section 6. Banks
- Section 7. Railroads
- Section 8. Rolling Stock Considered Personal Property
- Section 9. Railroads Public Highways
- Section 10. Stations to Be Established
- Section 11. Competing Lines-Legislative Permission
- Section 12. Right of Eminent Domain
- Article XII. Education
- Section 1. Education
- Section 2. Supervision of Free Schools
- Section 3. County Superintendents
- Section 4. Existing Permanent and Invested School Fund
- Section 5. Support of Free Schools
- Section 6. School Districts
- Section 7. Levies for School Purposes
- Section 8. Mixed Schools Prohibited. Repealed
- Section 9. Certain Acts Prohibited
- Section 10. Creation of Independent Free School District
- Section 11. Appropriation for State Normal Schools
- Section 12. Legislature to Foster General School Improvement
- Article XIII. Land Titles
- Section 1. Land Titles
- Section 2. Land Entry Prohibited
- Section 3. Forfeited Lands. Repealed
- Section 4. Waste and Unappropriated Lands. Repealed
- Section 5. Former Owner's Privilege. Repealed
- Section 6. Land Books-Taxes. Repealed
- Article XIV. Amendments
- Section 1. Amendments
- Section 2. How Amendments Are Made
- Amendments to the Constitution
- The Judicial Amendment
- The Irreducible School Fund Amendment
- Other Amendments
- Bibliographical Essay
- Table of Cases
- Index
- About the Author