Government of Virginia - AbsoluteAstronomy.com

The government of Virginia combines the three branches of authority in the Commonwealth of Virginia

Virginia

The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...

. The current Governor of Virginia is Bob McDonnell

Bob McDonnell

Robert Francis "Bob" McDonnell is an American politician who has been the 71st Governor of Virginia since January 2010. A former lieutenant colonel in the United States Army, McDonnell served in the Virginia House of Delegates from 1993 to 2006 and served as Attorney General of Virginia from 2006...

. The State Capitol

Virginia State Capitol

The Virginia State Capitol is the seat of state government in the Commonwealth of Virginia, located in Richmond, the third capital of Virginia. It houses the oldest legislative body in the United States, the Virginia General Assembly...

building in Richmond was designed by Thomas Jefferson, and the cornerstone was laid by Governor Patrick Henry in 1785. Virginia currently functions under the 1971 Constitution of Virginia

Constitution of Virginia

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 U.S. Commonwealth of Virginia. Like all other state constitutions, it is supreme over Virginia's laws and acts of government,...

. It is the Commonwealth's seventh constitution

Constitution

A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...

. Under the Constitution, the government is composed of three branches: legislative, executive, and judicial.

History

In colonial Virginia, the lower house of the legislature was called the House of Burgesses

House of Burgesses

The House of Burgesses was the first assembly of elected representatives of English colonists in North America. The House was established by the Virginia Company, who created the body as part of an effort to encourage English craftsmen to settle in North America...

. Together with the Governor's Council, the House of Burgesses made up the "General Assembly". The Governor's Council was composed of 12 men appointed by the British Monarch to advise the Governor. The Council also served as the "General Court" of the colony, a colonial equivalent of a Supreme Court

Supreme court

A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...

. Members of the House of Burgesses were chosen by all those who could vote in the colony. Each county chose two people or burgesses to represent it, while the College of William and Mary

College of William and Mary

The College of William & Mary in Virginia is a public research university located in Williamsburg, Virginia, United States...

and the cities of Norfolk

Norfolk, Virginia

Norfolk is an independent city in the Commonwealth of Virginia in the United States. With a population of 242,803 as of the 2010 Census, it is Virginia's second-largest city behind neighboring Virginia Beach....

, Williamsburg

Williamsburg, Virginia

Williamsburg is an independent city located on the Virginia Peninsula in the Hampton Roads metropolitan area of Virginia, USA. As of the 2010 Census, the city had an estimated population of 14,068. It is bordered by James City County and York County, and is an independent city...

and Jamestown

Jamestown, Virginia

Jamestown was a settlement in the Colony of Virginia. Established by the Virginia Company of London as "James Fort" on May 14, 1607 , it was the first permanent English settlement in what is now the United States, following several earlier failed attempts, including the Lost Colony of Roanoke...

each chose one burgess. The Burgesses met to make laws for the colony and set the direction for its future growth; the Council would then review the laws and either approve or disapprove them. The approval of the Burgesses, the Council, and the governor was needed to pass a law. The idea of electing burgesses was important and new. It gave Virginians a chance to control their own government for the first time. At first, the burgesses were elected by all free men in the colony. Women, indentured servants, and Native American

Native Americans in the United States

Native Americans in the United States are the indigenous peoples in North America within the boundaries of the present-day continental United States, parts of Alaska, and the island state of Hawaii. They are composed of numerous, distinct tribes, states, and ethnic groups, many of which survive as...

s could not vote. Later the rules for voting changed, making it necessary for men to own at least fifty acres (200,000 m²) of land in order to vote. Founded in 1619, the Virginia General Assembly

Virginia General Assembly

The Virginia General Assembly is the legislative body of the Commonwealth of Virginia, and the oldest legislative body in the Western Hemisphere, established on July 30, 1619. The General Assembly is a bicameral body consisting of a lower house, the Virginia House of Delegates, with 100 members,...

is still in existence as the oldest legislature in the New World.

Like many other states, by the 1850s Virginia featured a state legislature, several executive officers, and an independent judiciary. By the time of the Constitution of 1901, which lasted longer than any other state constitution, the General Assembly continued as the legislature, the Supreme Court of Appeals acted as the judiciary, and the eight executive officers were elected: the Governor, Lieutenant Governor, Attorney General, Secretary of the Commonwealth, State Treasurer, Auditor of Public Accounts, Superintendent of Public Instruction, and Commissioner of Agriculture and Immigration. The Constitution of 1901 was amended many times, notably in the 1930s and 1950s, before it was abandoned in favor of more modern government, with fewer elected officials, reformed local governments and a more streamlined judiciary.

Elections

Virginia is one of only five states that elects its state officials in odd numbered years (The others are Kentucky, Louisiana

Louisiana

Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...

, Mississippi

Mississippi

Mississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi...

, and New Jersey

New Jersey

New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...

). Virginia holds elections for these offices every 4 years in the years following Presidential election years. Thus, the last year when Virginia elected a Governor was 2009; the next gubernatorial election will occur in 2013, with future gubernatorial elections to take place in 2017, 2021, 2025, etc. Since 1977, Virginia has elected a Governor of the opposite political party compared to the current President of the United States of the time.

Local elections are held at varying times.

Balance of power

Virginia Government balance of power

Office	Party in Power	Assumed Control	Next Election
Governor Governor of Virginia The governor of Virginia serves as the chief executive of the Commonwealth of Virginia for a four-year term. The position is currently held by Republican Bob McDonnell, who was inaugurated on January 16, 2010, as the 71st governor of Virginia....	Republican (McDonnell Bob McDonnell Robert Francis "Bob" McDonnell is an American politician who has been the 71st Governor of Virginia since January 2010. A former lieutenant colonel in the United States Army, McDonnell served in the Virginia House of Delegates from 1993 to 2006 and served as Attorney General of Virginia from 2006... )	January 16, 2010 (McDonnell)	November 12, 2013
Lieutenant Governor Lieutenant Governor of Virginia The Lieutenant Governor is a constitutional officer of the Commonwealth of Virginia. The Lieutenant Governor is elected every four years along with the Governor and Attorney General. The office is currently held by Republican William T. Bolling. The governor and lieutenant governor are elected...	Republican (Bolling Bill Bolling William T. "Bill" Bolling is the current Lieutenant Governor of Virginia. Running as a Republican, he was elected twice to the position by defeating his Democratic opponent in both the 2005 and 2009 general elections. He is the first Lieutenant Governor in the Commonwealth of Virginia to serve two... )	January 14, 2006 (Bolling Bill Bolling William T. "Bill" Bolling is the current Lieutenant Governor of Virginia. Running as a Republican, he was elected twice to the position by defeating his Democratic opponent in both the 2005 and 2009 general elections. He is the first Lieutenant Governor in the Commonwealth of Virginia to serve two... )	November 12, 2013
Attorney General Attorney General of Virginia The Attorney General of Virginia is an executive office in the Government of Virginia. Attorneys General are elected for a four-year term in the year following a presidential election . There are no term limits restricting the number of terms someone can serve as Attorney General...	Republican (Cuccinelli Ken Cuccinelli Kenneth Thomas 'Ken' Cuccinelli II is a U.S. politician and the Attorney General of Virginia. From 2002 until January 16, 2010 he was a Republican member of the Senate of Virginia, representing the 37th district in Fairfax County... )	January 1994 (Gilmore Jim Gilmore James Stuart "Jim" Gilmore III is an American politician from the Commonwealth of Virginia, former 68th Governor of Virginia, and a member of the Republican Party. A native Virginian, Gilmore studied at the University of Virginia, and then served in the U.S. Army as a counterintelligence agent... )	November 12, 2013
Virginia Senate	Democratic (22/40 seats)	January 2007 (21/40 seats)	November 8, 2011
Virginia House of Delegates Virginia House of Delegates The Virginia House of Delegates is the lower house of the Virginia General Assembly. It has 100 members elected for terms of two years; unlike most states, these elections take place during odd-numbered years. The House is presided over by the Speaker of the House, who is elected from among the...	Republican (61/100 seats)	January 2000 (52/100 seats)	November 8, 2011

As of January 17, 2010, Republicans control 59 seats of the Virginia House of Delegates, Democrats control 38, and two independent delegates caucus with the Republicans. A special election is scheduled for March 2, 2010, to determine who will fill a vacant seat left by Democrat David W. Marsden

David W. Marsden

David W. "Dave" Marsden is an American politician of the Democratic Party. He currently represents the 37th district in the Senate of Virginia which is a portion of Fairfax County. Since 2006 and prior to serving in the State Senate, he served in the Virginia House of Delegates representing the...

(who won a prior special election to fill a state Senate seat vacated by Ken Cuccinelli).

Legislative branch

The legislative branch or state legislature is the General Assembly

Virginia General Assembly

, a bicameral body whose 140 members make all laws of the Commonwealth. Members of the Virginia House of Delegates

Virginia House of Delegates

The Virginia House of Delegates is the lower house of the Virginia General Assembly. It has 100 members elected for terms of two years; unlike most states, these elections take place during odd-numbered years. The House is presided over by the Speaker of the House, who is elected from among the...

serve two-year terms, while members of the Virginia Senate serve four-year terms. The General Assembly also selects the Commonwealth's Auditor of Public Accounts. The statutory law enacted by the General Assembly is codified in the Code of Virginia

Code of Virginia

The Code of Virginia is the statutory law of the U.S. state of Virginia, and consists of the codified legislation of the Virginia General Assembly. The 1950 Code of Virginia is the revision currently in force...

Executive branch

The most powerful officials of the executive branch are the Governor, the Lieutenant Governor

Lieutenant Governor of Virginia

The Lieutenant Governor is a constitutional officer of the Commonwealth of Virginia. The Lieutenant Governor is elected every four years along with the Governor and Attorney General. The office is currently held by Republican William T. Bolling. The governor and lieutenant governor are elected...

, and the Attorney General

Attorney General of Virginia

The Attorney General of Virginia is an executive office in the Government of Virginia. Attorneys General are elected for a four-year term in the year following a presidential election . There are no term limits restricting the number of terms someone can serve as Attorney General...

. They are the only three officials elected statewide. All three officers are separately elected to four-year terms in years following Presidential elections (1997, 2001, 2005, etc) and take office in January of the following year.

The governor serves as chief executive officer of the Commonwealth and as commander-in-chief of its militia. The Constitution does not allow a governor to succeed himself in office (though a governor is allowed to serve multiple non-consecutive terms). The Lieutenant Governor, who is not elected on the same ticket as the governor, serves as president of the Senate of Virginia

Senate of Virginia

The Senate of Virginia is the upper house of the Virginia General Assembly. The Senate is composed of 40 Senators representing an equal number of single-member constituent districts. The Senate is presided over by the Lieutenant Governor of Virginia...

and is first in the line of succession to the governor. The Lieutenant Governor is allowed to run for reelection. The Attorney General is chief legal advisor to the governor and the General Assembly, chief lawyer of the Commonwealth and the head of the Department of Law. The attorney general is second in the line of succession to the governor. Whenever there is a vacancy in all three executive offices of governor, lieutenant governor, and attorney general, then the Speaker of the House of the Virginia House of Delegates becomes governor.

The Office of the Governor's Secretaries helps manage the Governor's Cabinet

Virginia Governor's Cabinet

The Cabinet of the Governor of Virginia is a body of the most senior appointed officers of the executive branch of the government of Virginia. The Cabinet is responsible for advising the Governor of Virginia. Cabinet officers are nominated by the Governorand then presented to the Virginia General...

, composed of the following individuals, all appointed by the governor:

Cabinet

Chief of Staff: Martin Kent (2010-)
Secretary of Administration: Lisa Hicks-Thomas(2010-)
Secretary of Agriculture and Forestry: Todd Haymore(2010-)
Secretary of Commerce and Trade: Jim Cheng (2010-)
Secretary of the Commonwealth: Janet Polarek (2010-)
Secretary of Education: Gerard Robinson (2010-)
Secretary of Finance: Ric Brown (2010-)
Secretary of Health and Human Resources: Bill Hazel (2010-)
Secretary of Natural Resources: Doug Domenech (2010-)
Secretary of Public Safety: Marla Decker (2010-)
Secretary of Technology: Jim Duffey (2010-)
Secretary of Transportation: Sean Connaughton
Sean Connaughton
Sean T. Connaughton is the current Secretary of Transportation for the Commonwealth of Virginia. He served as the Maritime Administrator, the head of the U.S. Maritime Administration, an agency of the United States Department of Transportation, from 2006 until early 2009...

(2010-)
Assistant to the Governor for Commonwealth Preparedness: Terrie Suit
Terrie Suit
Terrie L. Suit is an American politician of the Republican Party. She was a member of the Virginia House of Delegates 2000–2008....

(2010-)
Chief Jobs Creation Officer: Bill Bolling
Bill Bolling
William T. "Bill" Bolling is the current Lieutenant Governor of Virginia. Running as a Republican, he was elected twice to the position by defeating his Democratic opponent in both the 2005 and 2009 general elections. He is the first Lieutenant Governor in the Commonwealth of Virginia to serve two...

(2010-)
Counselor to the Governor: J. Jasen Eige (2010-)
Senior Advisor for Policy: Eric Finkbeiner (2010-)
Senior Economic Advisor: Robert Sledd (2010-)

Many executive branch agencies have the authority to promulgate regulations. Proposals to create or amend state regulations are often subject to review by the executive branch.

Judiciary

The judicial branch consists of the Supreme Court of Virginia

Supreme Court of Virginia

The Supreme Court of Virginia is the highest court in the Commonwealth of Virginia. It primarily hears appeals from the trial-level city and county Circuit Courts, as well as the criminal law, family law and administrative law cases that go through the Court of Appeals of Virginia. It is one of...

, the Virginia Court of Appeals, the General District Courts and the Circuit Court

Virginia Circuit Court

The Virginia Circuit Courts are the state trial courts of general jurisdiction in the Commonwealth of Virginia. The Circuit Courts have jurisdiction to hear civil and criminal cases. For civil cases, the courts has authority to try cases with an amount in controversy of more than $4,500 and has...

s. The Virginia Supreme Court, composed of the chief justice

Chief Justice

The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...

and six other judges is the highest court in the Commonwealth (although, as with all the states, the U.S. Supreme Court has appellate jurisdiction over decisions by the Virginia Supreme Court involving substantial questions of U.S. Constitution law or constitutional rights). The Chief Justice and the Virginia Supreme Court also serve as the administrative body for the entire Virginia court system.

Political subdivisions

The political subdivisions of Virginia are the areas into which the state is divided for political and administrative purposes. In Virginia, the political subdivisions have only the legal powers specifically granted to them by the General Assembly and set forth under the Code of Virginia.

Some are local governments

Local government in the United States

Local government in the United States is generally structured in accordance with the laws of the various individual states. Typically each state has at least two separate tiers: counties and municipalities. Some states have their counties divided into townships...

; others are not. However, all local governments (cities, counties, and incorporated towns) are political subdivisions of the state. All public school divisions

School division

-Canada:In Canada the term is used to the area controlled by a school board and is used interchangeably with school district, including in the formal name of the board. For example, see List of Alberta school boards.-United States:...

are political subdivisions of the state, although each has local and some controlling relationships of varying types with the counties, cities and/or towns they serve. Some political subdivisions are defined geographically; others by function. Many authorities (such as water, or transportation districts) are created by specific legislation as political subdivisions of the state.

Counties and cities

Every location in Virginia is within a county or an independent city, but never both.

The 95 counties and the 39 independent cities

Independent city

An independent city is a city that does not form part of another general-purpose local government entity. These type of cities should not be confused with city-states , which are fully sovereign cities that are not part of any other sovereign state.-Historical precursors:In the Holy Roman Empire,...

all have their own governments, usually a county board of supervisors

County board of supervisors

The Board of Supervisors is the body that supervises the operation of county government in all counties in Arizona, California, Iowa, Mississippi, Virginia, Wisconsin, and Sussex County, New Jersey as well as a handful of counties in New York...

or city council

City council

A city council or town council is the legislative body that governs a city, town, municipality or local government area.-Australia & NZ:Because of the differences in legislation between the States, the exact definition of a City Council varies...

which choose a city manager

City manager

A city manager is an official appointed as the administrative manager of a city, in a council-manager form of city government. Local officials serving in this position are sometimes referred to as the chief executive officer or chief administrative officer in some municipalities...

or county administrator to serve as a professional, non-political chief administrator under the council-manager form of government. Many specifics are set forth in "charters", specific legislation adopted by the General Assembly.

Local government consists of city and county officers as well as what are known as constitutional officers whose positions are provided for by the Virginia Constitution. Cities are governed by an elected council and mayor while counties are governed by a board of supervisors. Other forms of local government are also provided by statute.

The Commonwealth's Attorney is the elected prosecuting attorney for the locality. The Sheriff is the law enforcement officer for localities without a police department. Where a police department has been established, the Sheriff remains authorized to enforce the criminal laws. The Sheriff, however, is responsible for the operation of the local jail, courthouse security and service of civil papers and may also execute criminal warrants.

Article 7, Section 4 of the Virginia constitution provides, "There shall be elected by the qualified voters of each county and city a treasurer, a sheriff, an attorney for the Commonwealth, a clerk, who shall be clerk of the court in the office of which deeds are recorded, and a commissioner of revenue." The local constitutional offices are not appointed by the city or county. The constitutional officers have salaries set by the state through its compensation board, although the locality may supplement the salaries. This structure allows those officers a measure of independence within the local government setting. The Judges of the Circuit Court, the General District Court and the Juvenile and Domestic Relations District Court are appointed by the State legislature.

Virginia limits the authority of cities and counties to enact ordinances by what is known as the Dillon's Rule. Counties and cities may only pass laws expressly allowed by the state legislature or which are necessary to effect powers granted by the state. Dillon's Rule will invalidate local ordinances that exceed authority granted by the state.

There are exceptions to the general structure for counties and cities, notably the City of Richmond, which has a popularly-elected mayor

Mayor

In many countries, a Mayor is the highest ranking officer in the municipal government of a town or a large urban city....

who serves as chief executive separate from the city council, an innovative arrangement which has caused some local turmoil under the first mayor so-elected, former Governor Lawrence D. Wilder. As of November 2007, the courts were in the process of clarifying the duties and powers, and limitations thereupon in response to multiple lawsuits filed by other locally elected officials.

Alcoholic beverage control

Virginia is an alcoholic beverage control state

Alcoholic beverage control state

Alcoholic beverage control states, generally called control states, are those in the United States that have state monopoly over the wholesaling and/or retailing of some or all categories of alcoholic beverages, such as beer, wine, and distilled spirits....

. Distilled spirits, plus wine greater than 14% alcohol by volume

Alcohol by volume

Alcohol by volume is a standard measure of how much alcohol is contained in an alcoholic beverage .The ABV standard is used worldwide....

, are available for off-premises sale solely in state-owned and operated retail outlets, or on premises in licensed eating establishments governed by the Virginia Alcoholic Beverage Control Board. Virginia's ABC Board, as it is known, also licenses off-premises sale of beer and some wines by retailers.