Virginia Law
Submit Search

REGISTER OF THE PAPERS OF
A.E.DICK HOWARD FOR THE
VIRGINIA COMMISSION FOR CONSTITUTIONAL REVISION
1969-71

MSS 81-4
Processed by C. Stuart McGehee
1981
Revised by Cecilia Brown
1996
University of Virginia Law Library
580 Massie Road
Charlottesville VA 22903
434/924-3384

INTRODUCTION

These files contain University of Virginia Law Professor A. E. Dick Howard's personal papers relating to the 1968 to 1971 revision of Virginia's constitution. Former Governor Albertis Harrison appointed Howard Executive Director of the Commission on Constitutional Revision (CCR) in February, 1968, and his papers document all the activities of the Commission. In the Final Report of the CCR (Box 35) is a detailed history of the Commission's work.

After his appointment as Executive Director, Howard undertook the formidable task of organizing and administering the work of the Commission. The Commissioners themselves were highly visible legal and political figures, chosen for their stature in the Commonwealth. Following a lengthy study of recent revisions in other states, Howard proposed a plan of operation and a timetable for the work of the CCR. Dividing critical substantive areas of the revision process among five committees, Howard and the Commissioners selected five special counsel to act as directors of each committee. The Counsel were chosen from the ranks of law professors at Virginia's four law schools, as well as outstanding private lawyers, and two Commissioners were assigned to each committee. Several at-large counsel provided general legal and political advice, and public views were solicited from all areas of the Commonwealth at a series of widely publicized open hearings.

Howard assigned student researchers to each committee, delegated areas of responsibility to the committee counsel, and compiled an extensive research bibliography on constitutional revision for the use of researchers and counsel. During the summer of 1968, student researchers turned out more than one hundred detailed topical memoranda pertaining to various aspects of the revision process. Each committee met privately, and late in the summer, the full Commission began to evaluate the work of the committees and discuss proposed revisions.

In the fall of 1968, the Executive Director began to collate the various proposals of the committees into a draft of the proposed revision. This draft was modified, re-written and organized by the Commissioners and the Executive Director, who wrote extensive commentaries on each proposed revision. By December the CCR had agreed on a full draft of its Final Report to the Governor, a completely revised Constitution.

After the CCR submitted its final report to Governor Mills Godwin in January 1969, Howard acted as Special Counsel to the Special Session of the General Assembly charged with amending the Howard-CCR Constitution in light of the CCR proposals. Virginia law required that amendments to the existing constitution be ratified by two sessions of the General Assembly, and then submitted to the people in the form of referenda. As Special Counsel, Howard interpreted the CCR proposals to the Assembly, attended committee meetings, met individually with Assembly members, provided constitutional advice, and finally re-wrote each proposed revision in terms acceptable to both houses of the General Assembly. The General Assembly formulated the proposed constitutional revisions into four amendments to the existing constitution, which were subsequently passed by the succeeding General Assembly in 1970.

In light of the previous popular rejections of proposed revised Constitutions in New York and Maryland, Governor Linwood Holton urged the formation of a privately funded organization to promote and publicize the proposed revisions. This organization, Virginians for the Constitution, a bi-partisan, broadly based coalition of concerned citizens and politicians, selected Professor Howard as its director. In this position he organized speakers' series, mailing lists, publicity campaigns and press cooperation for the referendum. Virginians for the Constitution succeeded in its goals, for in November, 1970, the voters overwhelmingly approved the revised Constitution, completing the three-year revision process.


SCOPE AND CONTENT NOTE

Howard's CCR papers (1968-1971) consisting of 37 boxes were donated the collection to the Archives in the summer of 1981. The files were housed previously in a closet near his Law School office.

The collection is generally in chronological order and is divided into seven series, reflecting divisions in the work of the Commission and in the later roles Howard played as counsel to the General Assembly and director of Virginians for the Constitution. Series I, Howard's files as Executive Director of the CCR, contains organizational memoranda, correspondence, minutes of meetings, and calendars relating to the Administration of the Commission. Series II documents the workings of each of the five subcommittees and contains research memoranda and drafts of the proposed substantive revisions. Research material, Series III, includes portions of other state Constitutions and complete texts of all public views submitted to the Commission. Series IV documents the drafting, revision and re-writing of the CCR's Final Report. Series V consists of Howard's files as Special Counsel to the 1969 Special Session of the General Assembly and contains minutes of committee meetings; Howard's calendar; drafts of resolutions, bills and proposed amendments; and correspondence relating to the Special Session. Series VI is composed of Howard's personal files as Director of Virginians for the Constitution and contains promotional brochures, press releases, speaking engagement records, and correspondence pertaining to the campaign. Series VII contains newspaper clippings gathered by the Virginia Press Association, which span the entire period of revision, 1968-1971; published writings of Howard relating to the revision process, as well as the Final Report and a tape recording of a radio broadcast of Virginians for the Constitution. Finally, there are numerous photographs of the Commission.

This collection may be of interest to constitutional scholars, Virginia historians and public officials concerned with constitutional revision policy and implementation. All researchers are urged to consult the Introduction in the Final Report of the Commission On Constitutional Revision in Box 35.


MSS 81-4
SERIES DESCRIPTION



Series
      Description
    Boxes
I
      AEDH's Organizational Files
    1-6
II
      Subcommittee Working Papers
    7-15
III
      Research Materials--State Constitutions and Public Views(see also Series VIII)
    16-18
IV
      Drafts and Final Copies of the Commission's Report and Commentary
    19-23
V
      AEDH's Files and Transcript of Proceedings for the Special Session of the General Assembly
    24-27
VI
      "Virginians for the Constitution" Campaign Files
    28-29
VII
      Newspaper Clippings and Published Material
    30-37

MSS 81-4
Box Listing
SERIES I

Box Date and Content Description
1 1968; CCR Executive Director Administrative Papers. Areas of Committee Responsibility. Preliminary Reports on Questions to Explore by the Subcommittees
1968; CCR Executive Director Administrative Papers: Reports, proposals, Lists, Summaries, Notes on Commission's meetings, commentaries, etc. (4 folders)
2 1968; CCR Meetings. AEDH Handwritten and Typed Notes. (2 folders)
1968; CCR Commissioners' Addresses
n.d.; CCR Index
Correspondence with Commissioners:
1968-1971; Albert V. Bryan
1968; George M. Cochran
1968; Ted Dalton
1968;-1971; Colgate W. Darden
1968-1971; Hardy C. Dillard
1968-1971; Alexander M. Harmon
1968-1971; Albertis S. Harrison
1969-1971; Oliver W. Hill
1968-1971; J. Sloan Kuykendall
1968-1972; Davis Y. Paschall
1968-1971; Lewis F. Powell
1968-1971; Correspondence with CCR Counsel
1968-1971; Thomas S. Currier
1968-1971; John F. Kay
3 1968-1971; Peter W. Low
1968-1971; Andrew W. McThenia
1971; Hullihen W. Moore
1968-1971; Jack H. Spain
1968-1971; William F. Swindler
1968-1970; Research Associates. Correspondence and Curricula (2 folders)
1968; Correspondence A
1968-1969; Accounts (3 folders)
1968; Advisors [Albertis S. Harrison Correspondence]
1968; Agenda: April 5 and May 9
1969; Archives
1968-1970; Correspondence B
1968-1969; Bibliography
4 1969; Bibliographical Data
1968-1969; Budget
1968-1969; Button, Robert Y. [Attorney General. Correspondence and commentaries on Bill of Rights]
1968-1970; Correspondence C
1969, March; CCR Report. Commemorative booklets and correspondence
1969; Citizen's Committees
1969-1970; Clippings Service
1969-1970; Code Commission
1968; Computer
1968; Conservation Bill of Rights.
1902; Constitution of Virginia
1968; Consultants
1968; Counsel
1968-1969; Correspondence D
1970; Dicta Reports
1969; Dissent (Minority Reports)
1968; Duelling
5 1968-1970; Correspondence E
1968; Equipment
1969; Essays on the Constitution, [Correspondence]
1968-1969; Correspondence F
1969; Final Reports-Acknowledgements
1968-1969; Form Letters
1968-1969; Forms: Tax and Exemptions
1968-1969; Correspondence G
1970-1971; General Assembly
1968-1969; Governor's Office Correspondence
1968-1969; Correspondence H
1968; Historians' Correspondence
5, cont. 1968; Correspondence I
n.d.; Index to Articles on Virginia Law
1968-1969; Correspondence J
1968-1970; Correspondence K
1968-1969; Correspondence L
1968-1969; Lapsley, G. M. [Secy. to the Commission] Correspondence
1968; Law Faculties in Virginia
n.d.; Law Firms in Virginia
1968; League of Women Voters
1969; Legislatures. CCSL [Citizens Conference on State Legislatures]
1969; Letters of Appreciation
1969; Letters to Newspapers Editors
1968; Library
1968-1970; Correspondence M
1968; Mailing Lists Requests
1968; Meetings
1969; Michie Company
1968-1969; Correspondence N
1968; National Municipal League
1968-1969; News Releases
1968-1969; Newspaper Articles
1968; Correspondence O
1968; Office
1968; Orders for Commission Portrait
1968; Oysters [sic.] Correspondence
6 1968-1969; Correspondence P
1968; Pennsylvania Legislative Data Processing Center
1968-1969; Pictures [Correspondence]
1969; Presentation of Final Report
1969; Press Briefing
1969; Printers
1968-1969; Correspondence R
1969; Requests for Memoranda
1968; Research Projects in Progress
1968; Reservations
1968; Resolution Creating Commission
1968; Correspondence S
1968-1969; Secretverdana Help
1969; Speaking Engagements (Commissioners and Counsel)
1968; Statutes
1968; Subcommittees
1969; Summary of CCR Report
1969; Correspondence T
1968; Tayloe Murphy Institute
1968-1969; Correspondence V
1968; Van Schreeven, William [State Archivist]
1968-1970; Virginia State Bar Association
1967-1968; Virginia Association of Counties
1968; Correspondence W
1968-1969; Wheeler, John P.
1968; Correspondence Y
SERIES II
Bill of Rights Subcommittee
7 1968; Advisory Group on Bill Rights and Franchise
1968; An Authoritative Version of the Constitution
1968; Due Process
1968; Proposed Questions for Exploration; Form of Citations; Research Memoranda; Form, Content and Designation of "working papers". Research Materials
1968; Swindler's Historical Material
1945; Bill of Rights: Amendments, Future Cases
1968; Bill of Rights: Correspondence, Memos, Reports on Meetings
1968; Bill of Rights: General
1968; Bill of Rights Research Memo: Irrational Classifications. Draft.
1968; Bill of Rights Working Papers. Political Rights, Propositions, etc. (Folder 1)
8 1968; Bill of Rights Working Papers. Capital Punishment, Numbers of Jurors, Revisions, Research and Drafts. (Folder 2)
1968; Education: Correspondence, Memos
1 968; Education: Enforceability of Constitutional Language
1968; Education: Research Materials
1968; Education Memo: "Right to Education"
1968; Education Working Papers. Memos, Provisions from State Constitutions, School Fund, Literary Fund, Public School Authority, State Aid to Private Schools, Education Articles (2 folders)
9 1968; Education: Educational Advisory Group. Correspondence and Report
1968; Franchise: Federal Statutes
1968; Franchise: Purging registered voter list; Form of ballots; Absentee ballots and the Electoral Vote. Registration Oaths
1968; Franchise: Report and Memo. Qualifications for Office, Conflicts of Interest
1968; Franchise Working Papers. Qualifications of voters, qualifications to hold office, methods of voting, equal representation, etc.
1968; Suffrage: Qualifications. Research papers
1968; Suffrage Working Papers. (2 folders) Minimum Age, Disqualification for Duelling, Residence Requirements, Suffrage Registration, Literacy Tests, etc.
Bill of Rights Subcommittee Blue Book
Legislative and Judicial Subcommittee
10 1968; Judiciary: Appointing Powers of Judges. Supreme Court of Appeals
1968; Judiciary: General. [Recommendations, Lists of Court Judges, Correspondence, Judicial Article]
1968; Judiciary: Removal of Judges
1968; Judicial Working Files. (2 folders) Peter Low's Files. [Re: Court of Criminal Appeals, Enforcement of Canons of Judicial Ethics, Disbarment Proceedings, Proposals, Impeachment, etc.]
1968-1969; Legislature: Annual Sessions, Correspondence
1968; Legislature: Miscellaneous Correspondence and Research Material
11 1968; Legislature Working Files. Peter Low's Files. (4 folders) [Re: questions to explore, limitations of legislative power, requirements, working papers for commission's meetings, office-holding, analysis, articles, etc.]
Legislature and Judicial Subcommittee Blue Book
Executive and State Administration Subcommittee
12 1968; Administration: Articles V, X and XI Working Files
1968; Administration: Corporations Memoranda 1-15
1968; Administration: Correspondence, Proposals
1968; Administration: Preliminary Drafts of Articles V and XII. Executive Power and Corporations
1968; Administration: Public Officers
1968; Administration Working Files: Executive Compensation, Budget System, Bureau of Labor and Statistics, Civil Service System, etc.
1968; Executive: Virginia Code and Constitutional Provisions for the Appointments, terms of office, removal and vacancies of state officers in the departments and agencies of the Executive Branch
1968; Executive Working Papers. [Succession to the office of Governor, gubernatorial tenure, executive clemency, governor's duties and powers] (2 folders)
13 1968; Corporations Working Papers. Article XII. Working Papers #1 and 2
Executive and State Administration Blue Book
Local Government
1969; Bonds Correspondence
1968; Consolidation
1968-1971; Constitutional Officers
1968; Correspondence, Memos, Reports
1968; Debt
1968; Metropolitan Government
1968; Working Files: Revenue Sources, Hahn Report, Liability of Counties, Local Authorities, Commission of Local Government, Financing, Local Authorities, etc. and Working Papers #1 and 2 (3 folders)
Local Government Blue Book
Taxation and Finance Subcommittee
14 1968; Abutting Landowners
1968; Assessment
1968; Assessment Working Files. Assessment of Real and Tangible Personal Property, of Public Service Companies by the State Corporation Commission, etc.
1969; Bonds
1969; Conforming Taxes
1968; Corporations Drafts
1968; Correspondence and Notes
1968; Debt Correspondence, newspaper articles
1968; Debt Working Files. Opinions of Financial Experts, Debt in Anticipation of Collection on Revenue, Evidence of Indebtedness, State Debt Limit, Virginia's Need for Modern Debt Provisions
1968; Exemptions Correspondence
1968; Exemptions Working Files. Re: of household goods and personal effects, homesteads of the aged, air and water pollution; coal and mineral lands; industrial development; surrender of power to tax corporations, statute of limitations, collection and disposition of state revenue, taxation of railroads and canal companies
15 1970; Revenue Bonds. Correspondence, newspaper articles
1968; State Corporation Commission
1968; State Credit Lending
1968; Taxation: Virginia Income Tax Study Commission Memorandum. Working Paper No.1. Correspondence
1968; Taxation. Preliminary Drafts; Working Paper No.1
1968; Taxation Working Files. Research, Memos, Correspondence
Taxation and Finance Subcommittee Blue Book
SERIES III
16 1968; State Constitutions Correspondence
State Constitutions:
1968-1971; Alabama
1968; Alaska
1968; Arizona
1968-1975; Arkansas
1968; California
1968; Colorado
1968; Connecticut
1968; Delaware
1968; Florida
1968; Georgia
1968; Hawaii
1968; Idaho
1968; Illinois
1968; Indiana
1968; Iowa
1968; Kansas
1968; Kentucky
1968; Louisiana
1968; Maine
1967-1968; Maryland (2 folders)
1968; Massachusetts
1968; Michigan
1968; Minnesota
1968; Mississippi
1968; Missouri
1972-1974; Montana
1968-1970; Nebraska
1968; Nevada
17 State Constitutions, continued:
1968; New Hampshire
1968; New Jersey
1968; New Mexico
1968; New York (2 folders)
1968-1969; North Carolina
1968-1972; North Dakota (2 folders)
1968-1972; Ohio
1968; Oklahoma
1968; Oregon
1968-1969; Pennsylvania
1968; Rhode Island
1968; South Carolina
1972; South Dakota
1968; Tennessee
1968; Texas
1968-1970; Utah
1968; Vermont
1968; Washington
1968; West Virginia
1968; Wisconsin
1968; Wyoming
1968; Public Views Correspondence and Organization
1968; Public Hearings and Communications
1968; Public Hearings Notes and Summaries
18 1968; Public Views: Documents #1-214 (4 folders)
1969; Public Views-submitted after Final Report of CCR
SERIES IV
19 1968; Commentary to accompany text of draft Constitution. Introduction and complete draft
n.d.; Deleted pages of Commentary [to education article]
Drafts of Commentaries to Constitutional Articles:
1968; Bill of Rights: Art. I
1968; Franchise: Art. II
1968; Division of Powers: Arts. III and XII
1968; Legislature: Art IV
1968; Executive and State Administration: Art. V
1968; Judiciary: Art. VI
1968; Local Government: Art. VII
1968; Education: Art. VIII
1968; Corporations: Art. IX
1968; Taxation: Art. X
1968; Conservation: Art. XI
1968; Schedule
20 1968, Oct.; Preliminary Draft of the Constitution (2 folders)
1968; Replacement Pages for Certain Sections of Revised Constitution
1968; Final Draft of Proposed Constitution and Commentary: Introduction, Title Page, Text of Proposed Revisions
1968, December; Final Draft of Proposed Constitution: Arts. I-VI (5 folders)
21 1968, December; Final Draft of Proposed Constitution: Arts. VII-XII (5 folders)
1968-1969; Final Report-Mailing List
1969; Final Report-Billing
1969; Requests for Commission Report: A-C (3 folders)
22 1969; Requests for Commission Report: D-P (8 folders)
23 1969; Requests for Commission Report: R-Z (5 folders)
1969; Final Report-Postcard Replies
1969; Out-of-state Requests for Final Report
1969; Letters Replies to Requests for Commission Report
SERIES V
24 1969; Transcripts of the Special Session of the General Assembly, including one bound volume of the Official Senate Journal of the 1969 extra session
25 1969; Special Session of General Assembly: AEDH Calendar
1969; Special Session of General Assembly: AEDH Committee Notes (2 folders)
1969; Special Session of State Legislature: Arts. I-VII (7 folders)
26 1969; Special Session of State Legislature: Arts. VIII-XII and Schedule. (7 folders)
1969; Special Session of State Legislature--Commission Members
1969; -- Conferee Committees
1969; -- Deletion of Articles
1969; -- General-with Index
1969; -- Hearing Tapes
1969; -- Governor Godwin's Office
1969; -- Parallel Tables
27 1969; -- Resolutions and Amendments
1969; -- Status of Joint Resolutions (2 folders)
1969; -- Drafting-Comparison of Resolutions of House and Senate
1969; -- Select Committee
n.d.; -- Separate Questions
1969; -- Summary of Actions Taken
1969; -- April 25 Meetings of House and Senate
1970; General Assembly Session
SERIES VI
28 1970; Virginians for the Constitution: Draft Resolutions
1971; -- Mailing Lists (2 folders)
1968; -- Moore's Memo on "Form of Ballot"
1970; -- Office Memoranda
1970; -- Promotion-A.E.D. Howard
1970; -- Promotion-Commentaries
1970; -- Promotion-Correspondence
1970; -- Promotion-Incorporation
1970; -- Promotion-Opposition
1970; -- Promotion-Speakers Notes
1970; -- Promotion-Summary
1970; -- Promotion-Television
1970; -- Promotion-Western Community College Project
29 1970; -- Speaking Engagements (4 folders)
1973; -- Virginia Votes for a New Constitution
SERIES VII
Box Date and Content Description
30-34 1968-1971; Newspaper Clippings (24 Folders)
35 CCR Published Materials:
"Summary of Recommendations to the Governor and the General Assembly of Virginia"
"Summary of the Proposed Constitutional Amendments Approved by the General Assembly..."
"Full Text of the Proposed Constitutional Amendments,"
State Constitutional Revision, and West Virginia Law Review, vol. 72
The Constitution of Virginia: Report of the Commission for Constitution.
Howard: "Constitution Revision...," University of Richmond Law Review, vol. 9, no. 1. Also a tape recording of an October 7, 1972 radio broadcast discussion of the new constitution; panelists were AEDH, James Brownell and Charles Waddell
36-37 Published Research Materials. (Lists available in cartons)
PHOTOGRAPH COLLECTION
1969; Subject
1969; CCR Members (3 photos)
1969; CCR Members with Counsel (2 photos)
1969; Presentation of Final Report (21 photos)
1969; Convention of 1820-1830, photo of watercolor by George Catlin (1 photo)
1969, Feb. 18; AEDH photo
n.d.; AEHD photo
n.d.; Virginia Constitution of 1776 (1 photo)