Collection Summary

Creator: Howard, A. E. Dick
Title: The Papers of A. E. Dick Howard for the Virginia Commission for Constitutional Revision, 1969-1971
Accession: MSS 81-4
Description: 37 boxes; 20.8 linear feet
Location: SC - Basement
Photograph Collection: View 30 digitized photographs
Digitized Content: 30 objects

Collection Description & Arrangement

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.

Biographical & Historical Information

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.

Acquisition Information

Date Received 1981
Donor Information Gift of A. E. Dick Howard

Content List

Series I: AEDH's Organizational Files

Box 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]

Box 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

Box 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

Box 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

Box 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
  • 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

Box 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
  • 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: Subcommittee Working Papers

Bill of Rights Subcommittee

Box 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]

Box 8:

  • 1968; Bill of Rights Working Papers. Capital Punishment, Numbers of Jurors, Revisions, Research and Drafts. [Folder 2]
  • 1968; Education: Correspondence, Memos
  • 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]

Box 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 - Correspondence
  • 1968; Suffrage - Election Laws Study Commission. Correspondence and Memo.
  • 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

Box 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

Box 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

Box 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]

Box 13:

  • 1968; Corporations Working Papers. Article XII. Working Papers #1 and 2
  • Executive and State Administration Blue Book
  • 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

Box 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

Box 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: Research Materials - State Constitutions and Public Views

Box 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

Box 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

Box 18:

  • 1968; Public Views: Documents #1-214 [4 folders]
  • 1969; Public Views-submitted after Final Report of CCR


Series IV: Drafts and Final Copies of the Commission's Report and Commentary

Box 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

Box 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]

Box 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]

Box 22:

  • 1969; Requests for Commission Report: D-P [8 folders]

Box 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: AEDH's Files and Transcript of Proceedings for the Special Session of the General Assembly

Box 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

Box 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]

Box 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

Box 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: "Virginians for the Constitution" Campaign Files

Box 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

Box 29:

  • 1970; -- Speaking Engagements [4 folders]
  • 1973; -- Virginia Votes for a New Constitution


Series VII: Newspaper Clippings and Published Materials

Boxes 30 – 34:

  • 1968-1971; Newspaper Clippings [24 Folders]

Box 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

Boxes 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]

Associated People

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