Sub-Committee on Constitutional Amendments

Repeal Amendment Defeated, Property Rights On Hold In Senate P&E

This morning, the Senate Privileges and Elections Sub-Committee on Constitutional Amendments voted 4-3, on a party line vote, against SJ 280, the Repeal Amendment. The proposed resolution would, if enacted through a constitutional convention called for by state legislatures, allow a super majority of states to repeal federal laws and regulations. Those voting against the resolution by Senator Ryan McDougle (R-4, Hanover) were Senators Creigh Deeds (D-25, Bath), Mary Margaret Whipple (D-31, Arlington), Donald McEachin (D-9, Henrico) and Ralph Northam (D-6, Norfolk). Voting in favor were Senators Steve Martin (R-11, Chesterfield), Ralph Smith (R-22, Botetourt) and Jeff McWaters (R-8, Virginia Beach).   Oddly, much of the debate by witnesses was between conservative groups. While many limited government advocates want to re-balance the federal structure between the states and the central government in Washington, D.C., others are concerned the constitutional convention the resolution calls for would open up a loophole to amend other areas of the constitution, particularly the Bill of Rights. However, there is a House version of the resolution, HJ 542, patroned by Delegate James LeMunyon (R-67, Chantilly) and backed by House Speaker Bill Howell (R-28, Fredericksburg), that should make it through the House, setting up a second round in the Senate.

Another important proposed amendment to the Virginia Constitution, SJR 307, patroned by Senator Mark Obenshain, (R-26, Harrisonburg), which would protect citizens' property from the dangers of eminent domain by state and local governments and public service companies, was carried over to next week. That gives property rights and limited government grassroots activists more time to contact members of this committee.

Repeal Amendment In Senate Sub-Committee Tomorrow Morning!

Tomorrow morning, in the same meeting Senate P&E sub-committee meeting that will vote on the property rights resolution, senators will consider SJR 280, the Repeal Amendment. As we wrote here in one of our General Assembly previews, this would help restore the checks and balances once enjoyed between the federal government and the states by giving the states power to repeal any federal law if two-thirds of the states vote to do so. The resolution is patroned by Senator Ryan McDougle (R-4, Hanover). It will be heard in the Senate Privileges and Elections Sub-Committee on Constitutional Amendments (click here), and we encourage you to contact members of that committee to vote in favor of the resolution.

Big Property Rights Vote Tuesday Morning In Senate Sub-Committee!

After a slow first few days of ceremony and housekeeping, the 2011 General Assembly session moves into a very high gear with several crucial issues before sub-committees. We need you to act immediately on an issue that is the foundation of all of our liberties: Property Rights. Tomorrow at 9:15 a.m., the Senate Privileges and Elections Sub-Committee on Constitutional Amendments will consider SJR 307, patroned by Senator Mark Obenshain (R-26, Harrisonburg). This proposed amendment will enshrine in the state constitution the landmark property protection legislation passed in 2007, but which has come under assault in each successive General Assembly.

Without property rights, we don't have secure homes. Without property rights, we don't have the security to practice our faith. Without property rights, we have no economic security. The fact is, ever since the deplorable Kelo decision by the U.S. Supreme Court, local and state governments have had eyes bigger than their stomachs for homes, farms and small businesses to feed their economic development schemes. They've taken private property and turned it over to developers and corporations for malls and office parks, or for transportation boondoggles. In one heinous case in Hampton, the city took private property for a pittance, and then sold it to a developer for millions while the original owner saw none of the extra money.

At one time, Virginia was a leader in protecting property rights and our Founders, such as Thomas Jefferson and James Madison, ensured these rights in the Commonwealth’s constitution. However, in the last constitutional revision in the early 1970s, they were diminished. But now, with a reawakening of Founding Principles across Virginia and the nation, there is real momentum this year for true reform. We also think we are close in the sub-committee — so your voice matters! Please contact sub-sommittee members and express your desire that they vote for S.J.R. 307 to protect Virginia families' homes, farms and businesses!