Most would proclaim that, yes, the Virginia Constitution matters.
The Virginia Constitution protects the rights of Virginians while providing necessary boundaries around the functions of state government.
The resulting stability ensures Virginia citizens are not bound by the political whims in Richmond.
However, what happens when lawmakers in Richmond ignore the Virginia Constitution?
The answer is simple. The rule of law slowly breaks down. Liberties are lost.
It is imperative that state legislators and the people of Virginia stand up against these abuses.
Recently three Virginia delegates were punished for standing up against unconstitutional actions taken during this past election.
On January 13, 2021, House Speaker Eileen Filler-Corn (HD 41) stripped the committee memberships of Delegate Ronnie Campbell (HD 24), Delegate Mark Cole (HD 88), and Delegate Dave LaRock (HD 33).
The three delegates had sent a letter to the office of then Vice President Pence on January 5, 2021, asking to nullify the governor’s Certificate of Ascertainment of Presidential Electors.
Additionally, they requested a delay in designation of electors until an audit was conducted.
In the letter, the three Virginia delegates cited numerous changes to voting processes through legislation SB 5120, passed on September 4, 2020, during a special legislative session.
Article IV, Section 13 of the Virginia Constitution requires any law passed during a special session:
...take effect on the first day of the fourth month following the month of adjournment of the special session…
However, SB 5120 was enacted immediately instead of after the four months prescribed in the Virginia Constitution.
This unconstitutional act caused havoc in the election process.
No doubt the Covid-19 crisis has created many issues. However, Virginia’s Constitution legitimately provides a mechanism for these types of unexpected events.
The Virginia Constitution goes on to state:
…unless in the case of an emergency (which emergency shall be expressed in the body of the bill) the General Assembly shall specify an earlier date by a vote of four-fifths of the members voting in each house…
Obviously, tremendous wisdom is embodied in the Virginia Constitution.
These clauses, on effective dates, allow time for the citizenry of Virginia to prepare for any impacts of new laws.
The clauses allow the legislature to address emergency situations.
The bar is set high (4/5 vote) to prevent abuses during the time of emergencies, creating a firewall to protect Virginians.
Although the Speaker has the right to assign and remove members of the various committees, this power should not be used to punish delegates that stand for Virginia’s Constitution.
Delegates Ronnie Campbell, Mark Cole, and Dave LaRock should be applauded for following their oath to:
…support the Constitution of the United States, and the Constitution of the Commonwealth of Virginia.
