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

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January 18, 2011

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.

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