u/HallOk4847
Jewish American Heritage Month
u/HallOk4847 — 5 days ago
A brief summary of the points he will argue on Monday based on the brief he submitted.
1. Intervening election: The Commonwealth argues Article XII was satisfied because it requires an amendment be passed, then approved by “the General Assembly elected at the first general election of members of the House of Delegates held after the first approval,” and the Virginia Constitution separately fixes that election on “the Tuesday after the first Monday in November.” On that reading, the Nov. 4 House election plainly intervened between approvals, and early voting does not alter the Constitution’s definition of when the election occurs.
2. Special session authority: The Commonwealth argues the first approval was valid because it occurred during a lawfully continuing special session that had not been adjourned sine die, and nothing in the Virginia Constitution limits constitutional amendments to regular sessions or imposes an expiration date on a special session. It further argues plaintiffs improperly try to turn internal legislative rules and questions about special-session scope into constitutional restrictions, even though those are matters committed to the General Assembly rather than the courts.
3. Notice/publication claims: The Commonwealth argues Article XII itself sets out the complete constitutional amendment process and does not make publication a condition of validity. It contends plaintiffs wrongly rely on Code § 30-13 to add an extra constitutional hurdle, even though that statute governs notice procedures and cannot alter Article XII’s requirements. The brief further argues alleged defects in publication, even if assumed, would not justify invalidating an amendment properly approved by the General Assembly.
4. Separation of powers / popular sovereignty: The Commonwealth argues the lower court violated separation-of-powers principles by adding constitutional requirements not found in Article XII, second-guessing internal legislative procedures, and effectively substituting judicial control for the amendment process the Constitution assigns to the General Assembly and ultimately the people. The brief frames Article XII as leaving courts to enforce the Constitution’s text, not invent additional hurdles, and warns that allowing judges to police election timing, legislative procedure, or ballot phrasing beyond the constitutional text would improperly transfer the amendment power from the political branches and voters to the judiciary.
u/HallOk4847 — 25 days ago