Hallowed Heritage: The Life of VirginiaTorpey, Dorothy Margaret
History
Hallowed Heritage: The Life of Virginia
Torpey, Dorothy Margaret
Virginia -- Civilization
(2) The General Assembly cannot pass a bill of attainder. In English
law, a bill of attainder was an act of Parliament which pronounced
the sentence of death against an accused person with consequent
complete destruction of his civil rights without even a trial being
conducted. In the Seventeenth Century these bills were commonly used
in England. The writers of the Virginia Constitution did not believe
in having an individual punished or convicted of a crime without a
trial by jury in a court with proper jurisdiction. This prohibition
guarantees a fair trial and means that an individual is "not guilty"
until proven "guilty" of violating some law or constitutional
provision.
(3) The General Assembly cannot pass an ex post facto law. "Ex
post facto" literally means "after the fact." An ex post facto
law is defined by the United States Supreme Court as one which
"makes an action done before the passing of the law, and which was
innocent when done, criminal, and punishes such action." Therefore,
the legislature cannot pass criminal legislation after an alleged
crime has been committed that, if brought to bear against an
accused person, would be to his disadvantage. Retroactive criminal
legislation which is not detrimental to an accused person is
permissible (for example, a law reducing a penalty). Therefore, only
those individuals who violated a law after a law has been passed are
subject to punishment.
(4) The General Assembly cannot pass a law impairing the obligation
of contracts. A contract is a formal agreement between two or more
persons binding them to a particular action. Such contracts play
a most important role in society today and must be regarded with
utmost sincerity. The United States Constitution specifically
prohibits the states from passing any law which would impair the
obligation of contracts, would weaken their effect or would make
them more difficult to enforce.
(5) The General Assembly cannot pass a law abridging the freedom
of speech or of the press. Individuals are granted the right to
participate in political discussion and criticism and in the
interchanging of ideas and opinions in general. This, however,
does not guarantee absolute freedom: one cannot utter or publish
untruths, incite insurrections, encourage the disobedience of laws,
defame the government, or give aid and comfort to foreign countries
involved in war against the United States. One can easily understand
the necessity for such limitations to freedom.
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