Hallowed Heritage: The Life of VirginiaTorpey, Dorothy Margaret
History
Hallowed Heritage: The Life of Virginia
Torpey, Dorothy Margaret
Virginia -- Civilization
(6) The General Assembly cannot enact a law whereby private property
would be taken or damaged for public uses without just compensation.
The General Assembly has the authority to define the term "Public
Uses." Originally in Virginia, the courts decided this definition,
but an amendment later transferred this power from the courts to the
General Assembly, making it a legislative rather than a judicial
decision. The sovereign power of a state to take private property
for public purposes with proper compensation is called the "right of
eminent domain." The General Assembly must abide by such a right.
Therefore, a resident in Virginia is guaranteed protection from
having his private property seized from him for unfair or unjust
compensation. In case of a dispute over the fair value of such
property, the court decides the fair amount.
(7) The General Assembly cannot compel an individual to frequent or
support a particular religious place of worship and cannot force an
individual to suffer because of his religious beliefs or opinions.
All individuals are to be guaranteed their religious freedom and the
General Assembly cannot require religious tests, bestow certain
privileges or advantages to a particular sect or denomination and
cannot pass any law requiring or authorizing any official church
within the state. Likewise, the General Assembly cannot levy taxes
on the people forcing them to support the activities of a particular
church or the building program of any house of worship. The General
Assembly, therefore, is forbidden to interfere with the religious
belief and worship of the inhabitants within the state. Another
section of the Constitution forbids the General Assembly from
incorporating churches or granting charters of incorporation to any
religious denomination.
These religious safeguards for a person's individual beliefs are
primarily repetitions of the provisions of Thomas Jefferson's
"Statute of Virginia for Religious Freedom." Since it is more
difficult to change a provision of a constitution than a statute or
a law, these provisions were included in the Virginia Constitution
for emphasis and for a more enduring effect.
The General Assembly is also forbidden to authorize lotteries (the
distribution of prizes determined by chance or by lot) or to allow
the residents of the state to buy, sell, or transfer lottery tickets
or chances.
Public-domain text, read in full here on John Shaqi.
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