Hallowed Heritage: The Life of VirginiaTorpey, Dorothy Margaret
History
Hallowed Heritage: The Life of Virginia
Torpey, Dorothy Margaret
Virginia -- Civilization
In the Virginia Supreme Court case of Moss versus County of
Tazewell, the decision stated that "the power of the legislature
of the State is supreme, except so far as it is restrained by
State or Federal Constitution." Therefore, a State constitution is
usually considered as a restraining agreement whereby the Federal
Constitution is considered as a granting agreement. Thus, the
legislative body of a State has all the powers not prohibited to it
by the State or Federal Constitution. A State constitution is often,
therefore, a summary of what the state legislative body may not do.
The Virginia Constitution specifically states that "the authority of
the General Assembly shall extend to all subjects of legislation,
not herein forbidden or unrestricted; and a specific grant of
authority in this Constitution upon a subject shall not work a
restriction of its authority upon the same or any other subject."
The principles described are further emphasized in this quotation
from the Virginia Constitution which follows: "The omission in this
Constitution of specific grants of authority heretofore conferred
shall not be construed to deprive the General Assembly of such
authority, or to indicate a change of policy in reference thereto,
unless such purpose plainly appear."
There are several limitations placed upon the General Assembly by
the Constitution: the General Assembly cannot enact any local,
special or private law in the following instances (but can enact
general laws in the same instances):
(1) for the punishment of crime,
(2) for providing a change of venue (the place where a trial is
held) in civil or criminal cases,
(3) for regulating the jurisdiction of, or changing the rules of,
evidence in any judicial proceeding,
(4) for changing county seats,
(5) for assessing and collecting taxes and for extending the time
for assessment or collection of taxes,
(6) for exempting property from taxation,
(7) for postponing or diminishing any obligation or liability of any
person, corporation or association to the State or to any local unit
of government,
(8) for refunding money lawfully paid into the treasury of the State
or the treasury of any local unit of government,
(9) for granting from the treasury of the State any extra
compensation to any public officer, servant, agent or contractor,
(10) for conducting elections or designating places of voting,
(11) for regulating labor, trade, mining or manufacturing, or the
rate of interest on money,
(12) for granting any pension,
(13) for creating, increasing or decreasing fees, salaries,
percentages, or allowances of public officers during the term for
which they are elected or appointed,
(14) for declaring streams navigable or authorizing the
constructions of booms or dams or the removal of obstructions from
such streams,
(15) for regulating fencing or the boundaries of land, or the
running at large of stock,
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account