Time to Alito-Proof the Virginia Constitution

By the time Mr. Bush gives his State of the Union Address on Tuesday, the nations leading legal opponent of pregnancy rights will have his lifetime appointment to the Supreme Court.  Sandra Day O'Connor will be on the lecture circuit. 

The days when a woman could make decisions about how and when to give birth are history.  The days of restrictions on Presidential powers are also history.  But the days of checks and balances must not end, no matter how much our Unilateral President want's them gone. 

We all know now that Roe v Wade will be overturned, or broken down to nothing.  There is simply no way to doubt that.  Sam Alito's own mother said "Of course he's against abortion", the day after he was nominated.  What did you all expect?  Despite the fact that Judge Alito jokingly referred to Roe as a "Super-Duper Precedent", it's clear that Stare Decisis (let the decision stand) has no standing in his eyes.  Sam Alito doesn't like the rules and he's going to change them.

This week, in Virginia, we've seen how powerful and compelling a constitutional amendment can be.  By overwhelming margins, the House and the Senate passed the VAHatesGays bill and it will go to the people as a referendum this fall.  This, in turn will drive gay haters and terrified family folk of good conscience to the polls like dogs under the whip.  Whipped up into the usual fear and anger panic, Virginia's well-intentioned voters will drive up the vote for any Republican candidate who can draw a big red "X" through a pink triangle.

This tool is far too powerful for Virginia Democrats to ignore.  The Roberts/Scalia/Thomas/Alito court was created to assail the core values of the American people by an extremist, reactionary faction of the far right.  All Virginians with eyes to see and ears to hear must see this moment as the beginning of our march towards sanity.

Constitutional Amendments are an end in themselves, but also the means to an end.  They make monumental changes to the law, but they also give citizens the opportunity to stand up for their beliefs.  Democrats must realize that now is the time to amend the Constitution to protect Virginia's rights, values and property.

Constitutional Amendments Virginians Needs to Protect Themselves from the Alito Court:

  1.  Pregnancy Rights:  The finding of the landmark Connecticut v. Griswold which made birth control legal, must be sanctified in the Constitution of the Commonwealth of Virginia.  A Woman's right to make informed decisions about when and where she will conceive and rear a child must be ensconced in the Constitution and in Virginia law before the Supreme Court of the United States takes it away.

2.  Open Government:  Sam Alito has a long and enduring record of supporting the limited flow of Governmental information to the public.  Even without Judge Alito, the Supreme Court sided with Dick Cheney to keep his closed door sessions with energy executives secret.  All information must be available to our lawmakers, and with the excption of the 5th ammendment and the right to privacy open to the public.

3.  Fair Elections:  The days of elections without a paper trail must end.  Every election must be traceable and every recount open to public scrutiny.

4.  Implied Rights:  The people must reserve all rights that are not explicitly stated to themselves.  Any rights that the government or other entities want to claim, they must define.

This list is just the beginning.  If the conservative forces in the commonwealth can use the Constitution to take the rights away from citizens, it is the duty of citizens to protect the Constitution from conservatives in the Commonwealth, the Nation, and on the Supreme Court.

At this moment, I'm that much more proud that we elected Tim Kaine Governor of the Commonwealth of Virginia.  For the next four years, women have a temporary haven in Virginia.  After that, it's anybody's guess.

If you have any other ideas for Amendments to the Virginia Constitution, leave them in comments for discussion.

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