(By: Chuck Thompson)
A few days ago I introduced the idea of an In State Constitutional Convention. This is part two in an effort to explain more about the idea and why we need to do this. An In State Constitutional Convention can not touch the underlying Constitution nor can there be any form of effort to change or rewrite the underlying Commonwealth of Virginia's Constitution. That is not what the In State Constitutional Convention is for. The Convention is actually a court. The proposal is that a member of every board in every locality throughout Virginia send one delegate for that locality to the Convention. The Delegates will hear each House Bill from Richmond and decide if it has violated the purpose and intent of either our Commonwealth Constitution or that of our Federal Constitution. If yes, the delegates will vote to kill the new bill. If not, the House Bill gets a pass. If the delegates can not make a determination, the delegates have an opportunity to bring back to their respective localities and put the matter before the people to determine if they want to allow or kill the House Bill. In order to kill a House Bill. two thirds of the localities must agree that it violates an area of either the Commonwealth's or Federal Constitution.
If the House Bill appears to be purposely written to deprive the people of their rights, the delegates of the Convention, will have an opportunity to have those behind the House Bill arrested and tried before the Constitutional Convention with the delegates of the Convention's determination as being final. If it turns out that the bill was voted into law, all those who voted for it may be tried before the Convention along with the Governor if he signed the House Bill into law.
The only option for any form of change to our present Constitution that may be considered is an amendment for these Constitutional Conventions to continue in an effort to reign in a rogue government.
This type of court is known as a Common Law Court which is the type of court our Constitution guarantees to "We The People". The below code is from the Code of Virginia.
§ 1-200. The common law.
The common law of England, insofar as it is not repugnant to the principles of the Bill of Rights and Constitution of this Commonwealth, shall continue in full force within the same, and be the rule of decision, except as altered by the General Assembly. (This last part, highlighted, is an usurption of our rights, and not lawful).