On The Front Lines

In Keeping with Constitution Day, Rutherford Institute President Calls on Virginia General Assembly to Be Guided By Constitution

CHARLOTTESVILLE, Va. - In a recent letter to Virginia's General Assembly, John W. Whitehead, president of The Rutherford Institute, cautioned its members to be guided by the principles embodied in the Constitution as they continue to wrestle with questions of great magnitude. In keeping with the 220th anniversary of the signing of the Constitution on September 17 and in an effort to provide Assemblymen with a tangible reminder of their oath to uphold and protect the Constitution, Whitehead also presented each representative with a copy of The Rutherford Institute's "Pocket Constitution."

"While the types of challenges faced by legislators today may differ from those confronting our Founders, the principles embodied in the Constitution are timeless and relevant. However, increasingly, various legislatures across the country are demonstrating a willingness to be guided by principles other than those embodied in the Constitution," stated Whitehead. "The debacle earlier this year in Virginia over the so-called 'abusive driver' fees is a strong indicator of the lack of emphasis being given by legislators to weighty constitutional concerns, especially as they pertain to the rights of citizens."

Earlier this year, Whitehead rebuked the General Assembly for its passage of legislation that imposes abusive driver fees upon Virginia residents who commit certain traffic offenses. Calling the new traffic law discriminatory and an unreasonable method of raising revenue to fix the Commonwealth's transportation problems, Institute attorneys demanded that the legislature amend Va. Code § 46.2-206.1 to eliminate the inequitable fees or face legal action challenging the validity of the fees. Subsequent developments and an ongoing public outcry against the exorbitant fees have demonstrated that these provisions were an enormous mistake and a failure of the last session of the General Assembly. Thus, belatedly recognizing that the fees are legally flawed and have been popularly condemned, leadership of the General Assembly has since announced plans to overhaul this legislation. However, as Whitehead points out in his letter, had the Assembly used the Constitution as its starting point and guide in drafting such legislation, such remedial steps might well have been avoided.