ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Wednesday, October 23, 1996 TAG: 9610230066
SECTION: VIRGINIA PAGE: A-1 EDITION: METRO
SOURCE: TODD JACKSON STAFF WRITER
MEMO: ***CORRECTION***
Published correction ran on October 24, 1996.
The address for Fortescue Hopkins' home page was incorrect in a story
in Wednesday's paper. It's at: hiip://www.nrvcom.com/politics/flat-tax/n
VIRGIL GOODE says that if he's elected to the House, he'll push to make the Constitution easier to amend.
Fortescue Hopkins dreams of the day that state Sen. Virgil Goode, a Democrat, and Gov. George Allen, a Republican, join together to lead a third-party effort to give more power to the states.
``George Allen would quickly become `King George' instead of merely `Poor George, the Lame Duck,''' writes Hopkins, a 75-year-old retired lawyer who lives in Craig County and loathes many federal government policies. He has a home page on the Internet that advocates his cause: ``Virgil Goode would receive the national recognition he deserves and would be honored world-wide.''
Goode, a candidate for Congress in the 5th District, has turned down Hopkins' request to lead his proposed ``Patrick Henry Party,'' but he finds logic in some of Hopkins' arguments.
In fact, Goode sponsored a resolution passed by the General Assembly in 1995 that asks Congress to propose an amendment to the U.S. Constitution to give states direct access to the document.
If he's elected, Goode says, he'll propose the constitutional amendment. If passed, it would let states amend the Constitution without Congress' approval
It's an obscure idea that has been pushed by anti-federalist political groups including The National Association for a Balanced Federal System in Westmoreland County.
Goode's backing of the amendment is an example of his ``I'll-do-what-I-think-is-right'' philosophy, which sometimes angers his party mates.
Experts say Goode would have few allies in Congress if he pushes the idea.
``The issue doesn't have enough visibility - there's not enough players,'' said Michael Bird, a federal lobbyist for the National Conference of State Legislators. Bird said there has been a bipartisan effort among the country's governors and some state legislators to bring about dialogue on states' rights, but no one in Congress has taken a strong leadership role on it.
Bird has met Goode and thinks he could bring immediate attention to the subject.
``We're talking about re-exploring history,'' Bird said. ``It's like we're back in 1787 having the same debates over state power that our founding fathers had."
Tom Morris, a constitutional scholar and president of Emory & Henry College, said states' rights are going to continue to be a tough sale at the federal level.
``There are still substantial suspicions of state governments by many constituency groups, but I think the states can now be trusted and should be given an increased role.''
Morris said the best way to include the states would be for them to propose amendments with the stipulation that a percentage of both houses of Congress must give final approval.
The resolution Goode helped push through the General Assembly wouldn't include Congress.
The Constitution now establishes two ways for amendments to be considered: They can be proposed by a two-thirds vote of both houses of Congress, or by a constitutional convention called for by a two-thirds of state legislatures.
The Constitution never has been amended by a convention called by the states. A fear has existed that such a gathering would result in a runaway revision of the document.
Goode's resolution would make it easier for the states: If three-fourths of them adopted an identical amendment to the Constitution, the amendment would be valid if it met a one-subject standard reviewable by the U.S. Supreme Court.
The catch, of course, is that Congress will have to set up the mechanism for the states to have a direct link to the Constitution.
``And I don't think there are many people in Congress interested in doing that right now,'' Goode said. ``It would reduce their power.''
Goode, of Rocky Mount, has a specific reason behind his support of state-initiated amendments: He's been campaigning on his support of a balanced budget amendment to the Constitution. One of Goode's opponents, Republican George Landrith, also favors a balanced budget amendment.
The other candidate in the race, Tex Wood of the Virginia Independent Party, could not be reached for comment.
Goode, however, has taken his stance a step further by advocating the General Assembly resolution that he sponsored. He believes giving states direct access to the Constitution would be a way to force the issue.
But Goode is realistic.
He knows of the criticism of such a move. Some state legislators and members of Congress believe a balanced budget amendment would reduce federal funding to the states.
Goode says Virginia has survived just fine over the years with a balanced budget law.
There are others who fear that state-initiated amendments could severely damage the heart of the Constitution, a document that's served the country well for more than 200 years.
Goode thinks the process could work if the states are bound to single-subject amendments, which could be struck down by the Supreme Court if necessary.
It's not the first time Goode has taken an independent stance.
Many Democratic candidates this year will conceal any ties to Allen, the spiritual leader of the Virginia Republican Party. Goode embraces many of the governor's ideas.
Goode was the only Democratic legislator to serve on a federalism task force Allen established; it included several subcommittees related to states'-rights issues. Other members included Hopkins, Morris, Judge Robert Bork and U.S. Rep. Thomas Bliley, R-Richmond.
Goode's legislative career is marked by strong stands that, at times, have gone against the Democratic party line, such as his fight for a shared-power agreement between Democrats and Republicans in the state Senate this year.
Benjamin Tayloe, who leads the balanced federal system group in Westmoreland County, praised Goode for backing the amendment.
``This country's debt is the problem,'' he said. ``But we found that we - as people representing the states - couldn't do a thing about it because everybody's worried about a runaway convention. This really comes down to the sovereignty of the people.''
Fortescue Hopkins' home page is at: http://www.nrv.com/politics /flat-tax/
LENGTH: Long : 121 lines ILLUSTRATION: PHOTO: (headshot) Goode. color. KEYWORDS: POLITICS CONGRESSby CNB