THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Thursday, October 31, 1996 TAG: 9610310018
SECTION: FRONT PAGE: A12 EDITION: FINAL
TYPE: Editorial
LENGTH: 59 lines
The Nov. 5 election isn't just about Clinton vs. Dole or Warner vs. Warner. Five proposed amendments to the Virginia Constitution are also on the ballot. The issues may be more obscure than the high-profile races, but how you vote could have long-term consequences.
In general, we believe the state constitution should remain uncluttered, but there are exceptions. These are our recommendations:
Amendment 1. Shall the funds in the government-employees retirement system be administered and invested as an independent trust fund?
Yes. Such restraint is in keeping with Virginia's tradition of sound fiscal management. Politicians have resisted raiding the $21 billion fund, but it is a tempting cookie jar. Prudence dictates removing the temptation.
Amendment 2. Shall the Constitution provide that victims of crime be treated with ``fairness, dignity, and respect'' in the criminal-justice process, and shall the General Assembly be given the power to define their rights by law?
No. The General Assembly already possesses such power and has used it. Crime victims deserve to be treated with dignity and respect. Decency and increased public awareness of their concerns dictate that in most cases they will be. Recently approved laws provide protection when decency fails. This is not a constitutional issue.
Amendment 3. Shall the Constitution of the Commonwealth be amended to authorize the General Assembly to allow the Commonwealth the right of an appeal in all cases, including criminal cases, provided that the appeal would not violate the Virginia or United States Constitution?
No. This amendment would allow the General Assembly to pass laws giving prosecutors the power to appeal all cases. This proposal is too broad and allows politicians, who are under tremendous pressure to get tough on crime, to pass laws restricting the rights of Virginians.
The state, with its considerable resources, expert investigators and skillful lawyers, has just one shot at convicting those charged with crimes and that's as it should be.
There must be a finality for those charged with crimes. When a defendant is acquitted of a crime or his conviction is overturned because of trial-court error, that must be the end of his ordeal.
Amendment 4. Shall the Constitution be amended so that voter-registration forms can be revised and so that voters who move within Virginia can vote in their former precincts under conditions set by law?
Yes. This is largely a housekeeping measure, designed to bring Virginia into conformance with what is now the law of the land, the Motor Voter Act. If the amendment fails, Virginia must keep separate state and federal voter lists, an unnecessary expense.
Amendment 5. Shall language prohibiting the incorporation of any church or religious organization be removed from the Constitution?
Yes. Virginia and West Virginia are the only states that do not already allow churches to incorporate. Passage of this amendment would make it easier for churches to own property without subjecting their deacons or trustees to personal liability.
KEYWORDS: ENDORSEMENTS VIRGINIA STATE CONSTITUTION
AMENDMENTS by CNB