This is Thomas A. Linzey's response to the Opinion of the Attorney General regarding chemical trespass ordinances in Southside and in Virginia. Mr. Linzey, an attorney, is the Executive Director of the Community Environmental Legal Defense Fund. Shireen Parsons is the tireless local CELDF representative so deeply involved in Southside's anti-uranium fight.
The Star-Tribune (Chatham)
The Star-Tribune (Chatham)
December 3, 2008
[To the editor:]
Regarding the Nov. 26 article, "Attorney general opinion says chemical trespass ordinance unconstitutional, " it's hard to be surprised by the actions of Virginia's state government any more.
In many ways, this sort of foolishness is to be expected. It's as if Attorney General McDonnell has forgotten who he works for, or what the Virginia Constitution actually says.
In many ways, this sort of foolishness is to be expected. It's as if Attorney General McDonnell has forgotten who he works for, or what the Virginia Constitution actually says.
Article I, Section 2 of the Virginia Constitution declares that "all power is vested in, and consequently derived from, the people."
Article XI, Section 1 declares that "it shall be the Commonwealth' s policy to protect its atmosphere, lands and waters from pollution, impairment, or destruction, for the benefit, enjoyment, and general welfare of the people of the Commonwealth. "
Article I, Section 3, declares that, "government is, or ought to be, instituted for the common benefit, protection, and security of the people, nation or community... and whenever any government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, inalienable, and indefeasible right to reform, alter, or abolish it."
In short, Mr. McDonnell, you need to remember that you work for, and are responsible to, the citizens of Virginia.
Article XI, Section 1 declares that "it shall be the Commonwealth' s policy to protect its atmosphere, lands and waters from pollution, impairment, or destruction, for the benefit, enjoyment, and general welfare of the people of the Commonwealth. "
Article I, Section 3, declares that, "government is, or ought to be, instituted for the common benefit, protection, and security of the people, nation or community... and whenever any government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, inalienable, and indefeasible right to reform, alter, or abolish it."
In short, Mr. McDonnell, you need to remember that you work for, and are responsible to, the citizens of Virginia.
| |
| |
A pattern has emerged across these United States - one in which communities have stopped hoping that state governments will help them instead of a wealthy few.
In acts of self-defense, they've begun enacting local laws to protect their families, their health and their environment.
But instead of being applauded for doing what's right, they're rebuked by state officials for taking their future into their own hands.
In Pennsylvania, for example, not only does the attorney general rebuke them, but he sues them under an agribusiness- drafted bill that was passed into state law several years ago.
In one of his recent lawsuits against a community, he actually asserts that "there is no inalienable right to local self-government. "
Something smells rotten - and it's not an odor that can be eliminated by simply electing new legislators.
It's a putrid stench caused by more than a hundred years of law - a legal structure that asserts that a corporate few have more rights than the citizens of the communities in which they operate.
Recognizing that, Pennsylvania citizens have begun throwing the state out of their local governments - in one community, the citizens have gone so far as to revoke the jurisdiction of the attorney general within their municipality.
It's time for Virginia citizens to do the same.
Because the state government has failed to protect their health, safety and welfare, the citizens must stand up and exercise their local governing authority.
If they don't, one thing is clear: the future of their communities will be bleak.
It's for the people to decide what's constitutional and what's not. It is, after all, their Constitution.
Thomas A. Linzey, Esq.
Executive Director
Community Environmental Legal Defense Fund
Chambersburg, Pa.
In acts of self-defense, they've begun enacting local laws to protect their families, their health and their environment.
But instead of being applauded for doing what's right, they're rebuked by state officials for taking their future into their own hands.
In Pennsylvania, for example, not only does the attorney general rebuke them, but he sues them under an agribusiness- drafted bill that was passed into state law several years ago.
In one of his recent lawsuits against a community, he actually asserts that "there is no inalienable right to local self-government. "
Something smells rotten - and it's not an odor that can be eliminated by simply electing new legislators.
It's a putrid stench caused by more than a hundred years of law - a legal structure that asserts that a corporate few have more rights than the citizens of the communities in which they operate.
Recognizing that, Pennsylvania citizens have begun throwing the state out of their local governments - in one community, the citizens have gone so far as to revoke the jurisdiction of the attorney general within their municipality.
It's time for Virginia citizens to do the same.
Because the state government has failed to protect their health, safety and welfare, the citizens must stand up and exercise their local governing authority.
If they don't, one thing is clear: the future of their communities will be bleak.
It's for the people to decide what's constitutional and what's not. It is, after all, their Constitution.
Thomas A. Linzey, Esq.
Executive Director
Community Environmental Legal Defense Fund
Chambersburg, Pa.
No comments:
Post a Comment