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Thread: The King is Dead.

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    Regular Member Virginiaplanter's Avatar
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    For the first time since June 12, 1776, the modern Virginia Supreme court today recognized the Sovereignty of the People as intended by the Virginia Bill of Rights and allowed a law suit seeking declaratory and injunctive relief to move forward without being blocked by the King's Prerogative. It has been the practice of the Office of the Virginia Attorney General to stand up in court and shout Sovereign Immunity! Sovereign Immunity! And the most egregious violations of our rights have been allowed to stand because of the Supreme Court's refusal to recognize the sovereignty of the people expressed in their Constitution.

    "The Commonwealth Defendants and the MWAA responded by filing demurrers and pleas in bar asserting, among other things, that the plaintiffs' claims are barred by the doctrine of sovereign immunity and that the circuit court, therefore, lacked jurisdiction to hear the action. In their memorandum opposing the demurrers and pleas in bar, the Plaintiffs argued that their complaint alleged not only "violations of the separation of powers clauses of the Virginia Constitution (Article I, [Section] 5 and Article III, [Section] 1)" but also a violation of Article IV, Section 1 pertaining to the delegation of the General Assembly's taxing power. The Plaintiffs claimed that these provisions of the Virginia Constitution are self-executing and thus constitute a waiver of the Commonwealth's sovereign immunity. The circuit court sustained the demurrers and pleas in bar and dismissed the complaint....
    Thus, "as a general rule, the sovereign is immune not only from actions at law for damages but also from suits in equity to restrain the government from acting or to compel it to act." Hinchey, 226 Va. at 239-40, 307 S.E.2d at 894 (citing Larson v. Domestic & Foreign Corp., 337 U.S. 682 (1949)). "Sovereign immunity may also bar a declaratory judgment proceeding against the Commonwealth." Afzall, 273 Va. at 231, 639 S.E.2d at 282. And because the Commonwealth can act only through individuals, the doctrine applies not only to the state, but also to certain government officials. Messina, 228 Va. at 308, 321 S.E.2d at 661. "[H]igh level governmental officials have generally been accorded absolute immunity." Id. at 309, 321 S.E.2d at 661, accord Alliance to Save the Mattaponi v. Commonwealth, 270 Va. 423, 455, 621 S.E.2d 78, 96 (2005)...
    If a constitutional provision is self-executing, no further legislation is required to make it operative. Gill v. Nickels, 197 Va. 123, 129, 87 S.E.2d 806, 810 (1955); City of Newport News v. Woodward, 104 Va. 58, 60, 51 S.E. 193, 193 (1905); see also Black's Law Dictionary 1391 (8th ed. 2004) (defining the term "self-executing" as "effective immediately without the need of any type of implementing action").In Robb v. Shockoe Slip Foundation, 228 Va. 678, 324 S.E.2d 674 (1985), we explained how to determine whether a constitutional provision is self-executing:
    "A constitutional provision is self-executing when it expressly so declares. See, e.g., Va. Const. art. I, ยง 8. Even without benefit of such a declaration, constitutional provisions in bills of rights and those merely declaratory of common law are usually considered self-executing. The same is true of provisions which specifically prohibit particular conduct. Provisions of a Constitution of a negative character are generally, if not universally, construed to be self-executing. . . ."
    The fact that a self-executing constitutional provision is operative without the need for supplemental legislation means that the provision is enforceable in a common law action. Compare Kitchen, 275 Va. at 392, 657 S.E.2d at 140 (holding that a self-executing provision "permits a property owner to enforce his constitutional right to just compensation in a common law action"), with Robb, 228 Va. at 683, 324 S.E.2d at 677 (dismissing a bill of complaint because a constitutional provision was not self-executing). The constitutional provisions at issue in this case place duties and restrictions upon the Commonwealth itself and its departments. To give full force and effect to the provisions as self-executing, a person with standing must be able to enforce them through actions against the Commonwealth. Thus, we further hold that the self-executing constitutional provisions before us waive the Commonwealth's sovereign immunity...
    We hold that Article I, Section 5; Article III, Section 1; and Article IV, Section 1 are self-executing constitutional provisions and thereby waive the Commonwealth's sovereign immunity. Because the Plaintiffs do not challenge the circuit court's finding that the doctrine of sovereign immunity applies to the MWAA, our conclusion applies only to the Commonwealth Defendants. Thus, we will reverse the judgment of the circuit court with regard to the Commonwealth Defendants and remand this case for further proceedings."
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    Campaign Veteran skidmark's Avatar
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    Hot Diggity Dog! :celebrate

    This has implications that extend to the far horizons. It will take time, patience, and good sheparding to see just how far the limits against soverign immunity can be extended, but much more than the nose of the proverbial camel is under the tent flap.

    stay safe.

    skidmark
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
    ----Allahpundit

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    Regular Member Neplusultra's Avatar
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    skidmark wrote:
    Hot Diggity Dog! :celebrate

    This has implications that extend to the far horizons. It will take time, patience, and good sheparding to see just how far the limits against soverign immunity can be extended, but much more than the nose of the proverbial camel is under the tent flap.

    stay safe.

    skidmark
    Call me dumb but I don't see the significance.....

  4. #4
    Regular Member Virginiaplanter's Avatar
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    If you follow the link above under Sovereign Immunity you will see that Sovereign Immunity was raised by the Attorney General and accepted by the court in an action to overturn the State Parks Ban on open carry. The same arguments were put forth in that lawsuit. Now the court has accepted the legal theory from the first lawsuit (Argued before a panel of the court by the Founder of Virginia1774.org in April 2007.) and this new case that the constitution is the will of the people and the people have constented to the waiver of the immunity to enforce the prohibitions against government action.

    Therfore, a lawsuit for an injunction against an agency for violations of the right to keep and bear arms under the Virginia Bill of Rights cannot be summarily dismissed on Sovereign Immunity grounds which has been controlling for over 150 years.

    "This power, directly contrary to the Articles of Confederation, is assumed upon the Doctrine now industriously propagated "that the late Revolution has transferred the Sovereignty formerly possessed by Great Britain, to the United States, that is to the American Congress" A Doctrine which, if not immediately arrested in it's progress, will be productive of every Evil; and the Revolution, instead of securing, as was intended, our Rights & Libertys, will only change the Name & place of Residence of our Tyrants..." George Mason, Letter to Thomas Jefferson, 1781.


    If the Sovereign Immunity link above doesn't work try this:

    http://www.virginia1774.org/ReplyBriefinOpposition.pdf[code]

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