SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

1997 SESSION

970370693
SENATE JOINT RESOLUTION NO. 230
Offered January 13, 1997
Memorializing Congress to submit to the states a constitutional amendment protecting environmental rights.
----------
Patrons-- Lambert, Gartlan, Quayle, Stosch and Whipple; Delegate: Melvin
----------
Referred to the Committee on Rules
----------

WHEREAS, the triumph of freedom and justice embodied in the Constitution of the United States of America gave contemporary and future generations a structure for ordered liberty that has served this nation well; and

WHEREAS, those historic decisions, augmented from time to time by amendment, produced a constitution that permits each generation to overcome the great social disturbances of its time; and

WHEREAS, protection of the rights of speech and assembly, the liberation of enslaved Americans, the right of women to vote, restraints on the power of concentrated wealth, the intelligent use of government to protect the economic interests of all, and requirements for the use of national military power here and abroad have all been achieved through this constitutional framework; and

WHEREAS, the continuing and growing threat to the public health and the nation's natural resources is the challenge to this generation of the kind other generations faced and overcame; and

WHEREAS, citizens and lawmakers are the custodians of the health of today's children and tomorrow's generations, whose ability to breathe clean air, drink healthful water, avoid poisons, and share in the spiritual regeneration that comes from wilderness and nature is in danger; and

WHEREAS, this generation is therefore obliged to protect each citizen from these threats as surely as were previous generations obliged to enhance freedom, justice and prosperity; and

WHEREAS, a constitutional remedy is necessary to accomplish this goal; and

WHEREAS, the commitment to the public health and environmental security of present and future generations is so important, and so deeply a part of American tradition and values that it requires constitutional status; and

WHEREAS, citizens can no more rely on statutory protections for the environment and public health than the nation of 130 years ago could rely on law alone for the liberation of enslaved Americans, or could the nation of 80 years ago when it declared the right of women's suffrage to be a constitutional value; now, therefore, be it

RESOLVED by the Senate, the House of Delegates concurring, That the Congress of the United States be requested to submit to the several states the following amendment to the Constitution of the United States:

The natural resources of the nation are the heritage of present and future generations. The right of each person to clean and healthful air and water, and to the protection of the other natural resources of the nation, shall not be infringed upon by any person; and, be it

RESOLVED FURTHER, That this body also propose that the legislatures of each of the several states comprising the United States apply to the Congress requesting the enactment of the above amendment to the Constitution; and, be it

RESOLVED FINALLY, That the Clerk of the Senate transmit copies of this resolution to the Speaker of the United States House of Representatives, the President of the United States Senate, the members of the Virginia Congressional Delegation, and the presiding officers of the other states' legislatures in order that they may be apprised of the sense of the Virginia General Assembly in this matter.