Section 58 of Article IV of the Virginia Constitution is considered so significant that it is required by the General Assembly to be included in the subject matter of all schools in the state. Its significance lies in the provisions included in this section which guarantee added protection to individual liberties by a series of prohibitions on the General Assembly itself. These prohibitions include the following:
(1) The General Assembly cannot suspend the writ of habeas corpus unless when, in case of invasion or rebellion, such action is required for public safety. Habeas corpus, literally, is a Latin expression meaning "You have the body"; a writ is a written legal command or order. Therefore, a writ of habeas corpus is an official order commanding a person who has another person in custody to produce the body of such person who is being detained before a court; thus, any person arrested or otherwise detained upon suspicion of crime has the right to demand an immediate hearing in court with a view to determine officially whether or not there is adequate ground for his detention. If the prisoner is then believed to have been detained on insufficient grounds, he will be given his freedom; otherwise, he will be held for trial, with or without release on bail. Consequently, the writ of habeas corpus acts as a protection for each individual against possible illegal or unlawful imprisonment.
(2) The General Assembly cannot pass a bill of attainder. In English law, a bill of attainder was an act of Parliament which pronounced the sentence of death against an accused person with consequent complete destruction of his civil rights without even a trial being conducted. In the Seventeenth Century these bills were commonly used in England. The writers of the Virginia Constitution did not believe in having an individual punished or convicted of a crime without a trial by jury in a court with proper jurisdiction. This prohibition guarantees a fair trial and means that an individual is "not guilty" until proven "guilty" of violating some law or constitutional provision.
(3) The General Assembly cannot pass an ex post facto law. "Ex post facto" literally means "after the fact." An ex post facto law is defined by the United States Supreme Court as one which "makes an action done before the passing of the law, and which was innocent when done, criminal, and punishes such action." Therefore, the legislature cannot pass criminal legislation after an alleged crime has been committed that, if brought to bear against an accused person, would be to his disadvantage. Retroactive criminal legislation which is not detrimental to an accused person is permissible (for example, a law reducing a penalty). Therefore, only those individuals who violated a law after a law has been passed are subject to punishment.
(4) The General Assembly cannot pass a law impairing the obligation of contracts. A contract is a formal agreement between two or more persons binding them to a particular action. Such contracts play a most important role in society today and must be regarded with utmost sincerity. The United States Constitution specifically prohibits the states from passing any law which would impair the obligation of contracts, would weaken their effect or would make them more difficult to enforce.
(5) The General Assembly cannot pass a law abridging the freedom of speech or of the press. Individuals are granted the right to participate in political discussion and criticism and in the interchanging of ideas and opinions in general. This, however, does not guarantee absolute freedom: one cannot utter or publish untruths, incite insurrections, encourage the disobedience of laws, defame the government, or give aid and comfort to foreign countries involved in war against the United States. One can easily understand the necessity for such limitations to freedom.
(6) The General Assembly cannot enact a law whereby private property would be taken or damaged for public uses without just compensation. The General Assembly has the authority to define the term "Public Uses." Originally in Virginia, the courts decided this definition, but an amendment later transferred this power from the courts to the General Assembly, making it a legislative rather than a judicial decision. The sovereign power of a state to take private property for public purposes with proper compensation is called the "right of eminent domain." The General Assembly must abide by such a right. Therefore, a resident in Virginia is guaranteed protection from having his private property seized from him for unfair or unjust compensation. In case of a dispute over the fair value of such property, the court decides the fair amount.
(7) The General Assembly cannot compel an individual to frequent or support a particular religious place of worship and cannot force an individual to suffer because of his religious beliefs or opinions. All individuals are to be guaranteed their religious freedom and the General Assembly cannot require religious tests, bestow certain privileges or advantages to a particular sect or denomination and cannot pass any law requiring or authorizing any official church within the state. Likewise, the General Assembly cannot levy taxes on the people forcing them to support the activities of a particular church or the building program of any house of worship. The General Assembly, therefore, is forbidden to interfere with the religious belief and worship of the inhabitants within the state. Another section of the Constitution forbids the General Assembly from incorporating churches or granting charters of incorporation to any religious denomination.
These religious safeguards for a person's individual beliefs are primarily repetitions of the provisions of Thomas Jefferson's "Statute of Virginia for Religious Freedom." Since it is more difficult to change a provision of a constitution than a statute or a law, these provisions were included in the Virginia Constitution for emphasis and for a more enduring effect.
The General Assembly is also forbidden to authorize lotteries (the distribution of prizes determined by chance or by lot) or to allow the residents of the state to buy, sell, or transfer lottery tickets or chances.