Friday, July 2, 2010
Resolved That these United Colonies are, and of right ought to be, free and independent states, that they are absolved from all allegiance to the British Crown,and that all political connection between them and the State of Great Britain is, and ought to be, totally dissolved.
That it is expedient forthwith to take the most effectual meausres for forming foreign Alliances
That a plan of confederation bed prepared and transmitted to the respective Colonies for their consideration and approbation.
Passed July 2nd 1776.
Thursday, July 1, 2010
Wednesday, June 30, 2010
Who potentially has the most to gain for certain if West Virginia decides to hold a special election this fall? State Senate President Earl Ray Tomblin, maybe.
It is well known that Governor Joe Manchin wants to serve in the United States Senate. It has also been rumored that Earl Ray Tomblin would not object to serving as state governor. Right now he is second in succession and would assume office should Joe Manchin run for, and win election to the Senate. Should that happens, he would have two years to serve as incumbent governor, sweeping the field of Democratic challengers and putting him in strong position against a Republican nominee.
This would thwart the alleged gubernatorial aspirations of Secretary of State Natalie Tennant who would be in a much better position if the special senatorial election took place in 2012. Her interpretation of state election laws serves her very well and does not threaten the Governor's aspirations. However there is a special session of the State Legislature looming on July 19th in which they could choose, according to Hoppy Kercheval, to "clean up" the election law. If Tomblin wants to force the issue and perhaps become governor, he is definitely in the driver's seat as Senate President. Add to that the fact that it is simply more democratic to give the choice to the people sooner rather than later.
Britain calls election years the "silly season." It is going to get a lot more interesting than usual this coming month.
Ms. Capito is right. When government decides which businesses should always be helped while others slide into failure, this opens the door wide to corruption, not to mention violating the spirit of the equal protection clause of the 14th Amendment. What incentive does a business have to make reasonable decisions when they believe the taxpayers will always bail them out? How is that fair to a business outside the loop?
Shelley Moore Capito believes in capitalism and the rule of law. She proves it every day by fighting for fair capitalist competition instead of protection for the friends of fat cat Democratic congressmen.
Tuesday, June 29, 2010
According to West Virginia MetroNews, Governor Manchin can appoint an interim replacement. That interim can hold the seat until November 2012 at which point there will be an election. The same elected seat will have two races. One will be to see who will serve out the last five or six weeks, the other will be to see who takes over afterward.
As far as I can see, this is a combination of the state code and a 1994 State Supreme Court case over the replacement of a judge.
Major media outlets have bombarded the Secretary of State's office to ask clarification of the succession. The Secretary claimed that the office originally wanted to hold off on discussion out of respect for the dead. I see her point, but the plain fact is that this is a question that needed answered this morning in a quiet press release. That is, unless the process is so Byzantine that it actually took them all day to figure it out.
I blame the State Legislature. It's not like no one has asked these questions before. It's also not like this situation was sneaking up on us. We needed the State Legislature to create a rational and simple process and they did not do so. They must address this in the next term, even if it does not apply to the present situation. Fact is that it is not a secret that our other Senator is no spring chicken himself.
Add to this whole mess is the fact that it is probably open to a number of interpretations. We may not have seen the final process mapped out in how we get from today to the final man or woman who will end up in the seat.
Rule of law means that we need a code of law that is easy to understand, efficient, and restrained. In this case, the state law is not any of those desirable characteristics.
Finally, the Governor has not yet indicated who he will appoint, or when that appointment will occur.
Monday, June 28, 2010
There is no announcement on the WVSOS website as of yet.
It is expected that Secretary Tennant will clarify state law on the matter of the late Senator Byrd's succession. One journalist has stated that there will be a "snap election" in November, while others have disputed that interpretation.
We differed with Senator Byrd on many principles, but we never for a second questioned his integrity and love for the United States Constitution and the State of West Virginia. He battled in the name of our founding document against political friend and opponent alike. Byrd earned one of the highest honors due a Senator, the position of Majority Leader. However he abandoned that post during a time when West Virginians suffered from severe economic distress to chair the Appropriations Committee. From there he steered billions of federal dollars here. Again, we may disagree with the method in which he worked to benefit the Mountain State, we do not question his heart or positive intentions.
Senator Byrd followed in the footsteps of a long line of great West Virginia legislators such as Stephen B. Elkins, Harley O. Staggers, Jennings Randolph and many others. He carried on a tradition of common sense principles on the national level coupled with the desire to advance his state.
We also remember the scholarship of Senator Byrd, advancing the national discussions on law and rights. He wrote on the history of the Roman Senate, but was more famous for his works on the United States Congress. Historians for some time to come will remain grateful for his compilations of senatorial statistics and important addresses. We would certainly not be honest if we claimed to agree with all of his other writings, particularly those about President George W. Bush, but we definitely respect these expressions in the great tradition of our natural right to disagree with the government and its leaders.
Senator Byrd always cut a unique figure. In his early years of campaigning he loved to talk politics to voters while entertaining him with his fiddle. In later years he brought powerful constitutional issues up for debate in his beloved Senate. Regardless of where he was or what he did, Robert C. Byrd was a leader and people appreciated him.
West Virginia already misses him. He lived to work in a land where political storm clouds rose, but now the Lord has called him home to the land of unclouded days.