Also under this same agenda, there was no room for the repeal of Common Core standards which were shoved down the throats of West Virginians by the unelected State Board of Education. The House passed the bill 75-19, but it was gutted in the Senate on an unrecorded 18-16 floor vote and replaced with a bill that calls for a study. State Board of Education Superintendent Michael Martirano threatened the Legislature with a preposterous $128 million cost to repeal the standards, but when the Board passed Common Core several years ago, costs were not an impediment. According to an article in www.truthinamericaneducation.com, six Senate Republicans contributed to the defeat.
And the “economic agenda” struck us again when the practice of forced vaccination of school students was allowed to continue. Health-Nazis succeeded in gutting the Medical and Religious Exemption bill for vaccinations (S.B. 286) in the Senate Health and Human Resources committee. The religious exemption was removed and a provision that is supposed to prevent delays in the approval of medical exemptions retained. GOP Senators Mike Hall, Mike Maynard, and Chris Walters chickened out and dropped their sponsorship of the bill shortly after introduction while the Health-Nazis were having a fit over vaccination exemptions during an out-of-state measles outbreak. Had enough, yet?
On a positive note, the session marked the rise of the Liberty Caucus, a group of delegates who are committed to limited government and Constitutional fidelity Their influence was felt in the defeat of the Forced Pooling bill which was supported by almost all of the rest of the Republicans and so we commend these statesmen for their courage to put principle over politics—the motto of our Party.
Keep your eyes and ears open, folks, and your brains in gear! We are hearing more and more about an Article V constitutional convention (Con-Con) with several groups advocating for it, for several different reasons – from balancing the budget, to term limits, to campaign finance reform and limiting “constitutional rights” of corporations. Many of the groups work together, including sharing board members and belonging to a coalition named Call A Convention.
Call A Convention, whose goal is “a truly open and constructive” (i.e. unlimited) Article V convention, was formed in 2013 by Lawrence Lessig, a leftist, a blasphemer and friend and associate of both George Soros and Barack Obama. Lessig is also on the boards of Compact For America (CFA), ConventionUSA, and Rootstrikers and works closely with leftist Wolf-Pac as well as Mark Meckler’s Convention of States (COS). In West Virginia, it is mostly COS that has been wooing our legislators but recently CFA has been actively seeking supporters.
The COS website has a petition that calls for “an Article V convention to propose only amendments that would impose fiscal restraints on the federal government, limit its power and jurisdiction, and impose term limits on its officials and members of Congress.” Such a convention could easily become the “runaway” convention that sensible people fear would either radically alter our Constitution or even replace it with one of the socialist constitutions already written and waiting in the wings.
Compact for America calls for the creation of a compact of 38 states to petition Congress to call an Article V convention for proposing a balanced budget amendment (BBA) only. The application contains all the rules for governing the convention AND a pre-written BBA that would be “pre-ratified” within the initial applications. This appears to be the completely safe answer to all the fears previously expressed by critics.
But, please don’t believe in fairy tales. Not only is this Con-Con vulnerable to becoming a “runaway,” constitutional scholar Publius Huldah warns that it is “actually a tricky device for imposing a national sales tax or value added tax on the American People – on top of the income tax – and does nothing to limit federal spending.” Publius Huldah has also explained that – unlike the states, which require budgets – the federal government is limited by the Constitution to spending only for the few enumerated powers and obligations that it authorizes. A BBA would substitute a “budget” for the enumerated powers and authorize the national government to spend money on whatever it puts in the budget. “To add insult to injury,” Huldah alleges, “while all versions of a BBA pretend to limit spending, they actually permit increases in spending
and increases in debt whenever a majority votes to do so.”
Constitution Party of West Virginia Chairman Jeff Becker has placed a number of redistricting ideas with detailed color maps on his website at http://jeffbecker.us. Columnist Phil Kabler commented on them in his West Virginia Gazette article last week: http://wvgazette.com/News/201106101179
There is a 30-member House of Delegates redistricting team that is holding meetings around the state on these, as well as John Unger’s State Senate task force. More information on these and other legislative activities can be found at http://www.legis.state.wv.us/redistricting.cfm
On Monday, February 14, 2011, three CPWV officers gave some Valentine’s Day love to our state legislators by spending the day at the Capitol Complex in Charleston and lobbying for Senate Bill 417. S.B. 417 (LINK: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb417%20intr.htm&yr=2011&sesstype=RS&i=417) was introduced earlier in the month by Senator Clark Barnes and would expand political party qualification nine-fold to any statewide office candidate who garnered at least 1% of the vote. Currently an organization of voters only has one (1) chance every four years with one (1) candidate for governor. Additionally, this bill provides a tenth way to qualify the party via voter registration numbers.
By a majority vote of their duly elected officers, the Constitution Party of West Virginia adopted a resolution on Gubernatorial Succession today calling for a special election to replace acting Governor Earl Ray Tomblin. The resolution, shown below, is based on detailed analysis of the West Virginia State Constitution and also addresses the issue of Mr. Tomblin’s attempt to maintain dual legislative offices.
WHEREAS, Article V § 1: Division of Powers, of the West Virginia Constitution states; The legislative, executive and judicial departments shall be separate and distinct, so that neither shall exercise the powers properly belonging to either of the others; nor shall any person exercise the powers of more than one of them at the same time, except that justices of the peace shall be eligible to the Legislature, and
WHEREAS, Article VII, § 4: Eligibility, of the West Virginia Constitution states in part; none of the executive officers mentioned in this Article shall hold any other office during the term of his service…, and
WHEREAS, Article VII § 16: Vacancy in Governorship How Filled, of the West Virginia Constitution states in part; Whenever a vacancy shall occur in the office of governor Before the first three years of the term shall have expired, a new election for governor shall take place to fill the vacancy, and
WHEREAS, Article VII § 2: Election; of the West Virginia Constitution states; an election for governor, secretary of state, auditor, treasurer, commissioner of agriculture and attorney general, shall be held at such times and places as may be prescribed by law, and
WHEREAS, there seems to be controversy in the procedure of filling the vacancy of governor and the permitted duties of the person filling the vacancy, now therefore be it
RESOLVED, by the Constitution Party of West Virginia that an election should be held to fill the remainder of the term of governor because three years of the current term (of Gov. Manchin) have not passed (Article VII § 16). Such election shall be established by law pursuant to Article VII, § 2 by the Legislature, and be it further
RESOLVED that the acting governor cannot perform any legislative duties, while acting as governor (Article V § 1 and Article V § 4 of the Constitution of West Virginia).