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No Seperation of Powers for Tomblin

by: The Rufus

Wed Dec 22, 2010 at 00:37:39 AM EST


( - promoted by Clem Guttata)

by: The Rufus

Tomblin has undercut his own argument that there should not be an election until 2012.  Tomblin's deep involvement in the current debate in the Senate over proposed rule changes proves perfectly why there should be a special election for Governor as soon as possible- to protect the separation of powers between branches of government.

Tomblin could have cleanly cut a political deal with the Kessler camp but has instead allowed his former leadership team to wage a war against Kessler that threatens the sanctity of the Democratic Caucus.  

Foolishly, Tomblin found himself voting in caucus proceedings and making public comments supporting the status quo of his dual authority to appoint leadership in the Senate and serve as acting Governor.

Making matters worse, Tomblin appears to have given Kessler some type of assurance that he would support the rule change allowing the Senate to select a Senate President Pro Tempore under these most extraordinary of circumstances and has since, apparently, tried to back out of that deal.

It is likely that Tomblin is feeling a lot of pressure from the core of his own leadership group that faces the strong chance of being kicked to the back row of the Senate as leadership changes.  Particularly folks like Truman Chafin, Walt Helmick, and Joe Minard are at risk of losing a lot of power in this shift.

Beyond that, do not think that there is not a stark difference between the moderates in the Kessler camp and the conservatives in the Chafin-Minard camp.  Minard has even called the Kessler camp labor friendly liberals, which while not a bad thing in my opinion is an exaggeration of facts.  Those in the Kessler camp are moderate progressives, many with interesting ideas on how to change the status quo in the State.  They are not, however, left wing.

I have read on the Blue blog that some think a special election to be too costly.  Perhaps it is costly but the alternative is a fundamental breakdown in long held democratic practices via the checks and balances in our wonderful Democratic system.  Those that have defended Earl Ray Tomblin's ability to be acting Governor under the premise that he will take a hands off approach to proceedings in the WV Senate have been proven wrong.

Tomblin should call a special election immediately and Senator Kessler should take control of the Senate until a special election is held.  Otherwise, maybe the group of 17 should rethink their vote and push Kessler into the acting Governor role, a move would result in a quick special election and the protection of the sanctity of democratic ideals.

The Rufus :: No Seperation of Powers for Tomblin
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cost of elections (4.00 / 3)
God forbid our Democracy is ever so impoverished we cannot afford to elect those who govern us. What are we, serfs?

Levy a special oil, coal, and gas severance fee if we have to. Or, levy a special tax on TV commercials. The money is there.

I'm willing to pay whatever we need for a Democracy worthy of us all.


money, money (4.00 / 2)
The cost of the election should be a non-factor. It was $3.1 million for the US Senate special primary - so a primary and a general would be what $6.2 million - or less than 1% of our state's rainy day fund.

Of course, current state code calls for there to be party conventions instead of primaries.

The folks who argue against having a special election in 2011 use the cost factor in the arguments. HOWEVER, they also say: "but if there is to be an election in 2011 there should be a primary instead of a party convention." Having a primary election doubles the cost of the special election process.

Me thinks the anti-special election side should rethink their arguments...I'm just sayin.


[ Parent ]
Excellent! (4.00 / 1)
I'm practically giddy at the thought of new leadership.  I read somewhere, Metronews?, about the liberal scare card.
While I personally would wish for very liberal, I'm happy with this.  I like very smart.

no far left in office in West Virginia (0.00 / 0)
If there was anyone from the far left representing West Virginians in Charleston, they'd have a platform looking something like this:

# Nationalize the oil companies.
# Guaranteed job or income for everyone, put to work on infrastructure investment projects, alternative energy projects, retrofitting buildings to be energy efficient, etc.
# Cradle-to-grave Medicare-For-All.
# Child care for all.
# Eldercare for all.
# 6 week paid vacation for everyone.
# Triple Social Security's payments, lower retirement age to 55.
# Worker representatives on Boards of Directors.
# Limits to the how much of larger companies can be owned by a person or entity.
# When companies reach a certain size they become public entities. (Because they have so much effect on everything.)
# Companies responsible for externalized cost payback.
# A person whose job is replaced by technology receives for life a share of the savings.
# Bring back 90% top tax rates.
# Very very high estate taxes on very large estates.  Maybe up to 99% on estates over $1 billion.
# Freedom from distraction.  We have a right to our own attention, free from advertising and commercialization.  The right to public spaces free from commercialization.

There's quite a bit more I could add about equality, peace and the environment, too, but that's a pretty good start to show it a really narrow range in state house discussions. What passes for liberal thinking--however laudable--barely nudges the needle on the left/right spectrum.


[ Parent ]
I'm excited about the "thinking". (0.00 / 0)


[ Parent ]
Don't be fooled (0.00 / 0)
The constitution cannot be unconstitutional.

The constitution says the senate president shall act as governor until the next election.

The senate rules say the pro tempore serves in the president's absence.

Kessler can't say Tomblin shouldn't be involved in senate affairs and then call on him to publicly support a change to senate rules.

This is a very weak and silly attempt by Kessler to get his name in the mix for a future run at governor.  It is childish and immature.

What happens next?  Does Kessler run home to his mommy and tell her the other senators are being mean to him on the playground?

Kessler, Speaker Thompson, and all the rest knew what the law was long before Manchin left office and they didn't say a peep until now.

Tomblin is to be commended and applauded for staying above the fray in all of this and so far, he is doing a great job as governor.


The Senate Rules aren't in the Constitution (4.00 / 3)
The Senate adopts its rules of operation at the beginning of each session. A significant majority of the Democratic caucus wants the rules to be amended.

By my count, 17 members of the Senate are in favor of a rule change.
10 appear to be opposed.
6 Republicans are unknown.
Gov. Tomblin is reportedly opposed to the change.

However, Gov. Tomblin doesn't get to vote - unless he contradicts his earlier statement saying he would not engage in Senate business.

To me the measure wins 17-16.  This process ensures that the branches of Government remain independent.

Also, folks should remember that Kessler is a member of the current Tomblin leadership team as Senate Judiciary Chair. This isn't like David Grubb suddenly was trying to become Acting President.

In a good conversation everyone speaks.  In a great conversation some even listen.


[ Parent ]
Expense (4.00 / 1)
As the person that posted the diaries relating to the cost of the election and concerns over continuity of governance, I have not seen a response indicating how this will be paid for or mitigating concerns about inability to effectively operate the executive branch.

That being said, it looks like I am in the minority on that view and I can respect that.


Respectfully, I think you are wrong (4.00 / 2)
The funding to support such an election could be lessened if we have conventions instead of primaries.  Regardless, this is not the third world- we at least have money to have elections or we are in worse shape than we want to admit.

The continuity of governance issue might be a good argument but look at what we have now.  There is more confusion with Tomblin as acting Gov and Senate President then there ever would be with just settling the issue with a new election.  Just remember, Tomblin may be acting as a Governor but he is ONLY an ACTING Governor.


[ Parent ]
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WVa Democrats
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