| By Clem Guttata
Update: See update at bottom of post that corrects a (major) factual error.
Before I remind everyone why Carte Goodwin is the right person to the serve as West Virginia Senate President, acting Governor, I want to dispense of one objection.
Senate Rules
There is nothing in past state Senate rules that says the Senate president needs to be an elected member of the Senate. In fact, of the 4 elected Senate offices, the President is the only one regularly held by a member of the Senate.
The amended rules agreed upon by the majority of the Democratic caucus for the 2011 West Virginia state Senate are also moot on the question of eligibility for Senate President.
Current Challenges
With that objection out of the way, let's review the major political controversy of the moment.
There are two major challenges at hand:
1. A constitutional challenge: Our constitution states that no one can serve in the legislative and executive departments (a.k.a. branches) at the same time. That's the crux of the on-going lawsuit, that someone elected as a State Senator is ineligible to serve as acting Gov.
2. A political challenge: There is no shortage of people who want to be elected as Gov. of West Virginia. As citizens of this fine state, we should all be proud to have so many well qualified candidates to lead our state. Alas, we're just not sure how long we're going to have to wait to choose among them.
Meanwhile, only one person can act as Gov. while we wait for an election. Of course, all those other fine folks who can't act as Gov. want the election sooner rather than later. To complicate matters, it may well be the person who is acting as Gov. who gets to decide exactly when!
Solution
Fear not, here is a solution: a caretaker acting Governor.
 As it happens, West Virginia is also blessed with an experienced caretaker at hand. Carte Goodwin showed himself quite capable at filling in as a United States Senator on short notice.
If then Gov. Joe Manchin thought Carte Goodwin was qualified enough back then to serve in Joe's next job, surely Carte is qualified enough now to serve in Joe's last job.
Along with the new 2011 Senate rule changes adopted by the Democratic caucus, the constitutional crisis can be is when someone other than a Senator being elected as Senate President.
Because the newly elected Senate President then immediately takes the office of acting Governor, as long as they never perform any other Senate duties, the separation of branches will be maintained.
Further, Carte Goodwin has expressed no interest in running for Governor. He was quite satisfied to return to private life after serving as a United State Senator. As acting Gov. his attention will be fully on being Gov., not on winning re-election, too.
This is, admittedly, a creative and unexpected solution.
Extraordinary times call for extraordinary solutions.
Update
Well, so much for that solution. The constitutional problem is not solved.
6-24. Rules governing legislative proceedings.
The Senate shall choose, from its own body, a president; and the House of Delegates, from its own body, a speaker. Each house shall appoint its own officers, and remove them at pleasure.
It just goes to show what a mess the state of West Virginia laws are in.
The best alternative I've heard of is having either the Sec. of State or the State Auditor also serve as the Lt. Gov., serving in the Gov.'s place during their absence. Then, with less than a year left in a term elections completed in 90-120 days.
If you agree that we need a better defined governor succession plan to avoid legal cases and constitutional ambiguity in the future, contact your state legislators (we've each got two state Senators and one House member) and let them know. |
