Thursday, November 11, 2010
Gubernatorial Question Likely To Legislature
WEST VIRGINIA...
The courts will likely have a say in Senate President Earl Ray Tomblin's role as acting governor, Gov. Joe Manchin said Wednesday. Manchin, who is expected to leave office to join the U.S. Senate Monday, also defended his decision not to call a special legislative session to settle a dispute over what should happen next, saying the Legislature's role is limited. "This is a constitutional matter," Manchin said in an interview with the Daily Mail. "It's not, 'You can just pass something up there (in the Legislature).'"
"It's the interpretation of the constitution of what the meaning and what the intentions were," Manchin said. "And, one says, There won't be separation; and the other says, You will hold both duties. Somebody's got to make that decision." The state constitution calls for the Senate president to "act as governor" when there is gubernatorial vacancy. But it also calls for a separation of powers between the legislative, executive and judicial branches. Having the head of one house of the Legislature serve as the state's chief executive seems to conflict with that.
Tomblin earlier this week compared his role to that of the U.S. vice president, who also serves as the president of the U.S. Senate but assumes the office of president when there is a vacancy.
The separation of powers question has largely been obscured by the debate over when the next election for governor should be held. There, the question is whether or not there needs to be a gubernatorial election next year or during the regular 2012 election cycle. Lawyers seem to agree that state law only calls for an election in 2012, but there is some question about whether or not the constitution suggestions that there should be an election sooner rather than later.
Manchin declined to give his opinion on whether an election should be in 2012 or in 2011.
He said only that, "I'll tell you, I'm not sure the people want to stomach an election so quick."
He appeared to be referring to the election fatigue some voters might feeling. They were asked to cast three ballots in 2010, including in the special U.S. Senate primary and then in the bitter general election between Manchin and Republican industrialist John Raese. The state was blanketed with negative ads throughout the past few weeks.
Manchin said he didn't call the Legislature to town - as some, like House Speaker Rick Thompson, want - because all it could do is set a date for the election and not settle the separation of powers question. But the timing question alone could be problematic since many lawmakers - including Tomblin, D-Logan, and Thompson, D-Wayne - are jockeying to run for governor, be it in 2011 or 2012.
The courts will likely have a say in Senate President Earl Ray Tomblin's role as acting governor, Gov. Joe Manchin said Wednesday. Manchin, who is expected to leave office to join the U.S. Senate Monday, also defended his decision not to call a special legislative session to settle a dispute over what should happen next, saying the Legislature's role is limited. "This is a constitutional matter," Manchin said in an interview with the Daily Mail. "It's not, 'You can just pass something up there (in the Legislature).'"
"It's the interpretation of the constitution of what the meaning and what the intentions were," Manchin said. "And, one says, There won't be separation; and the other says, You will hold both duties. Somebody's got to make that decision." The state constitution calls for the Senate president to "act as governor" when there is gubernatorial vacancy. But it also calls for a separation of powers between the legislative, executive and judicial branches. Having the head of one house of the Legislature serve as the state's chief executive seems to conflict with that.
Tomblin earlier this week compared his role to that of the U.S. vice president, who also serves as the president of the U.S. Senate but assumes the office of president when there is a vacancy.
The separation of powers question has largely been obscured by the debate over when the next election for governor should be held. There, the question is whether or not there needs to be a gubernatorial election next year or during the regular 2012 election cycle. Lawyers seem to agree that state law only calls for an election in 2012, but there is some question about whether or not the constitution suggestions that there should be an election sooner rather than later.
Manchin declined to give his opinion on whether an election should be in 2012 or in 2011.
He said only that, "I'll tell you, I'm not sure the people want to stomach an election so quick."
He appeared to be referring to the election fatigue some voters might feeling. They were asked to cast three ballots in 2010, including in the special U.S. Senate primary and then in the bitter general election between Manchin and Republican industrialist John Raese. The state was blanketed with negative ads throughout the past few weeks.
Manchin said he didn't call the Legislature to town - as some, like House Speaker Rick Thompson, want - because all it could do is set a date for the election and not settle the separation of powers question. But the timing question alone could be problematic since many lawmakers - including Tomblin, D-Logan, and Thompson, D-Wayne - are jockeying to run for governor, be it in 2011 or 2012.
# posted by Homer Owens @ 11:10 AM 
