Repeater
Regular Member
It would now appear painfully obvious to (almost) all that Mark Herring is an incredibly dangerous ideologue.
We all should expect the AG to defend the laws of the Commonwealth -- AND our Virginia Constitution -- unless plainly unconstitutional.
If the AG won't defend provisions of laws he doesn't like, that would likely extend to gun laws.
Now there is talk of impeachment:
From our Constitution:
We all should expect the AG to defend the laws of the Commonwealth -- AND our Virginia Constitution -- unless plainly unconstitutional.
If the AG won't defend provisions of laws he doesn't like, that would likely extend to gun laws.
Now there is talk of impeachment:
You don’t get to cherry pick which laws you like and which ones you don’t when you’re the state’s top law enforcement official. Your job is to enforce them all. If you believe that a part of the state constitution or a law is unjust, then as Attorney General you can submit your recommendation to the General Assembly for them to change the law or put a constitutional amendment on the ballot to correct it.
It is not the job of the Attorney General to decide whether a law is constitutional or not (and in this case, the law in question is part of the Virginia state constitution, so by definition it cannot be unconstitutional at the state level). Furthermore, neither the U.S. Supreme Court nor the Fourth Circuit Court of Appeals that has jurisdiction over Virginia have ruled on the constitutionality of this issue, so even if Herring were to argue he is following the U.S. Constitution, there is no legal basis for that assertion.
It is time for our elected officials in the General Assembly, from both parties, to take a stand and affirm that we have proper procedures for dealing with such matters legislatively, not by fiats and whims. If they fail to do so, they will have ceded considerable authority that they will not be able to regain.
From our Constitution:
Section 17. Impeachment.
The Governor, Lieutenant Governor, Attorney General, judges, members of the State Corporation Commission, and all officers appointed by the Governor or elected by the General Assembly, offending against the Commonwealth by malfeasance in office, corruption, neglect of duty, or other high crime or misdemeanor may be impeached by the House of Delegates and prosecuted before the Senate, which shall have the sole power to try impeachments. When sitting for that purpose, the senators shall be on oath or affirmation, and no person shall be convicted without the concurrence of two-thirds of the senators present. Judgment in case of impeachment shall not extend further than removal from office and disqualification to hold and enjoy any office of honor, trust, or profit under the Commonwealth; but the person convicted shall nevertheless be subject to indictment, trial, judgment, and punishment according to law. The Senate may sit during the recess of the General Assembly for the trial of impeachments.