A Pre-RPV Advance Warning

As some of you may know, I took time after the election to reflect and removed myself from the hecticness of the world of politics. I was so sick of the presidential election I could not stomach to write one more article about it. However, it is the week of the Republican Party of Virginia Advance. Therefore, I must come out of my writing hibernation to warn you about this weekend.

I’m not warning you about the Advance. I love the Advance. I’m sorry that it is not being held at the Homestead (because the Homestead is so much nicer and it’s just so beautiful this time of year), but I love the Advance, a time of bacchanalia and celebration, and reconnection with Republican friends from across the state.

But, as with every good thing, there comes a warning. Especially this year, due to the elections of the Governor, Lieutenant Governor, Attorney General: we must be wary of the promises that some candidates will be making. I know the excess of free liqour and food can make someone feel fuzzy-headed, but we have to keep in mind the consitutional constraints of government when we are getting promised things by candidates for public office. Here are a few promises or claims to be wary of.


1. Candidates for Attorney General: I want to be the “Top Cop” in Virginia!

To steal a word from Michael Scott, NO!!!! There is so much more to the Office of the Attorney General than being the “Top Cop” in Virginia. The Office of the Attorney General’s website lays out clearly what the scope of the OAG. I realize that this is a statement from Democratic AG Mark Herring, but it explains the role of the Attorney General in a simple manner.

“As Attorney General, it is my duty to fight for greater justice, equality, opportunity, and security for all Virginians, and to provide legal services to the Commonwealth’s agencies, boards, commissions, colleges and universities. We are the Commonwealth’s law firm, defending the interests of Virginians and Virginia government.

We also work with law enforcement throughout the Commonwealth to prepare for emerging public safety threats and to promote successful, secure communities. That means vigorously defending criminal convictions, prosecuting significant crimes like child exploitation, cyber crimes, elder abuse, theft of state property, and environmental crimes. When requested by local Commonwealth’s Attorneys, we will assist with specialized prosecutions.

We are here to serve you and offer many resources related to consumer protection, identity theft, internet safety, public safety, and other important issues that Virginians face every day. If we can be of any help, please don’t hesitate to contact us.”

Focus on that second paragraph for just a second. “We work WITH law enforcement…” That does not mean the Office of the Attorney General is a law enforcement agency. That means they are, simply, a prosecutor’s office. The OAG prosecutes cases that are appealed to the State Supreme Court and the Virginia State Court of Appeals.

Also, there are important other roles for the OAG. One of those is being an adminstrator of the largest law firm in the Commonwealth of Virgnia. The OAG is a large agency that involves providing legal opinions to every statewide agency. A majority of the Attorney General’s job is to be an administrator, not a cop. Keep this in mind over the weekend.

(Note: I’ve discussed this topic with AG candidate John Adams. His answers on the scope of the OAG are fasinating. Go ask him about it. You won’t regret it.)

2. Candidates for Lieutenant Governor: “I’m going to solve X issue and/or vote for or against it.”

Candidates for Lieutenant Governor are going to promise you the moon. State Senator Bryce Reeves is promising to keep Virginia safe from terrorists. Delegate Glenn Davis is promising to bring more jobs to Virginia. Even my chosen candidate of Senator Jill Vogel is making promises on issues such as defending religious freedom. 

However, these are not things that are outlined in the Virginia Consitution. The only things that are outlined in the Virginia Constitution for the Lieutenant Governor of Virginia are to preside over the State Senate, break tie votes, and be ready to serve as Governor; but only if the sitting Governor dies or is incapacitated.

Section 13. Lieutenant Governor; election and qualifications.

A Lieutenant Governor shall be elected at the same time and for the same term as the Governor, and his qualifications and the manner and ascertainment of his election, in all respects, shall be the same, except that there shall be no limit on the terms of the Lieutenant Governor.

Section 14. Duties and compensation of Lieutenant Governor.

The Lieutenant Governor shall be President of the Senate but shall have no vote except in case of an equal division. He shall receive for his services a compensation to be prescribed by law, which shall not be increased nor diminished during the period for which he shall have been elected.

Section 16. Succession to the office of Governor.

When the Governor-elect is disqualified, resigns, or dies following his election but prior to taking office, the Lieutenant Governor-elect shall succeed to the office of Governor for the full term. When the Governor-elect fails to assume office for any other reason, the Lieutenant Governor-elect shall serve as Acting Governor.

Whenever the Governor transmits to the President pro tempore of the Senate and the Speaker of the House of Delegates his written declaration that he is unable to discharge the powers and duties of his office and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Lieutenant Governor as Acting Governor.

Whenever the Attorney General, the President pro tempore of the Senate, and the Speaker of the House of Delegates, or a majority of the total membership of the General Assembly, transmit to the Clerk of the Senate and the Clerk of the House of Delegates their written declaration that the Governor is unable to discharge the powers and duties of his office, the Lieutenant Governor shall immediately assume the powers and duties of the office as Acting Governor.

Thereafter, when the Governor transmits to the Clerk of the Senate and the Clerk of the House of Delegates his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Attorney General, the President pro tempore of the Senate, and the Speaker of the House of Delegates, or a majority of the total membership of the General Assembly, transmit within four days to the Clerk of the Senate and the Clerk of the House of Delegates their written declaration that the Governor is unable to discharge the powers and duties of his office. Thereupon the General Assembly shall decide the issue, convening within forty-eight hours for that purpose if not already in session. If within twenty-one days after receipt of the latter declaration or, if the General Assembly is not in session, within twenty-one days after the General Assembly is required to convene, the General Assembly determines by three-fourths vote of the elected membership of each house of the General Assembly that the Governor is unable to discharge the powers and duties of his office, the Lieutenant Governor shall become Governor; otherwise, the Governor shall resume the powers and duties of his office.

In the case of the removal of the Governor from office or in the case of his disqualification, death, or resignation, the Lieutenant Governor shall become Governor.”

That’s it folks. Lieutenant Governor only gets to break tie votes, preside over the State Senate, and gets to be Governor if there is a vacancy. I do believe the LG has a platform to advance the issues that he or she finds important to them. It is not only their right to use their platform, but their duty to their consitutents in the Commonwealth to use their platform to advance good policy. That being said, it’s highly unlikely that a Lieutenant Governor will ever vote on an issue.

Lastly, but most importantly, and this goes for any statewide candidate: “I am going to change federal law X.” 

This one is a doozy. I promise you one candidate or another is going to promise that they can change some federal law. They may promise to repeal Obamacare, or to cut EPA regulations, or even change federal immigration law.

No, statewide office holders cannot change federal law. Let us be reminded of the Tenth Amendment to the Consitution of the United States.

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Also let us be reminded of the Federalist Papers, in which James Madison said in Federalist 45:

The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several states will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement and prosperity of the State.

Or, more simply put, here’s the time fictional President Jed Bartlett explained federalism:

[youtube https://www.youtube.com/watch?v=VyqzPu5pX6U&w=560&h=315]

Florida didn’t fight Germany in World War II, nor will Virginia defeat ISIS by itself. There is a role for states to govern. States should be in charge of Education and Transportation. States should be able to make their own decisions. Our great Republican Congressmen and Congresswoman Barbara Comstock will do more to influence federal policy, as they rightly should. It’s not the state of Virginia’s job to go to war, nor is it the state of Virginia’s job to set immigration policy. Let President-Elect Trump and the Republican Congress fix issues such as immigration and healthcare.

Like I said earlier, it is imperative that our statewide office holders have a platform to influence federal policy, but they should not try to change federal laws (except for the Attorney General, who can sue the federal government).


All that being said, I hope that all attendees of the Republican Party of Virginia Advance have a marvelous time. Please have a drink for your author (I will only be there Saturday) and enjoy yourself. However, please be mindful of what statewide candidates promise you. There are Constitutional limits to statewide office holders, and they need to be recognized.

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