Monday, September 19, 2005

The Latest RINO Sightings are up!

   Evolution is hosting this week and did a great job with the submissions.

See, especially:

Restless Mania on whether West Virginia is a legal fiction; and

One Good Turn on The New Republic walking a fine line.

5 Comments:

Blogger Kevin said...

About 15 years ago, I had noticed Article IV, Section 3, Clause 1 of the Constitution, "no new States shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress." I actually sent the governor of WV (I forget who it was at the time) pointing out that his state's existence was unconstitutional, just to see what he would say. I clearly had too much time on my hands that day.
His response was that the Supreme Court decision (perhaps you know the name of the case) making WV accountable for a portion of Virginia's state debt somehow made the state legal.

12:06 PM  
Blogger Bostonian Exile said...

Interesting. I am not familiar with the specific case. I want to say that it is Texas v. White, which I have not looked at in a few years, but I am equally sure that I could be wrong. I have linked the opinion in case you are interested in taking a look for yourself.

10:00 AM  
Blogger DonSurber said...

Oh, puh-leese. The Virginia state capital was moved to Wheeling and as the Supreme Court ruled in Dorr vs. Rhode Island in 1841, Congress decides which state government it recognizes.
As to the debt, it was not paid off until 70 years into statehood. So button it. We're a state

8:08 PM  
Blogger Bostonian Exile said...

Heh... I'm just the messenger, Don.

8:37 PM  
Blogger Kevin said...

Oh, puh-leese. The Virginia state capital was moved to Wheeling and as the Supreme Court ruled in Dorr vs. Rhode Island in 1841, Congress decides which state government it recognizes.


That answers nothing. Under this line of thinking, and without answering the constitutional issue brought up by Restless Mania, then Virginia, with its capitol in Richmond, is unconstitutional.

12:12 AM  

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