West Virginia Senate invites Virginia county to join the Mountain State
Meanwhile, West Virginia is wooing major California firm in bid to get new manufacturing plant.
Last month, more than 100 Virginia cities and counties declared themselves gun sanctuaries following the Democratic takeover of their legislature.
The movement has gained so much steam that Virginia Attorney General Mark Herring issued an advisory opinion reminding residents that such “sanctuary” resolutions had no standing.
“It is my opinion that these resolutions have no legal effect,” Herring said in a letter issued Friday. “It is my further opinion that localities and local constitutional officers cannot nullify state laws and must comply with gun violence prevention measures that the General Assembly may enact.”
West Virginia is now giving one of the counties an option of joining the state, offering it an alternative to living under continued Democratic domination.
The West Virginia Senate has adopted a resolution calling on Frederick County, Virginia to join West Virginia.
Senate Concurrent Resolution 2 extends an invitation for Frederick County to consider leaving the state of Virginia to become a part of West Virginia. Senators adopted the measure Monday on a voice vote.
The resolution’s sponsor, Sen. Charles Trump (R-Morgan), said the idea is rooted in history that predates West Virginia entering the union.
“I learned for the first time during West Virginia’s 150th birthday celebration. As I read through some of the materials from the records — from the convention in 1862 that — there was an expressed invitation to Frederick County,” Trump said. “I confess that before that I didn’t know it — and it’s been in the back of my mind for a number of years.”
The first time that Fredrick County had been considered for inclusion in West Virginia was during the Civil War.
In 1862, Virginia’s government met in Wheeling to consider the formation of now-West Virginia. Frederick County was included along with Berkeley and Jefferson to join the new state. Berkeley and Jefferson voted to join, Frederick has not yet done so.
…If Frederick County were to join West Virginia, it would be the state’s second largest county. It would have at least six members in the House of Delegates and two senators in the state Senate. It would also add the historic City of Winchester, Virginia and Shenandoah University to the Mountain State.
If the proposal goes through, the switch might offer an interesting template for dealing with the hot mess we lovingly call California.
For example, breaking off a couple countries and placing them in Nevada might be an alternative to #CalExit or the breaking-up of the state of California into separate entities. A review the 2018 election map in California shows that the neighboring state might be a better match for some of our counties…and I am sure that Carson City would be much more sympathetic to the needs of those areas as well.
And even if Frederick County doesn’t change states, it appears West Virginia is poised for a lot more win than California. A major California company is eyeing a new location seriously for its expanding operations.
West Virginia Governor Jim Justice (R) announced Thursday The Clorox Company, a manufacturer of consumer and professional products, intends to apply to construct a “state-of-the-art” cat litter manufacturing site in Berkeley County, W.Va.
According to a press release sent by Justice, the site would bring about $192 million in economic development and create around 100 full-time jobs.
“I can’t tell you how proud I am that Clorox is exploring this expansion opportunity in West Virginia,” Gov. Justice said. “Clorox has a proven track record in the Mountain State – both Mineral and Tucker Counties have greatly benefited from having the company’s Kingsford charcoal facilities and all the investments the company has made in our local communities.”
Clorox sent a draft plan to officials in Berkeley County.
The plan is sad news for the Golden State. California could really use the cat litter, given the feces-strewn streets.
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It’s a nice, but toothless, gesture by WV. For that to happen would require the legislative consents of WV, VA, and Congress. If Ds are in control of any one of the bodies required to consent, it’ll never happen. The left will never do anything if it might strengthen the principles of Americanism.
I looked at that. That’s what I thought. The Constitution is actually silent on the issue. The exact words: Article IV Section 3
1: New States may be admitted by the Congress into this Union; but no new State 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.
Can’t split off the counties from VA and make a new state without that consent you mention. Can’t merge counties from VA and WV and make a new state, without that consent. But it’s silent on land areas being swapped from state to state. It can’t be done by invasion – sates cannot make war on one another. But, if County A by a majority vote of it’s county legislature and citizens ask to leave State A and join State B, and State B says yes, there doesn’t actually appear to be a Constitutional barrier. State A might object, but the objection would have to be adjudicated. If State A wanted to get rid of the troublemakers – Congress and the Court don’t have a role. I believe that there have been a few cases where borders between states were adjusted by the states, without the feds getting involved. But they were mutual agreements.
Too cute. I think any court would find that moving territory from one state to another would require the consent of both states.
As you say, they required mutual agreement. But in addition to that, if such a border adjustment were to significantly enhance the political power of one of the states involved relative to the power of the United States, then under the Compacts clause Congress’s consent would be required as well. See Virginia v Tennessee
Sure, if you go at it as a defeatist and predicate everything we do based on whether the Left will cooperate. THAT is why nothing ever works for us. We always paralyze ourselves in defeatism at the onset.
We are fighting a domestic enemy that doesn’t recognize our constitutional rights. Start with that. We are not going to win this fight with lawyers filing lawsuits. The time has come for people to take it to the streets, taking up space and becoming a major pain in the ass. Look at how Northham reacted to the sanctuary counties? He issues his opinion. He never saw it coming so he wasn’t prepared. They are already getting bogged down and will soon be paralyzed.
We win by first stopping them. Bog THEM down by demonstrating loudly that their claims of speaking “for the people” are obviously a big lie. THAT is how we are going to win this. The Virginia model.
The days of the parlor lawyers are nearly over. It didn’t work against an enemy that has usurped our constitution. It took Trump landing a haymaker of reality to their chins to get us back into the game. Let’s not blow it by reverting to the old RINO defeatism that what instrumental in creating this mess in the first place.
We are winning! Let’s talk and act boldly like winners!
‘“It is my opinion that these resolutions have no legal effect,” Herring said in a letter issued Friday. “It is my further opinion that localities and local constitutional officers cannot nullify state laws and must comply with gun violence prevention measures that the General Assembly may enact.”’
Now, apply that to illegal aliens. Is your “opinion” still the same, Mr. Herring?
Nobody says otherwise. Sanctuary states and cities do not claim to override federal law. They simply stand on their undisputed constitutional right to refuse to help the feds enforce it.
If Frederick County residents vote to secede, why not? Start this train rolling down the track.
I agree. Vote to secede and then be ready to escalate. Doubtless Governor Coonman would send in state law enforcement to bring the Deplorables to heel, so West Virginia should counter by declaring a state of emergency and send the West Virginia National Guard to protect the citizens of Frederick County.
Either you fight for your freedom, or get comfortable wearing chains.
“Either you fight for your freedom, or get comfortable wearing chains.”
This.
If that were to happen the President would be required to send the army in to protect Virginia.
There is no right for citizens of a state to secede from it without the state’s consent.
But do the people have the right to overthrow local or state government by violent revolution? As was done in The Battle of Athens?
Should the feds have intervened there? Should the governor have sent in the NG as requested?
As a matter of law, no, they don’t. As for the riots in Tennessee, that was a matter for the state governor.
A more interesting case you could have raised was the rebellion in Rhode Island in the 1840s. The rebels appealed to the Supreme Court to order the president to enforce the Republican Guarantee clause, by sending troops in to depose the state government and install the rebels. The court ruled that the clause is not justiciable, and it was was up to the president whether to do so. The president chose not to, and that was that.
Why would that follow? Current precedent is that the executive branch can choose whether or not to embark on enforcement actions. If Northam chooses to fire on people who want to be part of a different state, why should the President be compelled to intervene on Northam’s behalf?
Let me rephrase: It would be the president’s constitutional duty to help VA put down the rebellion. Whether he chose to do it would be up to him.
The citizens have every right, just as they exercised it when they left the British empire.
The colonists had no legal right to rebel.
The colonists had every legal right to rebel and did so.
Your king’s declaration of my rights have no validity other than as I choose.
This situation is pretty simple. The enemy is clearly known. The process to remove them is well established.
If a recall election cannot be finessed then issue a petition of non-acquiescence with the offending provisions of the new law and set about making changes in the legislature by action of replacing elected representation.
All the while, do not let Northram have a moment of peace, hound him from sunrise to sunset such there is nowhere he can that he will not see the contempt and disdain that the decent people of Virginia have, for him.
You mean “Red Hen” him like Leftists love to do in Virginia?
And the process got started – and the legislature changed the rules from 10% of the voters who voted in the last election must sign the petition to 25% of the voters…..
I like the idea of Frederick County leaving Virginia for West VIrginia. I would like to see that. Why shouldn’t counties determine their own fates? That is an extension of the founding principal of the USA. The national controversy over the Electoral College has made some people appreciate its levening properties. There are now complaints from rural counties that their voices in state government are drowned out by big cities. Maybe what we need is a realignment that assures everyone that their voice is heard in both state and national politics.
I have mixed feelings on this.
Taking a number of conservatives away from VA leaves the other conservative areas in VA with less numbers to fight. I am hoping that Trump will continue to relocate fed. agencies around the country and dilute the leftists in the DC/NoVa area.
I also have more hope that next election turns VA back to red. It’s heartening to see the outpouring of 2nd amendment support by VA patriots. Perhaps some have learned a lesson.
Even former fed agents don’t want their guns taken.
Agreed.
On a national scale there is nothing gained by Va counties moving to WV other than the total electoral votes. Better to get Va back in the red. I do not know of that is possible, but I suspect if those that are concerned about their 2a rights get off their asses and vote, it can be done.
Assuming elections still happen, or that if they happen they are not rigged by the enemy. Work for the best case, but also prepare for the worst case.
Subotai Bahadur
Because “counties” are not sovereign entities. They are simply artificial divisions that states create for their own convenience, and can alter or abolish at their whim. They are utterly subject to the state that created them, and have no rights against the state.
Why? – Just because you say so? NY’s Constitution reads more like a law book than a Constitution, but Article 9 specifically allows, and indeed requires, local and county governments. It would require a Constitutional change to abolish them.
This is from the Montana Constitution:
Section 2. Counties. The counties of the state are those that exist on the date of ratification of this constitution. No county boundary may be changed or county seat transferred until approved by a majority of those voting on the question in each county affected.
State doesn’t have the power to abolish them.
Georgia Constitution: Number of counties limited; county boundaries and county sites; county consolidation. (a) There shall not be more than 159 counties in this state.
(b) The metes and bounds of the several counties and the county sites shall remain as prescribed by law on June 30, 1983, unless changed under the operation of a general law.
(c) The General Assembly may provide by law for the consolidation of two or more counties into one or the division of a county and the merger of portions thereof into other counties under such terms and conditions as it may prescribe; but no such consolidation, division, or merger shall become effective unless approved by a majority of the qualified voters voting thereon in each of the counties proposed to be consolidated, divided, or merged.
Again, the state doesn’t have unlimited power to abolish or change counties. Voter approval.
The first state I live in. The other two randomly selected. I imagine there are similar provisions in all states which disallow the state to randomly change local governance, including geographic area.
Of course, even those these are the actual words of the state constitutions, you’ll never admit you were wrong.
You cite constitutional/legislative authority in two states and are wrong about the third (New York–where I live too). GA and MT rules can be changed by constitutional amendment, although that would require popular vote. You are wrong and Millhouse is right.
As for NY, Article 9 only states requirements for county and local governments. It does not name all 62 counties and describe immutable boundaries for them, so the state may indeed establish or abolish counties or municipalities at its discretion.
Even in states where county boundaries are specifically described, the Dillon Rule still applies, namely, that the actions of local governments may be limited by state authority.
Of course, in today’s political environment, that depends on which side the local governments take. So sanctuary counties/cities for illegals good, 2A sanctuary counties/cities bad.
And you find the power to dissolve and create counties where in NY’s constitution and consolidated laws? While NY’s Constitution doesn’t delineate the number of towns and counties, it recognizes their existence and doesn’t give the state power to create or destroy them willy nilly.
If the state could do so, I would thing the legislature would dissolve the 5 county governments that make up NYC. But they still exist, AFAIK, the only city in the United States made up of multiple counties. In some states, cities can be independent of counties, for example, the Independent City of Richmond. In some states there are unincorporated areas with no government except for the county government. No such area exists in NY. In some states unincorporated areas have no power. The City of Virginia Beach is the former Princess Anne County. A large part of the county was unincorporated. The unincorporated areas and the villages areas united to create the City of Virginia Beach to avoid being snatched up by the City of Norfolk. Seems cities, towns, and villages can grab adjacent unincorporated areas in VA.
NYs local government structure is like no other state I’ve lived in. Every other state, school districts correspond to town and city boundaries. Not here. Villages are often entirely within the boundaries of towns, with separate governments. There’s a multitude of special taxing districts. The village where I live was dissolved shortly before I moved here- by a vote of the people, not the legislature, and incorporated into the surrounding town. The volunteer fire department, the school district, and the town are all separate taxing districts. The town and village next door – which with us comprise most of the school district, has a separate library district. We don’t have a town library, but the town next door allows us to use theirs even though we don’t contribute…. There are parts of my town and the town next door that are part of another school district, and parts of the town north of both towns is part of ours….
Those are all self-imposed limits, which the state can change at will. Any difficulty in making such a change is likewise self-imposed and can itself be changed. The important point is that the state decided to have counties in the first place, and created them; they did not create the state. They exist for its convenience; it does not exist for theirs.
Tell me where I’m wrong: The 10th amendment gives powers to the states that are not given to the Federal government and the Bill of Rights are established in the Federal Constitution as is immigration. The Supremes have declared that immigration is off limits for states so why not the same for tinkering with the Bill of Rights?
Because both parties consider the 10th Amendment void, along with the Bill of Rights and the rule of law.
Subotai Bahadur
Nobody claims that states can “tinker with the Bill of Rights”, and no state has ever claimed it could, or even admitted that it wanted to.
Tinker?
States outright subvert and defy the bill of rights. Every state with draconian anti gun laws does so.
Do you live under a rock in NY state?
Lots of evidence that the DEMS, with Bloomberg and Antifa are DOING a RED FLAG Operation this holiday weekend in Virginia!
Let’s ruin it for them!
“Billionaire Michael Bloomberg is running for President. Bloomberg has funded the majority of Virginia anti-gun legislators who are now proposing considerable restrictions on lawful gun ownership in the commonwealth.
It is also worth noting in the wake of the astro-turfed Charlottesville narrative, the professional political messaging of the Democrat apparatus, via Joe Biden, proclaimed in April 2019 that Charlottesville represented “the battle for the soul of this nation.”
If there is one consistent aspect to DNC activists (Occupy Wall Street, Antifa etc.), it’s that they use the same playbook…”
https://theconservativetreehouse.com/2020/01/18/beware-virginia-a-remarkable-confluence-of-events/
So, this is what the FBI’s been up to since CoIntelPro?
Besides oppo politicial surveilance n malicious prosecution, I mean.
Better yet, join Liberty from splitting off from Washington, Jefferson from California, and Texas splitting into 5 (authorized!), and form “Southam Virginia”. That will expand the Senate.
We can also split off some blue islands like Denver, who just deserve their own senators and to be their own states.
Again, none of these things can happen without the consent of the state legislatures, which will not be forthcoming because they don’t want to give up any of their power.
Oh, and Texas is not authorized to split into five. The original Republic of Texas has already been split.
Dems better bus in a few thousand Somalis real quick to that place.