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View Diary: VA Candidate: Losing Elections Is Tyranny, Subject To Possible Insurrection (120 comments)

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  •  Defending laws of dubious constitutionality (2+ / 0-)
    Recommended by:
    sharman, TexasLiz

    when he was AG, Wiscomnsin's now GovernorJim Doyle refused to defend several. The first was my challenge to the State Capitol Assembly permit scheme (I prevailed when Tommy hired private counsel,) followed by abortion restrictions (mixed) and the aspect of the Milwaukee School voucher plan which allowed them to be spent at religious schools (held constitutional.)



    Practicing Law without a License is my 3d favorite Crime.

    by ben masel on Thu Jul 16, 2009 at 06:15:16 PM PDT

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    •  how are duties of his office specified? (0+ / 0-)

      In Virginia it is defined as a mandatory duty

      do we still have a Republic and a Constitution if our elected officials will not stand up for them on our behalf?

      by teacherken on Thu Jul 16, 2009 at 06:31:36 PM PDT

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      •  VA Constitution Section 15 (0+ / 0-)

        Section 15. Attorney General.

        An Attorney General shall be elected by the qualified voters of the Commonwealth at the same time and for the same term as the Governor; and the fact of his election shall be ascertained in the same manner. No person shall be eligible for election or appointment to the office of Attorney General unless he is a citizen of the United States, has attained the age of thirty years, and has the qualifications required for a judge of a court of record. He shall perform such duties and receive such compensation as may be prescribed by law, which compensation shall neither be increased nor diminished during the period for which he shall have been elected. There shall be no limit on the terms of the Attorney General.

        Are you suggesting the AG must repeatedly defend Statutes after they've been struck down? How about if the Federal courts have struck down identical laws in other States?



        Practicing Law without a License is my 3d favorite Crime.

        by ben masel on Thu Jul 16, 2009 at 06:53:31 PM PDT

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        •  the duties of office further defined by statute (0+ / 0-)

          and he has a requirement to defend Virginia law.  Cuccinelli is saying he won't defend them when they are challenged.  Come on Ben, you know exactly what I meant.

          Several people who have held the office of AG have commented but not for the record how wrong his interpretation of his duties are.  At least one of which I know was a Republican who held that office.

          do we still have a Republic and a Constitution if our elected officials will not stand up for them on our behalf?

          by teacherken on Thu Jul 16, 2009 at 07:32:47 PM PDT

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          •  Ultimately up to the State Supreme Court (0+ / 0-)

            to decide the limits of the duty to defend Statutes. Any other opinions on the matter are not Opinions.

            Tommy never took Doyle to court, just hired outside counsel.  



            Practicing Law without a License is my 3d favorite Crime.

            by ben masel on Thu Jul 16, 2009 at 07:58:59 PM PDT

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    •  also, what standard of dubiousness is applied (0+ / 0-)

      those who know anything about Cuccinelli would rightly be alarmed at the idea of him applying his standard

      do we still have a Republic and a Constitution if our elected officials will not stand up for them on our behalf?

      by teacherken on Thu Jul 16, 2009 at 06:32:27 PM PDT

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