“No man’s life, liberty, or property are safe while the legislature is in session.” That quote is usually attributed to Mark Twain, but according to Wikipedia the man who originated it was Lawyer, Newspaper Editor and Politician (what a combination!) Gideon J. Tucker in 1866. He was apparently parodying the passage from the Magna Carta, ”No man shall be deprived of the free enjoyment of his life, liberty, or property, unless declared to be forfeited by the judgment of his peers, or the law of the land.”

Well, it’s that time again and the West Virginia Legislature is in session. However, with apologies to Harvard economists Reinhart and Rogoff who wrote the award winning “This Time Is Different:

Eight Centuries of Financial Folly”, when it comes to the West Virginia Legislature, this time it really is different. After eight decades of financial folly the Democrats are no longer in control of either house.

As a result, there’s some interesting legislation afoot. At least two bills propose what is known as Constitutional Carry. Currently in West Virginia open carry of a firearm does not require a permit, but concealed carry does. Each bill proposes to do away with the requirement for a concealed carry permit within the state. This would make the laws governing open and concealed carry consistent - as well as consistent with the Constitution - hence the term Constitutional Carry.

In the last legislative session, the controversial “blood bill” passed, at the behest of the governor, allowing law enforcement to require a blood test if the officer suspects that an individual involved in a routine traffic stop may be impaired by drugs. HB 2380, if passed, would amend that legislation to require a warrant. If passed, chalk one up for the 4th Amendment.

There are two newly introduced bills aimed at discontinuing Common Core in West Virginia, one in the House (HB 2184) and one in the Senate (SB 25). The Senate bill puts particular emphasis on the data tracking aspect of Common Core and also affirms “the parent or guardian as the final authority in all matters of a student’s education”. Amen to that. It’s good to see the legislature taking an interest in Common Core, as it was approved in West Virginia by the state Board of Education, a body whose members are appointed, not elected.

Continuing on that theme is HB 2208.  This bill is in response to the smoking ban recently imposed by the Berkeley County Department of Health. The new regulations target establishments such as bars, restaurants and private clubs, among others.  While smoking is something everyone should avoid, and smoking bans are allegedly based on “good intentions”, there are other important issues to consider.

Businesses are in business to satisfy customers. As reported in the Martinsburg Journal, one private club has lost enough of its clientele due of the ban that it may be forced to close down.  That leads to the accountability issue. HB 2208 isn’t really about smoking per se, it’s about unelected regulators writing new law. To quote from the bill, “The purpose of this bill is to ensure that only government officials elected by voters to serve on a county commission will have the power to regulate smoking and to create a process by which local boards of health may make formal recommendations for smoking ordinances to county commissions”.  In other words, the ends don’t justify the means.

There are a couple of interesting bills that have bipartisan support. One is SB 30, sponsored by 3 Republicans and 2 Democrats that would legalize the sale of raw milk. Raw milk, for some incomprehensible reason, is illegal in West Virginia.

One of the most intriguing bills introduced in the current session is HR 2168, and includes a Democrat as one of its eleven co-sponsors. Dubbed the Defend the Guard Act it states, “The purpose of this bill is to require an official declaration of war or an action to call forth the state militia by the United States Congress before members of the West Virginia National Guard may be released from state control to participate in active duty combat.”

According to an article published by the Tenth Amendment Center, the National Guard was created by the Dick Act of 1903 and that today’s Guard is still governed by the original “militia clauses” - Article I, Section 8, clauses 15 and 16 of the Constitution - and that “Clause 15 delegates to the Congress the power to provide for ‘calling forth the militia’ in three situations only: 1) to execute the laws of the union, 2) to suppress insurrections, and 3) to repel invasions”. They go on to quote the bill’s lead sponsor, Del. Pat McGeehan (R-Hancock) a graduate of the Air Force Academy, “This bill essentially says, ‘If you don’t follow the highest law of the land, then we will withhold our Guard troops.’ The language and intent of the Constitution is so clear on this one issue.”

There are bills that are head scratchers. One example, SB 23 involves the licensing of bar tenders. Now there’s a small government idea. Just think of it, a person who today is working away at a job, in the not so distant future could be found guilty of pouring beer without a license. It reminds me that only recently the licensing requirement to wash hair at a salon was repealed. There are some things that government should just leave well enough alone.

All in all, though, it’s shaping up to be an interesting session. However, it’s early yet - politicians, even those with “good intentions” have been known to disappoint. But then again, perhaps this time really, really is different. Stay tuned.