Posted by: James Atticus Bowden | January 27, 2014

Impeach Virginia’s Attorney General Now

Virginia must keep the Rule of Law

Virginia must keep the Rule of Law

Will Virginia be governed by the Rule of Law or not? Virginia’s General Assembly, your elected representatives, must choose now.

The Attorney General of Virginia, Mark Herring, refuses to defend the Virginia Constitution in court. He refuses to defend the Constitution he swore an oath to uphold – only weeks ago.

Article IV, Section 17 of the Virginia Constitution states that the Attorney General “offending against the Commonwealth by malfeasance in office, corruption, neglect of duty, or other high crime or misdemeanor may be impeached by the House of Delegates and prosecuted before the Senate, which shall have the sole power to try impeachments.”

In Section 2 of Article I, “People the source of power,” states “That all power is vested in, and consequently derived from, the people, that magistrates are their trustees and servants, and at all times amenable to them.” Elected officials must obey the Will of The People. The Will of the People is written in English in our Constitution and the Code of Virginia.

If an official doesn’t like the Constitution or law, then he should change it the proper, legal way.

When AG Herring refuses to defend the Constitution and actually petitions the Court to strike down an amendment to the Virginia Constitution he is doing deep, damaging neglect of duty.

It’s even worse, because the Bill of Rights in Article I of the Virginia Constitution is “a DECLARATION OF RIGHTS made by the good people of Virginia in the exercise of their sovereign powers, which rights do pertain to them and their posterity, as the basis and foundation of government.”

No official, however well intentioned in his own conscience, can change our Bill of Rights. If anyone can, then Virginia has lost the Rule of Law. The whole of our sovereignty and freedom lives in the Rule of Law. In the Constitution meaning what it says. Not what any elected politician decides.

It doesn’t matter what law or amendment to the Constitution, the AG refuses to uphold. His neglect of duty demands impeachment.

Mark Herring says he can’t violate his individual conscience. He can’t defend what he thinks is illegal and immoral. He wants to wear the moral halo of the Civil Rights Movement. But, he isn’t Dr. Martin Luther King Jr. This isn’t Selma.

When Alabama had ‘de jure’ racial segregation, Dr. King committed civil disobedience. He was subject to the Rule of Law and went to jail. He led the Civil Rights Movement to get the laws changed across the Federal and State governments. He followed his conscience and paid the price.

If Mark Herring must follow his conscience to not uphold the Constitution, then let him pay the price. Let him be impeached by the very Constitution he refuses to defend.

If the right side of history is to exalt sodomy as a human right and allow homosexuals to procure children for their faux families, then Herring should be proved right – by following the Rule of Law.

The General Assembly of Virginia has a legal and moral duty to impeach Mark Herring. This is their profile in courage moment. Defend our Constitution and the Rule of Law.

If they won’t stand up for the Rule of Law, there is no point in pretending to stand for anything else. Other officials can enforce or ignore the law to their liking. One man’s conscience is another man’s whim – and another man’s anathema.

This isn’t a political issue. It’s a fundamental question for Virginia. Will Virginians keep their rights and freedoms – as only the Rule of Law under our Constitutional government protects – or be subjects to the rule of men? And, mere politicians at that.

Virginia’s self-rule – under the Rule of Law – started in 1619. In June 1776, Virginia created a government under the first written Constitution in the world! At the same time, our Virginia Declaration of Rights was the first. Today, if any man in authority can ignore Virginia’s Rule of Law, then there’s no Rule of Law.

Virginians should demand their elected representatives do their duty. Impeach Attorney General Herring now.



  1. I’m with you. They could show a nation what should be done with people who nonchalantly break their freshly sworn oaths. Ahem.

  2. Thanks. Let’s get it right in Virginia first.

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