By Rep. Joe White
We the People!
Those three words changed governments forever. Never had any government been successfully created believing in the idea of “self-governance.” Before that amazing instrument that “We the People” call the “Constitution of the United States” was ratified, “the People” were considered too uneducated, too opinionated, and too uncivil to govern themselves.
Here we are, 233 years after it became the law of the land, and our United States is considered by many to be the most prosperous, the most generous, the most powerful, and the freest nation on planet earth.
For the most part, the Constitution of our great state of South Carolina follows the principles of the United States Constitution. At first blush, our Constitution seems to have established a state government system that includes three separate and equal branches – an executive branch, a legislative branch, divided into two separate bodies (a Senate, and a House of Representatives), and a judicial branch led by a Supreme Court with a chief justice having strong leadership authority.
Here comes the BUT.
Article V, Sections 26 and 27 of our state Constitution have potentially negative effects on the “separation of power” between our legislative branch and the judicial branch. Article V, Section 26 says: “The Governor, by and with the advice and consent of the Senate, shall appoint a number of magistrates for each county as provided by law. The General Assembly shall provide for their terms of office and their civil and criminal jurisdiction. The terms of office must be uniform throughout the State.”
The original intent was to give the Governor strong power to decide who would preside over our most basic courts. However, at this point in our state’s history, each elected state Senator simply decides to whom he/she wants to give those important judicial positions, and the Governor acquiesces. In other words, “friends of state Senators” become our magistrates. It is time for “We the People” to step up and help our Governor rightfully assume his Constitutional responsibilities. It is usually at the magistrate level that original bond amounts are set or suspects are released to their “personal recognizance.”
Article V, Section 27 of the South Carolina Constitution creates, what has become perhaps a more egregious potential, but one which I believe “We the People” can also address and rectify.
Article V, Section 27. Judicial Merit Selection Commission.
As a principle, I believe the intent of the JMSC is positive, however, that commission, has, in my opinion, become unnecessarily controlled by powerful left-leaning lawyers.
“We the People,” working with our Governor, the South Carolina Sheriffs Association, the South Carolina Solicitors Association, and men like Mark Keel, our Chief of SLED must rise up and demand a fair and just system that maximizes safety and holds the criminal element accountable.
I stand ready, willing, and able to be a voice of reason in your South Carolina Statehouse. What can you do? You can contact me by email at mcsjoe1213@aol.com. “We the People” CAN, together, force necessary change.
S.C. Rep. Joseph (Joe) White (R) represents District 40 covering parts of Lexington and Newberry counties.
