Good for Alan Wilson (actually, good for the law)

Our regular contributor Pat shared with me this email received from Rep. Eddie Tallon, a Republican from Spartanburg:

As you all know, we are debating the removal of the Confederate Battle Flag from the Confederate Memorial on the State House grounds and moving it to the State Museum. On Monday, the Senate voted 37-3 to move it to take it down and move it to the State Museum. Accordingly, there have been a number of requests for us to have a referendum put to the voters.

We received an opinion from Attorney General Alan Wilson that the Supreme Court of South Carolina has previously held that the General Assembly cannot delegate its duties to make laws to the general public through referendum votes, be they binding or non-binding referendum votes. The purpose of any such vote would be to have the general public make a decision reserved under the S.C. Constitution for the General Assembly.

Therefore, having a referendum on this issue is unconstitutional.

Yes, that’s a pretty important principle. In a republic, the Legislature should never be allowed to abdicate its responsibility and dodge hard issues by submitting them to plebiscite.

I didn’t realize that question had been posed to Alan Wilson, but I’m pleased at the reply.

So that’s one delaying tactic not available to the House. Now if the leadership can brush past the amendments that are also aimed at stopping or postponing this final disposition of the issue, and do what the Senate did, we can all finally celebrate.

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