
California Governor Gavin Newsom recently signed a new law requiring presidential candidates to submit five years of income tax filings in order to appear on the primary election ballot. This law was passed in contradiction to a prior U.S. Supreme Court decision. In that decision the Supreme Court determined that states cannot impose qualifications on political candidates that are stricter than those provided in the Constitution. Accordingly, it is unlikely that California's new law will be upheld in litigation. If that is the case, then why did Newsom push for such a law to go through the state legislature and into effect?
Many suggest that Newsom did so to advance his own personal agenda and to feed his well known and ever growing animosity for the current President. Unfortunately, the improper use of political action to weaponize a Governor's personal bias has become somewhat of a modern day trend. In the state of New York, Governor Andrew Cuomo is also accused of advancing his own personal agenda by passing a new law that strips New York residents of their constitutionally guaranteed right of free exercise of religion.
Perhaps these Governors forget that they are elected to represent and advance the best interest of all of the people of their state in an objective, equitable and a non-partisan manner. They are not elected to abuse the power of their office by advancing their own personal predilection.
Governors are supposed to be the proverbial adult in the room and not carry on the duties of their office in vendetta-like fashion. When Governors compel the passage of laws that fly in the face of of federal law and established legal precedent, they are not upholding the sworn duties of their office. Rather they are throwing caution to the wind at the expense of the very people that elected them to office. If politicians are not prepared to uphold their oath and live up to the responsibilities that go with it, they should step down or be removed from office forthwith.
We are the UNITED States of America and as such and pursuant to the supremacy clause in article six of the Constitution, federal law is the supreme law of the land to which every state is bound. Governors who do not personally agree with federal law or the rights guaranteed by our Constitution, should not attempt to circumvent same by passing individual state laws that suit their own personal bias. Such actions are beyond their gubernatorial scope and authority and are fodder for ill will and discontent. We the people expect more from our Governors and elected officials and we the people deserve more.
Long Island Lawyer
Paul A. Lauto, Esq.
www.liattorney.com