State-sponsored Gambling--Unconstitutional, Immoral, and Corrupt

West Virginia Constitutional Law Expert Confirms Table Games not Constitutional

West Virginia Government Betting Public Trust -- Compulsively Gambling to Increase State Revenue

NOW UPDATED--FEEDBACK AND LETTER TO SENATORS

Return letters from legislators:

I do not support gambling in any form.
Senator Mike Hall

Amen, I agree completely.

Thanks!

Vic [Sen. Vic Sprouse]


Thank you for your email regarding table games and the wealth of information you provided. I appreciate having the opportunity to explain my position.

In general, I am in opposition to the expansion of gambling in West Virginia. However, I realize that there are geographical regions in the state that have experienced the loss of manufacturing jobs where many citizens now depend on the gaming industry for employment. I believe those counties should have the opportunity to decide if gaming expansion is appropriate and acceptable. I must tell you, however, that in a local referendum in Kanawha County I would vote against the expansion of gambling.

I hope you now understand my position. I tend to support local referendums on issues which counties are in the better position to determine their own community standards.

If you have any other questions, do not hesitate to contact me.

Sincerely,

Senator Brooks F. McCabe, Jr.
WV State Senate - 17th District

Letter to Senators email including the following new appeal, in addition to the original sent to Delegates:

WV Table Games Proven Unconstitutional and Immoral; Table Games are not "Lotteries"

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LOTTERY: "A contest in which tokens are distributed or sold, the winning token or tokens being secretly predetermined or ultimately selected in a random drawing."

TABLE GAME - a game that is played on a table; GAME - a contest with rules to determine a winner"

--American Heritage Dictionary

Distinguished Senators,

Permit us a final appeal to you, and even to challenge the Senate's lawful authority to even attempt to legislate the table games bill (HB2718), for a leading distinguished Delegate, and democrat, challenged the constitutionally of the bill being considered (although more in regard to the state's management alone), and asserted that ONLY AN AMMENDMENT TO THE CONSTITUTION FIRST would enable any LAWFUL consideration of a bill to authorize table games, or permit counties to vote on the issue. Can, therefore, the Senate lawfully consider passing a bill which the State Constitution, even ammended, does not provide for (that the House judiciary should not have even approved)? Does the governor have the authority to sign a bill which the ammended Constitution, as supreme law, forbids? Is the Constitution not of greater authority--no matter everyone's collective ambitions or desires for the state--than either the legislature, the voters, or the governor? Can any special interest or special industry (for the massive gambling industry is indeed special) receive extra-constititutional license just because the majority of the legislature (or even people in four counties) wants it? If the case can be shown to be unconstitutional will you attempt to circumvent the State Constitution for your collective desires, and commit legislative anarchy and rebellion against the supreme law? It appears that many are ready, without conscience, to do just that--but how is that legal? The answer of course is rhetorical for,

"A legislative act, contrary to the Constitution, is not law"

--Chief Justice John Marshall

Aside from the shame you should all have of legalizing vice, and for State profit, the legal definition of "lottery" (exhibit at Findlaw)--"distribution of property or money by lot or chance"--prevents the addition of table games in the bill now considered. Therefore it is a violation of your oaths of office to proceed with a bill clearly in violation of even the ammended constitition of West Virginia. The legislature can authorize only "lotteries", etc., the specific term in the state constitution's ammendment which in no way can be construed to include table or parlor games, therefore any legislation that seeks to authorize said games apart from an ammendment to the constitution is an illegal act, and will not hold up. Where, pray tell, are table games of various sorts given evidence of in the definition of "LOTTERIES"?--

LOTTERY: "A contest in which tokens are distributed or sold, the winning token or tokens being secretly predetermined or ultimately selected in a random drawing."

Table games are "contests with rules" to determine a winner. Table games are not "lotteries", they are not purchased "tokens" with the outcome distributed by mere "random drawings"! Bets are waged, players make choices along the way, and "games" are played, not mere "drawings". Is poker a "lottery"? Ask any gambler! It was the clear intention of the constitutional ammendment to permit only chance "lotteries" (the sole legal term), not wholesale "gaming", or it would have never been passed, a fact which the legislature knows full well. How this made it past the Judiciary Committee can only be due to willful rebellion or absolute deceit. Anyone seeking an injunction will be able to overturn it (and they will), unless the court is as corrupt as the legislative and executive branches presently appear. (God help us if the courts do not uphold the constitution). To blindly proceed with an illegal legislative act is anarchy and a violation of everyone's oath of office. The only way to lawfully introduce parlor games is by constitutional ammendment, not public referendum, which is merely an attempt at "mob law" to bypass the constitution, and that of a few counties.

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Original Letter via email

"A legislative act, contrary to the Constitution, is not law"

--Chief Justice John Marshall

"Rob not the poor, because he is poor...for the Lord will plead their cause, and spoil the soul of those that spoiled them."

"For the love of money is the root of all sorts of evil".

-- Holy Bible

"A fool and his money are soon parted".

-- unknown

defraud v. to use deceit, falsehoods or trickery to obtain money

--Webster's dictionary

Delegates and Senators,

Aside from the shame you should all have of legalizing vice, and for State profit, the legal definition of "lottery" (exhibit at Findlaw)--"distribution of property or money by lot or chance"--prevents the addition of table games in the bill now considered. Therefore it is a violation of your oaths of office to proceed with a bill clearly in violation of even the ammended constitition of West Virginia. The legislature can authorize only "lotteries", etc., the specific term in the state constitution's ammendment which in no way can be construed to include table or parlor games, therefore any legislation that seeks to authorize said games apart from an ammendment to the constitution is an illegal act, and will not hold up. It was the clear intention of the constitutional ammendment to permit only chance "lotteries", not wholesale "gaming", or it would have never been passed, a fact which the legislature knows full well. How this made it past the Judiciary Committee can only be due to willful rebellion or absolute deceit. Anyone seeking an injunction will be able to overturn it (and they will), unless the court is as corrupt as the legislative and executive branches presently appear. (God help us if the courts do not uphold the constitution). To blindly proceed with an illegal legislative act is anarchy and a violation of everyone's oath of office. The only way to lawfully introduce parlor games is by constitutional ammendment, not public referendum, which is merely an attempt at "mob law" to bypass the constitution, and that of a few counties.

It is also questionable whether gambling interests are actually engaged in what the constitution specifies as collective "bribery" (WV 6-45), for there is a promise of money, although collectively, in exchange for favor of official office, and for a specific industry otherwise illegal! (Maybe not just collectively either, dare we say. Do these interests contribute to campaigns? Other states were provided Mercedes for "government use" by the industry, e.g. Alabama). Violating the Constitution is illegal, and appears like a special favor, for a narrow "business" interest. Your oaths of office are violated if you proceed otherwise than a constitutional ammendment, and the state expanding into the gambling business is a sign of corruption and selling of the state's honor (whatever is left of it). The government is prostitituting itself by the bribe of government revenue, and the plea of "necessity", through legalizing a vice, contrary to the terms and spirit of the constitution against "bribery"! (And we know that "personally" the legislature is seeking to raise their own salaries, which this revenue would help achieve).

West Virginia currently is indeed "open for business"--i.e. open for plunder and pillage by any special interest that seeks entry, such as the huge gambling industry, for economic pragmatism (e.g. Mayor Danny Jones' argument, to the Governor's delight) appears to be the only rule, not the constitution, that is paid attention to. The government is NOT a business, but a minister (servant) of justice in the public trust! To run government to maximize revenue (not merely containing costs within budget) is not the purpose of government. The fact that organized gambling is otherwise illegal in the state proves the State's hypocrisy in attempting to legalize it in exchange for a "piece of the action". Such a government can be said to be involved in organized crime, making an exception only for itself under pretext of "the common good". Contrary to the commercial, "very bad things happen when you play the West Virginia lottery" or the gambling game in government.

Gambling has historically and rightly been classified as "defrauding" people out of money (an admitted fool's scam where the house always wins), tempting them on the (mathematically improbable) chance to "throw in their money" on impulse alone, in an irresponsible and immoral act of utter foolishness. It therefore falls under both the 8th and 10th commandments of the holy Bible (stealing or defrauding and coveting thy neighbors money), requiring remedy by restitution to the victim of "stealing" under the Great Legislator of the Universe, adminstered by Moses. "Consent" to gamble does not make the business of seductive defrauding just, and those who do are termed "fools" (i.e. a fool and his money are soon parted), an epitaph apparently West Virginia does not fear promoting. For those biggots who hate the Bible consider Egypt and Rome. Egyptian law clearly indicates that gambling was not tolerated, but was in fact, punishable by sentence to work in the quarries! In the pagan Roman empire it was considered unjust, and the mark of the worst of tyrants, like Caligula. Yet the governor and legislators of West Virginia think themselves more wise than the sages of Egypt or Rome, or even Moses or Solomon? Sirs, madams, reconsider your thinking in light of moral history, and the wisdom of the Bible and even pagan legislators. Are you wiser than Solomon? How so? Indeed, "the love (inordinate desire for) money is the root of all sorts of evil", and the government's lust for revenue breeds corruption, and is a mark of the worst of tyrannical and oppressive governments.

Gambling tempts the desperate poor especially, holding a false promise of hope, where mathematically there is none, therefore constitutes "robbing the poor" whom the Lord threatens, according to Solomon above, to avenge on their "spoilers" (looters) and oppressors, including their governments! Does West Virginia wish to tempt the poor into losing their all? Such strong and just language from the holy Bible ought be bring some fear on those in government who dare to transgress and breach that moral law, especially if they claim to believe the "Ten Commandments". Gambling preys most upon the poor to which the state will be an oppressor, clearly not in the "public interest". Pray tell, where are the advocates for the poor now? Will the State next authorize and "take a cut" in pyramid schemes, that work on similar principle, the inevitability of losers? What is the difference--where will it end once the lid is off Pandora's box?

The West Virginia Lottery advertising (using friendly-sounding folk songs) on WCHS and West Virginia radio (profitting them as well; the odds should be disclosed in all ads) is also therefore deceitful and corrupt, like the Greek sirens summoning the foolish, ear-tickled sailors to the rocks of destruction, and "play responsibly" can only really mean not to play at all. For the State to be directly involved in sharing the filthy lucre of organized defrauding for profit makes the government immoral and corrupt, no matter how good the music sounds.

We are watching you all closely. Shame will be on the governor and any legislator who dishonors their oath of office for such coveteous, constitutional anarchy and treachery that corrupts the government. Disrespect and righteous disobedience to such a corrupt government can be expected in return that does not uphold its own constitution and supreme law which violates the public trust. When government breaks covenant with the people, the people have a right to a just divorce from it, if it cannot be ammended. Remember that the people outnumber the government, which is to be a servant of the people's interests ("a minister of God to do good"), and you rely on taxes from the people to exist, who might one day say "enough". History testifies that this is true. Woe unto a government that instead of prosecuting vice, protects, defends, and even "aids and abets" it!

The State is in this "table game" legislation gambling with the public trust and expanding a "racket", and if it proceeds by violating its constitution in the end it will lose.