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Staff Report
PARKERSBURG -- A West Virginia senator has called the government shutdown a "manufactured political stunt."
With a declaration of a national emergency off the table by President Donald Trump, Senate Majority Leader Mitch McConnell should allow the appropriation bills to fund government passed by the House of Representatives to be taken up by the Senate, said Sen. Joe Manchin, the only Democrat in the West Virginia delegation in Congress.
"As an equal branch of government we have the authority to override the president's veto, if that's what he chooses to do," Manchin said in a statement on Saturday.
The partial government shutdown started Dec. 22 after the president had agreed to a compromise over funding for a wall at the border, then changed his mind after two conservative commentators criticized him. Trump also said he would take credit for the shutdown.
"It's time for Congress to stop cowering to the executive branch and stop taking West Virginia livelihoods hostage," Manchin said. "This government shutdown is a manufactured political stunt that is hurting West Virginia, our economy and our national discourse. We cannot continue to govern in this shameful and embarrassing way."
Friday was the first payday for government workers since the shutdown began. Federal employees in the National Air Traffic Controllers Association have sued the government.
The shutdown violates the 5th and 13th amendments of the U.S. Constitution because many employees are being compelled to work without pay, Anne Lofaso, a West Virginia University professor who specializes in labor law, said.
The administration has declared air traffic controllers essential and must work without pay during the shutdown, she said.
The lawsuit if successful would find a violation of Fifth Amendment rights by failing to pay workers, prevent from continuing to refuse to pay them and award backpay, attorney fees, damages and other costs, Lofaso said.
"Although not alleged, I would like to see the union amend its complaint to add a Thirteenth Amendment claim because the government currently expects these employees to work without pay," Lafaso said. "While the Administration might argue that these employees are not in a state of involuntary servitude because they can simply quit their job, the decision to quit is a Hobson's choice between working without pay or not working and quitting a secure job with excellent benefits for the possibility of finding a job with equivalent wages and benefits."
In the meantime, a CNN poll taken between Jan. 10 and 11 found 55 percent of people say the Trump Administration is responsible for the shutdown. Fifty-six percent opposed a wall.
Rep. Bill Johnson, R-Ohio, on Monday said the president should use the occasion of the State of the Union speech on Jan. 29 to solve the border and government shutdown issues.
"With the entire federal legislative branch in the same room, it would be a great opportunity to craft a deal -- right before the eyes of the American people, so they could see for themselves who is willing to negotiate, and who is not. President Trump could turn to Speaker Pelosi and extend a hand with a pledge to settle the differences right then and there," he said. "I certainly hope these outstanding issues are resolved by then. But if not, the State of the Union would be a great time to get it done. Then, if a deal between the two sides still cannot be reached, President Trump will have done everything he can do, and it will be time to officially designate the crisis on the southern border what it is - a national emergency."
Rep. David McKinley, R-W.Va., last week called for a bipartisan solution and if none occurs, Trump could declare a national emergency and remove any reason to not end the shutdown.
"Enough is enough. Both Democrats and Republicans need to stop digging in their heels and work to find a solution that allows federal employees to go back to work and provides adequate funding for border security," McKinley said.
"We can't let this shutdown drag on; federal employees and all American families deserve a resolution. All parties should come to the table and accept a reasonable offer that could include certainty for Dreamers in exchange for funding for border security," McKinley said. "If by next Thursday, there still isn't a solution, then President Trump could take the issue of border security into his own hands by declaring a national emergency. With that declaration there should be no reason to not re-open the government."