Listen to “Vox Populi, Vox Dei: The Legislature Must Respect the People’s Will” on Spreaker.
The West Virginia Supreme Court of Appeals made the correct decision Friday when it ruled that authority over rulemaking for the state’s public education system rests with the West Virginia Board of Education.
Article III, Section 2 of the West Virginia Constitution states: “All power is vested in, and consequently derived from, the people.”
Powerful words.
Article II, Section 2 similarly declares: “The powers of government reside in all the citizens of the state, and can be rightfully exercised only in accordance with their will and appointment.”
Formidable words.
As I wrote in April 2025, “These statements serve as both warnings and guardrails, ensuring lawmakers do not overstep the bounds set by the people.”
Setting aside, but certainly not dismissing, Justice H.L. Kirkpatrick’s constitutional reasoning in Friday’s opinion, a more fundamental point deserves emphasis: The voters of West Virginia have already weighed in on this question. Repeatedly.
In 1989, following the Supreme Court’s Hechler decision establishing the Board of Education’s independence in rulemaking, lawmakers asked voters to amend the state Constitution to provide for legislative oversight of education rules. The proposed amendment failed 88 -12.
In 2022, the Legislature tried again, placing Amendment 4 on the ballot. The proposed amendment would have allowed legislators to approve, amend or reject rules promulgated by the State Board of Education.
Again, the voters said no. Fifty-eight percent opposed the amendment, while just 42 percent supported it.
Twice the question was put before West Virginians. Twice they rejected legislative oversight of the Board’s rulemaking authority.
Yet, in 2025, the Legislature passed House Bill 2755, attempting through statute to accomplish what voters had twice rejected at the ballot box.
Apparently, the people’s will was not the answer some legislators wanted.
Delegate Eric Brooks (R-45th) took to Facebook Friday evening to express his displeasure with the Court’s ruling.
“So the State Supreme Court of Appeals has ruled that the BOE can receive taxpayer dollars with zero oversight,” Brooks said. “They can do what they want with the money and run the schools however they wish without any oversight from the taxpayers or their elected representatives.
“Please remember that when you have issues with your school. We tried, but the West Virginia Supreme Court shot us down.
“Sad day for education in our state.”
Respectfully, Brooks’ sentiment ignores a fundamental principle: Vox populi, vox Dei. The voice of the people is the voice of God.
Just as legislators placed a constitutional amendment prohibiting noncitizen voting before West Virginians in 2026 — voters said yes by a wide margin; an outcome legislators surely readily embraced — they must respect the results of constitutional questions that do and do not go their way.
The will of the people is not binding only when elected officials agree with it.
And let’s remember something else: Voters owe legislators no explanation for their decisions.
They do not have to justify their votes. They do not have to defend their reasoning. They do not have to satisfy elected officials who believe they know better.
When elected officials begin treating the expressed will of the people as an obstacle to be circumvented rather than a decision to be respected, a dangerous culture takes hold within government.
Constitutional questions and arguments notwithstanding, it is appropriate that Friday’s Court decision reaffirmed an arrangement voters have repeatedly chosen not to change.
Until West Virginians decide otherwise, the State Board of Education retains its constitutionally protected independence in rule making.
That does not mean, as Brooks suggests, that the Board operates without accountability. The Legislature maintains the power of the purse and the authority to enact laws governing public education. Those are substantial powers, and lawmakers are hardly powerless.
What legislators do not possess is unlimited authority to exercise every function of government simply because they were elected.
The people of West Virginia have chosen to preserve a measure of independence for the State Board of Education — a check on legislative power when it comes to the governance of public education.
Legislators who share Brooks’ opinion would do well to remember that.
Vox populi, vox Dei.
The people have spoken. Their elected representatives should listen.