Single-Object Rule: If Unconstitutional, 'Budget Poses Problems" (Va budget illegal?)

Richmond Times Dispatch ^ | April 8, 2004 | Dick Black

[iceskater]

What if the budget is ruled unconstitutional once the budget impasse ends? The Governor's deliberate mixing of taxes and appropriations in the same bill makes this a distinct possibility - one that we must avoid.

The constitutionality of the budget bill is a pressing issue because, unlike any other legislation, there are substantial consequences if the budget is not enacted. Time in which to resolve the legal uncertainty is short: Local school divisions must know by May 1 the amount of funding the Commonwealth will provide for fiscal year 2005 in order to finalize contracts with teachers and other employees.

[iceskater]

Richmond ping.

Why haven't the tax-hawks talked about this? This is the first time I've heard of this issue. The Stupid Party strikes again.

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[Mudboy Slim]

"By law the Governor must submit a balanced budget to the Virginia General Assembly. However, this year the Governor's budget unlawfully intertwined appropriations and new taxes within the same bill. Combining taxes and appropriations in one bill violates the single-object rule, which is a foundational tenet of Virginia constitutional law. The single-object rule is designed to prevent "logrolling," where multiple objects are rolled into one measure until enough votes are accumulated to enact laws that could not stand on their own merits. Clearly, taxes were incorporated into the budget bill for just that reason. New taxes could not pass on their own merits."

This could be huge, thanks fer posting it...MUD

[gieriscm]

I suspect that the tax-hawks were kept in the dark until the solid "No Tax Hike" Republicans could thoroughly research the Constitutional issues to see whether such a ploy would have a real chance of working. It looks like they've decided that they're on firm footing Constitutionally, so thus they're making their attack on tax hikes from a position of strength.

[familyofman]

"THE GOVERNOR'S initial budget, and the subsequent Senate bill, should have been rejected, because both violated the single-object rule. Rejecting them would have compelled the Governor to abide by the state Constitution and send down a properly revised budget bill. But by referring the unlawful proposals to committee, the House acceded to the Governor's unconstitutional strategy."

Interesting - I'll have to contact my Delegate,Mr. Black to see what he proposes as a solution.

[P8riot]

da-yum. Not only is this hugh, it is series. Anyone know what Mac Watson's gonna be talking about on WRVA this afternoon? I'm gonna fire the above article off to him. See if we can stir the pot.

[iceskater]

Where the h#!! is Kilgore in this? He's the freakin' Attorney General. He should have been sounding the alarm on this months ago!!????

More blood pressure medicine. I need more blood pressure medicine.

[iceskater]

Please let us know what he says. Although I think this is his answer,

Sensing momentum toward higher taxes, Delegate Bobby Orrock is now introducing a stand-alone tax bill to rectify the legal infirmity in the budget bill.

[iceskater]

Don't know. Don't care. I don't like him. He has said a bunch of things that I think are just completely off the wall. I tune him out or I tune in to Sean.

Sorry - I don't mean to be mean. I'm swamped at work and I needed a break. But this tax thing just boils my oil.

[Mudboy Slim]

"Anyone know what Mac Watson's gonna be talking about on WRVA this afternoon? I'm gonna fire the above article off to him. See if we can stir the pot."

Good idea...that might be just the ticket to keep me from flippin' over to Hannity's show once Rush signs off fer the day.

A few phone calls from FReepers wouldn't hurt either...MUD

[Mudboy Slim]

"Where the h#!! is Kilgore in this? He's the freakin' Attorney General."

Another excellent point...Kilgore wants to be our next Guv'nah...he ought to be all over this!!

FReegards...MUD

[iceskater]

[Insert Howard Dean scream]

This is making me crazy. I have to go back to my project now or I will completely lose my mind.

[Mudboy Slim]

"Twelve Republican moderates in the House of Delegates appear ready to bolt in support of higher taxes."

Any idea who these 12 RINOs are?! They might need a back-stiffenin' call or twenty...MUD

[Gabz]

Dang............I wish I had seen this BEFORE I met with my delegate this morning....who also happens to be my attorney.

[Mudboy Slim]

"[Insert Howard Dean scream] This is making me crazy."

LOL...deep cleansing breaths...MUD

[familyofman]

"Any idea who these 12 RINOs are?! They might need a back-stiffenin' call or twenty...MUD"

Page B1 Metro section of the Washington Post has there photos & article.

[Mudboy Slim]

Thanks...the Post is probably hailing them as heroes.

FReegards...MUD

BTW...Ollie North is a great American...heh heh heh.

[Mudboy Slim]

"I wish I had seen this BEFORE I met with my delegate this morning...."

A followup call is always nice...MUD

[familyofman]

"BTW...Ollie North is a great American...heh heh heh."

Been there, done that - don't want to go back. Your sense of humor is good though.