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Single-Object Rule: If Unconstitutional, 'Budget Poses Problems" (Va budget illegal?)
Richmond Times Dispatch ^ | April 8, 2004 | Dick Black

Posted on 04/09/2004 9:01:23 AM PDT by iceskater

Edited on 07/20/2004 11:51:28 AM PDT by Jim Robinson. [history]

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.


(Excerpt) Read more at timesdispatch.com ...


TOPICS: Government; News/Current Events; US: Virginia
KEYWORDS: butirepeatmyself; dickblack; lyingdemocrats; moretaxes; taxes; vageneralassembly

1 posted on 04/09/2004 9:01:24 AM PDT by iceskater
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To: iceskater; sultan88; Mudboy Slim; Corin Stormhands; jla; Flora McDonald; AdSimp; ...
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.
2 posted on 04/09/2004 9:03:04 AM PDT by iceskater (No nation or state ever taxed itself into prosperity.)
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To: All
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3 posted on 04/09/2004 9:05:31 AM PDT by Support Free Republic (Hi Mom! Hi Dad!)
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To: iceskater
"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

4 posted on 04/09/2004 9:12:43 AM PDT by Mudboy Slim (Become a monthly donor......"What good am I...if I fail to FReep?!")
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To: iceskater
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.
5 posted on 04/09/2004 9:20:44 AM PDT by gieriscm (The AW ban sunsets on 09/13/2004)
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To: iceskater
"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.
6 posted on 04/09/2004 9:23:52 AM PDT by familyofman
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To: Mudboy Slim; iceskater
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.
7 posted on 04/09/2004 10:44:46 AM PDT by P8riot (A friend will help you move. A good friend will help you move a body.)
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To: P8riot; Mudboy Slim; Corin Stormhands; sultan88
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.
8 posted on 04/09/2004 10:53:42 AM PDT by iceskater (No nation or state ever taxed itself into prosperity.)
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To: familyofman
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.

9 posted on 04/09/2004 10:55:21 AM PDT by iceskater (No nation or state ever taxed itself into prosperity.)
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To: P8riot
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.
10 posted on 04/09/2004 10:57:29 AM PDT by iceskater (No nation or state ever taxed itself into prosperity.)
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To: P8riot; Corin Stormhands
"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

11 posted on 04/09/2004 11:03:12 AM PDT by Mudboy Slim (Become a monthly donor......"What good am I...if I fail to FReep?!")
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To: iceskater; sultan88; xyz123; GeorgeW23225; AdSimp
"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

12 posted on 04/09/2004 11:05:10 AM PDT by Mudboy Slim (Become a monthly donor......"What good am I...if I fail to FReep?!")
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To: Mudboy Slim
[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.

13 posted on 04/09/2004 11:08:05 AM PDT by iceskater (No nation or state ever taxed itself into prosperity.)
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To: iceskater
"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

14 posted on 04/09/2004 11:08:35 AM PDT by Mudboy Slim (Become a monthly donor......"What good am I...if I fail to FReep?!")
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To: Mudboy Slim; iceskater
Dang............I wish I had seen this BEFORE I met with my delegate this morning....who also happens to be my attorney.
15 posted on 04/09/2004 11:08:39 AM PDT by Gabz (Stress out Streisand.............................DONATE MONTHLY)
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To: iceskater
"[Insert Howard Dean scream] This is making me crazy."

LOL...deep cleansing breaths...MUD

16 posted on 04/09/2004 11:09:49 AM PDT by Mudboy Slim (Become a monthly donor......"What good am I...if I fail to FReep?!")
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To: Mudboy Slim
"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.
17 posted on 04/09/2004 11:13:31 AM PDT by familyofman
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To: familyofman
Thanks...the Post is probably hailing them as heroes.

FReegards...MUD

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

18 posted on 04/09/2004 11:15:13 AM PDT by Mudboy Slim (Become a monthly donor......"What good am I...if I fail to FReep?!")
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To: Gabz
"I wish I had seen this BEFORE I met with my delegate this morning...."

A followup call is always nice...MUD

19 posted on 04/09/2004 11:16:05 AM PDT by Mudboy Slim (Become a monthly donor......"What good am I...if I fail to FReep?!")
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To: Mudboy Slim
"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.
20 posted on 04/09/2004 11:21:27 AM PDT by familyofman
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To: Mudboy Slim
He knows EXACTLY my position on the tax increases, and did so even before election day. In fact he brought up the subject even before I did, but not about the constitutionality issue. I have already emailed this to him.
21 posted on 04/09/2004 11:25:23 AM PDT by Gabz (Stress out Streisand.............................DONATE MONTHLY)
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To: familyofman
"Your sense of humor is good though."

And so is yers...glad you recognized my comment fer what it was...I chose not to join those gang-tackling you last night.

FReegards...MUD

22 posted on 04/09/2004 11:43:17 AM PDT by Mudboy Slim (Become a monthly donor......"What good am I...if I fail to FReep?!")
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To: Gabz
"I have already emailed this to him."

Excellent...MUD

23 posted on 04/09/2004 11:44:05 AM PDT by Mudboy Slim (Become a monthly donor......"What good am I...if I fail to FReep?!")
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To: familyofman; Corin Stormhands; iceskater; Ligeia; sultan88; jla; P8riot; Flora McDonald; Coop
"Maverick RINOs Support Tax Hike!!"

"Home for a long Easter weekend, the maverick delegates will encounter a barrage of messages both supporting and opposing their shift away from party orthodoxy. Advocates for health care and education plan to run radio ads friendly to their stance, while anti-tax activists and the state GOP have launched an e-mail campaign to test the delegates' resolve. The tax plan crafted by the group of breakaway Republicans is scheduled for a vote Tuesday, as lawmakers announced Thursday that they would take an extra day off before returning to the Capitol. If the bill passes, the Senate will have an opportunity to amend or approve the tax plan. In the 100-member House, 17 delegates are solidly in the breakaway group, members said."

I think this must be the article yer referring to...MUD

24 posted on 04/09/2004 12:52:00 PM PDT by Mudboy Slim (Become a monthly donor......"What good am I...if I fail to FReep?!")
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To: Mudboy Slim
It's the article, but the 'rouges gallery' of photos in the print version is missing.
25 posted on 04/09/2004 12:58:45 PM PDT by familyofman
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To: familyofman
"Del. Harry J. Parrish (R-Manassas) described his tax measure, House Bill 5018, as an effort to enhance the House's negotiating position with the Senate. A writer asked: "is HB5018 a long-term solution?" Parrish, who is chairman of the House Finance Committee, responded: "No, HB 5018 is a move in the direction to allow our conferees on the budget some maneuvering power with the Senate that ultimately will result in a budget."

They name a handful of the RINOs, but I don't see any of them from Central Virginia...when I get home I'll see if the Righmond Times-Dispatch has a similar article that names all 17...MUD

26 posted on 04/09/2004 1:03:50 PM PDT by Mudboy Slim (Become a monthly donor......"What good am I...if I fail to FReep?!")
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To: iceskater
I understand. I don't particularly care for him myself. But any exposure this gets is good.
27 posted on 04/09/2004 1:07:58 PM PDT by P8riot (A friend will help you move. A good friend will help you move a body.)
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