Unconstitutional

By on March 24, 2013
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Cuccinelli on Medicaid and Tranpsportation Bill Constitutionality.

The Attorney General of Virginia, Ken Cuccinelli, has produced opinions on the Constitutionality of the Virginia Medicaid Expansion bill, and the Transportation/Tax Bill.

On the Transportation/Tax Bill:

The Honorable Robert G. Marshall
Member, House of Delegates

Although the imposition of different taxes on transactions in different localities does not violate Article X, § 1, HB 2313’s imposition of taxes in the specific localities constitutes a local law related to taxation prohibited by Article IV, § 14(5) of the Virginia Constitution. Further, because the taxes were imposed directly by the General Assembly, the taxes cannot be saved by the provisions of Article VII, § 2, even if they had obtained the affirmative vote of two-thirds of the members elected to each house.

And on the Medicaid Expansion Bill:

The Honorable Robert G. Marshall
Member, House of Delegates

The provisions of the 2013 budget act that purport to authorize Medicaid expansion only “[i]f the Medicaid Innovation and Reform Commission determines that” certain conditions set by the General Assembly have been met constitutes a delegation of the General Assembly’s legislative authority.  Further, the General Assembly may not delegate final legislative authority regarding budgetary or other matters to a committee composed of a subset of the members of the General Assembly.

So, if I’m reading this right, our Attorney General has determined that the General Assembly cannot:

  • Tax localities directly differently than it taxes other localities, or
  • Delegate its legislative and budgetary responsibilities to a commission.

Really.  Can’t imagine why no one thought of that before passing these monstrosities.

About Butch Porter

Butch Porter is a small business owner in Northern Virginia. A native Louisianian who has decided on the Commonwealth of Virginia as his place to raise a family. His faith, his upbringing, and his experience has defined him politically as an Independent Conservative. He is active in his local business community, and a strong advocate for individual property rights, accountable and fiscally responsible government, and parental choice and reform in education. He lives in Leesburg with his wife of 13 years (and counting) and son. Some of Mr. Porter’s writing and thought can be found in his local Loudoun Times Mirror, as well as on LoudounLiberty.com

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