Virginia Supreme Court Rules Legislature Cannot Delegate Taxing Power to Non-elected Bodies

Finally.

A blow is struck against the increasing authority granted to non-elected officials and bodies. The Virginia Supreme Court struck a blow for the Constitution.

At least for citizens of Virginia.

The Virginia Supreme Court dealt a crippling blow to the region’s transportation plans on Friday when it ruled that the General Assembly cannot delegate taxing power to nonelected bodies.

The ruling means that the seven taxes and fees the Hampton Roads Transportation Authority had planned to impose in May to finance about $9 billion in road projects cannot be collected.

Because it did not strike down the state’s right to create it, the high court left open the possibility that the authority could survive. But the court placed responsibility for raising revenue to finance the road projects squarely on the shoulders of state legislators.

The unanimous ruling hit the General Assembly like a bomb, leaving lawmakers in Richmond dazed about what to do on the complex and politically charged issue of transportation.

The story typically interviews the one person most sympathetic to hitting the public with additional taxes: the director of the agency that would have received the taxpayers' money.

Art Collins, acting executive director of the Hampton Roads Transportation Authority, characterized the ruling in stark terms.

“We just went back 12 years,” he said. “We have no valid transportation plan now. It is just nuclear – that’s the only way to describe it. There is no reading between the lines. They said you can’t do it.”

The legislature in Virginia appears no different than lawmakers elsewhere.

They want to create "feel-good" programs with other people's money--but don't want to take the responsibility of paying for them. The election year charge of "He raised your taxes!" is not one incumbents want to hear.

So they dish the details off to non-elected groups: authorities, commissions, etc.

Many Democratic lawmakers said the ruling was a repudiation of the House Republican leadership, which had sponsored the road bill last year that left the decision about raising taxes and fees in the hands of the regional authorities.

Upon learning of the decision, Del. Lionell Spruill Sr., D-Chesapeake, uttered a triumphant “Yes!”

“First of all, I didn’t vote for it anyway,” Spruill said. “My question is, 'How can a city tax another city?’ So I was right. I voted against it because it’s not right for a group of cities to form an authority to tax another city.”

The reporter for the story interviewed another person who stood to gain from the now-unconstitutional plan: the transportation authority's chairman.

Norfolk Mayor Paul Fraim, the authority’s chairman, said he plans to meet with Kaine on Monday to discuss the region’s next move.

“It’s a setback,” Fraim said.

Opponents of the authority, who have long argued it was constitutionally dubious, rejoiced, saying the high court supported their long struggle to force lawmakers to ask all Virginians, not just the large metropolitan regions, to pay for road improvements.

“We are ecstatic about it,” said Robert Dean, head of the Virginia Beach Taxpayer Alliance, which supported the suit against the authorities.

What do non-elected bodies do when they receive an influx of taxpayer funds?

Put people on the payroll, naturally.

The authority, which is in the process of hiring staff, has already approved a $497 million plan that includes $50 million a year for Washington’s Metro system, $25 million a year for the Virginia Regional Express, and numerous road projects.

The Virginia Supreme Court has ruled non-elected bodies can't levy taxes.

The American Revolution was fought over just such an issue: no taxation without representation. That principle has been diluted over the years as elected bodies delegate all manner of power to non-elected officials.

If the public disagrees, they have no where to turn: they can't vote non-elected officials out of office.

Now, if only next the attention turns to unelected Smoke and Health Nazis. Anti-smoking fines and jail terms are being pronounced, in many cases, by unelected health group officials throughout the nation.

Rome wasn't built in a day.

by Mondoreb
hat tip: Michael Wagner Freedom Phoenix
image: libertygunrights
Source: Regional Transportation Authorities Ruled Unconstitutional



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Virginia Cuts All State Funding for Planned Parenthood

State Provided $300+ Million in 2006


The Virginia Senate voted to end taxpayer funding to abortion provider Planned Parenthood last week. The tie-breaking vote was cast by Lt. Governor Bill Bolling.

The amendment to the state budget followed a 20-20 tie among the senators.

The decision, a major setback for the Senate's new Democratic majority, marks the first time in more than a decade that the Senate has decided against giving state aid to the organization because of its abortion-related activities.

The GOP-controlled House has long pushed to cut off state aid for Planned Parenthood, but the moderate Republicans who controlled the Senate until this year fought off the effort.

Planned Parenthood leads the nation in number of abortions performed.

Attorney general hopeful Sen. Ken Cuccinelli II introduced the amendment. He explicitly attacked Planned Parenthood's abortion programs. "What we are doing is financing an abortion-mill operator," Cuccinelli said. "This will deny them that money."

The decision was a surprise, given the Senate's Democratic majority. Democrat Sen. Charles J. Colgan's vote in favor of the amendment led to the tie vote, which was decided by the Lt. Governor's vote. Despite pressure from fellow Democrats, Colgan sided with 19 Republicans, stating, "I ran on a pro-life platform, and most of my constituents are pro-life." Colgan cited fidelity to his conscience as a major reason for opposing funding to Planned Parenthood.

Regardless of how one views abortion, taxpayers are financing a private medical procedure--and that didn't sit well with some Virginia State Senators.

Planned Parenthood's abortion support was a clear reason for House opposition to funding. "We should shut off all federal dollars to any organization that provides abortion services or counseling," Rep. Stephen King told Cybercast News Service.

Democratic opponents of the amendment made an interesting argument: Planned Parenthood's programs actually decreased abortion.

They also claimed that cutting funding to Planned Parenthood would hurt PP's HIV prevention and pregnancy prevention programs.

Nothing was said about whether the state government should be in the business of funding abortions.

Sen. Janet D. Howell, argued that Planned Parenthood's contraceptive programs lead to a decreased number of abortions. "The irony is, Planned Parenthood probably prevents more abortions than any other organization in the country," said Howell.

Senate Majority Leader Richard L. Saslaw expressed fears that the Wednesday decision will lead to further funding cuts to groups that supply abortion. "Once we start down this road, there will be no stopping," said Saslaw.

Virginia's taxpayers have ponied up big bucks for Planned Parenthood in the past.

Last summer, Planned Parenthood revealed that it had received $305.3 million in tax-player funding in 2006, 12 percent more than in the previous year. Planned Parenthood admitted that 34 percent of its 2006 income came from taxpayer funding. The organization also reported a $55.8 million profit for the year.

The Republican-controlled House has already eliminated Planned Parenthood funding from its budget.

An interesting argument from Planned Parenthood opponents concerned PP's teenwire.com site.

Representatives also cited the inappropriate sexual material on Planned Parenthood's teenwire.com site as reason to end taxpayer support of the group. The site tells teens that viewing pornography is normal. "I don't believe taxpayer funding should be going to groups that put sexually explicit material on the Internet targeted at minors" said Rep. Joseph Pitts.

Actions that would land most people who tried that in jail.

Just part of the Virginia Planned Parenthood's spending of 300+ million dollars.

Planned Parenthood should be free to do whatever is legal.

But the Virginia taxpayers shouldn't have to finance it.

They won't have to--at least for the coming budget year.

by Mondoreb
image: dancollinscartoons
Sources:
* Virginia Cuts All Funding to Planned Parenthood
* Senate Vote Sets Tone on Abortion



DBKP.com - Bigger, Better!.
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Closing Saudi-Financed Virginia School Recommended

Radical Islam beachhead or a simple school?
by Mondoreb

Is a Virginia school a beachhead for radical Islam or just a simple school. Federal authorities have recommended the Saudi-based school close. From the AP:

McLEAN, Va. (AP) -- A private Islamic school supported by the Saudi government should be shut down until the U.S. government can ensure the school is not fostering radical Islam, a federal panel recommends.

In a report released Thursday, the U.S. Commission on International Religious Freedom broadly criticized what it calls a lack of religious freedom in Saudi society and promotion of religious extremism at Saudi schools.

Particular criticism is leveled at the Islamic Saudi Academy, a private school serving nearly 1,000 students in grades K-12 at two campuses in northern Virginia's Fairfax County.

One wonders why our good friends the Saudis are financing a school in the United states. What on earth could be their reasons? The school naturally disagreed with the findings. As The Captain's Quarters'x Ed Morissey posted:

The school itself disputed the report, at least as far as it concerned ISA. The Virginia school's director complained that the USCIRF had not contacted the school, nor had it reviewed the textbooks in use now. After a series of negative reports following 9/11, ISA claims it has replaced those texts with new books that do not contain any negative references to other religions, and that the Saudis consider ISA a model for school reform.

So the Saudis are interested in funding schools in the USA. It's noble for a kingdom that prohibits even the possession of a Bible within its borders to be financing schools in infidel America. Perhaps they find it pleasant.

Like a day at the beach.
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