Friday, February 29, 2008

You've been Court'd

There's something to be said for having the State Constitution on your side. There's another thing to be said for having the backbone to stand up to: a) the General Assembly; b) the other 8 Northern Virginia jurisdictions; and c) all those who say this is the only way to fund transportation. Kudos to Del. Marshall and the Loudoun Board of Supervisors for believing that the Constitution is still relevant.

Okay, intro is done. The gist? The VA Supreme Court struck down a 2007 state law that gave a non-elected regional body taxing authority over Northern Virginia. In other words, we'd be taxed without having direct representation on the body. The link to the opinion is here (it's short, pretty easy to understand, and worth a read).

The dilemma is what to do now. Some say the General Assembly will work it out this year; others say it will be next year. "We'll do our best," someone said.

But the quote of the day comes from Congressman Jim Moran (D-Va), who really doesn't have a dog in the fight, except that more money for transportation helps his constituents (but this is primarily a local and state issue). Regardless, here's the quote:

"Under the separation of powers, the legislative branch makes the law, and the judiciary decides whether the executive branch is acting consistent with that law. The judiciary doesn't make its own law. Once the legislature acts -- that is the law -- and there was no question when they acted if this was truly constitutional. The Attorney General had reviewed it and recognized it as consistent with the constitution." (Link)

Does he even realize what he's saying??? I wonder what Mr. Moran would say if you asked him about Roe v. Wade.

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