Bob Marshall shared a link. 6 hours ago Terry McAuliffe and Mark Herring are at it again! Governor McAuliffe has no legal authority to “line-item veto” the condition added by the General Assembly to the Budget preventing the Governor from expanding Medicaid without General Assembly approval, but thats exactly what hes trying to do! The Virginia Supreme Court defined “item” the 1940 case of Commonwealth vs. Dodson and agreed with the US Supreme Court that: “An item of an appropriation bill obviously means an item which in itself is a specific appropriation of money, not some general provision of law which happens to be put into an appropriation bill. ... Even if the Constitution of Virginia gave Mr. McAuliffe the power to veto “parts” of the Budget, he still could not “line-item veto” the Medicaid prohibition: “ ... the constitution of Mississippi gave to the governor power to veto parts of any appropriation bill. Parts is a word capable of wider application than item or items, yet it did not give to the governor power to veto an objectionable provision.(Dodson, citing Bengzon v. Secretary, etc.) The Governor’s actions and the Attorney general’s so-called advice are contemptuous of the people and Constitution of Virginia, the Constitution of the United States, and the Rule of Law. No doubt Mr. McAuliffe is following the deluded reasoning of Attorney General Mark Herring who is better at giving political advice than legal counsel. McAuliffe and Herring are defying the US Supreme Court (see Bengzon v. Secretary of Justice of Philippine Islands - 299 U.S. 410, 1937) and the VA Supreme Court (see Brault v. Holleman, 1976). The VA Constitution clearly states, “The Governor shall have the power to veto any particular item or items of an appropriation bill, but the veto shall not affect the item or items to which he does not object.” McAuliffe’s fake “line-item veto” completely reverses the purpose of the amendment. It is out of order and the Speaker should rule it out of order. The Speaker should also open hearings into the unauthorized and unprecedented raw exercise of power by Mr. McAuliffe and Mr. Herring to restore constitutional order to Virginia’s government. Please contact Speaker Bill Howell to ask him to rule this veto out of order at [email protected]. Please also contact your delegate and senator to ask them encourage the Speaker to stay strong in this fight against the Governor and to not allow this massive abuse of the Executive office (find them here: conview.state.va.us/whosmy.nsf/VGAMain?openform .) You can also contact Governor Terry McAuliffe to let him know you disagree with his veto and you want him to follow the U.S. and Virginia Constitutions by going to the link below.
Posted on: Sun, 22 Jun 2014 00:17:29 +0000
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