With the news that Governor McAuliffe will "veto" one line item of the Virginia budget, the monster that is Barack Obama comes to Virginia. This act is a violation of both the Virginia and U.S Constitutions according to Delegate Bob Marshall. From his press release today comes this: "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 that's exactly what he's 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".
Ones does not have to imagine why TMac believes he is above the law. Barack Obama has been living like this for nearly six years with absolutely no consequences whatsoever. Chances are that the Virginia Supreme Court will stop this tyrannical power grab by McAuliffe, but the greater question is warranted- why do Republicans continue to allow Democrats to live above the law? Who will stop him and when?
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".
Ones does not have to imagine why TMac believes he is above the law. Barack Obama has been living like this for nearly six years with absolutely no consequences whatsoever. Chances are that the Virginia Supreme Court will stop this tyrannical power grab by McAuliffe, but the greater question is warranted- why do Republicans continue to allow Democrats to live above the law? Who will stop him and when?
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