Division of Powers
Delegate Kenneth R. "Ken" Plum
 
On my recent vacation to Scotland I took time out to visit the Scottish Parliament.  Although the Parliament was not in session that day, the visit was worthwhile to see what has to be the most unique structure of any governmental body in the world.  Drawing on symbols of the people, land, and history of Scotland, the building itself is worthy of study.  (www.scottish.parliament.uk)  Equally as fascinating is the debate continuing over centuries about the division of power with the Mother Country that resulted most recently in 1998 in a devolution of power to the Scottish people to control their education, transportation, health, housing, police, and cultural matters with the United Kingdom Parliament taking care of taxes and defense.
 
Returning to this country I find that the debate over division of powers between the federal and state governments continues.  It has been an issue from the writing and ratifying of the Constitution to today.  The Tenth Amendment was supposed to clear things up by establishing that those powers not granted to the federal government were reserved for the states and the people.  As phrases like "interstate commerce" were given broader interpretation, a shift of power to the federal government seems to have taken place.
 
The economic recession has tended to amplify the debate as the federal government has taken significant action to stimulate the economy.  Virginia has been among the states whose leaders roundly criticize federal stimulus monies but accept it by the billions to balance the state budget.  Virginia used more than a billion federal dollars to balance the state budget last year and was spared greater cuts with federal dollars this year.
 
At the same time, Attorney General Kenneth Cucinelli is running up millions of dollars in lawsuits paid for by state taxpayers for cases of dubious purpose.  One suit brought against the federal health care reform would say that Virginians cannot be required to buy health insurance because of a state law that says they cannot be required by the federal government to buy insurance.  His suit brings forth arguments not unlike John C. Calhoun and interposition, saying that the states can interpose themselves between the federal government and the people and more recently by segregationists asserting state rights to defend their right to maintain separation of the races.  A decision in the case may provide additional clarity as to the division of power between the states and federal government but may simply be dismissed by the courts as not having merit.
 
Resolution of Mr. Cuccinelli's case in this and other lawsuits may provide great interest to legal scholars, but they will do little to give economic relief to anyone but the lawyers involved.  Historically, the shift in power to the federal government has occurred to fill a void when the states refused to act.  When the federal government does act there are the responding cries of conservatives about division of powers and states' rights.

 

 

 

 

Ken will be calling constituents on the telephone on Thursday, September 16, at 8:00 p.m. to discuss state issues.  You will get a brief recorded message announcing the purpose of the call.  Please stay on the line to participate in the live meeting.  Ken will be taking calls, answering your questions, and receiving your comments about your interests and concerns.  You will also be able to register your opinion on several issues by using your telephone keypad.  To ensure that you are called, please e-mail your phone number to Ken at kenplum@aol.com or leave it on his answering machine at 703.758.9733.

 

 The General Assembly will likely be called into special session this fall to consider some government reorganizations.  Let Delegate Ken Plum know your opinion on these issues by taking his 2010 Special Survey.  Go to www.kenplum.com and click on the link to the survey.  Email kenplum@aol.com or call 703.758.9733 with your name and home address if you would like a paper copy of the survey to be mailed to you.

 

 

On our recent trip to Scotland, Jane and I went to St. John's Church in Edinburgh that has an "Earth Be Glad:  Caring for Creation in Your Faith and Life" ministry (www.stjohns-edinburgh.org.uk).  Among their climate action suggestions were these:  Provide your own mower power (use a push mower).  Build a compost heap instead of using chemical fertilizer.  Printers, photocopiers, and computers can safely be switched off at the wall overnight; otherwise they will be using energy.  Rediscover the seasons by eating local foods.  For a green tip of the day, subscribe at www.foe.co.uk/living/tips.

 

 

The Hunter Mill Defense League presents "The Hunter Mill Road Corridor Civil War Tour" on Saturday, September 18, 8:00 a.m. to 12:30 p.m.  This acclaimed 4-hour narrated excursion on a 20-seat bus will focus on the locations of skirmishes, encampments, graves, and historical structures of the Civil War era.  The bus tour will begin in Vienna, include the Oakton (Flint Hill) area, and continue up Hunter Mill Road to Baron Cameron Avenue in Reston.  The narration will incorporate a unique perspective touching on the local citizenry as well as the soldiers and raiders of the time.  Understand why 60 generals have been documented in the corridor during the war and where 8 forts/stockades existed between today's Tysons Corner and Fairfax Courthouse.  Cost is $20 per person.  Register at www.HMDL.org.  For questions about the tour contact Jim Lewis at 703.620.2956.

 

Fairfax County residents are encouraged to avoid waiting in line at the Government Center and pay their 2010 Personal Property Tax bills online at www.fairfaxcounty.gov/dta, or by mail with the enclosed envelope in their bill.  Bills are due on October 5.  For information on other convenient ways to pay your bill, call 703.222.8234, TTY 711.