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Bob McDonnell’s Massive Tax Increase May Be Unconstitutional

My friend and Bearing Drift contributor Norm Leahy has penned an editorial for the Washington Post along with Paul Goldman in which they discuss the constitutional problems with the new Transportation Tax Increase.

Those praising the Virginia General Assembly’s transportation compromise may not realize that the bill runs afoul of the plain language in the state’s constitution.

Virginia’s constitution is clear that the General Assembly can impose only uniform taxes across the state for similar activities. But the bill that emerged from the House-Senate conference committee last weekend upsets the historic balance between localities and state government; it contains new provisions about taxation, some of which would effectively set up a two-tier system for residents in certain parts of the state. It’s difficult to see how some of these provisions could survive legal challenge.

There are four provisions at issue. The bill would raise Virginia’s sales tax on non-food items from 5.0 percent to 5.3 percent statewide.

But the bill also says that in areas of Northern Virginia and Hampton Roads, merchants would be required to charge more, bringing the total tax to 6 percent. The revenue from this additional tax is to be spent on transportation projects in those areas.

Then there is the “regional congestion-relief fee,” applicable only in Northern Virginia, that is expected to add $750 to $1,000 to the cost of buying and selling a home in the region.

The fourth provision involves a 3?percent tax on hotel and motel bills in Northern Virginia.

Article X, Section 1 of Virginia’s constitution requires that all taxes “levied and collected under general laws” be “uniform upon the same class of subjects within the territorial limits of the authority levying the tax.” Article X, Section 4 includes the additional requirement that real estate is subject to “local taxation only” — not a levy imposed by the General Assembly in Richmond.

There is more and you can find it on the Washington Post site, but I would suggest that you read the rest on Bearing Drift to send them the traffic.

Also – please click this link and ‘LIKE’ the page Stop Largest Tax Increase in Virginia History’.

About Tom White

Tom is a US Navy Veteran, owns an Insurance Agency and is currently an IT Manager for a Virginia Distributor. He has been published in American Thinker, currently writes for the Richmond Examiner as well as Virginia Right! Blog. Tom lives in Hanover County, Va and is involved in politics at every level and is a Recovering Republican who has finally had enough of the War on Conservatives in progress with the Leadership of the GOP on a National Level.

2 Responses to “Bob McDonnell’s Massive Tax Increase May Be Unconstitutional”

  1. Tricia Stall

    Like Stopvirginiataxhike
    Traitors! All will be rewarded with powerful government positions, appointed by their Chamber of Commerce/Planning District Commissions politically connected allies! Norment law professor at W&M and other conflict of interest! Law firm Commissioner of Accounts in many communities, including Hpt., VA

    • Tom White says:

      I think the Republican Swamp needs more draining than the Democrat swamp. At least we know the Democrats will raise our taxes and grow government. Republicans will too. But they lie.


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Tom White Says:

Nothing is more conservative than a republican wanting to get their majority back. And nothing is more liberal than a republican WITH a majority.

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