In Virginia: Bolling and Mims Oppose Government Health Care

Virginia Lieutenant Governor Bill Bolling (R-VA) wrote to Attorney General Bill Mims (R-VA) about the constitutionality of several provisions in the Senate Health Care Bill. The opinion from Mims on the matter is informative.

Mims, in response to a letter from Bolling, had the following to say:  “you inquire about the constitutional validity of two provisions.  One provision would, after a period of several years, exempt Nebraska in perpetuity from increased costs associated with the expansion of Medicaid.  No other state, including Virginia, is afforded similar treatment.  The other provision would require every citizen of the United States to obtain health insurance or face significant penalties.  I share your concerns about the constitutionality of both provisions.”

Interestingly, Mims points out that the General Welfare Clause of the Constitution may be proven meaningless if this bill is signed into law. Mims wrote, “In my view, carving out an exception for a specific state, unrelated to any policy objective other than to secure the vote of a particular senator, would exceed the bounds of what Congress may do under the Spending Clause,” wrote Mims.  “Where the taxing and spending is intended to effectuate a benefit for a single state, solely to garner the vote of a particular senator from that state rather than for the general welfare, the spending at issue is unconstitutional.  To conclude otherwise, would mean that the General Welfare Clause is meaningless.”

I'm waiting for more states to get involved in what may be the largest constitutional battle of all time. Mims, who did not appear on the ballot this past November, will be leaving office next week for incoming Attorney General Ken Cuccinelli. Bill Bolling will be sworn in to a second term as Lieutenant Governor this Saturday.