Two cases challenging the constitutionality of key elements of the Dulles Rail project and the landmark transportation bill will be heard in coming months by the Virginia Supreme Court.
These cases involve Virginians’ constitutional right to be taxed only by elected representatives — something far more important than subways and highways.
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Virginia’s constitution clearly states that residents of the commonwealth cannot be taxed “without their own consent, or that of their representatives duly elected. …”
Nowhere does the constitution give the power to tax to unelected political appointees like those on the board of the Metropolitan Washington Airports Authority (MWAA) or the Northern Virginia Transportation Authority (NVTA).
Gov. Tim Kaine has no constitutional authority to hand over a revenue-producing state asset like the Dulles Toll Road to MWAA and allow it to set tolls without the legislature’s permission, Richmond lawyer Patrick McSweeney argues in the lawsuit he filed on behalf of two Northern Virginia commuters.
Earlier this year, a lower court claimed sovereign immunity on the constitutional issue, so the case is headed to the state Supreme Court to be argued on the merits.
The same issue is raised by the Loudoun Board of Supervisors and Del. Robert Marshall, R-Manassas, concerning the NVTA, whose 14 members are elected — but not to the NVTA.
They are elected to other public offices, then appointed to NVTA by the jurisdiction they represent. The Loudoun Board and Marshall argue that NVTA cannot have taxing power because its members are appointed, not elected, as required by the state constitution. The 2007 transportation improvements bill gives NVTA power to levy $300 million in new taxes for transportation projects.
Unrestrained, unaccountable power is exactly what MWAA and NVTA will have unless Virginia’s high court intervenes.
The justices will be under intense political pressure to dismiss these constitutional challenges and allow unelected panels to wield taxing powers that are specifically reserved for members of the world’s longest continually meeting legislature.
Such a decision would undermine the state constitution and deprive Virginians of their right to oppose onerous taxation at the ballot box. George Mason — who drafted the Virginia Constitution — must be spinning in his grave.
