Those who followed my old blog may recall that I spent a great deal of time talking about earmarks in the Virginia budget, including how state grants to private non-profit organizations was forbidden under the state’s constitution. One of the framers of that revised document, Dick Howard, said the prohibition was put in place to prevent an opening of the “floodgates” by a “vast number of private groups that would consider themselves equally entitled to share in the public largesse.”
Those plain words meant nothing to legislators, who, during the fat times of budget surpluses, eagerly donned their Santa costumes to shower gifts of public money on private charities. Lean budget times forced them to keep the red hat and knickers in the closet. But now, even as he scours the budget for additional cuts, Gov. McDonnell has revived the old, unconstitutional practice with a vengeance.
Just this week, the Governor has issued a press release touting the $500,000 he intends to give to the Federation of Virginia Food Banks and an additional $500,000 he wants to donate to Operation Smile.
Individual and corporate giving to charity is a perfectly fine and laudable activity and these two organizations provide essential services to their clients. However, the state is specifically barred from supporting them with taxpayer dollars. And just to refresh our memories, here’s the section of the constitution in question:
“Nor shall the General Assembly make any like appropriation to any charitable institution which is not owned or controlled by the Commonwealth; the General Assembly may, however, make appropriations to nonsectarian institutions for the reform of youthful criminals and may also authorize counties, cities, or towns to make such appropriations to any charitable institution or association.” (Va. Constitution Va. Con. Art. 4 § 16 (1971))
Call me a scrooge if you like, but the language is clear.
So why is Gov. McDonnell ignoring it?
It’s not just a rhetorical question. In 2007, then-Del. Chris Saxman told me that then-Attorney General Bob McDonnell looked into this specific issue. I’ve no idea what conclusion McDonnell may have come to at the time, but it would certainly appear it was one that allowed the state to hand out money to private charities despite the constitutional ban.
And so, in the spirit of the season and in light of the state’s ever-full purse, I urge all private charities to make their pitch to the Governor now.
And for those tea party supporters who have fought so long and so hard to get congressmen to pay attention to the words and meaning of the federal Constitution, I strongly suggest they turn their sights on Gov. McDonnell, who seems to think the clear words of Virginia’s supreme law are mere scribbles on paper.
