Tea party works to gain and hold influence in the state

RICHMOND

Having made their presence felt at the ballot box this year, Virginia conservative activists associated with the tea party and other like-minded groups are now seeking to convert their coalescing might into legislative influence in 2011 and beyond.

The coalition has an ambitious list of priorities it wants General Assembly action on - a package of 10th Amendment "freedom bills" designed to exempt people or government from taxation and regulations members say are onerous.

"People have kind of woken up to this concept that the federal government is encroaching on the states, getting involved in things the Constitution didn't provide for," said Angie Parker of Just Liberty, one of groups involved in crafting the agenda.

Some Democrats take a different view.

"Instead of creating jobs, improving education and expanding opportunity for working Virginia families, the tea party-Republicans are focused on picking fights with President Obama and pursuing ideological crusades that won't make life better for anyone," said Brian Coy, a spokesman for the Virginia Democratic Party.

Perhaps chief among the coalition's priorities is the so-called repeal amendment, which would effectively give states veto power over federal laws or regulations. A federal measure could be repealed if two-thirds of state legislatures pass resolutions against it.

It has the backing of the Virginia Tea Party Patriots federation and House Speaker William J. Howell, R-Stafford, among others. Critics say the measure is unconstitutional.

Though it has gained momentum lately, the idea for a repeal amendment is hardly new, said former Gov. George Allen, who cited a 1995 speech he gave about placing state limits on federal power. Allen, who's gearing up for a possible Senate run, has long espoused some of the small government, low tax philosophies reflected in the groups' agenda.

What's different now, he said, is that "people are more informed, more aware and more riled up" about placing checks on federal power.

The groups' agenda also includes measures to evade anticipated federal environmental rules to reduce greenhouse gas emissions and combat global warming.

A bill filed by Del. Bob Marshall, R-Prince William, would exempt residential buildings from federal cap-and-trade legislation, which congressional Democrats have pushed but not passed.

Another on the list - HB1357, carried over from this year - would block state environmental authorities from "taking any action to restrict the emission of carbon dioxide" or enforcing any federal law with that intended effect in Virginia.

Those measures are similar to the health care opt-out law enacted by the General Assembly this year, which attempts to exempt Virginians from the new federal requirement to obtain health insurance.

That law is a cornerstone of the legal challenge to the federal health care package being pursued by Republican Attorney General Ken Cuccinelli. He has met with some of the groups in the tea party coalition to discuss their agenda and "find areas of common ground where he can offer vocal support and a bully pulpit," according to his spokesman.

Also on the list are several property rights measures, including the repeal of land use provisions passed in 2007 as part of a transportation funding package that has been largely dismantled.

Language in the law mandating that certain localities establish high-density urban development areas represents "an erosion of private property rights" because it restricts how owners use their land, argued Donna Holt, president of the Virginia Campaign for Liberty, a division of the political organization of U.S. Rep. Ron Paul, R-Texas.

A constitutional amendment to limit government's ability to condemn private property through eminent domain is being backed by Tertium Quids, a conservative advocacy group that successfully pushed legislation to restrict the taking of land in 2007.

Since then, other interest groups have worked to weaken the statute, said the group's president, John Taylor.

Tertium Quids, which previously tried to eliminate state income taxes, also wants a statute allowing individuals and corporations to claim tax credits for education expenses, whether for tuition or scholarships.

The groups' agenda also includes a measure to exempt from federal regulation any product made in Virginia that remains within the state. It's similar to a bill defeated earlier this year to provide such protections to locally made firearms and ammunition.

Illegal immigration, a flashpoint this year in part because of Arizona's passage of a sweeping enforcement law, finds a place in the coalition's agenda, too.

One measure would require education officials to collect data on students who can't produce a birth certificate or other documentation proving they are in the country legally. Funding could be withheld from schools that don't comply.

Other immigration bills would compel governments to electronically verify the legal status of workers, including contractors, and prohibit governments from limiting enforcement of federal immigration law.

The school data bill has been previously filed and defeated in the legislature, said Claire Guthrie Gastanaga, a lobbyist who works on immigration issues. Its adoption could invite a legal battle because courts have previously held that children deserve educational opportunities, she said.

Julian Walker, (804) 697-1564, julian.walker@pilotonline.com