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Senator Jill Vogel (R-27, Winchester) is in her first term in the Virginia Senate. She is a rising star in the Republican Party of Virgina, let alone in the GOP caucus, and already has led on a number of issues, becoming an effective voice for conservatism in the very liberal Senate. She sits on the General Laws and Technology, Privileges and Elections, and Rehabilitation and Social Services Committees. This year, she was one of three patrons of Senate legislation that protects Virginians from the increasingly long arm and outright girth of the federal government over states and individuals in the area of health care. Her bill, SB 417, with the others, shocked liberals across the state by passing the Democrat controlled Senate and now is on the way to Governor Bob McDonnell’s desk for his signature, which will make Virginia the first state to protect itself from ObamaCare.

We originally scheduled this interview for one part, but Senator Vogel gave such informative replies, we decided to break it up. So, here, in part one, we ask her about her Health Care Freedom legislation. In part two, we’ll cover the state budget and spending, the economic benefit of eliminating corporate taxes, and de-funding Planned Parenthood.

FamilyFoundationBlog: Senator Vogel, thank you very much for spending time with us and answering these questions. They cover a broad range of topics of interest to our readers. As we have just passed “Crossover,” we very much look forward to your answers and insights as to what is happening in the General Assembly. Are you ready for some questions?

Senator Jill Vogel: I am ready and I am happy to have an opportunity to be with you. Also, before we begin I should tell you how grateful I am for all that The Family Foundation does to provide support and encouragement on the bills that I have carried. It is a huge help.

With crossover behind us, this is a perfect opportunity to take stock of where we are and for me to answer some questions about progress in the Senate this year. It has been an intense session, but with the help of the newly elected Governor we have made some significant headway on issues affecting jobs and the economy as well as a long list of other issues that are priorities for us.

FamilyFoundationBlog: Thank you for those kind words. That’s very high praise. Now, question one: You are one of the leaders in Health Care Freedom legislation to protect Virginians from the federal government’s reach into our personal health care decisions. Why did you take on this issue?

Senator Vogel: I took this on because it is time that our state legislature acted on this subject — both to protect our citizens and to reinforce that what the federal government is currently attempting to do with health care is not only bad public policy, but it is unconstitutional.

My bill is simple. It makes it illegal to impose insurance mandates on the citizens of the Commonwealth and forecloses the kinds of mandates that government run health care would dictate. Frankly, never in the history of this country has the federal government attempted such a power grab and I have an obligation to the citizens that I represent to prevent Congress from usurping the authority for decisions that are clearly left to individuals and the states under the 10th Amendment to the U.S. Constitution.

Such a scheme by the federal government will never survive a Constitutional challenge and Virginia’s legislation sets us up for that challenge. The United States Supreme Court has never expanded the 10th Amendment or the Commerce Clause or any other category to reach the regulation of the purchase of a private product. We can incentivize certain behavior, we can tie certain requirements to certain funding or other contingencies, but a flat out mandate of this nature is a clear violation of the Constitution.

Other state legislatures around the nation have taken up the charge as well and, at this count, I think more than 38 states are considering similar measures. The point is that states are the breeding ground of innovation and competition for new ideas and solutions about health care should be left to the states. I am proud to say that yesterday marked the passage of the legislation in both the House and Senate of Virginia, bringing us national attention as the first state legislature to fully pass the measure.

FamilyFoundationBlog: Were you prepared for the heated barrage of questions and, quite frankly, the rude treatment from one of your liberal colleagues in the Senate Commerce and Labor Committee? Also, tell us about the close vote in the committee — did it surprise you that it even got reported? How much work went in to convincing Senators Colgan and Puckett to crossover?

Senator Vogel: I knew that the issue would be controversial and politically charged and I think the slim margin of the vote made it that much more tense. I was surprised that the bill passed in a committee with such a large Democratic majority on the committee and that merely reinforces that this is not a partisan issue. Also, it was not a hard sell with Senators Colgan and Puckett, whose votes very much reflect the mood of their districts.

FamilyFoundationBlog: Were you surprised at the big margin the Health Care bills passed in the Senate given the liberal control of that chamber? Have you seen an issue like this before that has so galvanized such a large number of people from all across the political spectrum?

Senator Vogel: Once it passed committee, I was less surprised at the amount of bipartisan support in the full Senate. Again, those numbers just reinforce that these concerns about health care are compelling to people across the political spectrum. No matter what, Virginians don’t believe in a one size fits all health care solution that subjects them to the dictates of a federal bureaucracy that manages health care.

Annotations & Elucidations

The Slow Time

It’s a slow political news cycle this time of year, especially right after a gangbusters election, as things settle down. Soon, however, it will be special election time in Fairfax and Virginia Beach for two Virginia Senate seats (vacated by the elections of Ken Cuccinelli to attorney general and Ken Stolle to Virginia Beach Sheriff). It’s becoming more likely that the new senator from Virginia Beach will be the Republican nominee since the Democrats can’t seem to find a candidate. Bob McDonnell will show his bipartisan stripes and meet with House Democrats, while Ron Villanueva gains another vote in his bid to keep said Dems one seat fewer.

Nationally, the AP reports 10 states face looming budget disasters, while U.S. Senate Majority Leader Harry Reid is seeking a huge tax increase to pay for the health care bill. Who thinks things will get better soon? Meanwhile, Walter E. Williams is on target as ever in his column about contempt for the constitution, Christopher Adamo offers the GOP lessons from the New York special Congressional election, and Bobby Eberle tells RNC Chairman Michael Steele to knock off the irresponsible racial talk.  

News:

McDonnell to meet with House Democratic Caucus (Richmond Times-Dispatch)

Beach electoral board finds extra vote for Villanueva (Norfolk Virginian-Pilot)

Two Republicans run for Stolle’s seat; another Democrat out (Washington Post Virginia Politics Blog)

‘Jane Roe’ honored at LU pro-life conference (Lynchburg News & Advance)

National News:

A Year Out, Widespread Anti-Incumbent Sentiment (Pew Research Center for the People & the Press)

Reid eyes payroll tax hike to pay for health care (AP/GOPUSA.com) 

Report: 10 states face looming budget disasters (AP/GOPUSA.com)

Commentary:

History Is Calling — Will Obama Answer? (Michael Barone/GOPUSA.com)

Constitutional Contempt (Walter E. Williams/GOPUSA.com)

We Win, They Lose (Lisa Fabrizio/GOPUSA.com)

Blind Diversity Equals Death (Michelle Malkin/GOPUSA.com)

Lessons Learned From New York District 23 (Christopher Adamo/GOPUSA.com)

Bridging the Racial Divide Takes a Bridge, not a Chainsaw (Bobby Eberle/GOPUSA.com)

No More Career Politicians! (Bobby Eberle/GOPUSA.com)

Annotations & Elucidations 

Virginia Borrows Now; IOUs Next?

Who said Virginia isn’t for borrowers? We’ve always prided ourselves on being different than the federales. In Virginia, we balance our budgets. In Virginia, we don’t use gimmicks. Of course, states can’t print money, but they sure can borrow it. In Virginia’s case, it’s more than $1.2  billion worth, or the size of a potential Creigh Deeds tax increase. Whatever happened to the “Best Managed State”? This is what Senator Deeds wants to “continue”? First, it was California-style state employee furloughs. Now it’s federal government-style borrowing. What’s next? Left coast-style IOUs?  

If that wasn’t enough, the Dems in Washington now are considering shielding banks from state laws. So much for federalism and that constitution thing. Finally, be sure to check out Michelle Malkin’s exclusive on the President Obama’s friends and their Olympic connections. Nothing like having a friend in high places lobby your case for the Olympics.

News:

Va. To borrow up to $1.27 billion for unemployment payments (Richmond Times-Dispatch)

Bolling Vows Fiscal Reform (Harrisonburg Daily News-record)

Polls find competing results for campaigns (Northern Virginia Daily)

A Tug of War For Women’s Votes in Race For Governor (Washington Post)

Holton backs Deeds; Republicans talk mental health (Richmond Times-Dispatch)

Deeds happy with Holton endorsement (Roanoke Times)

Paths diverge over budget, roads in 17th District debate (Roanoke Times)

November election voter registration deadline nears (Richmond Times-Dispatch)

5th hopeful from GOP runs for 5th (Charlottesville Daily Progress)

National News:

More thorny challenges ahead for health overhaul (AP/GOPUSA.com)

Dems debate sheilding banks from state laws (AP/GOPUSA.com)

Analysis:

Virginia’s Regional Divide on the Issues (Jennifer Agiesta/Washington Post Voices Blog)

In Virginia Culture Wars Look Very Much Alive (Stuart Rothenberg/Rothenberg Political Report Blog)

Commentary:

All The President’s Olympic Cronies (Michelle Malkin/GOPUSA.com)

Health Care and the Constitution . . . Remember that Document? (Bobby Eberle/GOPUSA.com)

Coming: The Economic “W” (Dick Morris and Eileen McGann/GOPUSA.com)

Is Disagreement With Obam Racism? (Walter E. Williams/GOPUSA.com)

Pittsburgh Protest Promoters (Brent Bozell/GOPUSA.com)

As we’ve been researching the legislative voting records of Bob McDonnell and Creigh Deeds in preparation for media interviews, we came across something rather interesting. In 1998, then Delegate Deeds voted in favor of HB 1154, a ban on partial birth abortion. That law eventually was struck down by the courts as being unconstitutional.

Then, in 2003, Senator Deeds voted against SB 1205 and HB 1541, also bans on partial birth abortion. That law was recently upheld by the U.S. Fourth Circuit Court of Appeals.

So, as a legislator, Deeds voted for a bill that was found unconstitutional and against a bill that was found constitutional. Great legal analysis by a current member of the Senate Courts of Justice Committee and someone who, should he be elected governor, will be tasked with analyzing the constitutionality of hundreds of bills that land on his desk.

STATEMENT OF DELEGATE BOB MARSHALL, PATRON OF HB 1541, DURING THE 2003 SESSION OF THE VIRGINIA GENERAL ASSEMBLY

The most fundamental purpose of government is to protect human lives. The court did that here.

It is telling that it was Virginia’s Thomas Jefferson, who criticized abortion in his Notes on Virginia, and who affirmed in the Declaration of Independence that the first natural right of persons is the right to life which comes directly from God, when he wrote that, “all men are created equal,” and that Jefferson didn’t say all men are born equal for a reason.

I wanted a law that upheld the right to life of children near birth, would expand the legal protections previously denied such children by other federal court decisions, and which would be constitutional.

Delegate Marshall concluded his statement by quoting from the concurring opinion of Judge J. Harvie Wilkerson:

The fact is that we — civilized people — are retreating to the haven of our Constitution to justify dismembering a partly born child and crushing its skull. Surely centuries hence, people will look back on this gruesome practice done in the name of fundamental law by a society of high achievement. And they will shudder.

In yesterday’s decision handed down by the U.S. Fourth Circuit Court of Appeals upholding Virginia’s ban on partial-birth abortion/infanticide, Judge J. Harvie Wilkinson had this to say in his concurring opinion:

Perhaps fine art, great invention, sustained prosperity, or enhanced longevity mark the quality of civilized life. Perhaps, I say, because there must be something more. How a society treats its most vulnerable members may do more than grandiosity to shape its lasting worth. A partially born child is among the weakest, most helpless beings in our midst and on that account exerts a special claim on our protection. So we can talk at length about facial challenges and as-applied challenges, and “standard D&E” procedures and “intact D&E” procedures, and “anatomical landmarks,” and “disarticulation,” and “fetal demise.” And we can deploy this terminology to disguise what is happening, in the name of our founding document no less.

The future, however, will not be similarly misled. The fact is that we — civilized people — are retreating to the haven of our Constitution to justify dismembering a partly born child and crushing its skull. Surely centuries hence, people will look back on this gruesome practice done in the name of fundamental law by a society of high achievement. And they will shudder.

One can only pray that he is right.

The time is here. Our moment has arrived. It’s the morning of what historians and political scientists may look back on years hence as the beginning of a new grassroots political movement that created real change. Better stated, the beginning of the restoration of the Founders’ vision, of the Constitution’s real meaning and purpose.

Are you ready to rally? Baseball season has started and the analogy is appropriate. This nation needs to make a comeback. There are 19 Tax Day Tea Parties today (click here for a Virginia list) and certainly there is one within an hour’s drive from where you live, and there are a variety of start times. Will the weather deter you? Will you stay home? Do you want to network with likeminded citizens to start a new movement?

The country and the politicians need to hear your voice and see you in action. Don’t think they will not take notice of turnout. They need to get the message that enough is enough — enough taxing, enough spending, enough borrowing and enough printing of money.

Will you send that message? Are you ready to rally?

Catching up on some reading today, I finally got to a Richmond Times-Dispatch (click here) article about the news conference more than a dozen pastors held a couple of weeks ago in support of the six Virginia state trooper chaplains who resigned rather than submit to an order to no longer pray in Jesus’ name. The article was pretty fair. No complaints there. At least not until the second to last sentence.

It was there that out of nowhere a quote from University of Richmond Law Professor Carl Tobias appeared. Here’s what was written:

Carl Tobias, a professor at the University of Richmond School of Law, defended Flaherty’s prayer decision. He was “simply following the law pronounced by the highest federal court in Virginia,” Tobias said. (Emphasis added.)

Since when do courts pronounce law? What body pronounces law in America? I ain’t no lawya, but even I know that laws are made when a legislative body passes a bill and an executive signs it. Courts, on the other hand, interpret the law.

So this law professor, who is a media darling by the way, is wrong on two counts: It’s not a court’s duty to make law. Check your constitution, professor. Furthermore, in democratic republics, no one pronounces anything. Professor Tobias, an outspoken critic of the Marriage Amendment, openly stated what most liberals try to keep on the hush — they try to get what they can’t get through elected representative bodies through unelected judges, who “pronounce” from on high what we mere folk don’t know, because these elite geniuses know better how to make us live and carry on then we do ourselves. Make sense now? Good.

Class dismissed.

The Roanoke Times editorial page has been kind enough to weigh in on this week’s decision by two judges on the Fourth Circuit to strike down Virginia’s ban on partial-birth infanticide. Big shock — they agree with the ruling.

One short line in the editorial is striking: “women still have the right to choose a pre-viability abortion.”

In fact, women have the right to a pre- or post-viability abortion in Virginia, right up until the day the baby is born. Wonder why the Times didn’t talk about that?

The law the court struck down didn’t change that “right.” Two judges with predetermined opinions on this law “decided” that the law goes too far. The judge who dissented disagreed.

Interestingly, the Roanoke editors argue that Attorney General Bob McDonnell shouldn’t appeal the decision, and if he does they argue it will be only to “serve his political ambitions.”

Last time I checked its the AG’s job to defend Virginia law. Not appealing would be to not fulfil his Constitutional duty. Then again, misreading the law and the Constitution is the one thing the Roanoke Times editors seem to do very well.

Virginia Catholic Conference Executive Director Jeff Caruso issued the following statement in reaction to the 2-1 decision to strike down Virginia’s partial-birth abortion ban by a three-judge panel of the Fourth Circuit Court of Appeals:

I cannot imagine that protecting the gruesome practice of partial-birth abortion is what our country’s Founders had in mind when they crafted our Constitution over 200 years ago. Yet, somehow two judges have found a way to declare Virginia’s ban on the procedure unconstitutional, and to thereby thwart  — at least for now  — the clear and common sense of our state’s citizens that a child who is almost entirely born should never be the victim of this brutal practice. I certainly hope a higher court will remedy the grave harm done by the 4th Circuit panel.

The Virginia Catholic Conference represents the public-policy interests of the Commonwealth’s Catholic bishops and their two dioceses. There are 633,220 registered Catholics in Virginia: 413,360 in the Diocese of Arlington and 219,860 in the Diocese of Richmond.