McDonnell Warns of 'Constitutional Crisis'

Attorney General Says Kaine Can't Spend Without Budget

Virginia Attorney General Robert F. McDonnell discusses the budget situation, urging lawmakers to pass a stopgap measure if necessary. With him are staff members Stephanie Hamlett and William C. Mims. (By Steve Helber -- Associated Press)

RICHMOND, June 8 -- Virginia Attorney General Robert F. McDonnell warned Thursday of an "unprecedented constitutional crisis" if Gov. Timothy M. Kaine instructs agencies to spend money without a state budget in place July 1.

The state's top attorney said Kaine's promise to keep government running -- repeated by the governor Thursday -- would amount to an illegal power grab, stripping the General Assembly of its constitutional duty to pass a two-year budget.

That could immediately spark a legal challenge, McDonnell (R) said, though he refused to say whether he would feel compelled to try to stop Kaine.

"I'll tell you on July 1," McDonnell told reporters.

In response, Kaine (D) repeated his pledge to keep providing government services even if lawmakers are unable to agree on a new state budget to replace the one that expires in 22 days.

"I'm going to execute the laws," Kaine said, dismissing McDonnell's legal advice as just the opinion of one of many lawyers. "I'm not going to open the prison doors. . . . I'm not going to tell state troopers not to arrest crooks. I'm going to execute the laws."

The confrontation between the two state leaders came as members of the House of Delegates and the Senate continued to work toward a breakthrough in budget negotiations that have forced a lengthy special session of the legislature.

The two sides argued for months about whether to raise taxes to pay for improvements to the state's transportation network. Several weeks ago, they agreed to delay that debate until later in the year, but they have continued to bicker over the details of the state's two-year, $72 billion spending plan.

As the budget expiration approaches, leaders in both major parties have struggled with the politics of a shutdown. A poll by House Republicans found that Virginians blamed the House and Senate equally. Democrats called the poll "cynical."

Kaine has expressed optimism while issuing executive orders allowing money to be spent and hinting that he will act boldly.

"I'm going to lay out a plan about what I will do at an appropriate time, probably 10 days to the end of the month," Kaine said. "I don't want to right now say here are all the things I'm going to do after July 1, because I don't want any legislator for one second to think, 'Okay, the pressure is off.' "

McDonnell's position, issued as an advisory opinion Thursday morning, is not binding on Kaine. The attorney general said it represents weeks of research by his staff after lawmakers asked about the limits of Kaine's power.