McDonnell Warns of 'Constitutional Crisis'

He said Kaine might attempt to operate state government with IOU's, ordering state prison guards, for example, to work with no guarantee of being paid. But he said the governor would be violating the Constitution if he directs state money to be spent.

"It is my duty to interpret the laws as they are, not as I, or others, may wish them to be," he told reporters at a morning news conference. "I know it doesn't make any practical sense. My job isn't to make a plan for July 1."

McDonnell urged lawmakers to pass a budget in the next several days. He said if that is not possible, the lawmakers should adopt a temporary spending measure much like those Congress uses when it experiences similar deadlocks. It would give Kaine the authority to continue operations for between 15 and 30 days.

"The time for action is immediate," McDonnell said.

The chief budget writers in the House and Senate said they have agreed informally that they would adopt such a continuing resolution if they cannot agree by July 1. They said, however, that McDonnell's call was premature and that they have several weeks' leeway.

"It's not a case where we will get to July 1st and the checks will bounce," said Del. Vincent F. Callahan Jr. (R-Fairfax), chairman of the House Appropriations Committee. "All of these sky-are-falling scenarios are totally inappropriate."

Kaine also dismissed McDonnell's call for a stopgap budget as premature. In his statement, he said he was aware of discussion about that idea but insisted that "there should instead be a focused and concerted effort to pass a budget bill in the next few days."

McDonnell, who observers believe is likely to run for governor in 2009, praised Kaine's desire to "find a pragmatic alternative to a disruption in state services."

But he said Article 10, Section 7, of the Constitution is clear: "No money shall be paid out of the state treasury expect in pursuance of appropriations made by law." McDonnell said other parts of the Constitution, which grant "implied" powers to the governor, do not give Kaine the broad powers he claims.

The governor, meanwhile, received fresh support for his position from University of Virginia professor A.E. Dick Howard, who helped draft the document in 1971 and has been consulting with administration attorneys. Howard argued that running government is a "core purpose" of the Constitution and that it trumps even the clear language of Article 10. "It simply cannot be the case that if July 1st comes and there's no budget, the governor has to stand by and watch the commonwealth close up shop," he said. "I certainly understand [McDonnell's] argument. I think common sense stands in the way of it."

If Kaine attempted to keep government running as normal after July 1, a member of the General Assembly could mount a legal challenge arguing that the governor had trod on legislative authority.

Del. Robert G. Marshall (R-Prince William), a conservative critic of executive power, said Thursday that he supports a continuing resolution but that he would not rule out the possibility that he would file such a suit if one is not adopted.

"If Tim Kaine wants to be a constitutional cowboy, that's his prerogative," Marshall said.