The Constitution’s framers understood the vital importance of a balance of power. They concluded the Bill of Rights with the 10th Amendment to ensure that the states would remain sovereign entities, not mere administrative subdivisions of the federal government. This is not some abstract legal theory. It is the bedrock of our liberty. 

The recent deployment of United States military and federal law enforcement into Washington D.C. and other local jurisdictions, and the unilateral assumption of control over matters traditionally handled by local police, raises fundamental questions about this balance. The potential for federal agents, with different training and legal mandates, to operate within our borders without the consent or even the knowledge of our state leadership is a deeply unsettling prospect.

Virginia lawmakers, on both sides of the aisle, have a responsibility to our constituents to protect the sovereignty of the Commonwealth. This is not about partisanship, it’s about the very structure of our republic. We all have a duty to challenge government actions that overstep constitutional bounds. The Attorney General of Virginia, as the chief legal representative of the Commonwealth, has the ability to file lawsuits in federal court to challenge unconstitutional federal actions that harm the interests of our people, a key bulwark against federal overreach.  Yet as President Trump invokes emergency powers without any justification, the response from the top legal officer of the Commonwealth has been deafening silence. 

It seems our current Attorney General, Jason Miyares, is more concerned with auditioning for a different job than fighting for the people of Virginia. When the federal government oversteps its authority, our Attorney General should be the first to raise a legal challenge, not the last. Virginians deserve a defender, not an appeaser. We should be angry. We should demand better.  The silence from our Attorney General is not just a policy failure; it is a moral one. We are in a moment that the Constitution was designed to prevent, but the Constitution is a fortress – it is only as strong as the people who choose to defend it. 

We should be using every legal tool at our disposal to ensure that the federal government adheres to the constitutional limits on its power. We must also continue to scrutinize and, if necessary, litigate against any attempts to use federal funding as a coercive lever to force our commonwealth to adopt policies that are not in the best interest of our citizens. 

Let’s be clear: this is not about political parties. It is about the fundamental integrity of our democratic institutions. When a state’s top legal officer hesitates to challenge an unconstitutional expansion of power, they are failing in their most basic duty.  The people of Virginia have placed their trust in us to defend their rights and their way of life. That trust extends to a promise that we will not stand idly by while the federal government erodes the very principles that make our Commonwealth and our country great. Our streets, our laws, and our communities are our responsibility. 

This is a time for leaders with courage, who understand that their primary allegiance is to the citizens of the Commonwealth and the Constitution, not to personal ambition or political convenience. The legacy of our state—the legacy of Washington, Jefferson, and Madison—is one of fierce independence and a refusal to cede power to a tyrant without a fight. Our current Attorney General has refused to step into the ring to fight for us, and Virginians should remember that in November.