In 1993, I went to lunch with Jim Glimore to discuss the Attorney General race.

During the lunch, I asked Gilmore how he would respond to the criticism that he was “running a campaign for Top Cop when the responsibilities of Virginia’s Attorney General had little to do with crime and criminal justice.” 

His answer couldn’t have been more direct.

He said “when I become Attorney General, it will.”

And Gilmore was dead right.

He redefined the position in the public’s mind and did so in a way that has benefitted Republicans ever since.

The Democrats have not carried an AG race since Mary Sue Terry in 1989.

The Dems seem to find it far more difficult to play the role of Top Cop effectively.

I think that Ken Cuccinelli is redefining the role of the Virginia AG once again.

He’s been in office only about a month, but he’s already taken high profile positions on two widely talked about issues.

First, the prospect of national health care reform.

This week, climate change.

In essence, the Cuccinelli Doctrine says this:

It is the job of the Virginia Attorney General to identify and counter instances where the federal government may be unconstitutionally or illegally extending authority over the states.

We have recently seen AG’s across the country take a much more visible stance on issues, using the position to raise both their in-state and national profile.

Just think about how Andrew Cuomo has operated in New York.

Cuccinelli may well be adopting a conservative version of this approach, targeting a leviathan-like federal government instead of rapacious corporations.

My sense is that the Cuccinelli Doctrine has a greater risk-reward component than Gilmore’s Top Cop definition.

Cuccinelli is likely to become even more popular with elements of the party and with conservative-leaning independents who are believe that the extensions of fedeal power need to be actively resisted.

But the Cuccinelli Doctrine will also be a target for his political opponents who will argue that his personal political agenda is undermining his role as AG.

But here’s one thing that’s certain.

Ken Cuccinelli is on his way to becoming the most visible Attorney General in our political lifetime.

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4 Comments

  1. Just FYI, you’re four years off. Gilmore was elected AG in 1993 and Governor in 1997. Mary Sue Terry was last elected AG in 1989. (and yes I realize it’s just a simple oversight)

  2. You’re right- it was 1993 and I’ll change it.

  3. [...] sure if it’s a precedent I would want to hand to revisionists, but the concept is interesting: In essence, the Cuccinelli Doctrine says [...]

  4. I applaud Cuccinelli’s stand on constitutional grounds. The federal government has been over-reaching for 100 years and it’s high time that the states put an end to it.

    Unfortunately, the Republicans may only have 1/2 the story. If Virginia’s budget woes continue then the Commonwealth risks entering the hazy world of state-wide financial default. Alternately, if the level of core services drops by a certain amount the state risks entering the equally hazy world of failing to meet constitutionally legal federal guidelines. Either way, the federal government will get the upper hand, economically speaking.

    Gov McDonnell’s pledge not to raise taxes may create a situation where Virginia becomes insolvent or non-compliant with legitimate federal law. This will require either a federal bailout or federal exemptions to required services. If that happens all of Mr. Cuccinelli’s legal heroics will go up in smoke.

    Always remember the golden rule - he who has the gold writes the rules. The fed can print money, the state can’t.

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