Posted on 05/19/2002 5:30:22 PM PDT by jwh_Denver
"As I understand it," stated Bryant, "Judge Patterson just said that because I live in Denver, the Bill of Rights, and the constitution of Colorado, Article II, do not protect any of my rights from the government of Denver. Is that your understanding, also?" Bryant asked. "Is the city government free to deny all the rights secured to me by the Constitution of the United States, and the constitution of Colorado, so long as they only do it here, in Denver?" Bryant questioned.
"Yes," said the city's attorney. "The Constitution has no force or effect in Denver, because this is a home rule city."
Then Denver residents needn't pay any federal (or state, for that matter) taxes, they needn't pay any Social Security withholding, or federal gasoline taxes. Nor do they need to serve in the Armed Forces if drafted. Or respect any of the regulations imposed by the federal government on land within Colorado (a sizable portion of that state, I might add).
If Colorado has indeed been exempted from Constitutional provisions, its citizens enjoy none of the protections that document accords, including the right to peaceably assemble, the right to confront witnesses and to compel testimony on their behalf, the right to be secure in their persons, etc..
I wonder if anyone else knows about this, or was this city attorney the sole privileged beneficiary of this arcane knowledge?
Well... this sucks pond water...
I don't know what it means. The city attorney apparently was the one who said this.
"The Home Rule Charter gives the City certain powers and is the constitution of the City. Amendments must be voted on by citizens. The City may include in its Charter any provisions that do not conflict with state laws or constitution. In matters of local concern, a home rule city can operate free and independent of state law. " (emphasis mine)
As a former resident of Denver, I'm oh so glad to be gone from the jurisdiction of great minds like this "attorney" and others left in the legacy of former Governor "Duty to Die" Lamm!!!!!
Is "home rule" a concept unique to Colorado? If present elsewhere and if enough people from "home rule" cities had the cajones to withhold their taxes, this brave man's conviction could be the start of something really big.
For the record, I don't live in Denver but in a burb adjacent to it. I did live in Denver for about 10 years though.
Here is a link, although I can't see anything in this that claims the constitution is superceeded.
If true, it is good news and bad news. Not only are there no income taxes in Denver, Roe V. Wade just got wiped out. But on the other hand, if they get seven elected muslims on the city council, they can implement sharia law.
Section 8. Conflicting constitutional provisions declared inapplicable.
Anything in the Constitution of this state in conflict or inconsistent with the provisions of this amendment is hereby declared to be inapplicable to the matters and things by this amendment covered and provided for.
How is it possible to disable the US Constution anywhere in the State of Colorado?
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