Posted on 02/11/2010 9:16:17 PM PST by aaronopine
In my home state of Colorado we have a little thing called the Taxpayer's Bill of Rights, or TABOR. TABOR is a ballot measure that was passed in 1992 by the citizens of Colorado to limit the State from imposing new or higher taxes on Coloradoans without the consent of the citizens via referendum (taxes can escalate based upon population growth and inflation). Herb Fenster, an attorney in Boulder, Colorado, is now suing the citizens of Colorado over TABOR claiming that it violates Article IV, section 4 of the U.S. Constitution which requires the Feds to ensure the States provide their citizens with a republican form of government. He asserts TABOR is a form of pure democracy that prevents the State legislature from performing its most important functions, "tax[ing] and spend[ing]."
(Excerpt) Read more at aaronopine.blogspot.com ...
The legislature didn't, the people of Colorado did. Now I don't love the referendum process, but Tabor has put the brakes on spending in this state.
...the U.S. Constitution mandates that it has.
Fenster also cited the U.S. Constitution but I don't know what that has to do with this State issue.
The US Constitution, in particular Article IV, Section 4, mandates the States preserve a republican form of government. The Constitution says nothing about ensuring State governments retain the right to determine tax rates. Furthermore, while tax increases must be decided by a referendum, the choice is yes (increase my taxes beyond what’s permitted in TABOR) or no. The tyranny of democracy warned about by the Founders is not applicable because a minority of voters cannot approve the referendum when it is split into only “yes” and “no”.
Mr. Fenster’s whole case is bunk. The problem is he may get an activist judge who doesn’t like TABOR either. Hopefully, it would get appealed to the Supreme Court where I’m certain they would shut him down. Challenges to TABOR have been commonplace since its inception; I’m sure this will not be the last.
The poster I was responding to says it did.
Fenster also cited the U.S. Constitution but I don't know what that has to do with this State issue.
The Constitution does address certain obligations and restrictions that the states have.
Yes, I know what you mean. After I posted it occurred to me that we, obviously, do still have a legislature and therefore a republican form of government. Transferring authority of one aspect of bureaucratic oversight doesn't amount to changing the form of government.
The tyranny of democracy warned about by the Founders is not applicable because a minority of voters cannot approve the referendum when it is split into only “yes” and “no”.
I think I know what you're getting at but it is not the minority that rules in a democratic vote.
The point about minority rules in straight democracy was addressed by Alexander Hamilton in Federalist Paper number 22 (http://www.foundingfathers.info/federalistpapers/fed22.htm). In short, the idea is that as simple majority in a pure democracy can actually be decided by a minority.
Imagine an issue or election put up for vote with 4 possible outcomes. If decided by a simple majority, then the winning outcome only needs more than 25% of the total votes cast. Therefore, decisions could be made by a minority of the total population. A republic, as defined by the founders and Constitution, minimizes this problem - mostly by virtue of the Senate but also by the system of representative government in general.
I hope to clear up the issue...
Per Article XIX of the Colorado Constitution an amendment to the Constitution of Colorado (TABOR is an amendment to Article X) is initiated in the State House or Senate, has to pass by a two-thirds majority in the House, then the Senate, then it goes to vote of the people. Therefore, TABOR was voted on by the Colorado House, Senate, and people.
The reference Fenster makes to the U.S. Constitution concerns his assertion that TABOR somehow takes away Colorado’s republican form of government (which is the requirement in the US Constitution). For his claim to be valid one must assume that the fundamental functions of a government are taxing and spending (as Fenster claims). But this is simply not true - their function is to represent the people. If they want to raise taxes they decide within the Senate and House to do so, then send it to the voters as a referendum. There is no violation of the republican form of gov’t.
Ah, I see. Still topping up with coffee here. In any case I have no doubt that you are right. The case is bunk and this Boulder lawyer is a loon.
Yes, clearly not. Thank you for your work on this. I'm afraid I know more about national politics than CO politics. That should probably be the other way around.
OK. But TABOR was a citizen initiatve. Now I am not really a fan of our 50% + 1 initiatives here, however TABOR was one of the good things.
Yes, from all I have heard, TABOR is a good thing. I'm not a fan of the 50% + 1 initiatives either. I left the state for three years and came back to find that the people of CO had voted to double tobacco taxes. Friggin' fascists! lol
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