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.
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.