Tyranny of judicial taxation

The Washington Times ^ | 1-14-05 | Bob Barr

[JZelle]

The American Constitution may be vague on many things, but on one thing, it is clearer than Georgia dew: taxation. Even as schoolchildren, we are taught the American Revolution was, as much as anything, spurred by excessive and oppressive taxation by the King without means of redress. Consequently, our Constitution leaves no room for dispute when it comes to who has the authority to divest us of our hard-earned wages through taxation. Our cherished Guiding Document places the sole power of the purse in Congress. Indeed, when for the introduction of revenue-raising bills, only the House of Representatives — the chamber supposed to best and most closely represent the popular will — is permitted that dubious honor. Sequestering this particular power thusly, was done for a very simple reason. If the government wants to stick its hands in our pocketbooks, it better be legitimate and be democratic, or there's going to be trouble — of the Boston Tea Party variety. However, recent developments in America's very heartland — in Kansas — suggest the gathering glow of a disturbing trend in the states: taxation by judicial fiat. The Kansas Supreme Court has just ruled the state's democratically established level of education funding was inadequate, constitutionally inadequate, and ordered the legislature to cough up more dough. Though members of the state legislature argue the court decision may not mean increased taxes, the mandated increase could total up to $1 billion, requiring significant offsets. Public schools in Kansas now receive about $2.7 billion from the state — about half its budget. But concentrating on the economic aspect alone misses the point.

[JZelle]

It just keeps getting better and better!

[Brilliant]

"The Kansas Supreme Court has just ruled the state's democratically established level of education funding was inadequate, constitutionally inadequate, and ordered the legislature to cough up more dough."

The Founders said that the judiciary was inherently the least dangerous branch of government, because it was dependent on the other branches of government to enforce its orders. Now is the time to demonstrate this fact. The legislature and executive ought to simply start disregarding decisions like these. Let them try to enforce them.

[Steely eyed killer of the deep]

Mr. Barr would lose his argument before the Supreme Court. Not in principle, but in jurisdication. The US Constitution does not dictate the revenue process of the state of Kansas or limit the power of the Kansas Supreme Court to dictate such.

[sully777]

The Legislative Branch MUST IGNORE the ruling to keep its authority.

[fireforeffect]

Simple,

Take the money from the Kansas Supreme Court budjet.

[CBart95]

Simple. Barr's just another crackpot on a silly quest to joust with windmills. We've seen this silliness before. Ad nauseum.