Posted on 04/26/2005 3:17:27 PM PDT by truth49
The Democratic controlled 2005 legislative session will definitely not be remembered as one that respected the will of the people. In just four short months of one-party control in Olympia, Democrats managed to amend no less than four initiatives passed by the people. Averaging one altered people's initiative a month, it's a good thing session ended when it did.
Left by the wayside of the Democrats' 2005 tax-and-spend express are Initiatives134, I-402, the promises of I-728 (I-884), and the granddaddy of them all—I-601.
Passed in 1992, I-134 was the people's attempt to reign in the campaign contributions of corporations and unions. When the state was allowing unions to violate the limits established by I-134, the Supreme Court stepped in and told the state to follow the law. In response, Democrats passed a law making the union's violations of I-134 legal. Democrats also added an emergency clause to their changes denying the people the right of referendum.
Then there's I-402 passed by the people in 1981. I-402 eliminated the state's death (estate) tax establishing only a pick up tax tied to the federal rate. This allowed the state to collect death taxes, but only for those dollars that could be credited against the federal tax. When the federal government began to phase out the death tax in 2002, the state of Washington continued to collect the tax in violation of I-402. The Supreme Court invalidated the state's actions, upholding I-402. To keep this tax in place, Democrats passed a new death tax separate from the federal rate. Democrats also added an emergency clause to their changes denying the people the right of referendum.
In 2000, the state flush with a billion dollar budget surplus and with promises from then Governor Locke that no taxes would need to be raised and the budget would not be harmed, the people passed I-728 to reduce class sizes. Unfortunately the surpluses disappeared and the budget was harmed, leading to the suspension of I-728 by the legislature. The people were asked last year to approve I-884 to raise taxes to pay for I-728 (and other education provisions), but rejected I-884 by a 2-1 margin. Even without the vote on I-884, does anyone really believe the voters would have approved I-728 if it included a $600 million tax increase? Despite this, Democrats this year overrode I-402 to “earmark” the new death tax to pay for part of I-728.
But none of the Democrats' tax increases this year would have been possible without their most audacious refusal to follow the will of the people—gutting I-601.
Passed in 1993 in response to the largest tax increase in state history, the voter-approved I-601 spending limit sought to reign in the growth of government spending and require a 2/3 vote approval for the legislature to raise taxes. Even though I-601 required the 2/3 vote threshold for tax increases, because more than two years had passed since its approval, only a simple majority of legislators was needed to change I-601's provisions. And change it they did.
SB 6078 was passed on April 15 (the date federal income taxes were due) by the House, by the Senate on April 16, and signed into law by the Governor on April 18, allowing the Democrats to raise taxes with a simple majority vote. SB 6078 also redefined the original I-601 spending limit growth factor to a more generous formula to allow state spending to grow at a faster pace than previously authorized. Democrats made this change while also adding an emergency clause to deny the people the right of referendum.
Earlier this year at a House Appropriations hearing on the proposed changes to I-601, Rep. Jim McIntire (D) asked supporters of I-601's 2/3 supermajority requirement for the legislature to raise taxes the following question:
"Both of you oppose the removal of the supermajority requirement [for tax increases]. Can you name a time when we [legislators] have actually not just set it [supermajority requirement] aside by majority vote? I mean, this is in many respects a procedural motion that has no bearing. It's a statutory constraint that cannot constrain any legislature that chooses as a majority to set it aside . . . have we ever used a supermajority [to raise taxes]?"
This sentiment underscores the Democrats' inability to follow the will of the people this session. Just because you can override a law written by the people doesn't mean you should. We don't elect legislators to patronize us, we elect them to implement our will. Gutting the laws we vote on and approve is not a good way to be representative of our will.
Besides, the Democrats' gutting of I-601 was totally unnecessary. They were not prevented from raising taxes and spending at any level they wanted, but, under the law, the people were to be given the opportunity to approve expenditures in excess of the spending limit. By altering I-601 and placing an emergency clause on the changes, Democrats collectively told the people “we know what's best and you need to get out of our way.”
With Democrats altering four voter-approved initiatives in four months, they're in need of a serious reminder of the state's Constitution.
“All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights.” — Article 1, Section 1
Of course, altering the state's Constitution to remove the people's power may be what they have in store as an encore for next session. After all, who has time as an elected official to be bothered with the will of the people?
Jason Mercier served as an advisor to the 2002 Washington State Tax Structure Committee and is often consulted by media outlets and legislative staff for issue briefs or policy analysis. He is the author or co-author of numerous policy highlighters and in-brief reports. His editorials have appeared in newspapers and magazines including The Washington Post and on FoxNews.com. Jason received a B.A. in Political Science from Washington State University.
The exact same thing is going on in Maine, the democratic legislature and liberal governor have overturned 2 prior referendums against gay rights by passing a law that goes against that popular sentiment. Plus, the spend and spend crowd plans on issuing $450 million in debt to cover operating expenses. Although popular approval is required for new state debt issues, the loopy left is doing everything they can to keep this new debt off the ballot.
It seems to me, the more they mire the government in debt, the more oppressed the population feels, the more influence socialism will have...not a good sign.
"This sentiment underscores the Democrats' inability to follow the will of the people this session. Just because you can override a law written by the people doesn't mean you should. We don't elect legislators to patronize us, we elect them to implement our will. Gutting the laws we vote on and approve is not a good way to be representative of our will."
this is because those we elect don't work for us they work for the lobbyist and special interest groups....follow the money.
Who the f-ck do these jackasses think they are, the English Monarchy back in the 1700's? And what nation do they think this is? THIS REMOVAL OF OUR RIGHTS NEEDS TO BE THE TOP NEWS STORY UNTIL EVERYONE HERE KNOWS WHAT THE RATS HAVE DONE!!!!
Olympia needs to have a "Tea Party"!!!
This is the kind of governmental activity that we can't leave standing, and we can't litigate it away. The masses with the pitchforks and torches need to be summoned to bring the fear back into the hearts of any legislator who would so flagrantly violate our rights. In colonial times, this would require the tar and feathers. Removing the Right of Referendum is the equivalent of removing any recourse for the people. IOW: Law by Decree. Bullshit. (Excuse my language, but this spiked my BP to the max!)
amen.
Thanks for posting this. Damn, I'm so angry I'd like to.......
Whenever a legislature "removes the RIGHT" of the people, doesn't that violate the state's Constitution? Doesn't that in turn violate the legislature's oath of office? Isn't that a crime?
Malfeasance of office, all the way around - RECALL!!! All of them should be brought before a jury of "We the People" - after all, THEY ARE OUR "EMPLOYEES" NOT "RULERS"!!!
years ago, Senator Gorton, not my favorite by any means, but at least a republican, lost a very close election by 2-3 thousand votes in a very suspicious manner...it was the provisional votes from King county that did him in.....
and now we know that the King Co Democrat control electioneers counted provisional ballots before absentee ballots, thus not even checking their vericity...
of course, they brought all their indigents and their wimpy college students in to cast those ballots, IMO.....
when you see a wrong, you must challenge it....if Gorton had done that then, perhaps we wouldn't be saddled with this insanity now.....
www.soundpolitics.com
BTTT
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