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TABOR to be at center of lawsuit against Colorado
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A Denver based attorney, Herbert Fenster, has declared his intention to sue the state of Colorado in Federal Court for its recognition of “the taxpayer bill of rights” (TABOR). Fenster argues the taxpayer bill of rights violates Article IV, Section 4, of the United States Constitution by allowing the general public to directly vote on tax increases. He continues to allege the unique legislation weakens the Colorado Legislature and remarks, “It is [my] view that, if the state legislature is deprived of the power to tax, it is not an effective legislative branch.”
Of course TABOR deprives the legislature of power to levy taxes without the expressed consent of the governed. In short, it grants more power to the people of the state than it does to the legislative body of Colorado. It was for this very reason the taxpayer bill of rights was adopted in the first place. Section 4 of Article IV of the United States Constitution reads, “The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence.” Fenster argues that TABOR eliminates the republican form of government here in Colorado to a point that the State is in violation. The legal excuse, by my understanding and comprehension of the Constitution and the definitions of the words involved, is weak. (I am being generous.)
To begin with, a republic (according to the Merriam-Webster dictionary) is a government in which supreme power resides in a body of citizens entitled to vote and is exercised by elected officers and representatives responsible to them and governing according to law. The taxpayer bill of rights simply ensures the Colorado citizenry more control over our government’s actions. A republican form of government is still alive and well in this state; by simple virtue of the fact that our budget, the delegation of collected funds, and the handling of public projects all reside within the power of the representative body of government. So is Fenster’s concern truly about violation of the Constitution? I doubt it.
The revocation or overturn of TABOR would be, in a way, sending Coloradoans to the despotism of an oligarchy. (not to overreact or anything.) Voter’s only recourse to the implementation of new taxes would be the ousting of elected officials with the following election. Control would transfer greatly from the governed to the governing. Fenster knows this, and seems in favor of such a transition of power to the legislative branch; going so far as to say “It most decidedly is not better to have the people at large decide questions of taxation and the reason for that is they lack the expertise to make good decisions about taxation. That's why we have legislatures.” Interpretation: “We the people” are too stupid to govern ourselves. The objective of his upcoming crusade against our ability to reject or consent taxation most likely is about putting an end to the restricted nature of our state government. The United States Constitution ensured that states would be able to govern themselves within the confines of the Constitution, and to ensure the American people power over their government on national, local, and municipal levels. It seems absurd and incomprehensible someone would use any sentence in the Constitution in an attempt to strip power from the people of a particular state and transfer it to the government.
"The state still has the power to tax, it just has to get the consent of the governed," said Douglas Bruce, the author of TABOR, in response to Fenster’s intentions. What could be more fundamental to the Liberty inherent in our Constitution? (Images of the Boston Tea Party spring to mind.) Fenster contended that the legislative branch’s most fundamental role is to implement taxes. TABOR does not eliminate this role; instead it saddles government with the dubious task of being directly responsible to the people of Colorado. A republic’s preservation rests on the ability of the people to govern themselves, with representatives legislating, not controlling.
In short, Fenster is yet another statist, who seems to see your taxpayer bill of rights as an obstacle to implement agendas the masses seemingly oppose. The will of the people is not a foreign or forbidden role in the American republic; it is in fact the foundation upon which our freedom and liberty were built.
For more information regarding the background for this piece, please click here.
If you enjoyed this article, you may consider reading the following commentaries regarding the assaults on TABOR:
Will TABOR remain safe in Colorado?
Ritter repeals limit on general-fund growth
More fees are likely for Colorado taxpayers
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