The Constitutionality of… Our State Constitution

Posted by on May 23 2011 | Petition Rights, PPC, TABOR

By now I’m sure you’ve heard about the lawsuit challenging the constitutionality of TABOR. Yeah, we laughed out loud too. Since this lawsuit has no chance of going anywhere, it makes me think this charade is all just a PR stunt. What better way for anti-limited government forces to get together and hurl stones at TABOR than to use the media’s giant public platform? Because once you get right down to it, this isn’t about TABOR at all. This is about trying to kill the citizens initiative process – yet again.

Our initiative process has had more attempts on its life than all the mafia dons in the Godfather series combined. Yet this new stunt attempts to undercut not just future attempts at petitioning our government, like the recent SCR-001 and HB 1072 does, it attempts to rescind all previously passed constitutional amendments as well! Because what this lawsuit is trying to prove is that having a petition process where citizens can gather signatures to put initiatives on the ballot is “direct democracy” and not “representative democracy.” In other words, our state constitution is unconstitutional.

I’m not sure the lawsuit’s proponents really understand the far reaching effect that this lawsuit could have. No TABOR. No term limits. No automatic increases in K-12 funding. No campaign finance reform. No ethics in government. No merit selection of judges. No sunshine law in government.

And those are just some of our state constitutional amendments. What about our local, municipal government amendments? Better still, if successful, this suit would invalidate all initiatives in all states. Um. Good luck guys.

Look for II to assist the State in defending TABOR and the initiative.

6 comments for now

6 Responses to “The Constitutionality of… Our State Constitution”

  1. [...] not forget that what FASTER did to taxpayers was soooo 2009. The hot new trend is to repeal TABOR through the courts. Why attempt to circumvent TABOR with accounting gimmicks and legal fictions when you can just rip [...]

    24 May 2011 at 2:51 pm

  2. [...] aside my argument that this lawsuit is not really about TABOR but more about our petition process, it’s a bit ironic that big government elites all of the [...]

    25 May 2011 at 12:18 pm

  3. [...] aside my argument that this lawsuit is not really about TABOR but more about our petition process, it’s a bit ironic that big government elites all of the [...]

    25 May 2011 at 12:46 pm

  4. [...] It is also true that this lawsuit against TABOR is purely symbolic. As I’ve stated before, this lawsuit isn’t about TABOR. It’s about our right to petition our government. What this lawsuit argues is that citizens do [...]

    27 Jul 2011 at 11:06 am

  5. [...] (TABOR). I’ve discussed earlier why this lawsuit isn’t just about bringing down TABOR. It’s about trying to bring down the whole citizen initiative process. To help the cause, the Independence Institute filed an amicus brief (friend of the court) opposing [...]

    08 Sep 2011 at 8:08 am

  6. Tabor is the answer to the entire “big government” issue, and it is surprising that our founders, in their wisdom and foresight, didn’t see how all the “factions” would eventually find a way to come together to rape the taxpayer/productive class.

    The entire free market movement should come together to get a US Const. Amendment limiting all (yes, all) government entities to inflation plus population growth, allowing no exceptions, and broken only by referendum.

    Can you put up a link to the brief?

    20 Oct 2011 at 6:45 am

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