Tabor unconstitutional?

23 May 2011 06:16 #1 by JMC
Tabor unconstitutional? was created by JMC
http://www.denverpost.com/ci_18118976
I thought Tabor worked pretty well

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23 May 2011 07:04 #2 by LOL
Replied by LOL on topic Tabor unconstitutional?
Tabor is fine. Tastes great, less filling! :)
What needs to change is elimination of spending mandates, not taxes. Prioritize available funds, that is their job. If higher revenues are needed, explain it to the voters, and vote on it.

If you want to be, press one. If you want not to be, press 2

Republicans are red, democrats are blue, neither of them, gives a flip about you.

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23 May 2011 07:14 #3 by bailey bud
Replied by bailey bud on topic Tabor unconstitutional?
TABOR is publicly mandated mediocrity.

I doubt its constitutionality can be challenged, successfully.

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23 May 2011 07:52 #4 by FredHayek
Replied by FredHayek on topic Tabor unconstitutional?
Just like the liberals, if they don't have the votes on their side, they will call in the courts.

Thomas Sowell: There are no solutions, just trade-offs.

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23 May 2011 07:55 #5 by JMC
Replied by JMC on topic Tabor unconstitutional?

SS109 wrote: Just like the liberals, if they don't have the votes on their side, they will call in the courts.

Almost half the plaintiffs are Republican, I thought it would just be Democrats.

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23 May 2011 10:32 #6 by FredHayek
Replied by FredHayek on topic Tabor unconstitutional?
And can't have the public actually decide issues themselves, must have the paid/bribed politicians make decisions for us instead.
And by the way, is Tabor even in effect right now? I haven't seen a refund in a long time.

Thomas Sowell: There are no solutions, just trade-offs.

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23 May 2011 11:14 #7 by PrintSmith
Replied by PrintSmith on topic Tabor unconstitutional?
It is possible to be a liberal Republican, or a conservative Democrat for that matter.

Article 2 Section 1 of the Colorado Constitution says it all:

All political power is vested in and derived from the people; all government, of right, originates from the people, is founded upon their will only, and is instituted solely for the good of the whole.

Unless the argument is that our entire state constitution is unconstitutional, I don't see how the lawsuit has a chance of succeeding. Even the national compact contains provisions for amending it outside of the federal legislature according to the desires of the governed. True, unlike the current situation in the state of Colorado, it requires more than a simple majority to accomplish, but that can be changed if the citizens of the state, in whom all political power is vested, decide by a simple majority that it should be changed from a simple majority to a 2/3 or even a 3/4 majority. We've been asked that question recently, and have decided to maintain our current system. We are a sovereign state after all, and the citizens of this state are the ones who decide how much power the state government shall hold.

Jefferson, surely the staunchest supporter ever of a republican form of government, opined that the more power the people retained over their own governance, the more republican in form the government actually became. After all, a legislature that can operate independent of direct restraint by the people is as capable of despotism as an individual person is. Elected despotism is still despotism.

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23 May 2011 11:26 #8 by PrintSmith
Replied by PrintSmith on topic Tabor unconstitutional?

SS109 wrote: And by the way, is Tabor even in effect right now? I haven't seen a refund in a long time.

Referendum C - The Tabor Timeout - expired last September, which explains the timing of the lawsuit. Given the manner in which the legislature and the executive have wasted the money we voluntarily surrendered for 5 years, the prospects of getting another timeout were all but nil, so a new way to attack TABOR had to be found. The refunds should start again in another year or two when the taxes collected start exceeding the inflation rate and the population growth of the state. Ref C had the effect of setting a new baseline upon its expiration, something that many who voted for it were unaware of when they foolishly decided to let the state government keep the excess taxes it collected for the next 5 years.

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