Clear the Bench Colorado » Bill Ritter

Published by CTBC Director on 04 Feb 2010

Clear The Bench Colorado Director Matt Arnold testifies against unconstitutional “Doggy Bag Tax” enabled by Colorado Supreme Court

It’s still deja vu all over again…

Several of the unconstitutional “Dirty Dozen” tax bills previously rammed through the Colorado House(Monday) on a largely party-line vote are now up for hearings this week before the Colorado Senate.

On Wednesday, four of the “Dirty Dozen” tax increase bills came up for hearings and public testimony before the Senate Finance Committee at the Colorado Capitol (Old Supreme Court chambers):

-HB 1189 (Elimination of the state sales and use tax exemption for direct mail advertising materials)
-HB 1191 (Subjecting candy and soft drinks to the state sales and use taxes)
-HB 1194 (Eliminating sales tax exemptions for “nonessential food articles” - the “doggy bag” tax)
-HB 1196 (Elimination of tax credit for alternative fuel vehicles)

Clear The Bench Colorado Director Matt Arnold testified in opposition to these bills on constitutional grounds - since it is clear that each bill represents “a tax policy change…  resulting in a net revenue gain” and therefore, under the Colorado Constitution, requires prior approval by a vote of the people.

The following video clip is a recording of his testimony against the “Doggy Bag” tax - which is not only unconstitutional in origin, but (in the bill’s particulars) is confusing, capricious, and arbitrary in application - and will likely result in increased costs to government in the form of additional oversight, regulation, and enforcement (”Doggy Bag Police?”)

Defend your right to have a vote before being taxed - and exercise YOUR right to vote “NO” on the four ‘unjust justices’ of the Mullarkey Majority (Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your constitutional rights: your right to vote on tax increases, your right to defend your homes and business from seizure by rapacious governments, and your right to enjoy the benefits of the rule of law, instead of rule by an oligarchy of activist, agenda-driven “justices.”  Help to Support Clear The Bench Colorado with your comments (Sound Off!), your contributions, and your “NO” vote on retaining these unjust justices!

Published by CTBC Director on 04 Feb 2010

Clear The Bench Colorado Director Matt Arnold testifies against unconstitutional “Candy Tax” enabled by Colorado Supreme Court

It’s still deja vu all over again…

Several of the unconstitutional “Dirty Dozen” tax bills previously rammed through the Colorado House(Monday) on a largely party-line vote are now up for hearings this week before the Colorado Senate.

On Wednesday, four of the “Dirty Dozen” tax increase bills came up for hearings and public testimony before the Senate Finance Committee at the Colorado Capitol (Old Supreme Court chambers):

-HB 1189 (Elimination of the state sales and use tax exemption for direct mail advertising materials)
-HB 1191 (Subjecting candy and soft drinks to the state sales and use taxes)
-HB 1194 (Eliminating sales tax exemptions for “nonessential food articles” - the “doggy bag” tax)
-HB 1196 (Elimination of tax credit for alternative fuel vehicles)

Clear The Bench Colorado Director Matt Arnold testified in opposition to these bills on constitutional grounds - since it is clear that each bill represents “a tax policy change…  resulting in a net revenue gain” and therefore, under the Colorado Constitution, requires prior approval by a vote of the people.

The following video clip is a recording of his testimony against the “Candy & Soft Drink” tax - which is not only unconstitutional in origin, but (in the bill’s particulars) is confusing, capricious, and arbitrary in application - and will likely result in increased costs to government in the form of additional oversight, regulation, and enforcement (”Candy Police?”)

A particularly noteworthy exchange in this clip comes when Sen. Pat Steadman attempts to defend his characterization of the right of Colorado citizens to vote their conscience in the statewide retention elections for the Colorado Supreme Court justices on the ballot this year as “radical and disruptive.”  Apparently it’s not just your right to vote on tax increases that is troublesome to some officials…

Defend your right to have a vote before being taxed - and exercise YOUR right to vote “NO” on the four ‘unjust justices’ of the Mullarkey Majority (Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your constitutional rights: your right to vote on tax increases, your right to defend your homes and business from seizure by rapacious governments, and your right to enjoy the benefits of the rule of law, instead of rule by an oligarchy of activist, agenda-driven “justices.”  Help to Support Clear The Bench Colorado with your comments (Sound Off!), your contributions, and your “NO” vote on retaining these unjust justices!

Published by CTBC Director on 02 Feb 2010

Groundhog Day - Hearings on “Dirty Dozen” tax bills enabled by anti-constitutional Colorado Supreme Court continue Wednesday

It’s deja vu all over again…

Several of the unconstitutional “Dirty Dozen” tax bills previously rammed through the Colorado House (Monday) on a largely party-line vote are now scheduled for hearings before the Colorado Senate.

The following bills are scheduled for hearings and public testimony Wednesday before the Senate Finance Committee at the Colorado Capitol (Old Supreme Court chambers, 2nd Floor north side):

-HB 1189 (Elimination of the state sales and use tax exemption for direct mail advertising materials)
-HB 1191 (Subjecting candy and soft drinks to the state sales and use taxes)
-HB 1194 (Eliminating sales tax exemptions for “nonessential food articles” - the “doggy bag” tax)
-HB 1196 (Elimination of tax credit for alternative fuel vehicles)

Clear The Bench Colorado Director Matt Arnold will testify in opposition to these bills on constitutional grounds - since it is clear that each bill represents “a tax policy change…  resulting in a net revenue gain” and therefore, under the Colorado Constitution, requires prior approval by a vote of the people.

Please join in opposition to these stealth tax increases - being imposed on Colorado citizens without the constitutionally required prior approval by a vote of the people - either by showing up to testify, or by contacting your state Senator to register YOUR opinion.

Defend your right to have a vote before being taxed - and exercise YOUR right to vote “NO” on the four ‘unjust justices’ of the Mullarkey Majority (Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your constitutional rights: your right to vote on tax increases, your right to defend your homes and business from seizure by rapacious governments, and your right to enjoy the benefits of the rule of law, instead of rule by an oligarchy of activist, agenda-driven “justices.”  Help to Support Clear The Bench Colorado with your comments (Sound Off!), your contributions, and your “NO” vote on retaining these unjust justices!

Published by CTBC Director on 01 Feb 2010

Legislators exploit recent Colorado Supreme Court ruling to pass “Dirty Dozen” tax hike bills through Colorado House

The Colorado House today rammed through the majority of the “Dirty Dozen” stealth tax increases - by way of eliminating existing tax credits or exemptions that will adversely affect Colorado businesses, as well as Colorado ranchers and farmers, along with current employees, job-seekers, and consumers - on a mostly party-line vote following several hours of debate Monday.

Clear The Bench Colorado Director Matt Arnold testified in opposition to these bills on constitutional grounds - since it is clear that each bill represents “a tax policy change…  resulting in a net revenue gain” and therefore, under the Colorado Constitution, requires prior approval by a vote of the people.

Several legislators offered amendments to these bills, both in committee hearings and on the floor in debate, to refer the tax increases for prior approval by a vote of the people (as required under the clear letter and intent of the Taxpayer’s Bill of Rights)  or, failing that, to at least allow a referendum in opposition to the tax increases.  All were shot down, again on an overwhelmingly party-line vote.

It is increasingly clear that many legislators - supposedly elected as representatives of the people of Colorado - arrogantly deride and ignore the very citizens who are ultimately their employers, in favor of well-organized special interests constantly seeking to expand the power of government.  It is also increasingly clear that constitutional limits on government power are an essential check and balance to this constant hunger for ever more power and control over your life.  Finally, it is now abundantly clear that the supposed guardian of those constitutional limits on government power - the judicial branch, specifically the Colorado Supreme Court - has failed in its duty to uphold the Constitution and protect the citizens of Colorado from legislative abuses.

Refuse to be a victim of government abuse of power - you CAN exercise YOUR right to vote “NO” on the four ‘unjust justices’ of the Mullarkey Majority (Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your constitutional rights: your right to vote on tax increases, your right to defend your homes and business from seizure by rapacious governments, and your right to enjoy the benefits of the rule of law, instead of rule by an oligarchy of activist, agenda-driven “justices.”  Help to Support Clear The Bench Colorado with your comments (Sound Off!), your contributions, and your “NO” vote on retaining these unjust justices!

Published by CTBC Director on 30 Jan 2010

Clear The Bench Colorado Director Matt Arnold testifies against “Dirty Dozen” unconstitutional tax increases

After missing out on testifying during the first (and very extended) day of hearings on the “Dirty Dozen” tax increase bills on Wednesday/Thursday and being repeatedly interrupted and ultimately gaveled down when offering opposition testimony earlier in the morning, Clear The Bench Colorado Director Matt Arnold was finally allowed to testify in opposition to one of the final bills under consideration (House Bill 10-1199: Net Operating Loss Deduction (Ferrandino/Heath) - Limits net operating losses to $250,000 for the next three years) at nearly high noon (appropriately?) on Friday.

Following the previous experience of repeated interruptions, Director Arnold spent some time before returning to the witness chair in writing up some prepared remarks, which follow:

I rise again in opposition to yet another unconstitutional stealth tax increase under consideration by this committee.

I will not appeal to your civility - by your conduct and demeanor, it is apparent that you have none.

I will not appeal to your respect for the Colorado Constitution and your oath of office - it is apparent that you have none.

I will not appeal to your sense of shame - again, it is clear that you have none.

I will address the specifics of this particular bill - and the inevitable impacts to business that will result, as well as the clear violations of the Colorado Constitution (Article X, Section 20 - TABOR).

There can be no question but that this bill represents “a tax policy change…  resulting in a net revenue gain” and therefore, under the Colorado Constitution, requires a vote of the people.

I am acutely aware of the anti-constitutional ruling of the Colorado Supreme Court in the “Mill Levy Tax Freeze” case that put these tax credits & exemptions on the chopping block, and the interpretation of that language that some among you feel justifies this stealth attempt at increasing the tax burden on Colorado citizens and businesses.

Subsection (4)(a) [the requirement that tax increases receive prior approval by a vote of the people] must be read in conjunction with the other provisions of article X, section 20; specifically, the subsection (7) revenue limits. When read together, it becomes apparent that a “tax policy change directly causing a net tax revenue gain to any district” only requires advance voter approval when the gain exceeds one of the subsection (7) revenue limits. …

To avoid such a result, we find that a “tax policy change directly causing a net tax revenue gain” only requires voter approval when the revenue gain exceeds the limits dictated by subsection (7).

Even under this dubious interpretation, this particular bill - because it imposes additional tax increases that will fall AFTER suspension of the subsection (7) limits due to Referendum C EXPIRE - is an even more clear violation of the Taxpayer’s Bill of Rights.

39-22-504. Net operating losses. (6) (a) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, THE MAXIMUM AMOUNT OF NET OPERATING LOSS THAT A CORPORATION MAY SUBTRACT FROM FEDERAL  TAXABLE INCOME PURSUANT TO SECTION 39-22-304 (3) (g) FOR A TAX YEAR COMMENCING ON OR AFTER JANUARY 1, 2011, BUT PRIOR TO JANUARY 1, 2014, IS TWO HUNDRED FIFTY THOUSAND DOLLARS.

For that reason, you are failing in your fiduciary duty to the citizens of Colorado by attempting to pass legislation that cannot pass Constitutional muster, and WILL fall to the inevitable legal challenge - even under the expansive definitions adopted by the current Colorado Supreme Court majority.

On the business front - this bill unfairly penalizes those businesses who have toughed out the worst hits just when they might be getting on the path to recovery.  Adding additional tax burdens on businesses struggling to escape bad years will RETARD any incipient recovery, delaying their ability to create jobs and generate revenue (which will have a net negative effect on revenues for the state).

Playing semantic games about “repealing” vs. “deferring” the tax credit is disingenuous - forcing businesses to provide the government an interest-free loan is a tax by any other name - and smells just as rank.

Pretending that not having funds available NOW - opportunity costs - does not impact business is either disingenuous or shockingly ignorant of economic facts.

Businesses also rely on a certain amount of regulatory stability and generally on the rule of law - changing the rules in the middle of the game decreases investment and willingness to take risk.

This bill will not only damage businesses, but also violate the constitutional rights of Colorado citizens to exercise prior approval on tax increases.

Following my testimony, the committee members weighed in with their own statements and comments.  Rep. Cheri Gerou (R-HD35) graciously apologized on behalf of the committee for the chair’s earlier abusive conduct.  Rep. Daniel Kagan (D-HD3 by way of Great Britain) rebuked criticism of the bill on constitutional grounds and continued by lecturing on the Constitution - all while insisting “I will not enter into a debate on the Constitution” (of course not; lecturing from the rostrum is much more his style).  [Interestingly enough, Rep. Kagan - who's income is derived exclusively from overseas business holdings, presumably NOT subject to the tax increases he is proposing - seems to have a unique perspective on public-private sector relations]:

“We are operating as a collective… to provide supports to the private sector.”  ”We cannot provide them without some money - we just need a ’small slice’ of everyone’s money to provide these service. We’re in a joint venture to ensure that industry thrives.”

Rep. Judd, although on greatly improved behavior, could not seem to stop himself from interrupting on several occasions - including one in which he stated that he “would not stand… for interruptions.”  (Seems to be lacking the irony gene).

At least this time, testimony was not “gaveled closed” prior to completion.

Don’t let YOUR voice be “gaveled down” this November - you CAN exercise YOUR right to vote “NO” on the four ‘unjust justices’ of the Mullarkey Majority (Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your constitutional rights: your right to vote on tax increases, your right to defend your homes and business from seizure by rapacious governments, and your right to enjoy the benefits of the rule of law, instead of rule by an oligarchy of activist, agenda-driven “justices.”  Help to Support Clear The Bench Colorado with your comments (Sound Off!), your contributions, and your “NO” vote on retaining these unjust justices!

Published by CTBC Director on 29 Jan 2010

Friday Funnies - Clear The Bench Colorado Director Matt Arnold issues correction on “arrogant SOB” flap in House testimony

From the “any press is good press” files…

Appearing Friday morning to testify against the remaining unconstitutional stealth tax increase bills that had NOT (yet) been rammed through on a party-line vote by the Colorado House Finance Committee over the overwhelming opposition of citizens appearing en masse Wednesday/Thursday (specifically, against House Bill 1195: Suspend Agricultural Sales and Use Tax Exemption (Ferrandino/Heath)), another unconstitutional tax increase on Colorado ranchers and farmersClear The Bench Colorado Director Matt Arnold may have crossed a linguistic line in response to abusive conduct by the committee chair, Rep. Joel Judd, in a story that appeared on KMGH-7 nightly news and online:

Witness calls committee chairman an “arrogant SOB”

Responding to repeated interruptions by the chair, who ultimately did not allow the witness to get back to the specifics of the bill being heard before “gaveling down” discussion and closing testimony on the bill (with a malicious, triumphant gleam), it is true that the witness… stated: “You are a rather arrogant SOB, are you not, sir,” as he was leaving the table.

Although the use of the term “arrogant” was, if anything, an understatement (by their conduct and demeanor, Rep. Judd and others clearly do not believe that either element of the term “Civil Servant” should apply to them), the use of the term “SOB” (yes, it was the acronym) was clearly inappropriate.

Clear The Bench Colorado disavows any perceived aspersion on Rep. Judd’s parentage - such was not intended; it’s quite likely that his mother is a sweet little old lady who would be ashamed at his lack of manners and common courtesy.

Clear The Bench Colorado further apologizes to all dogs and dog-lovers throughout the state - particularly the female dogs - for inappropriately associating them with Finance Chairman Rep. Judd.  Clear The Bench Colorado recognizes the foremost qualities of canines as being both loyal & lovable - attributes clearly NOT shared by the House Finance Committee chair.

In all seriousness - it is a sad statement that the media coverage of this ‘linguistic flap’ has focused NOT on the frequently disrespectful, often abusive treatment of citizens (myself least among them) who took time from their jobs, family, and friends to come down to the state Capitol to testify against these dozen distinct assaults on their livelihood, but played up the “if it bleeds, it leads” aspect of the statement by one citizen who dared speak out against the arrogance on display.

Don’t let YOUR voice be “gaveled down” this November - you CAN exercise YOUR right to vote “NO” on the four ‘unjust justices’ of the Mullarkey Majority (Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your constitutional rights: your right to vote on tax increases, your right to defend your homes and business from seizure by rapacious governments, and your right to enjoy the benefits of the rule of law, instead of rule by an oligarchy of activist, agenda-driven “justices.”  Help to Support Clear The Bench Colorado with your comments (Sound Off!), your contributions, and your “NO” vote on retaining these unjust justices!

Published by CTBC Director on 24 Jan 2010

Did the Colorado Supreme Court declare “open season” on Colorado ranchers and farmers, too?

As the National Western Stock Show drew to a close today, many of Colorado’s ranchers and farmers in attendance were unaware that one of the guests of honor (Governor Bill Ritter), along with many in the Colorado legislature, was taking pot shots at their livelihood - aided and abetted by what amounted to a declaration of “open season” by the Colorado Supreme Court.

Although a coalition of business groups opposed to being targeted for elimination of tax credits and exemptions have already expressed concern about the impact of increasing tax burdens on struggling businesses, thus far little organized opposition appears to have coalesced against two of the thirteen (13!) tax exemptions targeted for elimination that will directly impact Colorado farmers and ranchers:

  • Suspending for three years a sales tax exemption for pesticides. ($2.9M)
  • Suspending for three years a sales-tax exemption for animal vaccines, hormones, animal drugs, bull semen and other compounds used in agriculture. ($1.5M)

Prior to last year’s notorious “Mill Levy Tax Freeze” ruling by the Colorado Supreme Court, however, these tax credits and exemptions could not have been targeted for elimination in the first place - since, under the Taxpayer’s Bill of Rights (TABOR), a “tax policy change directly causing a net tax revenue gain to any district” (whether by directly increasing taxes, or by eliminating an existing tax exemption) must first be approved by a vote of the people.

It’s no bull - you CAN exercise YOUR right to vote “NO” on the four ‘unjust justices’ of the Mullarkey Majority (Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your constitutional rights: your right to vote on tax increases, your right to defend your homes and business from seizure by rapacious governments, and your right to enjoy the benefits of the rule of law, instead of rule by an oligarchy of activist, agenda-driven “justices.”  Help to Support Clear The Bench Colorado with your comments (Sound Off!), your contributions, and your “NO” vote on retaining these unjust justices this November!

Published by CTBC Director on 31 Oct 2009

Friday Funnies Halloween Special - Chief Justice Mary Mullarkey sends Halloween Greetings

Clear The Bench Colorado welcomes you to the Halloween Special edition of the Friday Funnies - and it’s a very special edition, indeed, as Chief Justice Mary Mullarkey shows her true colors in response to the grassroots movement to restore accountability to the Colorado judiciary.

justiceofoz

Chief Justice Mullarkey’s hostility to Article X, Section 20 of the Colorado Constitution (TABOR) is no secret, as is her disdain for the constitutional rights (under TABOR and other constitutional articles) of Colorado citizens - your right to vote on tax increases and new taxes, your right to not be “tricked” by the “treat” of taxes masquerading as “fees, your right for your home or business to be safe from unjust seizure, and your right to have policy decisions made by your elected - and accountable - representatives, not unelected, activist judges.

Chief Justice Mullarkey - and her cronies and henchmen of the radical left (such as the radical left-wing group “Democratic Underground” rising up to rally around our folks in the judiciary“) - are beginning to take note of the growing, grassroots movement to hold our justices accountable to the law - the very Colorado Constitution they are sworn to uphold - and they’re beginning to lash out.

Why, just the other day I received this disturbing, scary message (I’m not sure who it’s from, but…)

My little dog, too? I mean, it’s bad enough that the Mullarkey Majority is aiding and abetting the Colorado Legislature in playing “Grinch” by imposing new “fees” on everything in sight and cutting back on canine car rides with the Colorado Car Tax - but that’s just plain mean.  We’ve got to draw the line somewhere - don’t let unjust justices make Colorado puppies sad, let’s have a Happy Halloween.

There are few things more frightening than what the Mullarkey Majority has done to the Colorado Constitution - and to your constitutional rights. Exercise your rights (while you still have them) - hold the unjust justices of the Mullarkey Majority accountable to the Colorado Constitution and the rule of law. Exercise YOUR right to vote “NO” on retaining the four unjust justices of the Mullarkey Majority (Justices Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your rights: your right to have policy decided by elected, accountable legislators (not unelected judges); your right to vote on tax increases; your right to defend your homes and business from seizure by rapacious governments; and your right to enjoy the benefits of the rule of law, not rule by activist, agenda-driven “justices.”  Support Clear The Bench Colorado with your voice (Sound Off!), your contributions, and “NO” vote on retaining these unjust justices in 2010!

Published by CTBC Director on 31 Oct 2009

Colorado Springs Gazette decries “the ol’ Bait and Switch” - Budget raiding turns fees into taxes

An alert reader (hat tip to Live Free Colorado) brought the Colorado Springs Gazette editorial criticizing the tax and “fee” ‘bait and switch’ tactics employed by the current administration - thanks to the Mullarkey Majority’s unconstitutional ruling last November - to my attention this morning.

The Taxpayer’s Bill of Rights clearly says that voters have to approve any new tax in Colorado. Many jurisdictions, including the state and Colorado Springs, have danced around this requirement by instituting fees to cover costs that should rightly be funded with taxes. This allows those governments to get what they want - and in all fairness sometimes what they need to serve the public - without the bother of asking permission. The Colorado Supreme Court has been complicit in allowing this, ruling many times that these fees aren’t really stealth taxes. That fact has unfortunately emboldened new abuses of fees, and the latest example is Gov. Bill Ritter’s August raid of the state’s fee-funded tire cleanup fund to help balance the budget.

The Gazette editorial is yet another example of what seems to be a groundswell of opinion critical of the Mullarkey Majority’s outrageous rulings - brought to the forefront by last week’s ruling usurping the power of the legislature to make policy on school funding that kicked off a virtual storm of commentary by some of the most prominent observers of political events in Colorado. (Mike Rosen’s Denver Post column Thursday, Mark Hillman’s excellent article WednesdayVince Carroll’s superb commentary Sunday, and - not least -  Independence Institute’s expert analyst on Education Policy (and frequent online commentator)  Ben DeGrow (who’s big - but “not as big as Rasmussen”) Taking on the Colorado Supreme Court last Sunday, too).

The Gazette editorial correctly calls Governor Ritter to account for resorting to ”the ol’ bait and switch” - moving funds collected by fees for a specific purpose (in this case, the tire waste fund) - into the general fund in order to “balance the budget”:

Any time a fee is imposed by government, the legislation setting up the fee provides for how the money is to be spent. A fee should address a specific issue to be addressed with that revenue. The tire waste fund comes from a $1.50 fee the state charges when you buy a new tire and leave the old one at the dealer. It is supposed to be used to subsidize tire recycling efforts in the state. The subsidy is needed because, according to a recent Denver Post report, the demand for recycled tires isn’t high enough to make recycling profitable, and Colorado has the largest stockpile of old tires in the nation. Ritter’s actions exacerbate the problem. Worse, though, his raid on the waste tire fund created what is essentially a new tax on tires.

The Colorado high court disagrees, saying, in essence, that as long as revenue from a fee goes into the fund for which it was intended, it’s still a fee, regardless of what it’s spent on. Additionally, the court says that because the revenue is already in the state coffers, it’s not new revenue if it is moved to the General Fund. Using the court’s rationale, the Legislature could charge a fee to, say, offset damage to state roads from large pickup trucks and SUVs. It could then raid that fund to pay for capital improvements or maintenance to public school buildings.

Any way you slice it, that’s underhanded and a breach of the public trust.

 The Mullarkey Majority’s semantic shenanigans - playing fast and loose with the letter of the law, the very Constitution they are sworn to support and uphold - have aided and abetted numerous underhanded, unconstitutional legislative sleights of hand and breaches of the public trust.

DON’T LET THEM GET AWAY WITH IT!  Exercise your rights (while you still have them) - hold the unjust justices of the Mullarkey Majority accountable to the Colorado Constitution and the rule of law.  Exercise YOUR right to vote “NO” on retaining the four unjust justices of the Mullarkey Majority (Justices Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your rights: your right to have policy decided by elected, accountable legislators (not unelected judges); your right to vote on tax increases; your right to defend your homes and business from seizure by rapacious governments; and your right to enjoy the benefits of the rule of law, not rule by activist, agenda-driven “justices.”  Support Clear The Bench Colorado with your voice (Sound Off!), your contributions, and “NO” vote on retaining these unjust justices in 2010!

Published by CTBC Director on 05 Sep 2009

Friday Funnies - Court Charades (or, “Know Your Courts?”)

Welcome to another edition of the Clear The Bench Colorado Friday Funnies - this week, a change of pace from the August “Dog Days of Summer” series (featuring cute & cuddly Colorado canine spokespup Nola) with a view from inside the courtroom.

Although the casual viewer may dismiss this clip as a mere farcical parody of real courtroom procedure, the judges in this sketch display about the same level of legal logic and respect for the rule of law as our own Colorado Supreme Court’s “Mullarkey Majority” in many of their recent decisions.

How else to explain the clear violation of the Colorado Constitution’s explicitly worded prohibition of tax increases without a vote of the people in the notorious “Mill Levy Tax Freeze” case just last March, justified with ridiculous re-wording, tortured terminology and semantic shenanigans?

And just as “nobody expects the Spanish Inquisition“, nobody expected - or even much noticed, at the time - the Mullarkey Court’s “November Surprise” ruling that allowed new taxes to be re-designated as “fees” in order to bypass TABOR (and that pesky requirement to allow people to have a say in tax increases).  Like the late arrival of the inquisitors in this sketch, it’s taken some time for the implications of that case to “make the scene” - but the quadrupling of the “marriage fee”, substantial increase in “vehicle registration fees” along with punitive (and unconstitutional) “late fees” due to the “FASTERColorado Car Tax, and of course Governor Ritter’s recent proposal to impose a new Gun Tax as part of his plan to “balance the budget” - are certainly torturing Colorado wallets.

Colorado, it’s time to get up out of the “comfy chair“ and exercise YOUR right to vote “NO” on retaining the four unjust justices of the Mullarkey Majority (Justices Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your constitutional rights: your right to vote on tax increases, your right to defend your homes and business from seizure by rapacious governments, and your right to enjoy the benefits of the rule of law, not rule by activist, agenda-driven “justices.”  Support Clear The Bench Colorado with your comments (Sound Off!), your contributions, and your “NO” vote on retaining these unjust justices in 2010!

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