“No man’s life, liberty, or property is safe while the legislature is in session.” - Mark Twain (1866)

Although the 2011 legislative session is now (happily) concluded and part of the history of Colorado Politics, the effects of the bills passed this session and last will continue to be felt for some time…

Case in point: the majority of the “Dirty Dozen” tax increase bills passed during the 2010 legislative session (which exploited a Colorado Supreme Court ruling to take more of your money without asking, as is required under the Colorado Constitution) remain in effect.  Although the new legislative majorities were able to repeal two of the “Dirty Dozen” tax increases this year - last month, the legislature made progress towards “Cleaning up the ‘Dirty Dozen’ tax increases” with repeal of last year’s Agriculture tax increase, HB10-1195, Suspend Ag Sales & Use Tax Exemption (Ferrandino/Heath), and downloaded software tax increase, (HB 10-1192, Sales and Use Tax of Standardized Software (Pommer/Heath) - the remaining (unconstitutional) tax increase laws passed in 2010 (such as the “Candy Tax” and - my dog’s least favorite - the “Doggy Bag Tax”) remain on the books.

The “Dirty Dozen” was the name given to a package of twelve legislative bills which sought to increase tax revenues by eliminating existing tax credits or exemptions - an end-run around the constitutional requirement (in Article X, Section 20 - colloquially known as the Taxpayer’s Bill of Rights, or TABOR) for “voter approval in advance for… any new tax, tax rate increase, or… tax policy change directly causing a net tax revenue gain to any district.”

Even going into the last days of the 2011 legislative session, it appeared that what may have been the least popular of last year’s “Dirty Dozen” tax increases, the ‘Amazon Tax’ (HB 10-1193, Sales Tax Out of State Retailers (Pommer/Heath), was also likely to be another one to bite the dust.  Since the so-called ‘Amazon Tax’ was not only in violation of the Colorado Constitution, but also infringed upon the U.S. Constitution’s 4th Amendment protections against ‘unreasonable searches and seizures’, it had been challenged (in Federal Court - in order to avoid the judicial hellhole of Colorado jurisprudence) and prevented from enforcement by court injunction, anyway.  Given that the tax isn’t being collected anyway, and continuing to defend the tax in court keeps racking up taxpayer dollars in legal expenses, repealing the bill would seem to be a no-brainer.

That proved to be true in the House, where a bill introduced to repeal and replace the tax (HB 11-1318, Notification of Use Taxes, Stephens/Schaffer) appeared to be on the fast track to passage; the ‘Amazon Tax’ repeal bill was swiftly and overwhelmingly approved (on a 58-6 bipartisan vote) in the House, but was prevented from coming to a vote (killing it via a procedural move without having to take a recorded position) by Senate President Brandon Shaffer (D-Longmont).

Sometimes, it would appear, legislative action is not sufficient to succeed in undoing previous acts of the same legislature putting one’s life, liberty, or property at risk…

NONE of the “Dirty Dozen” tax bills would have seen the light of day if not for last year’s legislature’s exploitation of a Colorado Supreme Court ruling to bypass the Colorado Constitution’s requirement to receive “voter approval in advance for… any new tax, tax rate increase, or… tax policy change directly causing a net tax revenue gain to any district.”

Clear The Bench Colorado will, with your support, continue to promote transparency and accountability in the Colorado judiciary, informing the public to increase awareness of the substantial public policy implications of an unrestrained activism and political agendas in the courts.  We will continue to work to educate voters and provide information of relevance related to the judicial branch, and to provide useful and substantive evaluations of judicial performance.

However, we can’t do it alone -  we need your continued support; via your comments (Sound Off!) and, yes, your contributions.  Freedom isn’t free -nor is it always easy to be a Citizen, not a subject.

Ultimately, though - it’s worth the effort.

“No man’s life, liberty, or property is safe while the legislature is in session.” - Mark Twain (1866)

Occasionally, however, the legislature can succeed in undoing previous acts putting one’s life, liberty, or property at risk…

State legislators made some progress this week towards repealing another one of last year’s “Dirty Dozen” tax increases (which exploited a Colorado Supreme Court ruling to take more of your money without asking, as is required under the Colorado Constitution).  Last month, the legislature made progress towards “Cleaning up the ‘Dirty Dozen’ tax increases” with repeal of last year’s Ag tax increase, HB10-1195, Suspend Ag Sales & Use Tax Exemption (Ferrandino/Heath), and downloaded software tax increase, (HB 10-1192, Sales and Use Tax of Standardized Software (Pommer/Heath)).

The “Dirty Dozen” was the name given to a package of twelve legislative bills which sought to increase tax revenues by eliminating existing tax credits or exemptions - an end-run around the constitutional requirement (in Article X, Section 20 - colloquially known as the Taxpayer’s Bill of Rights, or TABOR) for “voter approval in advance for… any new tax, tax rate increase, or… tax policy change directly causing a net tax revenue gain to any district.”

Last year’s legislative majorities (Democrats dominated both chambers of the state General Assembly) were emboldened in their assault on the constitutional rights (and wallets) of Colorado citizens by an interpretation of the Colorado Supreme Court’s ruling in the notorious “Mill Levy Tax Freeze” case (another unconstitutional tax increase, sanctioned by the court under the pretense that a rate “freeze” which collects more revenue doesn’t count as a tax increase for triggering that pesky constitutional requirement to receive “voter approval in advance”).  Solid legislative majorities, a compliant governor, and a complicit supreme court allowed them to take a bigger bite of your money without first (or ever) asking for permission.

Since the 2010 elections resulted in a shift of control of one legislative chamber (the state House of Representatives) and many members of the new majority campaigned on a promise to seek the repeal of these unconstitutional tax increases, progress towards the elimination of any one of these unconstitutional (and economy-killing) tax increases is welcome news.

The bill to repeal the ‘Amazon Tax’ (HB 11-1318, Notification of Use Taxes) co-sponsored by Reps. Amy Stephens (R-Monument) and  Sue Schaffer (D-Wheat Ridge) repeals last year’s HB 10-1193, Sales Tax Out of State Retailers (Pommer/Heath), particularly the onerous, intrusive, and unconstitutional requirement for out-of-state retailers to divulge customer information to the state, while maintaining a requirement for out-of-state retailers to notify Colorado customers of their ‘obligation’ to pay state use taxes.

While enforcement of this requirement may prove difficult from a practical standpoint (the authority of the Colorado legislature to regulate businesses from out of state may rest on rather tenuous legal grounds), it does at least remove the requirement that retailers rat your out - which gave rise to the predicted (inevitable, really) court challenge to the law.

The ‘Amazon Tax’ repeal bill was swiftly and overwhelmingly approved in the House (on a 58-6 bipartisan vote) and is scheduled to be voted on in the Senate this week, where it is likely to pass (albeit less overwhelmingly) since the ‘Amazon Tax’ law has been blocked in Federal court since January.

NONE of the “Dirty Dozen” tax bills would have seen the light of day if not for last year’s legislature’s exploitation of a Colorado Supreme Court ruling to bypass the Colorado Constitution’s requirement to receive “voter approval in advance for… any new tax, tax rate increase, or… tax policy change directly causing a net tax revenue gain to any district.”

Still, it’s good to see “another one bite the dust.”

Clear The Bench Colorado will, with your support, continue to promote transparency and accountability in the Colorado judiciary, informing the public to increase awareness of the substantial public policy implications of an unrestrained activism and political agendas in the courts.  We will continue to work to educate voters and provide information of relevance related to the judicial branch, and to provide useful and substantive evaluations of judicial performance.

However, we can’t do it alone -  we need your continued support; via your comments (Sound Off!) and, yes, your contributions.  Freedom isn’t free -nor is it always easy to be a Citizen, not a subject.

Ultimately, though - it’s worth the effort.

Clear The Bench Colorado was at the forefront of the opposition to the unconstitutional “Dirty Dozen” tax increases passed by the Colorado Legislature at the start of the session - testifying before the House and Senate Finance Committees that the tax increases were violations of the rights of Colorado citizens under the Taxpayers Bill of Rights to be consulted (by vote) before being subjected to more or higher taxes, despite an interpretation of the Colorado Supreme Court ruling in the “Mill Levy Tax Freeze” case that the requirement to ask first could be ignored.

Among the worst of the “Dirty Dozen” tax increases from both a constitutional and policy perspective was the internet sales tax (or “Amazon Tax”) House Bill 10-1193: Sales Tax Out of State Retailers (Pommer/Heath) - which not only violates the Colorado Constitution (Taxpayer’s Bill of Rights), but also the U.S. Constitution’s 4th Amendment protection against unreasonable searches & seizures, as we stated in testimony before the Colorado Senate Finance Committee prior to the bill’s passage into law:

This bill also presents a constitutional challenge of a different kind – issues of invasion of privacy. Collecting information on every online purchase of Colorado citizens in attempting to enforce this tax will justly provoke extreme outrage. It will also inevitably provoke a host of legal challenges based on 4^th Amendment protections.

Amendment 4
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

We advised the committee that constitutional challenges to this law were practically inevitable, and stood a very good chance of success, even before the frequently anti-constitutional Colorado Supreme Court.  We also advised the committee that citizens would be justifiably outraged by the intrusion into their private affairs since the only way the state could hope to enforce the tax is by obtaining detailed lists of purchases Coloradans made and invading their privacy -  as the bill contains provisions to subpoena online retailers to receive lists of purchases made by Colorado citizens.

Wednesday - brought to my attention earlier today by citizen journalist Ari Armstrong in an article published in People’s Press Collective and Free Colorado (”Business group challenges ‘Amazon Tax’“) the predicted came to pass: someone fought back in court against this unjust law.

It was announced yesterday that the Direct Marketing Association filed a lawsuit in Federal District Court in Colorado challenging the new law as unconstitutional. The DMA cited privacy violations because the new law requires companies to turn over confidential purchasing history information to the Colorado Department of Revenue. The DMA also claims the law unfairly discriminates against interstate commerce.

It’s worth noting that the challenge was filed in Federal court, not in the state courts, because the plaintiffs clearly understand that the Colorado Supreme Court has established a pattern of failing to uphold the law (as written) and that the current majority on the court would have a vested interest in striking down any challenge to the tax increase law since it relied explicitly on an interpretation of their ruling in the “Mill Levy Tax Freeze” case.  It’s a sad state of affairs when businesses and consumers cannot count on the courts in our state to uphold the rule of law.

Defend the rule of law - restore accountability to the Colorado Supreme Court, and bring back balance to the bench - by informing yourself about why the four (er, three remaining) incumbent justices of the Mullarkey Majority (Michael Bender, Alex Martinez, Nancy Rice, and soon to be minus Chief Justice Mary Mullarkey) deserve a “NO” vote in November.  Remember, they need YOUR approval to continue taking away your constitutional rights: your right to vote on tax increases, your right to defend your home or business from against eminent domain abuse, your right to fair representation in government, and your right to enjoy the benefits of the rule of law, instead of suffering under rule by activist, agenda-driven “justices.” Support Clear The Bench Colorado with your comments (Sound Off!) and your contributions - and exercise your right to vote “NO” on retaining these unjust justices on the bench for another 10-year term!

Clear The Bench Colorado was at the forefront of the opposition to the unconstitutional “Dirty Dozen” tax increases passed by the Colorado Legislature at the start of the session - testifying before the House and Senate Finance Committees that the tax increases were violations of the rights of Colorado citizens under the Taxpayers Bill of Rights to be consulted (by vote) before being subjected to more or higher taxes, despite an interpretation of the Colorado Supreme Court ruling in the “Mill Levy Tax Freeze” case that the requirement to ask first could be ignored.  In a typical example of Colorado Politics as usual, the Legislature ignored the constitutional objections and other testimony by Colorado citizens (appearing in large numbers) against the bills and hurriedly passed the new taxes into law (ramming them through SO quickly that many have already taken effect beginning March, instead of starting in July as per normal legislative practice).

Among the worst of these from a constitutional perspective was the so-called internet sales tax (or “Amazon Tax”) House Bill 10-1193: Sales Tax Out of State Retailers (Pommer/Heath) - which not only violates the Taxpayer’s Bill of Rights, but also the U.S. Constitution’s 4th Amendment protection against unreasonable searches & seizures, as Clear The Bench Colorado pointed out in testimony before the Colorado Senate Finance Committee prior to the bill’s passage into law:

This bill also presents a constitutional challenge of a different kind – issues of invasion of privacy. Collecting information on every online purchase of Colorado citizens in attempting to enforce this tax will justly provoke extreme outrage. It will also inevitably provoke a host of legal challenges based on 4^th Amendment protections.

Amendment 4
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

We advised the committee that constitutional challenges to this law were practically inevitable, and stood a very good chance of success, even before the frequently anti-constitutional Colorado Supreme Court.  We also advised the committee that citizens would be justifiably outraged by the intrusion into their private affairs since the only way the state could hope to enforce the tax is by obtaining detailed lists of purchases Coloradans made and invading their privacy -  as the bill contains provisions to subpoena online retailers to receive lists of purchases made by Colorado citizens.

Recent news about a similar situation in North Carolina has highlighted the danger to personal privacy posed by the bill:

Prior to Colorado, the New York and North Carolina state legislatures passed an “Amazon tax”, ostensibly as an attempt to close budget holes. North Carolina then went on a fishing expedition looking for lost tax revenues from the past seven years. After receiving “voluminous information about nearly 50 million items sold to North Carolina customers, including order numbers; the city, county, and zip codes to which items were shipped; transaction dates and prices; and Amazon’s standard product code for the items,” now the Tar Heel state is asking Amazon for more personal information on all its customers.

More personal information… like what exactly?

The Internet retailer says the state’s Department of Revenue is demanding the name and address “of virtually every North Carolina resident who has purchased anything from Amazon since 2003, along with records of what each customer purchased and how much they paid.

Luckily for North Carolinians, Amazon is fighting that request in the courts.

Can we be confident that our own courts will defend our rights?  Not as long as the “Mullarkey Majority” rules the Colorado Supreme Court - since they were the ones who aided and abetted this assault on your rights in the first place!

Defend your rights while you still can - exercise YOUR right to vote “NO” on the four ‘unjust justices’ of the Mullarkey Majority (Michael Bender, Alex Martinez, Nancy Rice, & Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away more of your constitutional rights: your right to vote on tax increases, your right to be safe against unreasonable search & seizure by tax collectors, your right to defend your home or business against eminent domain abuse, 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!) and your contributions - and vote “NO” on retaining these unjust justices in the November elections!

Today many Colorado citizens of all political persuasions (at least those registered with a political party) have the opportunity to make their voices heard and influence their respective party’s choice of candidates in the elections, at their county assembly. The county assemblies are the first binding votes cast leading to selection of political candidates for the general elections, and we encourage everyone to take advantage of the opportunity, whatever your party affiliation.

The county assemblies ALSO present the opportunity for citizens to speak out on matters of policy, as well as politics - by voting on resolutions to gain support within the political parties and their membership.

Clear The Bench Colorado asks citizens attending the assemblies who care about our Constitution and upholding the rule of law - be they Republican, Libertarian, Green Party, or Democrat (although it may take a bit more courage from members of the latter parties) to support the following resolution (which may vary slightly in wording) at your county assembly:

     Whereas, the rule of law must be upheld by judges who respect the Constitution and act to interpret laws as written, rather than make them by legislating from the bench and overriding the will of the people -  

      Be it Resolved that  We The People strongly advocate a “NO” vote on the retention of Colorado Supreme Court Justices Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey in the November 2010 elections, in order to restore accountability to the judiciary of Colorado.

Join Clear The Bench Colorado in returning “power to the people” - get active, get involved, raise your voice and help to restore accountability to the Colorado judiciary by exercising YOUR RIGHT to vote “NO” on the four unjust justices of the Colorado Supreme Court (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 vote on tax increases, your right to defend your home or business from seizure by government abuse of eminent domain power, and your right to enjoy the benefits of the rule of law, not rule by activist, agenda-driven “justices.”  Help to Support Clear The Bench Colorado with your voice (Sound Off!), your contributions, and your “NO” vote to remove these unjust justices on election day this November!

Tonight is the night that Colorado citizens of all political persuasions (at least those registered with a political party) have the opportunity to make their voices heard and influence their respective party’s choice of candidates in the elections, at their local precinct caucus.  The precinct caucuses are the most direct interaction that the majority of Colorado citizens have in the political process, and we encourage everyone to take advantage of the opportunity, whatever your party affiliation.

The precinct caucuses ALSO present the opportunity for citizens to speak out on matters of policy, as well as politics - by introducing resolutions at the caucuses to gain support within the political parties and their membership.

Clear The Bench Colorado asks citizens attending the caucuses who care about our Constitution and upholding the rule of law - be they Republican, Libertarian, Green Party, or Democrat (although it may take a bit more courage from members of the latter parties) to introduce the following resolution (which must be submitted in written form) at your local precinct caucus:

     Whereas, the rule of law must be upheld by judges who respect the Constitution and act to interpret laws as written, rather than make them by legislating from the bench and overriding the will of the people -  

      Be it Resolved that  We The People strongly advocate a “NO” vote on the retention of Colorado Supreme Court Justices Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey in the November 2010 elections, in order to restore accountability to the judiciary of Colorado.

Join Clear The Bench Colorado in returning “power to the people” - get active, get involved, raise your voice and help to restore accountability to the Colorado judiciary by exercising YOUR RIGHT to vote “NO” on the four unjust justices of the Colorado Supreme Court (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 vote on tax increases, your right to defend your home or business from seizure by government abuse of eminent domain power, and your right to enjoy the benefits of the rule of law, not rule by activist, agenda-driven “justices.”  Help to Support Clear The Bench Colorado with your voice (Sound Off!), your contributions, and your “NO” vote to remove these unjust justices on election day this November!

The resurgence of “We The People” in the form of local citizens banding together in grassroots civic action organizations to defend our constitutional rights is THE continuing political story of the year 2010 in America…

Clear The Bench Colorado Director Matt Arnold is both proud and humbled to have been invited as a guest speaker to several such groups over the last several months - beginning with the massive (7000+) crowd at the Tax Day Tea Party rally at the Denver Capitol and continuing through several events throughout the Spring (examples here, and here), Summer (examples here, here, and here) and Fall (examples here, here, here, here, and here) and Winter (here, and here) of 2009 - and now coming back for more in 2010!

The Grassroots Revival continues.  Clear The Bench Colorado Director Matt Arnold is speaking this morning (Saturday) at the Vail Valley 9.12 Project meeting at the Avon Branch Library starting at 10AM.

Join Clear The Bench Colorado and the Grassroots Revival in restoring “power to the people” - get active, get involved, raise your voice and help to restore accountability to the Colorado judiciary by exercising YOUR RIGHT to vote “NO” on 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 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 your “NO” vote to remove these unjust justices on election day this November!

Clear The Bench Colorado Director Matt Arnold is the featured guest speaker at the Colorado Springs Candidate Search 2010 Forum this Tuesday (9 March) at the Mr. Biggs Family Event Center (I-25 & Nevada).  Doors open to the general public at 5:00 PM for meeting and mingling, and the speeches and debates begin at 6:00 PM.

[UPDATE: Video from the event, posted by "theusrepublic" on WittySparks]

The event will also feature candidates for Colorado Governor, State Treasurer, and U.S. Senate.

This event provides an opportunity for you to learn more about the candidates asking for your vote in statewide elections this year (primaries are in August, general election is 2 November).

The grassroots, nonpartisan organizations sponsoring and hosting this event are:

Take the opportunity to learn more about why the MOST important votes you can cast in this very important election year are four “NO” votes on the unjust justices of the Mullarkey Majority on the Colorado Supreme Court - and get to know more about the candidates for those other offices, too.

Become an informed citizen; conduct your own evaluation of ANY official (including judges) asking for your vote, based on how (and whether) they follow the Constitution and uphold the rule of law.  Armed with information, Yes, 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 home and business from seizure by rapacious governments, and your right to enjoy the benefits of the rule of law, instead of suffering under rule by activist, agenda-driven “justices.”  Support Clear The Bench Colorado with your comments (Sound Off!) and your contributions - and vote “NO” on retaining these unjust justices in the upcoming November elections!

Clear The Bench Colorado Director Matt Arnold is this month’s featured speaker at the Mesa County Republican Women’s luncheon (Monday, March 6th) at the Two Rivers Convention Center, discussing the grassroots movement to restore accountability to the Colorado Supreme Court and bring back balance to the bench.

Learn more about the Mullarkey Court’s repeated assaults on the Colorado Constitution, the resulting impact to your wallet, the degradation or outright elimination of YOUR constitutional rights, and most importantly what you can do about it.

Enjoy a great luncheon, then sit back and learn more about how - and why -  you can and should 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 keep taking away your constitutional rights: your right to vote on tax increases, your right to defend your homes and business from seizure by abuse of eminent domain, and your right to enjoy the benefits of the rule of law, not rule by activist, agenda-driven Colorado Supreme Court “justices.”  Support Clear The Bench Colorado with your comments (Sound Off!), your contributions, and your “NO” vote on retaining these unjust justices in November’s elections!

Clear The Bench Colorado will be giving the opening presentation at the South Denver Candidate Search 2010 Forum this Saturday (6 March) at the Douglas County Fairgrounds in Castle Rock, CO.  Doors open to the general public at noon, and the event is scheduled to continue through 5:00 PM.

The event will also feature candidates for the Colorado House & Senate, U.S. Congress (Districts 2, 6, and 7), U.S. Senate, State Treasurer, Colorado Secretary of State, and Colorado Governor.

This event provides an opportunity for you to learn more about the candidates asking for your vote in statewide and district-specific elections this year (primaries are in August, the general election is November 2nd).

The grassroots, nonpartisan organizations sponsoring and hosting this event are:

Take the opportunity to learn more about why the MOST important votes you can cast in this very important election year are four “NO” votes on the unjust justices of the Mullarkey Majority on the Colorado Supreme Court - and get to know more about the candidates for those other offices, too.

Become an informed citizen; conduct your own evaluation of the performance of these justices, based on how (and whether) they follow the Constitution and uphold the rule of law.  Armed with information, Yes, 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 home and business from seizure by rapacious governments, and your right to enjoy the benefits of the rule of law, instead of suffering under rule by activist, agenda-driven “justices.”  Support Clear The Bench Colorado with your comments (Sound Off!) and your contributions - and vote “NO” on retaining these unjust justices in the upcoming November retention elections!