Michael Roberts
Defending the Constitution – Why 9/11 still matters today (reprise)
At the conclusion of a tremendously busy week, during which my time has been consumed with an extraordinary number of interviews, comments, and correspondence related to Governor Ritter’s selection of Deputy Attorney General Monica Marquez to become Colorado’s next supreme court justice (replacing outgoing Chief Justice Mary Mullarkey, who announced in June that she would resign rather than be held accountable by voters this November) while at the same time preparing for my next military training event, my thought turned to that fateful day 9 years ago (which seems so far away, and yet so indelibly etched on my memory that it could be yesterday) when our nation was attacked – from within our borders, although the ultimate source was from abroad.
Struggling (in my somewhat exhausted state) to come up with something appropriate and fitting to write, I ended up looking back at what I’d written on this date last year.
I can’t improve upon what I wrote then – so I’m reprising my 9/11 commemoration from a year ago: it remains startlingly relevant.
Defending the Constitution – Why 9/11 still matters today
Clear The Bench Colorado joins millions of Americans across the country in somber remembrance of the 9/11 attacks on our nation.
What does this have to do with holding our Colorado Supreme Court justices accountable to the rule of law and the Colorado Constitution? Quite a lot, actually…
As a proud veteran of the U.S. military (including service in the Colorado Army National Guard), I take my oath of enlistment – “I will support and defend the Constitution of the United States and the State of Colorado [emphasis added] against all enemies, foreign and domestic” - seriously; very seriously.
Many of our elected (and unelected) officials seem to have a much more cavalier attitude towards their own oath of office.
Colorado Supreme Court justices also swear an oath, similar to mine, on taking office, which begins: “I will support the Constitution of the United States and the Constitution of the State of Colorado.”
Note that the judicial oath of office does not state “I will support only those parts of the Constitution that I like or with which I personally agree or empathize.”
Yet the Mullarkey Court has consistently ruled against the Colorado Constitution’s Article X, Section 20 (TABOR) in every case it has heard – despite the clear intent and letter of the law that “[i]ts preferred interpretation shall reasonably restrain most the growth of government.”
The Mullarkey Majority (Justices Michael Bender, Alex Martinez, Nancy Rice, Chief Justice Mary Mullarkey) are oathbreakers – and dishonor the service of the men and women of the United States military and law enforcement agencies who put their lives on the line to support and defend our Constitution. They have proven themselves unworthy of the high office they occupy, and must NOT be retained in that office following the November 2010 elections. Vote “NO” on these unjust justices!
Another important lesson of 9/11 is that individuals matter – and fighting to defend your rights, and your lives, is the only way to preserve your rights (and your life, in extremis) when under attack. The true heroes of that day were not only the firefighters but also the ordinary citizens who acted to save lives – and the brave passengers on Flight 93 who fought back against the hijackers on the 4th plane and died not as victims, but as American heroes.
We can no longer be under any illusion – as the passengers on Flight 93 discovered – that our rights and lives are NOT under attack; we are threatened by enemies both foreign and domestic. The nature of the threat (and appropriate response) is different, but the need to take action, to defend your rights – remains the same.
Freedom isn’t Free... Exercise your right to vote “NO” this November on the four (er, three remaining) ‘unjust justices’ of the Colorado Supreme Court’s “Mullarkey Majority” (incumbent Justices Michael Bender, Alex Martinez, and Nancy Rice; soon minus ringleader Chief Justice Mary Mullarkey) needing YOUR approval to continue taking away your constitutional rights: your right to vote on tax increases, your right to defend your home or business against seizure via eminent domain abuse, your right to be fairly represented in the legislature and Congress, 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 contributions – and exercise your right to vote “NO” on giving these unjust justices another 10-year term!
Friday Funnies: Sick Puppies at Pols, Barry takes my bet – reaction to Monica Marquez pick for Colorado Supreme Court
Reaction to Governor Ritter’s selection of Deputy Attorney General Monica Marquez to become Colorado’s next supreme court justice (replacing outgoing Chief Justice Mary Mullarkey, who announced in June that she would resign rather than be held accountable by voters this November) and concerns expressed by Clear The Bench Colorado regarding her positions on important constitutional questions ( Marquez advocated in favor of the 2003 judicial takeover of legislative redistricting authority in the Salazar v. Davidson redistricting case, argued that “fees” are not taxes in the Barber v. Ritter case (which led to the 2009 Colorado Car Tax – er, vehicle registration “fee” – increases), has sought to restrict the 1st Amendment rights of citizens seeking to speak out on ballot issues in recent and ongoing cases, and is also the lead attorney in yet another attempt to impose an unconstitutional tax increase on Colorado Citizens) ranged from the superficial (short spots on most local television: CBS4, KDVR31) to the basic (“Ritter picks Monica Marquez for Colorado Supreme Court“, Denver Post) to the informative (“Monica Marquez Supreme Court selection disappoints Clear the Bench’s Matt Arnold“, Westword) to the predictably shrill and misleading (left-wing propaganda outlet Colorado “not-so” Independent accusing CTBC of a “diatribe” against Marquez and making up non-existent “attacks on her ethnicity or sexual orientation” – the last refuge of scoundrels: playing the race and sex card).
It took the juvenile minds (er, mouths) at Colorado Pols, though, to come completely unhinged in their response. Going off the deep end and reaching a new low in rabid incoherence, the puerile Pols piece (“Clear the Bench” Blows the Dog Whistle – does that make sense to anyone sentient?) perceived a “code-word reference” in the Clear The Bench Colorado critique of Marquez’ positions on constitutional interpretation and exclusively advocacy-based career path. (Code words? Can they even perceive how fringe and paranoid that sounds?) Attempting to sling mud (er, doggie droppings) by insinuating “just beneath the surface, you can see it’s a bit ugly” makes them look like – well, a bunch of sick puppies.
On a more humorous (and uplifting) note – among the many calls I fielded for interviews yesterday was a lengthy and wide-ranging chat with Colorado Springs Gazette house liberal Barry Noreen (at the end of our conversation, I told him that he’s really a closet libertarian in many respects, which got a chuckle). I’m curious to see what he ends up writing, since we wandered off-topic a bit; I think that he was trying to get a sense of what drives me personally (and motivates Clear The Bench Colorado). No decoder ring necessary – it’s about upholding and defending constitutional principles and the rule of law. He did end up taking my bet (offered in response to an earlier, and more adversarial, critique he had mailed, when he asserted “these justices will be retained with ease”). Our bet: if any of the Colorado Supreme Court justices on the ballot is non-retained, or squeaks by with 60% or less of the total vote, I win; otherwise, he wins. (The stakes: a six-pack of beer, winner’s choice).
Looking forward to enjoying some beer on Barry, after November 2nd – and it won’t be the cheap stuff. ;-)
Colorado voters have the chance to make history, stand up in defense of our constitutional rights (and don’t forget, get Barry to buy me beer) this year. Exercise your right to vote “NO” this November on the four (er, three remaining) ‘unjust justices’ of the Colorado Supreme Court’s “Mullarkey Majority”- (Justices Michael Bender, Alex Martinez, and Nancy Rice; soon minus ringleader 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 or business against seizure via eminent domain abuse, your right to be fairly represented in the legislature and Congress, 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 contributions – and exercise your right to vote “NO” on giving these unjust justices another 10-year term!
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!
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!
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!
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!
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 farmers, Clear 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!
Legislators exploit recent Colorado Supreme Court ruling to push “Dirty Dozen” tax hike bills
The Colorado Legislature received public testimony yesterday (continuing into today) – overwhelmingly in opposition – to the “Dirty Dozen” stealth tax hike bills exploiting a recent Colorado Supreme Court ruling to avoid the TABOR requirement that tax increases receive prior approval by a vote of the people.
It was readily apparent from the tone of the committee majority’s remarks to, and treatment of, ordinary citizens who came to register their opposition that the representatives were not interested in listening to their constituents but appeared set on rushing through testimony and proceeding rapidly to a vote.
The answer to the question “Will Colorado Dems Ram Through Dirty Dozen Business Tax Hike Bills?” is clearly ”Yes.”
Clear The Bench Colorado Director Matt Arnold signed up to testify against 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.
Unfortunately, due to a previously scheduled engagement, I had to leave before being called to testify on any of the bills up for discussion Wednesday – and couldn’t get word on how long the hearings continued, well into the night (and early morning) and so didn’t make the long drive back to the Capitol. However, hearings are set to resume Friday, and I’ll again make the trip to speak out in opposition to these unconstitutional tax increases – please join me if possible.
Meanwhile, some excerpts from the testimony delivered Wednesday before departing are illuminating:
An objection to the “public peace, health, & safety” tag on the “Dirty Dozen” stealth tax increases (how does a tax increase on direct mail impact public health, peace, & safety?) was justified (?) by Rep. Pommer with the simple declaration that ”we need the money – it’s a last-ditch attempt to increase revenues to address our budget shortfall.”
Responding to another amendment offered, attempting to refert the tax increases to a vote of the people (as required under the Colorado Constitution, Taxpayer’s Bill of Rights) the committee responded by denying the constitutional restrictions, declaring ”We need the money now!“
Representative Pommer (?) speaking in favor of imposing new stealth tax increase on Online Sales for out-of-state retailers: “Since we have no way of knowing how much people are buying, if the online retailer isn’t collecting the tax, we’ll require them to provide us information on individuals making online purchases – what & how much they buy.” Um - Wow! No privacy issues there!
The bottom line: these stealth tax increases will not only damage businesses and harm consumers, but also violate the constitutional rights of Colorado citizens to first have a vote on taxes… By all means, oppose the legislature in taking these actions, but also remember how they were aided and abetted by an out-of-control Colorado Supreme Court ripping open a loophole in the Colorado Constitution and the Taxpayer’s Bill of Rights.
Exercise YOUR right to vote “NO” on the four ‘unjust justices’ of the Mullarkey Majority on this year’s ballot (Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey). They 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!
Yet another partisan spin on recent statement by AG Suthers that he will vote “NO” on 3 Colorado Supreme Court justices
Just when it appeared that the attempts to spin the recent statement by Attorney General John Suthers that he would vote “NO” on retaining 3 of the 4 Colorado Supreme Court justices on the ballot this year (Justices Michael Bender, Alex Martinez, and Chief Justice Mary Mullarkey) had finally run their course, yet another left-wing blog (titled, appropriately, Left Turn) attacked Suthers for having the temerity to speak his mind about our activist state Supreme Court. The blog asserted:
Suthers’ statement aligns him with the conservative action group Clear the Bench Colorado, an organization dedicating ousting the four justices up for re-election in November. Its website describes our Supreme Court as “the most partisan in the nation” and the TABOR amendment is the second resource listed on its references page.
Although it is certainly true that “[w]hen the highest-ranking law enforcement official in the state says he thinks the highest justices in our state are not worthy of continuing in office, that’s big news,” and we appreciate that greater attention is now being paid to the very important and serious issue of the Colorado Supreme Court judicial retention elections in November 2010, Clear The Bench Colorado did not take the AG’s statement as an endorsement (although he is certainly free to do so).
It is also telling that the blog’s listing of TABOR as “the second resource listed on its references page” is somehow meant to be a damning indictment of Clear The Bench Colorado – since TABOR is, after all, part of the Colorado Constitution that our state Supreme Court justices are sworn to uphold (which, by the way, is the FIRST reference listed).
Our response to the article (which has not yet been published on their site) follows:
The statement by Attorney General Suthers – criticizing 3 of the 4 sitting Colorado Supreme Court justices facing retention on principled grounds – brought increased attention to an extremely important issue. For too long, the statewide retention elections on our state Supreme Court justices have been a mere rubber-stamp, instead of providing the opportunity for Colorado citizens to “judge the judges” based on their adherence to the Colorado Constitution, which they are sworn to uphold.
The Colorado Constitution, by the way, is the FIRST reference listed on the Clear The Bench Colorado Resources & References page – the TABOR amendment to the Colorado Constitution is listed second. Although it is unfortunate that the Attorney General has apparently bowed to political pressure, he has been on record numerous times criticizing the decisions of the current Colorado Supreme Court majority on constitutional grounds – his recent statement that he would draw the obvious conclusion and vote against retention of anti-constitutional justices should NOT come as a great surprise.
Indeed, what IS surprising (and disappointing) is that more attorneys have not exercised their “societal duty to criticize the courts” where they are wrong – which is why it apparently takes a non-lawyer (and Soldier) to lead the fight for YOUR constitutional rights. Learn more about YOUR right to vote on these ‘unjust justices’ – and why your vote should be “NO” on retention this November – at the Clear The Bench Colorado website.
Exercise YOUR right to vote “NO” on the four ‘unjust justices’ of the Mullarkey Majority on this year’s ballot (Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey). They 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!
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!