Published by CTBC Director on 23 Oct 2009
Clear The Bench Colorado Director Matt Arnold’s remarks before the RSCC hearing on TABOR, Friday 23 October
Clear The Bench Colorado Director Matt Arnold spoke today (Friday, 23 October) before a committee hearing on the Colorado Taxpayer’s Bill of Rights (TABOR) - the following is a summary of his remarks.
(Note that the following does not purport to be a word-for-word transcript; a video of the presentation will be available within a few days).
“Thank you for the opportunity to address the panel on this important subject.
A previous speaker today, Jonathan Williams, referring to the Maine initiative which mirrors TABOR, stated ”It means very little unless it’s constitutional.”
Another previous speaker, Dr. Barry Poulson, decried the “stealth erosion” of TABOR by various pieces of legislation and executive decrees.
What Dr. Poulson referred to implicitly, but did not state explicitly, was that the examples he cited of TABOR being undermined - the “Mill Levy Tax Freeze“, the Tobacco Tax, the veritable explosion of new and higher “fees” (the most notorious of which is the Colorado Car Tax), and finally, the elimination of the 6% limit on growth of general fund expenditures (Arveschoug-Bird) - were ALL made possible only through the actions of an activist, partisan Colorado Supreme Court.
ALL of these increases in taxation, and elimination of Colorado citizens’ constitutional rights, are the result of rulings by the Colorado Supreme Court - and one case that was NOT brought.
First, the “Mill Levy Tax Freeze” case not only sanctioned a law resulting in an unconstitutional increase in property taxes. Also buried in the ruling - which was briefed to the Joint Budget Committee on April 1st - was language effectively eliminating previous constitutional protections for a large list of several existing tax credits and exemptions. It was literally hours after the ruling that a new tax proposal - which eventually became HB1342, the Tobacco Tax increase - was proposed.
Hearing about this the next day, I thought that it had to be some kind of April Fool’s joke. Unfortunately, the joke was on Colorado citizens - and the punchline is likely to be replayed, over and over, next session as the legislature attempts to “balance the budget” by eliminating existing tax credits and exemptions.
The explosion of new and higher “fees” is the result of another Colorado Supreme Court decision, which effectively eliminated the distinction between taxes and “fees” for the purpose of collecting (and spending) revenue - while maintaining the loophole allowing “fees” to be imposed without a vote of the people.
The upshot of all this? Well, there’s some good news, and some bad news. The good news is that, thanks to the shreds of TABOR still in existence, the Colorado Legislature will almost certainly NOT propose any new taxes next session. The bad news is that they won’t have to - they’ll just call it a “fee“, or a “freeze“, or eliminate existing tax credits or exemptions. Sadly, your wallet won’t be able to tell the difference.
Another powerful - and extremely dangerous - implication of these Colorado Supreme Court rulings is the case that was NOT brought last year. When the General Assembly repealed the Arveschoug-Bird 6% limit on general fund spending increases (SB228), and Governor Ritter signed the bill into law, they did so with the full knowledge that they were violating the Colorado Constitution. It was well understood - documented in a legislative brief prepared by the General Assembly’s own Office of Legislative Legal Services - that Arveschoug-Bird was “incorporated” under TABOR limits, and could NOT be repealed without a vote of the people. The Legislature, and the Governor, proceeded to repeal this limit fully knowing that they were violating the Constitution because they KNEW that an activist, partisan Colorado Supreme Court actively hostile to TABOR - which is part of the Constitution that they are sworn to uphold - would “have their back.” No one bothered to challenge this blatantly unconstitutional law because the fix was in - any lawsuit would have NO prospect of success with the Mullarkey Majority in power on the Colorado Supreme Court.
This is an extremely dangerous situation - a government emboldened to act outside the law, backed by a state Supreme Court actively hostile to the very Constitution it is sworn to uphold and defend. The resultant undermining of the rule of law puts us on a very frightening path…”
We are witnessing a slow-motion coup d’etat in Colorado by the Mullarkey Majority of the Colorado Supreme Court. In disregarding the proper judicial obligation to uphold the law (NOT to make policy), the Mullarkey Court, unrestrained, is seizing more and more power. When these unjust justices rule from the bench, they really RULE from the bench…
This continuing power grab CANNOT STAND. 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 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 unjust justices in 2010!