The following article was written in the week immediately following the Denver Post editorial calling me a skunk (on 9/11), so I had a little fun riffing on the olfactory theme.  It was originally published (in slightly modified format, cutting the opening quote for space) in The Constitutionalist Today monthly newspaper (October “Elites Unmasked” edition, p.25).

Silent But Deadly:

How Judicial Despots Have Quietly Seized Power in Colorado

(and what you can do about it)

“At the establishment of our constitutions, the judiciary bodies were supposed to be the most helpless and harmless members of the government. Experience, however, soon showed in what way they were to become the most dangerous; that the insufficiency of the means provided for their removal gave them a freehold and irresponsibility in office; that their decisions, seeming to concern individual suitors only, pass silent and unheeded by the public at large; that these decisions, nevertheless, become law by precedent, sapping, by little and little, the foundations of the constitution, and working its change by construction, before any one has perceived that that invisible and helpless worm has been busily employed in consuming its substance.” (Thomas Jefferson; emphasis added)

The heretofore largely invisible but (alas!) not so helpless “worms” of the Colorado Supreme Court have indeed been “busily employed in consuming” the substance of our Constitution, setting aside the clear letter of the law in favor of imposing their personal political agenda.

In an increasingly flagrant series of rulings - beginning with the judicial takeover of legislative authority over congressional redistricting in the notorious 2003 Salazar v. Davidson case (in which the Colorado Supreme Court’s ruling majority effectively declared themselves part of the General Assembly in order to justify the judicial power grab) - the Mullarkey Majority on the court has steadily expanded its claim to power and authority over ALL state policy questions,

“gaining a little today and a little tomorrow, and advancing its noiseless step like a thief, over the field of jurisdiction, until all shall be usurped.”  (Thomas Jefferson)

The Mullarkey Court has eroded individual property rights (the “Telluride Land Grab” case); violated the constitutional rights of Colorado Citizens to have a say over increased tax burdens (first by allowing a tax increase by calling it a “fee” - such as the Colorado Car Tax - in the 2008 Barber v. Ritter case, then aiding and abetting additional unconstitutional tax increases via the subterfuge of calling them a “rate freeze” (the 2009 “Mill Levy Tax Freeze” case) or an “elimination of existing tax credits or exemptions” - the 2010 “Dirty Dozen” tax increases); and more recently (October 2009) declared that unelected judges (not elected school boards or state legislators, exercising constitutional budgeting authority) have the final say on school funding.

This Supreme Court recognizes no limits on its power.  THIS majority has arrogated to itself the ultimate power to decide all questions - legislative, executive, or judicial - in the state.  For them, THEIR WORD IS LAW - according to them, the Constitution is what THEY say it is.  They do not recognize a standard, or limit.

“The Constitution…is a mere thing of wax in the hands of the judiciary which they may twist and shape into any form they please.” –Thomas Jefferson

The Mullarkey Majority’s rulings have reeked of judicial activism (pushing a personal agenda, not upholding the law) for years.  This is not merely a partisan issue; former Democrat governor Dick Lamm characterized a 2006 Colorado Supreme Court ruling as

“a matter of raw, naked, arbitrary political power on the part of the court. In a decision that does not reflect legal reasoning but instead a political agenda, four members of the Colorado Supreme Court decided not to let Coloradans vote on this issue. Their action was unprincipled, unjust, unfair and unjustified.” (”Politicians in Black Robes,” by Dick Lamm, in a Denver Post guest commentary 16 June 2006)

The legal establishment special-interest groups (led by the Colorado Bar Association, COBAR) have joined together in an odoriferous association to boost their buddies on the bench by recently launching an “education” campaign (electioneering without using the “magic words” of “vote yes” or “vote NO”) to prop up incumbent judges and justices.  Combined, these special interests are spending hundreds of thousands of dollars in television, radio, and print ads providing “nonpartisan information about the performance of judges seeking retention” that, curiously, ALL supports a “retain” vote.  “Education” campaign?  It doesn’t pass the “smell” test…

More than a whiff of corruption and the stink of a serious conflict of interest adheres to these special interests lobbying on behalf of the judges before whom they “practice” law.

These “politicians in black robes” have been able to get away with their “silent but deadly” takeover of political power and authority (and serial violations of the rights of Colorado Citizens) by operating outside of public view (Jefferson’s “invisible worms” analogy).

Sunshine is the best disinfectant. By shining the light of day on the serial transgressions of our judicial incumbents (three of whom - Michael Bender, Alex Martinez, and Nancy Rice - are seeking an additional 10-year term in office) and educating voters on our right to hold these ‘unjust justices’ accountable at the ballot box this November, we can clean up our judiciary.

We The People CAN exercise our right to hold these unelected officials accountable.

No more stench from the bench!

This year, “NO” your judges - let’s Clear The Bench, Colorado!

Matt Arnold (info@clearthebenchcolorado.org) is the founder and executive director of Clear The Bench Colorado, an organization working to restore accountability to the judicial branch (particularly the state Supreme Court) in Colorado.  For more information, visit Clear The Bench Colorado. (Despite being called a “skunk” by the Denver Post editorial board on 9/11, this Army veteran of service in Afghanistan and other out-of-state deployments has maintained his good spirits and sense of humor).

Become an informed voter; 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 (er, now three) ‘unjust justices’ of the Mullarkey Majority (Michael Bender, Alex Martinez, Nancy Rice, and soon to be minus 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 abuse of eminent domain, and your right to enjoy the benefits of the rule of law, instead of 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 November elections!

As we celebrate the anniversary of our nation’s founding on this 4th of July - our Independence Day - Clear The Bench Colorado salutes the ideals and principles that make the Unites States of America the greatest nation on earth.

The following article was written for and originally appeared in the July (”Let Freedom Ring!“) edition of The Constitutionalist Today - a monthly journal standing for the ideals and principles of the nation’s founding, appearing in print throughout Colorado as well as online, and well worth reading.

A Nation of Citizens - Not Subjects

As We The People celebrate the 234th anniversary of our Declaration of Independence this year - entering our 235^th year as a nation - it is worth reflecting on that truly groundbreaking document and the unique, truly exceptional experiment in human governance represented by our founding documents and forming the very essence of the United States of America.

For the first time in human history - acknowledging the historical antecedents in Greek democracy and the Roman Republic, but nonetheless a radical departure from all that had come before - a nation was founded based on the principle of individual, unalienable rights, and putting government in its proper place of being the servant, not the master:

“We hold these Truths to be self-evident, that all Men are created equal…”

Equality not of individual skill or ability, not station (or “class”) in life, not of achievement - but equality in rights before the law - unalienable rights, meaning rights that government does not have the authority to arbitrarily take away, even if it may have the power.

That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed…

Those who would argue that our rights come from government - that government comes first, and the citizenry should be content with what government gives them - are decisively rebuffed in our foundational documents, and the Spirit of America.  Government exists only to help secure our Rights - it does not grant them, our Rights are ours, pre-dating and superior to the existence of government.

Unfortunately - as did our forefathers at the time of the founding - We The People have experienced an increasing “History of repeated Injuries and Usurpations, all having in direct Object the Establishment of an absolute Tyranny over these States.”

The growth of the Federal government in particular, but of state governments as well, to rule over an ever-increasing number of activities not the proper purview of government activity, directly threatens the freedoms, liberties, and yes, “unalienable Rights” of the citizens of these United States of America.

Are we, then, arrived at the need for a new Declaration of Independence against our grasping, grabbing, ever-growing Government?

Nay, say I - for we do still maintain the Right, and the power - as Citizens - to bring our out-of-control government back to heel.  We The People have allowed our government - through inattention and inactivity - to ignore the limits we have set for its power and authority.  Those limits are specified in another exceptional founding document - the U.S. Constitution - which lists (”enumerates“) the “just Powers” of our Federal government, just as our respective state Constitutions list the powers and authority of the state governments.

Government transgressions against the Constitution (at either the Federal or state levels) are an assault on the liberties and individual rights of the citizens.  As citizens, we must not - we cannot - tolerate such assaults, or we shall inevitably be deprived of our status as citizens, and instead become subjects - the ruled, not the rulers.

Stand as a Citizen this year - refuse to become a subject.  Restore constitutional limits to the powers of government, and hold government officials at all levels, in all three branches - accountable to the law.  Remember, the Constitution is our law, limiting government power; don’t let it be taken from you, along with your rights.

In Colorado, we have a unique opportunity this year to hold not just our elected officials (our legislators and executive-branch officeholders) accountable, but the appointed officials in our judiciary as well - those who should be the guardians of our constitutional rights, but instead have acted repeatedly to weaken and undermine our constitutional rights.  We will not have another such opportunity for 10 years to hold a majority of our state Supreme Court accountable - we must not waste it.

Our form of government - a constitutionally limited “Republic, if you can keep it” - is worthy of our best efforts in its defense.

This unique experiment in human governance, that has lasted more than two centuries - this

“government of the people, by the people, for the people, shall not [MUST NOT!] perish from the earth.”

Be a citizen, not a subject - get informed, then 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, Nancy Rice, and soon to be minus 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.”  Continue to support Clear The Bench Colorado with your comments (Sound Off!) and contributions - and vote “NO” on giving these unjust justices another 10-year term of taking away your rights!

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!