Did You Know: TABOR Unconstitutioality Lawsuit

[theGinsue]

So today I dropped by the El Paso County website and saw something I hadn't heard about.

This may be old news for many of you as this lawsuit was filed in May 2012, but it was news to me. I searched the forums and found nothing previously posted on this (unless it occurred in the data loss area of the Great CO-AR15 Crash of 2012). It's quite possible that this case has already run it's course, but given the speed (or lack thereof) of our Judicial system, I'm inclined to believe this is still an active case.

It seems many of our states elected officials are so peeved about the citizens of this great state deciding for themselves to put shackles on the money grubbing/tax collecting vermin that they've brought a lawsuit claiming TABOR is unconstitutional.

The gist of the lawsuit is that Costitutionally are to be ruled (we word, not theirs) by a "Representative Democracy" which is Cnstitutionally allowed to tax the citizens at THEIR discretion, not the citizens. Their claim is that "Direct Democracy" (where the citizens get to vote directly and not via an elected representative) is unconstitutional and since this is how TABOR became law, it is unconstitutional.

Maybe they missed the beginning of the Constitution where it says "We the People". They must have also misunderstood President Lincoln in his Gettysburg Address when he stated "...to ensure the survival of America's representative democracy, that the "government of the people, by the people, for the people, shall not perish from the earth."

Here's the El Paso County website link to the document filed with the courts:
http://www.elpasoco.com/Documents/Ta...%205-23-11.pdf

Someone OD me on Thorazine as the lunatics are surely in control of the asylum.

[SNAFU]

Course they forgot the words to the "Pledge of Allegence" too

"I pledge allegiance to the Flag of the United States of America and to the Republic for which it stands, one nation, indivisible, with liberty and justice for all."


http://bellpolicy.org/node/1196

[theGinsue]

Interesting; only one comment.

[Irving]

I'm too busy with other things to fully express my anger about this. Would you mind doing it for me Thomas?

[Troublco]

Another example of the arrogance of the Elitists. How dare the unwashed masses believe that they could possibly think for themselves? They are merely backward children, and we must think for them.

This is another example that shows that a great deal of reining in is needed...and the truth of that line from the movie, the Patriot, where the lead character says something to the effect of "an elected legislature can trample a man's rights as easily as a King".

[theGinsue]

I'm too busy with other things to fully express my anger about this. Would you mind doing it for me Thomas?

Yep; got you covered.


Patrick -so true!

[roberth]

Just reading the first 3 parts makes me mad, full of lies and misrepresentations.

TABOR is great for the citizen and these bastards are pissed that we curtailed their spending. Look at the sponsors, how many are from the teachers union. Almost everyone from any State/County Board of Education is in the pocket of the teachers union.

Section 3

3. Since the passage of TABOR in 1992, the State of Colorado has experienced a
slow, inexorable slide into fiscal dysfunction. Deterioration of the state’s funding base has been
slowed by many attempts to patch, cover over, or bypass the straightjacket of TABOR.
However, events have demonstrated that a legislature unable to raise and appropriate funds
cannot meet its primary constitutional obligations or provide services that are essential for a
state.

Listen to their pathetic crying, buncha whiny liberal elitist maggots. I don't think more administration is essential to the state and that is exactly where most additional education funding goes. They think they should be allowed to impose taxes at will, they already twisted taxes into fees which aren't regulated.

TABOR is the only thing standing between the us and this state turning into another Kalifornia. We meet the needs just fine, they just want to go overboard on spending like the USG.

[UncleDave]

The Constitution does not apply here, because this is a local matter not federal. A referendum is a perfectly legal and recognized process for deciding a matter. Since it does not violate or abridge any federal powers, they are pissing in the wind.

[roberth]

More

57. The Courts of the United States have jurisdiction to determine whether TABOR
violates the requirement that Colorado have a Republican Form of Government prescribed by
Article IV, Section 4, of the Constitution of the United States, the “Guarantee Clause,” and the
Enabling Act, and that such conflict compels invalidation of TABOR under the Supremacy
Clause.
58. The Courts of the United States have jurisdiction to determine whether a state is
complying with federal statutes and, particularly, the statute (the Enabling Act) under the terms
of which Congress authorized the creation of the State of Colorado and its admission to the
Union.
59. The Courts of the United States have jurisdiction to determine whether the
citizens of the State of Colorado are being denied the equal protection of the laws because
Colorado now fails to provide a Republican Form of Government.

The United States is just that, the United States. We're not a collective named the Federal Government, we're 50 separate states united together under specified provisions contained in the constitution.

This lawsuit is also trying to eliminate the distinction between the Federal Government and the State Government and merge us into the Federal Government.

States should be unique save the provisions in the Constitution. That way we we have a choice about where we want to live. If we all fall under the purview of the Federal Government our individual state identity is removed and so are our choices of where to live.

Remember, the larger the government the smaller the citizen. The goal of these people is to make us subjects. I hope that voting will be enough to change the course of our nation, if not we're in for a really bad time.

[josh7328]

"I pledge allegiance to the Flag of the United States of America and to the Republic for which it stands, one nation Under God, indivisible, with liberty and justice for all."

Fixed it for you.