Categories
ballot access initiative, referendum, and recall

No Particular Agenda

Agenda-less improvement of Colorado’s constitution is the goal of a “group of Colorado’s top civic leaders, bipartisan in its makeup,” according to the Denver Post. All they want to do is correct constitutional inconsistencies.

The difficulty of getting the revisions is so acute that many of the state’s “top civic leaders” believe that it is time again to press for a constitutional-review commission empowered to send proposed changes to the voters directly, via multi-subject initiatives that can substantially revise, rather than simply amend, the state’s governing charter. (A single-subject rule obtains for hoi-polloi signature-gatherers.)

Must be nigh impossible to get a question on the ballot the way things stand now, eh? But — wait — one of the Civic Leaders pushing for a commission, Bob Tointon, laments that people “are frustrated by the issues that get on the ballot so easily in Colorado.” And Colorado’s Future, the main organization pushing for the commission, has always argued that it’s too darn easy for the mere people to post an initiative.

Which is it? It’s too hard to post a question onto the ballot, or too easy?

Both. It’s too easy for the general public to use the initiative process, but it’s too hard for Civic Leaders to scrub voter-approved initiatives out of existence.

Opponents of this elitist brainstorm worry that the proposed Super-Commission would seek to undermine the state’s Taxpayer Bill of Rights (TABOR), a popular citizen initiative passed two decades ago limiting government spending and requiring voter approval of new taxes. The fear is legitimate.

The long-standing agenda of this cast of Civic Leaders is no secret: kill TABOR.

This is Common Sense. I’m Paul Jacob.

Categories
initiative, referendum, and recall Tenth Amendment federalism U.S. Constitution

Put Federalism In Your Pipe

Though centralized power, coalescing in Washington, D.C., has increased in recent years as a bipartisan effort to grow government, it’s worth noting that true federalism is not dead.

Take one of America’s longest-running atrocities, the “War on Drugs.” The American people are rebelling, leaving their political representatives, state and national, in the back seat. The recently successful marijuana legalization initiatives in Colorado and Washington State are already taking effect, thus marking a major retreat in the once-popular, now increasingly hopeless war.

Last Friday, The Seattle Times reported that King County has dismissed 175 cases involving people over 21 and possession of one ounce of cannabis or less. “Although the effective date of I-502 is not until December 6, there is no point in continuing to seek criminal penalties for conduct that will be legal next month,” explained the county prosecutor.

A smaller number were dismissed in Pierce County, with its prosecutor saying that, “as a practical matter, I don’t think you could sell a simple marijuana case to a jury after this initiative passed.”

In Colorado, a major drug task force has been disbanded. The excuse is lack of funds, but I suspect that Colorado officials had read the writing on the wall, and it wasn’t “Mene, Mene, Tekel, u-Pharsin” — it was the wording of Colorado’s Initiative 64.

The federales don’t have the manpower to enforce federal law in the 50 states, or the constitutional authority to dictate state enforcement of either federal law much less the nature of state criminal laws.

Courtesy of the citizen initiative, we could be seeing the next major devolution of power away from the nation’s capital.

This is Common Sense. I’m Paul Jacob.

Categories
initiative, referendum, and recall insider corruption

Rocky Mountain Low

In the closing days of this year’s legislative session, Colorado Rep. Lois Court sponsored a bill that would have amended the state constitution to require a 60 percent supermajority to pass any future constitutional amendments. This issue had previously been floated to — and defeated by — voters in 2008, as Referendum O.

In 2009, 2010, 2011 and again this year, this attack on the citizen initiative had been introduced in the Legislature, but beaten back by a coalition of citizens and policy groups, including Common Cause and the Colorado Union of Taxpayers.Louis Court, Colorado

This year, Denver Post reporter Lynn Bartels informed us that Court’s bill had been “hijacked.” Republican Rep. Jon Becker amended it in committee, requiring the bill’s 60 percent supermajority to apply to any amendment to the state constitution — an idea so repulsive that even Court voted against her own bill.

But there, oddly, is where Bartels’s explanation ends.

You see, Court’s legislation mandated a supermajority to pass a new constitutional amendment, but not for repealing past constitutional amendments — at least, not past amendments proposed by citizens.

Why? Look no further than TABOR.

Passed by citizen initiative in 1992, the Taxpayer Bill of Rights amendment requires any increase in overall government spending, or any tax increase, to be approved by the politicians’ boss: the people of Colorado.

Therefore, Court and her fellow legislative Democrats seek a supermajority to block any future amendment like TABOR, while at the same time allowing TABOR to be more easily nixed with only a simple majority. They want two sets of books, two sets of standards, one for the people and another custom-made for them.

This is Common sense. I’m Paul Jacob.

Categories
crime and punishment initiative, referendum, and recall

Between a Rock and Our Rights

It’s heart-breaking to read the daily accounts of the Syrian government shelling neighborhoods and snipers gunning down protesting citizens in the streets. Syria, sadly, is hardly the only place where speaking one’s mind or seeking political change can be met with threats and violence.

Sometimes the brutality comes from the government itself. Sometimes the acts of intimidation and bloodshed come from extra-legal gangs acting in concert with those in power.

Thank goodness we live in a country where one doesn’t have to fear violence for one’s political beliefs and activities.

Or do we?

Like many cities and states in our land, Colorado’s public employee pension system is woefully underfunded, $21 billion behind, putting taxpayers and/or retirees in grave jeopardy. In addition to the financial problem is a serious lack of accountability.

State Treasurer Walker Stapleton sits on the board of the Public Employees Retirement Association (PERA). But when he asked for some basic information about benefits, the board refused. Stapleton complains that “it seems their objective is for all board members to operate in the dark and act as a rubberstamp for their executives.” He’s filed a lawsuit seeking the information.

Luckily, Colorado citizens have access to the initiative petition process. Recently, Carol Baum and Karen Stauffer filed initiatives to reform PERA, including requiring greater transparency. Last Friday, they attended the first hearings to finalize their measures.

That’s when the threatening phone calls began. And then on Sunday, Karen Stauffer’s car window was smashed out by a large rock.

Something is rotten in Denver. Tyranny is wielding its most powerful weapons: fear and intimidation. The only antidote is courage.

This is Common Sense. I’m Paul Jacob.

Categories
ideological culture initiative, referendum, and recall

Keeping Up with the Arabs

It’s open season on Middle East dictators — but I’m a little jealous. Greater freedom and democracy may be coming to Tunisia and Egypt and Bahrain, but what about us?

The last two decades Americans have asserted themselves, changing control of Congress several times as well as passing term limits and other reforms directly through numerous statewide citizen initiatives.

Have our elected representatives responded by facilitating such democratic participation? Not on your life!

This year, many state legislators came into session hell-bent on blocking the citizen check of initiative and referendum.

In Colorado, legislators have proposed a constitutional amendment making it harder to place initiatives on the ballot. It would also mandate a 60 percent supermajority vote to pass a constitutional amendment, allowing deep pocket special interests the power to defeat reforms popular enough to win 59.9 percent of the vote.

Last November, Oklahoma voters passed a constitutional amendment to make it a little easier for citizens to petition an issue onto the ballot. Now, just months later, state senators narrowly passed an amendment that would make the same process much more difficult.

Currently, Nevada citizens must gather signatures in each of the state’s three congressional districts to qualify a statewide ballot issue. Legislation is pending to increase this requirement from three petition drives to 42 separate petition drives — one for each of the 42 state legislative districts.

Thus our “representatives” seek to stop the people from representing themselves.

This is Common sense. I’m Paul Jacob.

Categories
initiative, referendum, and recall term limits

Voters Need Not Apply

Colorado politicians have hatched a scheme, Senate Concurrent Amendment 1, that may solve the awful problem of those pesky Colorado voters passing reforms like term limits and the Taxpayer Bill of Rights, the state’s quite effective spending cap.

SCR-1 solves the alleged problem of too many constitutional amendments by — you guessed it — enacting yet another constitutional amendment. As the Senate yesterday passed SCR-1, sending it to the House, Democratic Senator Linda Newell of Denver complained, “I am embarrassed to see how many changes are in our constitution.”

She should be. While most of the 16 amendments enacted in the last decade were proposed by legislators (ten, or 62.5 percent), the measure the snooty senator supports is designed to disrupt only the citizen initiative process.

SCR-1 prevents a majority of Colorado voters from passing amendments by requiring a 60 percent supermajority — that is, allowing a 40 percent minority to block any reform. This works great for big labor and big business interests who can spend big bucks running nasty 30-second TV ads to create enough doubt to hold an initiative one vote under 60 percent.

Worse yet, if SCR-1 passes, legislators would still be able to put term limits or the state’s spending limit on the ballot for repeal by a simple majority. An interesting principle: new reform requires a supermajority, but lower percentages may gut term limits or dump the Taxpayer Bill of Rights.

This is Common Sense. I’m Paul Jacob.