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Repealing the Bill of Rights

More than 15 years ago, Colorado's Taxpayer's Bill of Rights (TABOR) became a model of tax reform and fiscal responsibility. Coloradans have enjoyed an active role in where and how their tax dollars are spent, but liberals are crying foul in an economy where low revenue restricts them from spending on pet projects.

Also known as Article X of the Colorado state constitution, TABOR limits the growth of government by proportionally generating tax revenue during good times and decreasing during the bad. The crux of TABOR is simple: the state's tax revenue can grow no faster than inflation plus population growth, and anything representing a surplus must be either earmarked for future K-12 funding or refunded directly back to the taxpayers.

Though the law was approved by voters in 1992, liberals have consistently tried to erode it. The first attempt at watering it down came in 2000, when Democrats tacked on Amendment 23, mandating that K-12 spending increases every year, regardless of tax revenue. Though education spending enjoys broad popular support, fiscal conservatives could see TABOR creeping away from its mission.

TABOR also prevents legislators from spending additional funds on new programs without the taxpayers' approval in a referendum. One successful plea for more taxpayer money came in 2005, when lawmakers and then Gov. Bill Owens -- a onetime conservative hero -- claimed that the state was beginning to experience a recession and needed some help with things such as Medicaid and infrastructure. But the Independence Institute famously found, the state's needs included funding a great deal of waste (pdf).

Voters nevertheless approved Referendum C, giving TABOR a "five-year timeout" so that the state could fix its so-called problems and stop sending taxpayers their refund checks. Liberals were once again successful in chipping away at the law that kept them from their tradition of spending frivolously. With the five years coming to an end in 2010, some Colorado legislators are looking to take not just another big chunk, but to repeal TABOR altogether.

In the 2009 state budget presented on January 26, Gov. Bill Ritter incited panic among the legislature when he listed the programs needed in these dark economic times: a complete "greening" of public buildings, modernization of state agencies, and millions of dollars for "Neighborhood Restabilization" to families about to undergo foreclosure -- among many other so-called necessities. During his state of the state address just a few weeks ago, Ritter stated that TABOR is a "statutory straightjacket that makes modern, sensible, and value-based budgeting an impossibility." Calls to repeal TABOR have been ringing throughout the state capitol ever since.

Before taxpayer's rights are completely taken off the table, perhaps the governor should take a page from the example of Colorado Springs, a large suburb just an hour and half south of Denver. The city had its own version of TABOR and like many American cities was mired in recession. But officials there decided against raising taxes.

State Senator Andy McElhaney (R-Colorado Springs), said that even though the economy is terrible, there is no need to further burden taxpayers. "It's tough times for the city, [and] tough times for the people."

What Gov. Ritter and fellow liberals don't understand is that taxpayers are hurting in the recession too. Taxpaying families should not be forced to cough up extra money in hard times -- particularly when they have already passed laws like TABOR to protect their paychecks.

Call it an assault on the Taxpayer's Bill of Rights.

Letter to the Editor

topics:
Taxes

Melanie Harmon is a freelance writer in Washington, D.C.

Comments

Dwight Thorne| 2.2.09 @ 6:24AM

What some fail to understand is that Federal Government simply issues treasury bills to finance whatever projects it has on the agenda: social, or war in Iraq etc.. Another day older and deeper in debt... When times get better, this will need to be paid back... no need to raise taxes just now...

Robert Rosencrans| 2.2.09 @ 8:52AM

Once citizens are elected to public office, they leave their citizenry at the door. A new mental state enters upon them where it becomes more important to defend the status quo of the government, as opposed to what's right for the citizens. You can see it in every community.

The city of Vallejo, Ca. recently voted to seek bankruptcy protection from their creditors under Chapter 9. Guess who 90% of their creditors are comprised of? Public safety employees soak up 90% of their debt obligations.

The city is looking forward to a bankruptcy judge shedding them of these obligations. Ironically, this may turn out to be the best tool amongst public employee unions who have simply asked for more and more over the years, while performing the same or giving less.

Melvin| 2.2.09 @ 9:29AM

Can someone explain to me in why Liberals seem to have this aversion to paying their income taxes?

Bram| 2.2.09 @ 10:13AM

Melvin - It's because they are so damn high.

Dwight Thorne| 2.2.09 @ 10:23AM

Why the Wall Street bail out had to be so high?
Guess all of us will have to pay in high taxes to buy back the treasury bills issued by government to fill the huge hole made by investment bankers.

Gill O'Teen| 2.2.09 @ 10:58AM

To the scoundrels in D.C. the American taxpayer is simply a tube of tooth paste to be squeezed until it’s completely empty. The situation is so dire and promises to only get worse under an administration led by a Marxist admirer of the Communist Chinese government. Our only recourse is to take back our country and its Constitution, by force if need be.

Thomas Jefferson wrote in an ancient forgotten manuscript that “... (A)ll experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.” He pledged his life, his fortune and his sacred honor to this end. We should not do less.

Ed | 2.2.09 @ 11:12AM

Don't worry, more taxpayers are on their way from Mexico, right?

Dustoff| 2.2.09 @ 1:00PM

Make no mistake, tax cheaters cheat us all, and the IRS should enforce our laws to the letter. ”
+++++++++++++++++++++++

Great words from the tax-cheat himself. Daschle!

Bill| 2.2.09 @ 1:34PM

Term Limits anyone?
And with the approval rating of those who are suppose to be representing us at all time lows we the tax payers should demand that they resign.
Anyone in industry with their record would be fired.
Also all serving in elected office should be under the same insurance programs the rest of us are and also be part of the same social security program we burdened with.
Most in this country do not realize that the United States Congres has a totally different plan than the tax payer. They own their accounts and can invest the funds as they desire and can also will it to their survivors.
Time for the citizens to wake up and cut the fat and those who continue to make a career of spending our money.

Gary Cape| 2.2.09 @ 3:26PM

I voted for TABOR in 1992 and would do so again, but it isn't perfect, just nearly so. The big flaw is that in recession years when state revenues plummet, the climb out must start from a lower base. It takes years longer to get back to pre-recession funding levels.
Not so bad you say, and I partially agree. Amendement 23, thoungh, mandates hefty education increases each and every year no matter what, no matter who else is starving. That crafty Big Ed, taking care of themselves first.

Gary Cape
Delta County

David Govett| 2.3.09 @ 12:22AM

Coming soon: The Bill of Lefts

2Guns| 2.3.09 @ 1:26PM

No, its the "Bill of what's left".

Pingback| 2.4.09 @ 4:05PM

The American Spectator : Repealing the Bill of Rights links to this page. Here’s an excerpt:

…Bill of Rights (TABOR) became a model of tax reform and fiscal responsibility. Coloradans have enjoyed an active role in where and how their tax dollars are spent, but liberals are crying … Continue · Filed Under Investing  Copyright © 2009 Stocks and Bonds · Log

Lord Fanny| 3.7.09 @ 3:55AM

Was this written by a tenth grader?

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