Lawmakers Argue Against TABOR In Court

By: AP
By: AP

DENVER (AP) -- Colorado's Taxpayer's Bill of Rights went under direct challenge in federal court Wednesday as state lawyers argued that a judge can't touch the amendment voters approved in 1992.

A group of state lawmakers wants the court to throw out TABOR. They say the measure strips legislative bodies of the power to tax and spend, and therefore the U.S. Constitution, which designated certain powers to the branches of government.

TABOR forbids state lawmakers and local elected bodies from raising taxes without a vote by the people. It also puts severe restrictions on spending, limiting officials' ability to respond in an economic downturn.

A state lawyer argued that the TABOR challenge could endanger all citizen initiatives.

U.S. District Court Judge William Martinez did not immediately rule on whether to dismiss the lawsuit.

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  • by Anonymous on Feb 16, 2012 at 03:55 PM
    6 husbands later...
  • by Anonymous Location: C.S. on Feb 15, 2012 at 02:29 PM
    John, ever stop to think that the street lights, snowplows, no bathrooms in parks and not filling potholes just MIGHT be a strong arm method of the Government to force taxpayers to say, "yes, ok you do need us to vote this in for more taxes." And, the very BEST one is they jump on the Education's for the kids, ya know! (wink, wink)
  • by tom Location: 80918 on Feb 15, 2012 at 01:29 PM
    20 states passed laws limiting the terms one could serve at the federal congressional level before the 1995 5-4 U.S. Supreme Court decision in U.S. Term Limits v. Thornton declared the necessity of a constitutional amendment to limit the terms of Congress. Colorado was one of them. The Federal Judicial system has historically sided with state and federal servants at the expense of individual rights. I bring this up because a justice system that is bought and paid for by tax dollars will tend to decide in favor of those that divvy out those tax dollars, not in favor of those who generate the dollars. Hopefully in the case of Tabor, U.S. District Court Judge William Martinez will side with the people, the actual source of the revenue. The obvious problem is there is little incentive to do so short of the moral knowledge that tax is theft, and theft should be treated as a crime against personal property. Judge William Martinez has clearly refuted the premise that theft is wrong every time he cashes his paycheck. Hope.
  • by john on Feb 15, 2012 at 12:38 PM
    good, TABOR is strangling our local governments, the same people who whine about lack of streetlights, snowplows, about no bathrooms in parks and about potholes are the same ones who cry the loudest about paying taxes
    • reply
      by Jason on Feb 15, 2012 at 01:17 PM in reply to john
      You like the government being in control huh John? Remember John, A government big enough to give you everything you want, is big enough to take everything you have. Good luck on the dark side John. I rather deal with a few potholes than my money going down the toilet.
      • reply
        by john on Feb 15, 2012 at 02:55 PM in reply to Jason
        Oh yes! I see the light now! no government for me! It's ruby ridge time! HaHaHaHaHa you guys are great! Sign me up! hahahahaha
      • reply
        by john on Feb 16, 2012 at 02:46 AM in reply to Jason
        some of your money does go down the toilet Jason, you pay for your sewer and water and roads and bridges (or your mama does) That's not government being in control thats just government providing services. like I expect them to. You don't have to follow everything that Rush tells you, He's not talking about little towns that are trying to make ends meet. Little places like Divide are not funneling money into "chemtrails" and all you other weird "the gov. wants to rule me fantasies. They are just wondering if they can come up with enough fuel to keep operating. Step into the light Jason, welcome to the real world
    • reply
      by Randy on Feb 15, 2012 at 01:23 PM in reply to john
      John, you show me where tabor has anything to do with the the lack of street lights, snow plows and bathrooms in the park! I certainly didn't see any of those items on the ballot.
      • reply
        by john on Feb 16, 2012 at 02:53 AM in reply to Randy
        Just go to a few small town (like Manitou or Green mtn falls or Divide) council meetings at budget time Randy see how government really works. they have to cut away at everything to try to make ends meet. the towns (and its problems grow, but Tabor won't let the revenue grow with it, you have to try to do more with less. Parks and services get cut first. When have you ever seen potholes on a ballot? Wake up join the real world.
  • by Alex Location: Colorado Springs on Feb 15, 2012 at 11:24 AM
    Keep pushing it feds and local government, we have clearly warned you. Society who post on this are warning you. You will end up overthrown and find yourself standing in the gallows awaiting your judgement if you keep it up. This is what we want, this is what the people want. Your too iresponsible and immature to handle our tax money. So we (The People) acting as your mommy and daddy will decide how you spend OUR money, okay?
  • by Greg Location: Castle Rock on Feb 15, 2012 at 11:19 AM
    There seems to be a difference when the government violates our constitutional rights and when we "The People" violate them ourselves. The government seems to think it's okay to violate our 1st and 4th amendment right but when the majority of The People vote, we can't change something? How about this... I was never afforded the oppuortunity to vote against the extremely unjust and dumb laws you put forth so please do not attack the majority for voting okay? I pay your your over-inflated salaries so you can sit in an office and use your little brains to think up new laws. No, I don't like it but I deal with it. So DEAL WITH THIS and PROCEED AT YOUR OWN RISK. THE PEOPLE are much stronger and can over-run you easily. Keep pushing it.
  • by Bradman on Feb 15, 2012 at 10:10 AM
    The government is treading on thin ice. The people spoke about Tabor. You threw it's main advocate in jail. Now let's get rid of what the people want. Tabor has made our local government do their job and learn to be a little more cautious with our money.
  • by Charles Location: Colorado Springs on Feb 15, 2012 at 09:54 AM
    If TABOR was at the federal level maybe we wouldnt be in debt so bad. The habit of these clowns to tax and spend is what caused our problems in the first place.
  • by Lynda Location: Murray on Feb 15, 2012 at 09:27 AM
    The Tabor Amendment has worded for our state very well. If we feel as a voter that something is needed we vote yes. If we feel we cannot afford to raise our utilities or raise the taxes on our homes for any reasons because we're retired, and they have already gotten around a constitutional amendment that the elderly only pay half the homeowners tax, we cannot trust the lawmakers to not tax us out of our homes and livelyhood.
    • reply
      by Monique the Cat Lady on Feb 15, 2012 at 10:12 AM in reply to Lynda
      The problem with our version of TABOR is that it only lets the state shrink, it doesn't let it grow even if the local economy grows. Keep the controls on spending, just adjust it so that recessions don't make Colorado a third world country.
  • by Nath Location: Colo Spgs on Feb 15, 2012 at 09:21 AM
    Yes, we live in a Republic, although over the last 100 years it has been severely damaged by creeping Progressivism. I don't think the law suit can stand up because the U.S. Constitution sets limits on the federal government, not the states or individuals (Tenth Amendment). The people of Colorado passed the TABOR law on state spending for good reason. If it weren't for TABOR, Colorado would be much further in debt than it is. There are some in our state assembly who would be just as irresponsible about deficit spending as those in Washington. Tabor is a law limiting spending and taxes, not a law granting more. Ben Franklin warned "When the people find that they can vote themselves money, that will herald the end of the Republic." Today, it is the politicians voting for the money, to give away, to buy votes.
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