The fix is in to repeal Colorado’s Taxpayer Bill of Rights

Back in 1992, the citizens of Colorado passed an amendment to the state constitution to limit tax increases. They called it the Taxpayer Bill of Rights, or TABOR.

TABOR did not eliminate taxes, nor did it prohibit tax increases. Instead, it merely limited tax increases to the rate of inflation plus the population growth of the state.

Even those limits can be exceeded by a mere majority of the voters of the jurisdiction seeking to exceed it. If the voters of Colorado want to raise the state income tax rate, for example, they can do so with a simple majority vote in the next election. Likewise, if the citizens of a municipality want to raise the city sales tax, they can do so by a simple majority vote in the next election.

The people of Colorado love TABOR. That’s true even now, when Colorado is a solid blue state with a Democrat governor, a Democrat majority in the state legislature, an all-Democrat state Supreme Court, and a population that voted for Kamala Harris by an 11-point margin.

But the Democrat establishment hates TABOR, and it’s not just because it has the dreaded “Bill of Rights” phrase in its name. They hate it because it accomplishes its objective – it limits tax increases that are not approved by the citizens being taxed. Democrats want taxes to go up far faster than inflation and population growth, and they want it to happen without the OK of the voters.

Democrats have tried to repeal TABOR, have tried to challenge TABOR in court, and have tried various work-arounds, all unsuccessfully.

But Democrats might succeed with their latest challenge. The Democrat-controlled legislature is passing a resolution calling for the legislature as an entity to sue the state for a court declaration that TABOR is a violation of the U.S. Constitution. The purported violation is that TABOR runs afoul of the Constitutional mandate that states be run by a “republican” form of government. That’s “republican” with a small “r.”

A “republican” form of government is one where the people elect representatives to pass laws, as distinguished from a direct “democracy” where the people themselves pass the laws. The Democrats contend that a system where people have the right to approve or disapprove tax increases by direct vote, is not a “republican” government, and therefore is in violation of the U.S. Constitution.

Note the irony. The Democrats are suing on the grounds that the Constitution prohibits a democratic form of government and mandates instead a republican one.

Whatever the semantics, the Democrats have a lousy argument. But the fix is in.

You see, the plaintiff in this lawsuit will be the state legislature which, as mentioned, is controlled by Democrats. Fair enough.

But the defendant in the lawsuit will be the State of Colorado – which is also controlled by Democrats.  In fact, the attorneys who will represent the state in a purported “defense” of TABOR are the Colorado Attorney General’s Office. That office is an elected position, and is currently held by a declared Democrat who ran as one.

In short, to get TABOR thrown out, the Democrats are bringing a collusive political lawsuit against other Democrats. One set of Democrats sues a second set of Democrats, and the second set pretends to defend the suit. Wink-wink.

It gets worse. The federal district court in Colorado where this case would be heard is comprised of mainly Democrat appointees. Five of the seven active judges were appointed by Joe Biden.

The final insult is that the taxpayers will pay the legal fees for both sides of this farcical suit. Because the plaintiff legislature is a state entity, the state will pay for its lawyers. Because the defendant state is also obviously a state entity, the state will also pay for its lawyers. Although the Colorado Attorney General’s Office which will pretend to “defend” the lawsuit may not do so vigorously, it will certainly run up a healthy legal bill.

Last time this happened, the state spent over half a million dollars on lawyers, just for representing one side of the case. This time, the state will pay for the lawyers on both sides, and lawyer rates are higher now.

Welcome to Cali-rado.

7 thoughts on “The fix is in to repeal Colorado’s Taxpayer Bill of Rights

  1. This essay just adds to my terror of the rulers of Colorado after a week of anti gun, anti parent “laws” have been passed. While it is sinful to wish harm upon others, I am hoping that God has some wake ups planned for these monsters.

  2. Like Dan Bongino often used to ask on his radio show “ Is it bad enough yet?”

    Meaning that ppl will not change their long-held political views until it becomes bad enough.

    Even NYC elected a Republican, Giuliani, after it FINALLY became bad enough, but it took TWO election cycles for Rudy to win.
    So political corrections seem to take a long time, unless they are violent like a coup (or an insurrection).

  3. This Democrat-created cluster is why I moved out of a one-party Democrat dominated state (Maryland) to a somewhat one-party Republican dominated state of FL. (Although it seems there are some GOPe and RINOs throughout the state which are problematic)

    People are welcome to their Democrat views but NOWHERE do Democrats govern (RULE) democratically nor do they rule well.
    So I will not live under their tyranny nor will I enable it with their rapacious grab of my tax dollars.

    It sure is nice this time of year NOT having to pay state taxes! 😊

    Voters have three choices with regard to poor governance – Suffer. Fight. Or Flee.
    I’ve done all three and am now happy to be (mostly) free of @sshat electeds doing stupid @#$& that negatively impact my life.

  4. Democrat elites hate TABOR and the middle class .. note what Stalin did to the Kulaks.

    They also attack TABOR financially thru excessive new spending – on Canadian wolf packs, a train to nowhere ( Craig) that will intentionally lose tons of taxpayer money, and more..

    Building government ( not really affordable without subsides ) housing will fail economically and … note the failures of Cabrini Green by Barry and Tony Rezko

  5. Pingback: Today’s News 4-11-2025 |

  6. The people of Colorado need a new govna. Now he wants your ammo.

    My wife and I are so glad we moved from Breckenridge. Stonerville.

Leave a comment