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Opinion: Politicians’ challenge to Colorado’s TABOR is without merit

Mycroft

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First of all...what is TABOR?

The Taxpayer Bill of Rights (abbreviated TABOR) is a concept advocated by conservative and free market libertarian groups, primarily in the United States, as a way of limiting the growth of government. It is not a charter of rights but a provision requiring that increases in overall tax revenue be tied to inflation and population increases unless larger increases are approved by referendum.​
In 1992, the voters of the state approved a measure which amended Article X of the Colorado Constitution that restricts revenues for all levels of government (state, local, and schools).[2] Under TABOR, state and local governments cannot raise tax rates without voter approval and cannot spend revenues collected under existing tax rates without voter approval if revenues grow faster than the rate of inflation and population growth.[2] Revenue in excess of the TABOR limit, commonly referred to as the "TABOR surplus", must be refunded to taxpayers, unless voters approve a revenue change as an offset in a referendum.[3] Under TABOR, the state has returned more than $2 billion to taxpayers.​

So...what is this challenge to TABOR all about?

Colorado’s Taxpayer’s Bill of Rights is under attack once again, this time by the very politicians whose actions TABOR is intended to check.​
A lawsuit filed by state legislators and some local elected officials has been wending its way through the federal courts since 2011. They seek to overturn the voter-enacted TABOR amendment to the Colorado constitution, which requires voter approval before state and local legislative bodies can impose or raise taxes.​
The lawmakers’ case rests on the dubious idea that by denying legislators a free hand on matters of taxing and spending, TABOR denies Coloradans a republican form of government, in violation of the U.S. Constitution.​
The case will now be heard by the entire U.S. Court of Appeals for the 10th Circuit, although it seems likely that the U.S. Supreme Court will eventually get the final word.​
It’s a complicated case involving questions of standing — who has the right to bring a case to court — and whether constitutional guarantees of a republican form of government include the actions of political subdivisions such as school boards.​
While the legal questions are complicated, the principle at stake is simple. Colorado taxpayers have voted repeatedly in support of TABOR. The politicians are asking a federal court to reverse those votes because they checked the excesses of those politicians.​
That’s the opposite of a republican form of government.​

The citizens of Colorado already have the constitutional right to recall any legislators who do things they don't like, but in the case of taxes I think more restrictions on legislators are needed. TABOR provides those restrictions. With TABOR, legislators...at all levels...are NOT able to raise taxes without the citizen's approval. This gives the power over their pocketbooks back to the citizens. TABOR has been in effect almost 30 years and has worked very well.

I hope the courts don't screw things up.
 
First of all...what is TABOR?

The Taxpayer Bill of Rights (abbreviated TABOR) is a concept advocated by conservative and free market libertarian groups, primarily in the United States, as a way of limiting the growth of government. It is not a charter of rights but a provision requiring that increases in overall tax revenue be tied to inflation and population increases unless larger increases are approved by referendum.​
In 1992, the voters of the state approved a measure which amended Article X of the Colorado Constitution that restricts revenues for all levels of government (state, local, and schools).[2] Under TABOR, state and local governments cannot raise tax rates without voter approval and cannot spend revenues collected under existing tax rates without voter approval if revenues grow faster than the rate of inflation and population growth.[2] Revenue in excess of the TABOR limit, commonly referred to as the "TABOR surplus", must be refunded to taxpayers, unless voters approve a revenue change as an offset in a referendum.[3] Under TABOR, the state has returned more than $2 billion to taxpayers.​

So...what is this challenge to TABOR all about?

Colorado’s Taxpayer’s Bill of Rights is under attack once again, this time by the very politicians whose actions TABOR is intended to check.​
A lawsuit filed by state legislators and some local elected officials has been wending its way through the federal courts since 2011. They seek to overturn the voter-enacted TABOR amendment to the Colorado constitution, which requires voter approval before state and local legislative bodies can impose or raise taxes.​
The lawmakers’ case rests on the dubious idea that by denying legislators a free hand on matters of taxing and spending, TABOR denies Coloradans a republican form of government, in violation of the U.S. Constitution.​
The case will now be heard by the entire U.S. Court of Appeals for the 10th Circuit, although it seems likely that the U.S. Supreme Court will eventually get the final word.​
It’s a complicated case involving questions of standing — who has the right to bring a case to court — and whether constitutional guarantees of a republican form of government include the actions of political subdivisions such as school boards.​
While the legal questions are complicated, the principle at stake is simple. Colorado taxpayers have voted repeatedly in support of TABOR. The politicians are asking a federal court to reverse those votes because they checked the excesses of those politicians.​
That’s the opposite of a republican form of government.​

The citizens of Colorado already have the constitutional right to recall any legislators who do things they don't like, but in the case of taxes I think more restrictions on legislators are needed. TABOR provides those restrictions. With TABOR, legislators...at all levels...are NOT able to raise taxes without the citizen's approval. This gives the power over their pocketbooks back to the citizens. TABOR has been in effect almost 30 years and has worked very well.

I hope the courts don't screw things up.

Doesn't matter

Colorado is doomed for it's Hispanic population is almost 25%
 
Doesn't matter

Colorado is doomed for it's Hispanic population is almost 25%
???

What does Hispanic have to do with this?

Wait...do you think I have something against Hispanics? LOL!!

Take your race card an go play somewhere else.
 
???

What does Hispanic have to do with this?

Wait...do you think I have something against Hispanics? LOL!!

Take your race card an go play somewhere else.

What does Hispanic have to do with this

Specifically no

Politically in your declining Colorado yes


Take your race card an go play somewhere else.

So you must not got the memo the Hispanics vote Majority dim?

but sorry for distracting to your topic. I just pointing out it don't matter in the Big picture
 
What does Hispanic have to do with this

Specifically no

Politically in your declining Colorado yes




So you must not got the memo the Hispanics vote Majority dim?

but sorry for distracting to your topic. I just pointing out it don't matter in the Big picture
This thread has nothing to do with partisan politics.

You are dismissed.
 
Many Coloradans OPPOSE TABOR because it has forced reductions in important state services, diminished the ability of our elected representatives to manage the state’s budget, and forces a shrinking of the state budget relative to the size of our economy.


Sounds like it was done via a proposition. At the time, none of the voters could guess the outcome, they just heard that they would have to pay less taxes and they voted for it.

Now Colorado is rich with a growing population only there is no tax revenue to support the growth.

If you're in business, you know you have to spend money to make money. Colorado can't do that because TABOR prevents them.

Yes, get rid of TABOR and let the people the voters elect decide how to spend the money.

.
 
I think TABOR is a big mistake.
If you want to control spending have a balanced budget law.
TABOR is a huge problem for schools, infrastructure and so on.
How has Colorado gone around TABOR ? by increasing consumer taxes.
TABOR creates a nother problem, the nest egg, it prevents it. When times are crappy, the state has very little to fall back on and when that little is used up, the cuts start, which does serious damage to the State.
Republicans always are proud of their business savvy and always tell people government has to be run like a business.
But a business without profits and a solid nest egg, is a crappy business.
 
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