By Rob Natelson
The case arose when a group of government apologists sued in federal court to invalidate Colorado’s 20-year-old Taxpayers Bill of Rights (TABOR). That measure assures that voters have the final say over most state and local tax increases. The plaintiffs won an unexpected victory last month when Judge William J. Martinez found-despite U.S. Supreme Court precedent to the contrary-that most of their claims were “justiciable” (resolvable in court).
The plaintiffs contend that TABOR leaves Colorado without a “fully effective legislature”-a phrase apparently invented for the occasion. This, plaintiffs say, violates Article IV, Section 4 of the U.S. Constitution. That provision, known as the Guarantee Clause, guarantees to each state a “Republican Form of Government.”
The plaintiffs’ claim, however, is not well-researched. And the background of the Guarantee Clause reveals it to be absurd. Continue reading