Oct 20

GUEST COLUMN: Ballot Question 1B: A dishonest tax increase

By Jeff CrankPublished: October 20, 2014

El Paso County Ballot question 1B is nothing more than a dishonest attempt to fool voters. Its shameful deception rises to the level of the misleading term-limits language of a few years ago. If you remember the term limits language that implied that a “yes” vote “limited” terms when it actually extended them, then question 1B this year might ring a bell. 1B imposes a tax of $92.40 per year on the average household in El Paso County for the next 20 years and beyond. That is a minimum tax increase of $1,848 per property and likely much higher. However, you wouldn’t know these facts just by reading the ballot language.

Pretty harsh to say it is deceptive, but the facts leave little doubt. First, the language calls the tax a “fee.” Why? If they called it a tax, the Colorado Constitution would require the ballot language to start out by saying “shall taxes be increased by $39,275,650 for 2016 and each year after for 20 years.” By cleverly calling the tax a fee, they can now start the language with “Are you in favor of funding emergency needs caused by flooding.” It was worded this way to enhance the ability to get it passed but it is nothing more than a way to trick you into believing that the money coming out of your pocket is a fee and not a tax. After all, it is on your property tax bill.

The sleight of hand continues. Rather than being honest about how much you’re going to pay each year, they broke down the amount per month. They could have said that it would cost the average homeowner $1,848 over the next 20 years. Instead, they broke down the amount by month – to $7.70 per month. Why not break it down to the day, hour or second? By the way, if you do the math, it is just over a penny per hour tax increase.

Question 1B also creates a government bureaucracy and then exempts it from the Taxpayer’s Bill of Rights provisions of the Colorado Constitution.

In other words, it creates a bureaucracy and then allows that bureaucracy to vote to extend the tax (that they call a fee) without going to the citizens for a vote of the people.

As Mayor Steve Bach, who strongly opposes 1B, stated, “the new $92.40 stormwater fee is about the same amount the average residential property owner now pays for all city services combined.” That’s right, you’ll pay as much property tax for stormwater as you do for police, fire, snow removal, street repair, parks, arts, etc. Imagine this new unaccountable bureaucracy getting as much property tax as the city of Colorado Springs, never having to face an election and having the ability to increase ?the tax at their whim and without voter approval.

If this tax increase of $785 million over 20 years weren’t offensive enough, the audacity of the language should convince any citizen to vote “no.” The drafters of the language trying to pull the wool over voters eyes by calling a tax a “fee”; reducing the yearly tax amount to make it appear smaller; and thumbing their nose at the voters by taking away the right to vote on tax increases make this as deceptive and misleading as any ballot language we’ve ever seen.

Our stormwater problem is real and it should be addressed, but Question 1B is not the answer. I hope you’ll join Mayor Bach, myself and many other community leaders in voting “no.”

Jeff Crank is a talk show host on AM 740 KVOR and the president of Aegis Strategic, LLC.

http://gazette.com/guest-column-ballot-question-1b-a-dishonest-tax-increase/article/1539836

Sep 27

Democracy Requires a Patriotic Education

The Athenians knew it. Jefferson knew it. Somehow we have forgotten: Civic devotion, instilled at school, is essential to a good society.

What is an education for? It is a question seldom investigated thoroughly. The ancient philosophers had little doubt: They lived in a city-state whose success and very existence depended on the willingness of citizens to overcome the human tendency to seek their individual, self-interested goals and to make the sacrifices needed for the community’s well-being. Their idea of education, therefore, was moral and civic, not merely instrumental. They reasoned that if a state or community is to be good, its citizens must be good, so they aimed at an education that would produce virtuous people and good citizens.

Some two thousand years later, from the 16th through the 18th centuries, a different group of philosophers in Italy, England and France introduced a powerful new idea. Their world was dominated by ambitious princes and kings who were rapidly asserting ever greater authority over the lives of their people and trampling on the traditional expectations of individuals and communities. In the philosophers’ view, every human being was naturally endowed with three essential rights: to defend his life, liberty and lawfully acquired property.

The responsibility of the state, therefore, was limited and largely negative: to protect the people from external enemies and not to interfere with the rights of individual citizens. Suspicious of the claims of church and state to inculcate virtue as mere devices to serve the selfish interests of their rulers, most philosophers of the Enlightenment believed that moral and civic instruction was not the business of the state.

Among our country’s founders, none was a more devoted son of the Enlightenment than Thomas Jefferson, yet as he considered the needs of the new democratic republic he had helped to establish, he came to very different conclusions. Like the ancient philosophers, Jefferson regarded education as essential to the establishment and maintenance of a good polity— Plato, in “The Republic,” spends many pages on the nature of the citizens’ education, as does Aristotle in “Politics.” Jefferson regarded a proper educational system as so important that in the epitaph he wrote for himself, he did not mention that he had twice been elected president of the United States but proudly recorded that he was the “Father of the University of Virginia.”

Jefferson was convinced that there needed to be an education for all citizens if they and their new kind of popular government were to flourish. He understood that schools must provide “to every citizen the information he needs for the transaction of his own business; to enable him to calculate for himself, and to express and preserve his ideas, his contracts, and accounts, in writing.”

For Jefferson, though, the most important goals of education were civic and moral. In his “Preamble to the 1779 Virginia Bill for the More General Diffusion of Knowledge” he addresses the need for all students to have a political education through the study of the “forms of government,” political history and foreign affairs. This was not meant to be a “value free” exercise; on the contrary, its purpose was to communicate the special virtues of republican representative democracy, the dangers that threatened it, and the responsibility of its citizens to esteem and protect it. This education was to be a common experience for all citizens, rich and poor, for every one of them had natural rights and powers, and every one had to understand and esteem the institutions, laws and traditions of his country if it was to succeed.

It is striking to notice the similarity between Jefferson’s ideas and those of a leader of the last great democracy prior to Jefferson’s fledgling democracy. In 431 B.C., Pericles of Athens described the character of the great democratic society he wished for his community: A city “governed by the many, not the few,” where in the “matter of public honors each man is preferred not on the basis of his class but of his good reputation and merit. No one, moreover, if he has it in him to do some good for the city, is barred because of poverty or humble origins.”

Both great democratic leaders knew that democracy, properly understood, requires a careful balance between the political and constitutional rights of the individual, where absolute equality is the only acceptable principle, and the other aspects of life, where equality of opportunity and reward on the basis of merit are appropriate. They also agreed on the need for individuals to limit their desires and even to curtail their own rights, when necessary, to make sacrifices in the service of the community without whose protection those rights could not exist. In short, democracy and patriotism were inseparable.

These values have not disappeared, but in our own time they have been severely challenged. With the shock of the 9/11 terror attacks, most Americans reacted by clearly and powerfully supporting their government’s determination to use military force to stop such attacks and to prevent future ones. Most Americans also expressed a new unity, an explicit patriotism and love of their country not seen among us for a very long time.

That is not what we saw and heard from the faculties on most elite campuses in the country, and certainly not from the overwhelming majority of people designated as “intellectuals” who spoke up in public. They offered any and all explanations, so long as they indicated that the attackers were really victims, that the fault really rested with the United States.

As most of us have come to know too well, the terrorists of al Qaeda and other jihadists regard America as “the great Satan” and hate the U.S. not only because its power stands in the way of the achievement of their Islamist vision, but also because its free, open, democratic, tolerant, liberal and prosperous society is a powerful competitor for the allegiance of millions of Muslims around the world. No change of American policy, no retreat from the world, no repentance or increase of modesty can change these things.

Yet many members of the intelligentsia decried the outburst of patriotism that greeted the new assault on America. The critics were exemplified by author Katha Pollitt, who wrote in the Oct. 1, 2001, edition of the Nation about her daughter wanting to fly the American flag outside their window after 9/11. “Definitely not,” Ms. Pollitt replied. “The flag stands for jingoism and vengeance and war.”

Such ideas still have a wide currency, reflecting a serious flaw in American education that should especially concern those of us who take some part in it. The encouragement of patriotism is no longer a part of our public educational system, and the cost of that omission has made itself felt. This would have alarmed and dismayed the founders of our country.

Jefferson meant American education to produce a necessary patriotism. Democracy—of all political systems, because it depends on the participation of its citizens in their own government and because it depends on their own free will to risk their lives in its defense—stands in the greatest need of an education that produces patriotism.

I recognize that I have said something shocking. The past half-century has seen a sharp turn away from what had been traditional attitudes toward the purposes and functions of education. Our schools have retreated from the idea of moral education, except for some attempts at what is called “values clarification,” which is generally a cloak for moral relativism verging on nihilism of the sort that asserts that whatever feels good is good.

Even more vigorously have the schools fled from the idea of encouraging patriotism. In the intellectual climate of our time, the very suggestion brings contemptuous sneers or outrage, depending on the listener’s mood. There is no end of quoting Samuel Johnson’s famous remark that “Patriotism is the last refuge of a scoundrel,” but no recollection of Boswell’s explanation that Johnson “did not mean a real and generous love for our country, but that pretended patriotism which so many, in all ages and countries, have made a cloak for self-interest.”

Many have been the attacks on patriotism for intolerance, arrogance and bellicosity, but that is to equate it with its bloated distortion, chauvinism. My favorite dictionary defines the latter as “militant and boastful devotion to and glorification of one’s country,” but defines a patriot as “one who loves, supports, and defends his country.”

That does not require us to denigrate or attack any other country, nor does it require us to admire our own uncritically. But just as an individual must have an appropriate love of himself if he is to perform well, an appropriate love of his family if he and it are to prosper, so, too, must he love his country if it is to survive. Neither family nor nation can flourish without love, support and defense, so that an individual who has benefited from those institutions not only serves his self-interest but also has a moral responsibility to give them his support.

Thus are assaults on patriotism failures of character. They are made by privileged people who enjoy the full benefits offered by the country they deride and detest, but they lack the basic decency to pay it the allegiance and respect that honor demands. But honor, of course, is also an object of their derision.

Every country requires a high degree of cooperation and unity among its citizens if it is to achieve the internal harmony that every good society requires. Most countries have relied on the common ancestry and traditions of their people as the basis of their unity, but the United States can rely on no such commonality. We are an enormously diverse and varied people, almost all immigrants or the descendants of immigrants. The great strengths provided by this diversity are matched by great dangers. We are always vulnerable to divisions among us that can be exploited to set one group against another and destroy the unity and harmony that have allowed us to flourish.

We live in a time when civic devotion has been undermined and national unity is under attack. The idea of a common American culture, enriched by the diverse elements that compose it but available equally to all, is under assault, and attempts are made to replace it with narrower and politically divisive programs that are certain to set one group of Americans against another.

The answer to these problems and our only hope for the future must lie in education, which philosophers have rightly put at the center of the consideration of justice and the good society. We look to education to solve the pressing current problems of our economic and technological competition with other nations, but we must not neglect the inescapable political, and ethical, effects of education.

We in the academic community have too often engaged in miseducation. If we encourage separatism, we will get separation and the terrible conflict in society it will bring. If we encourage rampant individualism to trample on the need for a community and common citizenship, if we ignore civic education, the forging of a single people, the building of a legitimate patriotism, we will have selfish individuals, heedless of the needs of others, the war of all against all, the reluctance to work toward the common good and to defend our country when defense is needed.

The civic sense that America needs can come only from a common educational effort. In telling the story of the American political experience, we must insist on the honest search for truth; we must permit no comfortable self-deception or evasion, no seeking of scapegoats. The story of this country’s vision of a free, democratic republic and of its struggle to achieve it need not fear the most thorough examination and can proudly stand comparison with that of any other land.

In the long and deadly battle against those who hate Western ideals, and hate America in particular, we must be powerfully armed, morally as well as materially. To sustain us through the worst times we need courage and unity, and these must rest on a justified and informed patriotism.

http://online.wsj.com/articles/donald-kagan-democracy-requires-a-patriotic-education-1411770193?mod=trending_now_1

Apr 23

Like HAL 9000, TABOR’s programming overrides will of voters

We disagree.  TABOR is the will of the voters.

What do you expect from Carol Hedge’s party when they can’t tax, tax, and tax some more so they can spend, spend, spend until Daddy takes the T-Bird away…. TABOR only says you can’t raise taxes without the voters approving the tax.

OPINION

Like HAL 9000, TABOR’s programming overrides will of voters

By Carol Hedges
Guest Commentary

HAL 9000, the mellow-voiced but malevolent-minded computer from "2001: A Space Odyssey." (Thinkstock)

HAL 9000, the mellow-voiced but malevolent-minded computer from “2001: A Space Odyssey.” (Thinkstock)

The Taxpayer’s Bill of Rights, or TABOR as most Coloradans know it, is frequently acclaimed as carrying out the will of voters. But as recent events show, it’s doing the opposite.

Would Colorado voters really have approved TABOR in 1992 if they had known it could prevent their communities from accepting state emergency funds after natural disasters like wildfires and floods? Would they have voted for TABOR if they’d known that it could unexpectedly cut taxes on marijuana that voters had overwhelmingly approved in two elections?

Rather than being a tool used to express the people’s will, TABOR works more like a computer with a mind of its own that carries out its preprogrammed mission automatically, oblivious to voters and to their elected officials.

We now have a new political structure – the HAL 9000 form of governance, modeled after the mellow-voiced but malevolent-minded computer in “2001: A Space Odyssey.”

Many Coloradans know TABOR mandates tax elections. But it does so much more. Continue reading

Apr 03

Guest Commentary: Double Down and Defend TABOR

Dustin ZvonekBy 

There’s good news and bad news for Coloradans as the annual state budget battle looms.

The good news, if you tend to focus on the revenue side of the ledger, is that the state is relatively flush with cash at the moment.

This helps explain the extra spring in the step one notices in legislators, lobbyists and special interests swarming the capitol, as they imagine all the wonderful things they can do with that windfall.

But this can also be bad news if you tend (as I do) to take the taxpayer’s point of view, since the resulting feeding frenzy could leave little thought to socking-away savings or returning a dividend to taxpayers as required by the Taxpayer’s Bill of Rights.

You must remember TABOR, approved by voters back in the early 1990s? It’s been an invaluable ally to the state’s bill-payers ever since, which also makes it the bane of politicians and spending interests, who deeply resent the restraints it imposes on their ability to tax and spend at will.

Every budget season the debate stirs anew over whether TABOR has been good or bad for the state.  And this year that debate has taken on a new urgency for a number of reasons. Continue reading

Mar 31

Lawsuit against TABOR

from the April edition of the Naysayer newsletter from historian, author, and social critic Phil Goodstein.
Note a different location, La Casa de Manuel at 3158 Larimer, for the Naysayers’ meeting at 5:30 p.m. on Saturday, April 4.

The Democrats’ thorough contempt of voters and popular democ­racy is endless. It has surfaced again in the lawsuit filed by party lawmakers against the Taxpayer’s Bill of Rights (TABOR). The citizenry adopted this amendment to the state constitution in 1992, partially in reaction to the extravagant handouts and giveaways of the government to private businesses and the scam of Denver International Airport.
Ever since its passage, the governing class has raged against it. This refers to the political elite. Far from seeing themselves as representa­tives of the public, designed to get the government to work for everyday people, they are essentially representatives of the government who try to impose the dictates of the bureaucracy on the populace. They particularly call for ever greater pay for public officials, seeing them­selves as the enlightened guardians of civilization while they surround public buildings with goons to defend the government from the popu­lace. Such ideologues rail against TABOR precisely beside it is designed to check the usual plunder of officeholders with their give­aways to politically well-connected donors.
While endlessly attacking TABOR, the governing class has never tried to repeal it through an open and honest referendum. Rather, as is its wont, it has employed stealth. Its latest scheme is a federal lawsuit, claiming the act is unconstitutional because it ties the hands of lawmak­ers in deciding how much they can tax the populace. In other words, rather than having the courts respect the decision of the electorate, the governing class wants sweeping judicial intervention whereby ap­pointed jurists, with no public accountability, will allow it to have its way despite the mandate of the citizenry. Precisely such policies and arrogance are what fuel the massive alienation of the citizenry from the government. For so illustrating their elitism and contempt for every­body except their cherished government, those pushing the TABOR suit are an Associate Naysayer of the Month.

http://denverdirect.blogspot.com/2014/03/lawsuit-against-tabor.html

Mar 22

A fee or a tax? Guarding TABOR against lawsuits

By Brian Vande Krol 

Guest Commentary

TABOR author Douglas Bruce collects political signs to be placed in high traffic areas of Colorado Springs rebuffing efforts against Referendum C, amending

TABOR author Douglas Bruce collects political signs to be placed in high traffic areas of Colorado Springs rebuffing efforts against Referendum C, amending TABOR, in November 2005. (Chuck Bigger, Special to The Denver Post)

 

 

To fee, or not to fee. That is the question.

Whether ’tis Nobler in the wallet to suffer

The Fees and Enterprises of outrageous Governance,

Or to file suits against CBE,

And by opposing end them?

A Colorado organization has filed an appeal to overturn a Denver District Court finding about the Taxpayer’s Bill of Rights (TABOR). We believe the trial court erred in finding that Colorado’s Bridge Enterprise (CBE) conforms to TABOR.

In 2010, the legislature created the CBE to repair and maintain bridges. The CBE was called an “enterprise” so it could issue debt without a vote of the people, as is otherwise required by TABOR. The CBE already has issued $300 million in debt and plans more (up to $1 billion).

An enterprise is a government-owned, self-supporting business, which is exempt from TABOR restrictions. The legislature also authorized the CBE to impose a new charge on vehicle registrations. Known as the bridge safety surcharge, it was designated for repair and maintenance of state-owned bridges. But the CBE had a problem. Because the charge is not a fee for service, it functioned like a tax, which requires a vote of the people.

Disinclined to allow Colorado’s constitution to stand in the way, the CBE called it a fee and hoped the label alone would be enough to avoid a tax election.

In 2012, the TABOR Foundation sued to reverse the tax and stop the issuance of more debt, arguing that the fee is actually a tax, and that the CBE is not a qualified enterprise and cannot issue debt without a vote of the citizens of Colorado. Continue reading

Mar 17

The Court of Appeals’ Anti-TABOR Decision

The Court of Appeals’ Anti-TABOR Decision

March 17, 2014 by Rob Natelson

041410 Rob Natelson-2The U. S. Court of Appeals for the Tenth Circuitrecently refused to dismiss the suit by various public sector interests to invalidate Colorado’s Taxpayer Bill of Rights (TABOR). The plaintiffs claim that TABOR violates Article IV, Section 4 of the U.S. Constitution. That provision is called the Guarantee Clause because it guarantees that the states will have republican forms of government.

However, the Court of Appeals addressed only standing and justiciability issues, and allowed further hearings on the Guarantee Clause issue.

The Guarantee Clause was designed to prevent states from becoming monarchies, dictatorships, or anarchies. It is totally inapplicable to TABOR,which simply requires that certain conditions—such as popular votes or legislative supermajorities—be met before the legislature can make designated increases in taxes, spending and debt. Although it is common in Colorado to claim TABOR is “unique,”  in fact, it is only one of the stronger fiscal-restraint provisions that appear in the constitutions of 49 states. (The exception is Vermont.)

Restraints of this kind are called “TELs”—tax and expenditure limitations. Even the U.S. Constitution imposes such restraints on Congress. For example, it requires direct taxes, other than the income tax, to be apportioned among states by population, and it imposes a flat ban against taxes on exports. Continue reading

Mar 15

Their Power

 

Paul Jacobs pictureTheir Power

Boo hoo.

Thirty-three hifalutin members of Colorado’s political elite — state legislators, former legislators, board of education officials, city and county politicians, and assorted insiders — are whining as plaintiffs in what’s called a federal case.

Why? They lost an election … in 1992! Now, as the federal 10th Circuit Court of Appeals put it, “Plaintiffs claim that they have been deprived of their power over taxation and revenue.”

Over 22 years ago, Coloradans petitioned the Taxpayer Bill of Rights onto the ballot and voters passed it. Known as TABOR, the constitutional amendment limits the growth of government spending, unless voters approve higher spending levels. It also requires voter approval for tax increases, except in an emergency. The politicians objected at the time, but have since lacked both the courage and the democratic sensibility to take the issue back to the people.All this by routine.

Instead, they’re suing to overturn the result. Continue reading