The U.S. 10th Circuit Court of Appeals has agreed to hear an appeal of a lower federal court’s ruling that allowed a landmark challenge to the Taxpayer’s Bill of Rights to move forward.

Who is in charge of the American republic?

In 1992 Coloradans voted to amend their state constitution in order to impose restraints on their government’s power to tax and spend. The Colorado Taxpayer’s Bill of Rights (TABOR) has since given citizens the final say on new or increased taxes and spending.

That right, however, is now under threat from Kerr v. Hickenlooper , a lawsuit calling into question TABOR’s constitutionality. A federal appellate decision allowing this lawsuit to proceed is likely to reverberate in shockwaves throughout the nation.

Controversial from its inception, opponents of TABOR were concerned the law would make it more difficult for government to pursue costly new programs or to increase funding for existing programs. But the people spoke definitively when they adopted TABOR, both because it’s their tax dollars at stake and because they believed that government exists to serve their interests.

Not surprisingly — having lost in the court of public opinion — TABOR’s opponents have turned to lawsuits. They first brought suit in state court, arguing that TABOR’s fiscal limitations were somehow in conflict with the Colorado Constitution’s requirement that the state must provide adequate funding for public schools.

Never mind that TABOR allows schools to receive continued funding at existing levels, with annual adjustments for inflation and population growth. TABOR even allows for new or increased taxes when the citizens of the community approve the measure in a vote.

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