The dwindling power of “We the People”

Issues which appear to be “no-brainers” often contain a series of unintended consequences.  The Colorado Observer is now warning that voter oversight of taxes, which was extended to voters through the TABOR constitutional amendment, is now vulnerable, due to yesterday’s DOMA ruling.

"'[T]he court’s decision opens the door for state officials to ignore laws enacted via ballot initiative, since the voters who passed them now have no standing to defend the law in federal court,' ... As the 2014 election approaches in Colorado – and with it the possibility of re-election for Democratic Governor John Hickenlooper and the potential replacement of term-limited GOP Attorney General John Suthers with a Democrat – some conservatives are concerned that liberals may try to re-create a Prop. 8-style scenario – killing TABOR by simply refusing to defend it."

Some Coloradoans have questioned the wisdom of TABOR but voter control of taxes is not the only issue of concern. Back in January the Independence Institute, a non-profit, nonpartisan Colorado think tank, expressed similar concerns about consequences that include destabilizing voter initiatives while advancing special interests.

"If the plaintiffs win, the result will be legal and practical chaos, not just in Colorado but across the country. This is because the theory of the lawsuit is that any fiscal restraints on a state legislature render that legislature less than “fully effective” and therefore “unrepublican.” Special interests can employ this theory to destroy well-founded and long-standing safeguards against legislative fiscal abuse.  Furthermore, they can use the same theory to attack the voter initiative and referendum process, and other constitutional limits on the power of state politicians."

That the DOMA ruling may have repercussions is even further evidenced in the blistering, dissenting opinion offered by Justice Scalia. Scalia writes:

 "The Court is eager—hungry—to tell everyone its view of the legal question at the heart of this case. Standing in the way is an obstacle, a technicality of little interest to anyone but the people of We the People, who created it as a barrier against judges’ intrusion into their lives... It is an assertion of judicial supremacy over the people’s Representatives in Congress and the Executive. It envisions a Supreme Court standing (or rather enthroned) at the apex of government, empowered to decide all constitutional questions, always and everywhere 'primary' in its role."

This national issue may have local implications, so Fort Collins citizens should be aware. A primary goal of this page has always been to assert the power of “We the People.” Now, more than ever,  we must be vigilant to affirm our rights.