The Attack on Colorado’s TABOR and the Threat to Other States

January 9th, 2013 by admin Categories: Issue Papers, Publications, Revenue, TABOR, budget, constitution, initiative, petition process, spending, state, tax, taxes, taxpayer No Responses

A lawsuit challenging the constitutionality of Colorado’s Taxpayer’s Bill of Rights (TABOR) has dire implications that extend far beyond the boundaries of Colorado. The theory of the lawsuit can be used to void well-founded safeguards in the constitutions of almost all other states.

In Independence Issue Paper 12-2012, Professor Rob Natelson, II’s Senior Fellow in Constitutional Jurisprudence, debunked the lawsuit’s claim that TABOR violates the requirement that each state have a “republican form of government.” In this Issue Paper, Professor Natelson and Institute intern Zak Kessler demonstrate the practical implications of the lawsuit.

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.

Why college costs so much: government financial “aid” is more harm than “aid”

April 13th, 2012 by Brian T. Schwartz Categories: Opinion Editorials, education, spending No Responses

Tax-funded financial aid “results in increased tuition, leading to political pressure to further increase aid. This in turn leads to higher tuitions

Is a Balanced Budget Amendment “Delusional?”

March 15th, 2012 by admin Categories: Barry Poulson, Opinion Editorials, Publications, spending No Responses

By Barry Poulson, PhD, Representative Spencer Swalm and Representative Ed Casso
During the past year both the House and Senate failed to pass a resolution calling for a Balanced Budget Amendment to the Constitution. Resolutions proposing a Balanced Budget Amendment have failed numerous times in Congress over the past half century; in 1995 the Amendment passed [...]

The Changing Role of Government, 1850 to 2011

August 27th, 2010 by jlongo Categories: Featured, government, limited, moral, reclaim, spending, taxes, tom ryan No Responses

A good friend of the Fiscal Policy Center and Free People, Free Markets alumni Tom Ryan has a wonderfully informative organization and website called Reclaiming Moral Government. Tom has created a slide show that displays the changing role of government from 1850 to present day.