TABOR suit assumes we're sheep

(Denver Post, Feb. 21) Mobilize the militia. Fire up the Humvee. Get down the musket off the mantelpiece. Boulder is preparing to invade Colorado. Yes, a lawyer from up in the progressive paradise says that your right to vote on taxes violates his constitutional entitlement to ever-increasing teacher salaries and NEA indoctrination of our kids. The invasion is no joke, because Herbert Fenster is a legal heavyweight and his intended enforcer is a robed priesthood answerable to no one. TABOR could be in trouble. Fenster will ask the courts to strike down the Taxpayer’s Bill of Rights in our state constitution, whereby citizens have the last word on taxes and debt, under his theory that taxation by elected legislators, not you and me, is essential to “a republican form of government” as guaranteed to each state by the U.S. Constitution.

Some theory. Major premise: “The power to tax is the power to destroy,” as John Marshall warned Americans two centuries ago. Minor premise: Colorado’s people, explicitly sovereign under our 1876 constitution, have limited the taxing power with a 1992 amendment. Conclusion, according to Fenster: The General Assembly must be given unlimited power to destroy.

Who is to ax TABOR? Not the ordinary working Coloradans who sweat the jobs that bring the paychecks that yield the taxes that reduce the take-home that feeds the family. That would call for a ballot issue and a campaign, you see. It would require persuading too many selfish folks who don’t realize that others know what’s best for them. Fenster of Boulder would rather just persuade a few enlightened judges.

We could try to antidote this poison cocktail of elitism and illogic with facts. We could bring data to show that tax limitation over the past two decades has helped Colorado’s economy to thrive competitively, while buffering public budgets from the nightmare imbalance of states like California. We could cite studies tracing the dysfunction of public education to structural, not fiscal, causes. But that’s not the real issue.

The issue is whether we’re fit to be free – we the self-assertive and self-reliant Westerners, we the people. Herb Fenster and his liberal posse, decent Americans as best I know, don’t think so. They want the unelected judiciary to take our votes away from us because we’re uncaring toward children. What’s scary is that they may succeed, unless we raise the kind of hell that free men raise when liberty is threatened.

I don’t just mean filing legal briefs. A defense in court will be needed, and TABOR advocates will mount one. Nor do I just mean winning the debate. Montana's Robert Natelson and many other law professors could school Fenster in the constitutional acceptability of “direct citizen lawmaking” in both the Founders’ intent and case law.

But along with all that, we need the tea-party spirit. Absent an aroused and determined citizenry, neither law nor logic nor the majesty of the Supreme Court nor even the powers of Congress are now enough to safeguard limited government, so far gone is the old American republic with its “Don’t tread on me” ethos.

In the Reynolds case of 1964, the US Supreme Court imperially banned state senates from being districted as the U.S. Senate is. Constitutionally unwarranted and outrageous, but we swallowed it. Will the Fenster case tempt the Supremes to a similar tyrannical ban on tax limits? It could – and even if it does not, this should be a wakeup call for patriots.

Those seeking to simply gavel TABOR down will try something else if this fails. They are emboldened and shameless. They evidently believe Dostoevsky was right when he predicted mankind will trade “the ill-fated gift of freedom” for bread and lies. They assume that Tocqueville’s prophecy of “soft despotism” gradually making Americans a nation of sheep has come true. Has it?

Pick up that pencil

(Denver Post, Feb. 7) “Both ends of the political spectrum are disgusting,” said reader Bill Hoppe in an email after my Jan. 24 column on bipartisan irresponsibility. “It becomes increasingly difficult to believe in our legislature at any level.” Deborah Kelly’s letter to the editor, published here on Jan. 31, was equally despairing: “I can’t afford health insurance, and after the Supreme Court decision regarding campaign financing, now I can’t afford to vote either.” As we watch the messy process of self-government in a free society, disgust and discouragement may tempt us all. While the reaction is only human, the answer is not to drop out. Rather the American way is to pick an entry point and plunge into the process for our own good. Its openness is a marvel, too little understood. Deborah should consider that she can’t afford not to vote. And maybe with her ability to turn a phrase, she could help fellow dissidents argue down the political ads big business and big labor can now run. Bill should realize that the responsible center is wherever he is. As for “believing in” our legislators, why? They aren’t deities, just people. Motivating them is possible for that very reason, though.

We the people employ every public official in the land. Through our votes we can hire and fire them all – even the judges, who can be removed directly by state retention elections or indirectly by federal impeachment. It happens seldom, only because citizens have been lulled into forgetting our own power. Does last year’s wave of protest signal that this year we’ll finally awaken? The red tide for Brown in blue Massachusetts suggests we may.

Many of the state senators and representatives I served with were easily motivated by reminders of the next election. In some cases, too easily – it was said of Rod the Republican and Don the Democrat (not their real names) that they quaked before a few phone slips from constituents as if it were a full-on lobbying campaign. More’s the pity if good folks like Bill and Deborah yield to discouragement instead of phoning in their concerns.

One of my greatest pleasures since leaving the legislature has been getting to know a constant stream of such patriots-in-the-making who come around seeking either entry into the process or encouragement to plunge. I should have one of those “Doctor Is In” signs like Lucy in the comics. Her nickel fee wasn’t nearly as enriching as the satisfaction this over-the-hill politico gets from nurturing the new crop.

Businessman Tom wanted an introduction to tea-party leaders, which I made – along with arrangements for him to help a congressional candidate. Retired teacher Mel brought an inspirational article about the Constitution that we’ll place with a local blog. Consultant Claire had ideas for small-business activism but no audience; she’s now on the GOP breakfast circuit. Undergrad Kim and executive Joan both aspired to the foreign service, for which I tried to give age-appropriate counsel.

Candidates also come knocking, of course, and doing my bit for them feels good. But it’s the “wanna make a difference” private citizens who inspire me most. If some aim awfully high – such as Cliff from church with his health care agenda, or lawyer Mike with his plan for drafting the next president – all partake of the minuteman spirit that is America at its best. None are bogged in despair.

My friend Francisco, an American by choice and an engineer turned artist in midlife, quotes something Van Gogh wrote when all seemed hopeless: “I shall get over it, I shall pick up my pencil, and I shall draw again.” Our hope for 2010 comes not from the White House, but from citizens of all parties more ready than ever to pick up that pencil and participate.

Element R takes charge

(Denver Post, Jan. 24) Why did Gov. Bill Ritter fold his reelection campaign? Why is Sen. Michael Bennet so far behind in the polls? Why did Scott Brown win in Massachusetts? Why is Barack Obama struggling to save his presidency, one year after taking office in triumph? Because Americans have completely lost patience with irresponsibility. For years this column has talked of the need for a responsibility movement to challenge both political parties. “We’ll call it Element R and launch it today, right here in Colorado,” I wrote in 2007. What the country has seen in recent months is Element R, in fact if not in name, starting to take charge. Surveys foretold what elections in Virginia, New Jersey, and now Massachusetts have confirmed: sharp declines in Democratic support, benefiting Republican candidates but not greatly boosting Republican registration. It’s the independent voters whose ranks are growing. Citizens are less inclined to ally with either the donkey or the elephant. Both have forfeited confidence.

People’s aroused insistence for responsibility instead of irresponsibility, on the part of those we entrust with power, best explains the new political landscape. To start with definitions, responsibility means keeping a trust, doing your duty, facing the music. Whereas irresponsibility means shirking, acting in disregard of consequences, behaving as if 2 and 2 don’t make 4. Examples abound.

Ritter’s fatal wound, absent-father guilt aside, seems to have been either fiscal and executive recklessness or an impending legal-ethical scandal. He might have brazened it out, whatever the case, if years of gubernatorial irresponsibility by the likes of Davis in California, Blagojevich in Illinois, and Sanford in South Carolina hadn’t inflamed public disgust. But in 2010 the odds have become prohibitive, so he’s quitting.

The responsibility deficit for Bennet as an interim senator from Colorado matches that of Martha Coakley in her failure to become an interim senator from Massachusetts. Neither grasped that the country’s tolerance for unserious political palaver-as-usual is exhausted. The national BS detector is pegged. Bennet’s phony indignation over corrupt deals in the health care bill, and then over secret negotiations for same, backed up in neither case by his vote, simply spelled game over.

As for our glib young president, Mr. Obama set a trap for himself on inauguration day. After calling for a “new era of responsibility,” he has proved epically irresponsible ever since – weakening us against our enemies, selling out our allies, ballooning the deficit, expanding government, worsening the recession by bullying business, and obsessing over socialized medicine like Ahab with the whale. No wonder his numbers are at record lows.

The irresponsibility epidemic, a contagion long carried by Democrats but often caught by Republicans as well, finally triggered public fury in last year’s tea parties and townhalls. This is the uprising I’ve called Element R. But is it a movement – perhaps even a force capable of remaking the GOP? Or is it merely an electoral mood?

The responsibility backlash will continue taking its healthy toll. Whether it’s durable enough to take charge, time will tell. Though unaffiliated voters hold the balance of power, the coherence of their views is doubtful. Here in Colorado, it would be interesting to see Element R gel and assert itself to the point of asking questions that the established parties shrink from. These might include:

Does the initiative process make government so responsive as to be irresponsible? Is marijuana prohibition working any better than alcohol prohibition did? In redefining pregnancy, marriage, and parenthood to the vanishing point, have we signed a demographic suicide pact? Is Muslim sharia law compatible with liberty?

Dems and GOP alike have done none too well with our sacred responsibility for “keeping the republic,” in Franklin’s words. May they both feel the righteous wrath of Element R.

Imagine a better legislature

While others play the personality game of who succeeds Bill Ritter, let’s talk policy. Imagine Colorado making itself so attractive to employers that we lead all 50 states in creating new jobs, instead of lagging in 20th place as we did in the decade past (our second-worst showing since 1890). Imagine Colorado becoming a mecca for affordable health care by letting insurers from across the country compete on price and quality in our state marketplace. Imagine forging out as the nation’s futuristic energy leader, the state that builds safe nuclear plants for clean electricity powering homes, businesses, and vehicles. Imagine our schools putting kids’ best interests ahead of union demands with the most charter-friendly policies in America, slashing red tape to empower learning performance. Imagine our university system paying students a 25% dividend on their time and tuition by innovating the three-year college degree.

Imagine a legislature so tough-minded that it would solicit private investors for Colorado’s transportation infrastructure, Indiana-style; clean up the PERA retirement system’s governance to exclude self-serving insiders; impeach the state’s chief justice for rewriting our constitution; and launch an all-out investigation of radical Islam’s influence here.

And imagine a state government so honest that it no longer grabs a 15-month, zero-interest loan from your paycheck in the form of tax withholding. Rather you keep your own money for your own use until the revenue deadline in April each year.

Such imagineering, as the Disney people call it, is great for mind expansion. But don’t expect any of these visions to be realized in legislation when the Colorado General Assembly convenes this week. Majority Democrats, led by House Speaker Terrance Carroll and Senate President Brandon Shaffer, envision our future differently – and for now, citizens have put them in charge.

For now. The ruling party’s legislative work from January to May is their final exam. In November the voters will file a report card on every House member and half the Senate. Some of us hope all the Democrats flunk. To hasten that, Republicans should use the 2010 session to prove that “out of power” does not mean out of ideas.

Snow may be scarce in the mountains, but at the Capitol a blizzard of bills is flying. During these 120 days nearly a thousand proposals will surface. Some will tackle the budget deficit. Others will push hot buttons, from legal pot to illegal aliens. We’ll hear about such bedroom questions as the gun in the nightstand or who shares a pillow. So will they also find time to debate the big-picture policy issues?

Ten are imagined on my list above. GOP legislators, outnumbered in both chambers, can’t pass these good ideas into law. They can't even get many of them to a floor vote where Dems are put on record. But they can certainly propose them as bills, publicize and advocate for them, laying down a marker for the upcoming campaign.

Rep. Spencer Swalm (R-Centennial) is doing just that with his proposal to end mandatory withholding of state income tax, a transparency move to highlight the ever-growing cost of government. “When a taxpayer has to sit down and write a check,” says Swalm, “it wonderfully focuses the mind.”

Businesses, for that matter, shouldn’t pay income tax at all – since they merely pass it along to consumers or squeeze it out of employee payrolls. Spurring an employment boom by axing that tax was one of my recommendations to gubernatorial candidate Scott McInnis in a column last month. His legislative allies should call the Dems’ bluff on job creation with a bill.

By helping Coloradans imagine a better legislature in 2010, Republicans can help themselves back to the majority in 2011. “Boldness has genius, power, and magic in it,” sang that old political balladeer, Goethe.

Coloradan of the Year

(Denver Post, Dec. 27) Remember those times when we thought the world had changed, but it hadn’t? Eight years ago after jihadists attacked the US homeland, and again last year after America elected its first black president, the talk of “forever different” was soon quieted by life’s old patterns. The world does not change, because human nature does not. But an event that did change the world occurred 2000 years ago in the stable at Bethlehem. Religious differences aside, the earthquake of Jesus’ coming is historical fact. The idea of all persons created equal, all endowed with dignity and liberty, arrived with him and has gained steadily ever since. This makes our seasonal celebrations, both sacred and secular, most fitting. Among them is the parlor game of tallying up who made a difference in the old year, amid the gusts of forgettable news and fleeting celebrity. In 2009 the very word “change” devolved from a mantra into a punchline. Yet certain individuals had an impact that deserves recognition as the calendar turns. Editors at Time and Sports Illustrated have crowned their national honorees. On behalf of Rocky Mountain conservatives, here’s my award for Coloradan of the Year.

Who would you choose? And by what yardstick would you decide? I took as jurors Washington, Jefferson, Lincoln, and Grant, spiritual fathers under whose wise and brave influence our state was born. We looked for distinguished contributions by fellow citizens in keeping Colorado true to its heritage. The field was broad and bipartisan.

This was the year that Mike Coffman, Iraq veteran twice over, took his war-fighting savvy to Congress. Ken Salazar, son of the San Luis Valley, became steward of all the nation’s public lands. Douglas Bruce left public office but remained a potent force for limited government through his TABOR legacy. Peter Groff, descendant of slaves, took charge of faith-based programs for schoolkids across the country.

None of them, however, made our top-10 finalists. Nor did Jim Tracy, the managerial wizard who electrified Rockies fans, or Michael Bennet, the education wizard who vaulted into the Senate. Nor did leftist campaign financier Tim Gill or Islamist plotter Najibullah Zazi – though jurors sent them backhanded thanks for puncturing the complacency of many.

As finalists for 2009, the jury salutes Jon Caldara of the Independence Institute, laughing lancer of liberty; Joe Blake of Colorado State, common-sense businessman turned university president; and Mayor Hickenlooper along with Congressman Salazar, two solid Johns who remind us not all Democrats are loony liberals.

Plus Philip Anschutz, philanthropist, media mogul, and rising GOP rainmaker; Vincent Carroll, senior pundit of the right at the old Rocky and now here at the Post; Dick Wadhams, quarterback of the state’s impending Republican revival; James Dobson, radio hall-of-famer and hero of the American family; and Jane Norton, new voice of women conservatives in the West.

But last and loudest, as Coloradan of the Year, we applaud Archbishop Charles Chaput. He did the state proud as a leading signer of the Manhattan Declaration on sanctity of life, dignity of marriage, and defense of religious liberty. His book “Render unto Caesar” is a timely guide to principled citizenship in a nation under God. Four centuries of Americans who pushed westward from the Old World’s exhaustion to the New World’s promise would recognize in Chaput a friend to their souls.

I’m not a Catholic, and some of my ghostly jurors were but hesitant Christians; yet no matter. The good archbishop models self-government and self-giving for Coloradans of all faiths. Tempted to believe we live by bread and circuses rather than by truth and love, our state is continually reminded otherwise by this fearless prelate. Soldier of civilization, man of backbone, Charles Chaput will live in grateful memory many Christmases from now.