A Colorado Constitutional Paradox: Initiatives, Referenda, and the Eclipse of Original Intent in County Governance
• County governments are the only legislative bodies in Colorado which are not subject to the people’s right of initiative and referendum.
• The people’s right of initiative and referendum was placed in Colorado’s Constitution in 1910 by a contentious Extraordinary Session of the Colorado General Assembly, followed by a popular vote of the people.
• Examination of the ratification history shows that application of the initiative and referendum powers to county governments seems not even to have been a subject of discussion.
• The taken-for-granted omission of county governments from the explicit reservation of the powers of initiative and referendum made sense in 1910, when counties were seen as purely administrative arms of the state government with no independent legislative powers or functions of their own.
• The nature and functions of county governments in Colorado have evolved a great deal since 1910; now, county governments manifestly exercise extensive independent legislative powers.
• In our state constitution’s structure, the only source of the county governments’ new and evolving legislative powers is the explicit or implicit delegation of power from the General Assembly; the General Assembly is, of course, subject to the people’s powers of initiative and referendum.
• The result is that if the General Assembly’s power is exercised directly, by the General Assembly itself, the exercise of that power is subject of the checks and balances of initiative and referendum. But strangely, if that same power is exercised secondhand, as when a county government exercises power delegated from the General Assembly, the exercise of the same power is not subject to the constitutional checks of balances of initiative and referendum.
• Thus, in terms of the original meaning of the constitutional amendment which created the initiative and referendum process, county governments are today operating without the appropriate opportunity for direct democracy to remedy legislative abuses or mistakes.
Colorado Labor Law: the Perfect Political Storm
Just when you thought that Colorado labor law is complicated enough, the federal government has decided to get into the act.
Judge Habas Pursuan
(May 2008.) Author: DISTRICT COURT, CITY AND COUNTY OF DENVER COLORADO PDF of full Paper Scribd version of full Paper THIS MATTER comes before the Court for a court trial, commencing on May 5, 2008. The Court took testimony, received exhibits, and heard argument from all parties. The evidence was closed, subject to this Court’s […]
Movie goers in search of an answer to the proverbial concession question: “Would you like a large for a quarter more?”
Reflections on 2007.
Consumers as Smart as Economic Busybodies
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Redefining “Poor”
The modern welfare state has long since gone past food, clothing and shelter. It is now about having a certain quality of life relative to everybody else. It is not about poverty, it is about being “fair”.
Low Expectations Won’t Help Anybody
Lower academic standards for minorities for law firms, or medical practices, or any professional organization are unfair to those who use professional services, unfair to everyone who meets high standards, and unfair in the long run to those it supposed to help.
Michael Moore’s Movie Misdiagnoses Medical Malady
Michael Moore, with his simplistic view of U.S. health care, doesn’t realize that over regulation and government interference drive up costs.
Defenders of Fuzzy Math Do Students a Disservice
The longer a student stays in the Colorado public school system, the less likely he is to be proficient in math.
Big Government Republicans Must Return to Reagan Roots
Every once in a while, somebody writes a book that makes you want to tie complete strangers to a chair and hold the pages in front of them until the writing burns into their eye sockets. The Elephant in the Room is just such a book. Written by journalist Ryan Sager and released only last week, it’s required reading for anyone interested in the future of American politics.
‘Beware the Sin of Californication’
I want to preach to you today about the evils of Californication. Californication shows a terrible lack of moral fiber. Californication seems like fun at first, but has serious consequences down the road. And down that road we will surely go if Referenda C and D pass. The parallels between Colorado and California are astonishing. […]
Citizens to Politicians: We Like TABOR
Colorado citizens not only understand, they support the specific provisions of TABOR.
