Colorado Goes to the Supreme Court to Defend TABOR
Three years ago, a group of primarily government plaintiffs sued in federal district court to void Colorado’s Taxpayers Bill of Rights (TABOR). TABOR allows the people, not just the legislature, to vote on most tax increases, most debt increases, and some spending hikes. The plaintiffs argued that the 20-year old state constitutional provision violated the […]
The Court of Appeals' Anti-TABOR Decision
The U. S. Court of Appeals for the Tenth Circuit recently refused to dismiss the suit by various public sector interests to invalidate Colorado’s Taxpayer Bill of Rights (TABOR). The plaintiffs claim that TABOR violates Article IV, Section 4 of the U.S. Constitution. That provision is called the Guarantee Clause because it guarantees that the […]
The Court of Appeals’ Anti-TABOR Decision
The U. S. Court of Appeals for the Tenth Circuit recently refused to dismiss the suit by various public sector interests to invalidate Colorado’s Taxpayer Bill of Rights (TABOR). The plaintiffs claim that TABOR violates Article IV, Section 4 of the U.S. Constitution. That provision is called the Guarantee Clause because it guarantees that the […]
Top Denver Post Columnist Exposes Weakness of Anti-TABOR Theory
Veteran Denver Post (and former Rocky Mountain News) columnist Vincent Carroll writes here about the overweaning ambition of those who support the anti-TABOR lawsuit. That lawsuit claims that because Colorado’s Taxpayer Bill of Rights (TABOR) imposes fiscal limits on the power of the state legislature—that is, restricts lawmakers’ power to tax, spend, and borrow— it […]
Independence Institute Moves to Protect TABOR in U.S. Court of Appeals
The Independence Institute is once again defending the Colorado Taxpayers Bill of Rights against attack. II has filed an amicus curiae (“friend of the court”) brief with the U.S. Court of Appeals, shooting holes in the plaintiffs’ claim that allowing the people to check the state legislature’s financial powers is somehow “unrepublican.” The national think […]
New II Issue Paper Rebuts Myth that Citizen Review of Laws and Taxes Violates the Republican Form
If you are exposed to enough politics, sooner or later you’ll hear the old saw that the U.S. is “a republic and not a democracy.” Along with that saying goes the following claim: Allowing voter initiatives and referenda is unconstitutional: If a state lets voters enact laws or veto tax hikes, the state is too […]
The Great Forgetting

The meaning of some of the Constitution’s 18th century terminology was lost during the 19th century, leading to widespread misunderstanding.