The Rule of Law

The Rule of Law

I couldn’t be more disappointed in the outcome of the special session. I’m not going to break down everything that happened over the last two days. You can read the Denver Post story (linked above) for that, or their Monday evening editorial here: “Shutting Down Special Session Spiteful and Obstructionist.”

And if you missed my blog Sunday about why we were called back into a special session, you can read it here.

For now, I just want to share a few reflections on the rule of law. As we worked to pass a simple solution to what was an innocent mistake, we grappled with a challenging constitutional question. Can the legislature fix a mistake by closing an inadvertent tax loophole, or does TABOR require us to send this question back to a vote of the people?

Based on the most recent rulings of the Colorado Supreme Court and the Colorado Court of Appeals, it’s pretty clear that this can be done by the legislature. But if you read TABOR one sentence at a time, you could easily come away with the wrong impression.

The oath I swore to uphold the Constitution includes a respect for the separation of powers and the role of the judicial branch in interpreting the law. Since Marbury v Madison in 1803, it has been the law of the land that the court’s interpretation of the law IS THE LAW, no matter what any individual’s “plain language” interpretation may be. We can disagree with the law. We can try to change the law. But we can’t just ignore the law.

And yet, the Kochs were once again able to spend enough money to change the narrative: “[T]he conservative Americans for Prosperity, the political arm backed by billionaire brothers Charles and David Koch and led by [Senate President Kevin] Grantham’s former chief of staff, launched a campaign to build opposition to the special session among rank-and-file Republicans. The group’s activists made more than 1,000 calls and sent more than 700 emails to targeted lawmakers.” (Denver Post 10/03/2017)

Why did they do this? Were they truly trying to stand up for the people purchasing recreational marijuana to keep their sales taxes a lower?

Or were they just trying to score points against the Democrats?

I’ll leave it to you to make up your own mind about that one.

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