DENVER A lawsuit filed Monday attacks Colorados Taxpayers Bill of Rights as a violation of a fundamental American ideal government by representative democracy.
But supporters of TABOR, which gives citizens the right to vote on all tax increases, say they will defend it because it stands as the ultimate power of the people.
Colorado is the only state to require a vote of the people to raise taxes. Voters adopted TABOR in 1992.
The suit in federal court asks a judge to throw out TABOR because it violates the U.S. Constitutions requirement that every state have a republican form of government that is, the people vote for representatives, and the elected officials make the decisions on taxes and other policies.
The lawsuits opening lines cast the argument as a debate that is as old as America itself.
This case presents for resolution the contest between direct democracy and representative democracy, the suit reads.
It quotes extensively from James Madisons Federalist Papers No. 10 on the evils of direct democracy.
Former University of Colorado President John Buechner is one of 34 plaintiffs.
The Constitution guarantees voters the right to elect representatives, and theyre supposed to deal with tough decisions on the budget. TABOR has taken away our right to the republican form of government the Founding Fathers prescribed in the Constitution, Buechner said.
Plaintiffs include five Democratic legislators and several city council members and school board members from both parties. Two retired Republican state lawmakers joined the suit, including the highly respected Sen. Norma Anderson of Lakewood.
But the currently serving Republicans in the Legislature attacked the lawsuit.
The argument is wrapped up in fairly lofty terms, but ultimately, its just snake oil. I wont buy it. I dont think most Coloradans will buy it either, said Senate Minority Leader Mike Kopp, R-Littleton, in a written statement.
Kopp said the lawsuit, if it succeeds, could have implications for all citizen ballot initiatives, not just TABOR.
The legislature derives its powers from the consent of the governed. This lawsuit suggests that we should turn that on its head and remove from the people the power to put a check on their Legislature, Kopp said.
The lawsuit has been a long time in the making.
Republican lawyer Herb Fenster had planned to file the lawsuit in January 2010, but it took until now to assemble the plaintiffs and two law firms to handle the case.
The suit in U.S. District Court in Denver is called Kerr v. Colorado. The lead plaintiff is state Rep. Andy Kerr, D-Lakewood.
Reach Joe Hanel at [email protected].
