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‘Contract for Colorado’ takes up Clear The Bench Colorado themes, tacitly endorses reforming Colorado Supreme Court

by | 5:56 pm, November 23, 2009 | Comments Off

Today’s announcement (with much fanfare and commentary) of a ‘Contract for Colorado’ emphasizing key principles, positions, or policy prescriptions for conservative candidates for Colorado statewide office picked up on several key themes long espoused by Clear The Bench Colorado.  (Although Clear The Bench Colorado is not affiliated with any political party nor is it partisan in orientation, it does stand for certain key principles - most prominently, holding the judicial branch accountable to the Constitution and the rule of law).

The most obvious correlation or thematic endorsement comes in at #17 (of 20 items):

17. I will appoint conservative judges who respect the Constitution and try to interpret laws, not make them.

Irrespective of whether one characterizes good judges as conservative, constructionist, or just plain constitutionalist, Clear The Bench Colorado exists to hold our Colorado Supreme Court justices accountable to the people, to the Colorado Constitution, and to the rule of law.

Other provisions of the ‘Contract for Colorado’ (also termed the “Platform for Prosperity”) that align with positions taken by Clear The Bench Colorado include:

1. I will veto any bill and oppose any referendum or initiative that seeks to increase state taxes, or temporarily or permanently relax any spending cap or TABOR revenue limit.

This common-sense stance would hardly be worth mentioning, much less given pride of place (the #1 slot) were it not for the Mullarkey Majority’s relentless efforts to undermine or outright eliminate the Taxpayer’s Bill of Rights (TABOR) in a series of increasingly aggressive and unconstitutional rulings.   It is clear that the people of Colorado strongly support this provision of the state Constitution, and defend it against judicial attempts to “interpret” it out of existence in pursuit of a personal, partisan agenda.

4. I will veto, or refer to the public for a vote, any significant fee increase.

Again, this issue would not exist except for last year’s ”November Surprise” unconstitutional ruling by the Mullarkey Majority on the Colorado Supreme Court that effectively eliminated the revenue restrictions on funds collected by “fees” as opposed to taxes - while maintaining the legal loophole allowing “fees” to be imposed without a vote of the people, as is constitutionally required for new or increased taxes.  Thanks primarily to the efforts of Clear The Bench Colorado, public awareness of this issue - and justified anger with the legislators, executive, and unjust justices of the judicial branch who perpetrated this end-run around the Colorado Constitution - is already high, and growing.

6. I will work to reverse the massive increase in property taxes brought about by Governor Ritter’s mill levy freeze, and the car tax increase imposed by SB 09-108.

Clear The Bench Colorado was formed specifically in reaction to the Mullarkey Court’s ruling upholding the clearly unconstitutional so-called “Mill Levy Tax Freeze” ruling (which not only effectively increased property taxes, but also eliminated constitutional protections for a whole list of tax credits & exemptions - in other words, taxes you don’t (or at least didn’t, before the ruling) have to pay).  Clear The Bench Colorado was also among the first and strongest critics of the Colorado Car Tax and other taxes posing as a “fee” increase enabled by the Mullarkey Majority’s November Surprise ruling.

20. I will support efforts to reinstate a meaningful limit on state spending growth

The ‘Contract for Colorado’ final item would also be a moot point but for the Colorado Supreme Court “case that never was” - a legal challenge to the Colorado Legislature’s unconstitutional repeal of the Arveschoug-Bird 6% limit on the growth of state spending in the 2009 legislative session (SB 228) did NOT emerge because it was apparent that “the fix was in” following the Colorado Supreme Court’s blatantly unconstitutional ruling in the “Mill Levy Tax Freeze” case.  The Mullarkey Majority thus “aided and abetted”  the commission of a crime against the Colorado Constitution without even having to lift the proverbial pen to paper - and has clearly emboldened a legislature (and governor) in pursuit of every last dime they can squeeze out of Colorado citizens to spend according to their priorities.

A full 25% (5 out of 20) of the items on the Contract for Colorado/Platform for Prosperity list are derived from issues raised by Clear The Bench Colorado in opposition to an out-of-control, unaccountable Colorado Supreme Court - lending weight to Director Matt Arnold’s statement that casting “NO” votes on retaining the four unjust justices of the Mullarkey Court (Justices Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) in office may be the most important votes cast by Colorado citizens in November 2010.

No contract or platform is required to inform yourself on how - and why -  you can and should exercise YOUR right to vote “NO” on retaining the four unjust justices of the Mullarkey Majority (Justices Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your constitutional rights: your right to vote on tax increases, your right to defend your homes and business from seizure by rapacious governments, and your right to enjoy the benefits of the rule of law, not rule by a partisan majority of activist, agenda-driven Colorado Supreme Court “justices.”  Support Clear The Bench Colorado with your comments (Sound Off!), your contributions, and your “NO” vote on retaining these unjust justices in 2010!

Category: Colorado Supreme Court, PPC, TABOR
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