“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
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...
Via Derek Muller at Excess of Democracy, last week the Tenth Circuit found a guarantee clause claim justiciable. Here is the opinion in Kerr v. Hickenlooper, which is challenge to Colorado’s constitutional limits on the legislature’s power to tax. ...
Regarding this post on the guarantee clause challenge to Colorado’s anti-tax initiative, Derek Muller writes: I had two quick follow-ups, if you’re interested in exploring further. First, don’t you think that “the United States” might include the federal courts...
At the Excess of Democracy blog, Derek Muller (Pepperdine Law) has an interesting post on Kerr v. Hickenlooper, the case claiming that Colorado lacks a republican form of government, as required by Article 4, Section 4 (the guarantee clause). As he explains: In 1992,...
