Mount Virtus

From Face The State today:

While Gov. Bill Ritter has eagerly insisted that he will appeal a Friday court ruling establishing that a mill levy freeze amounts to an unconstitutional tax increase under Colorado law, members of the state Board of Education, a defendant in the case, remain undecided about whether they will formally join in support of Ritter’s challenge.

It appears the District Court ruling may have emboldened the two Republicans on the State Board to change their mind. The Board meets in executive session tomorrow:

Vice Chairman Bob Schaffer, R-Fort Collins, introduced in April a motion for the board to take a formal position, by way of public vote, on whether the department would “defend the lawsuit or [agree with] the claims against the state.”

Schaffer’s only support came from Littleton. Fellow Republicans Randy DeHoff, D-Littleton, and Chairwoman Pamela Jo Suckla, R-Slickrock, sided with Democrats and voted to defend the lawsuit. At the time, Suckla said, “It is not in the best interest of this board to debate the issue and the case’s merits in a public forum. That is not our job.”

Littleton believes that Friday’s ruling will be enough to persuade Suckla and DeHoff to change their positions. Hudak did not disagree.

Switching from their original votes would mean the State Board would NOT appeal the legal decision to protect the rights of taxpayers from Bill Ritter’s unconstitutional property tax increase.

And Ritter, who intervened to become a defendant in the case, would be defending it all alone.

I haven’t written much about Senate Bill 200, so-called “anti-discrimination” legislation, recently signed into law by Gov. Bill Ritter. But I certainly took notice when libertarian Ross Kaminsky assailed it in his latest Human Events column:

In the quadrennial marathon to see who can be the nation’s worst governor, Colorado’s Bill Ritter is in a full sprint. On Thursday, Ritter signed Senate Bill 200 which expands “anti-discrimination” law to cover sexual orientation, meaning not only homosexuality or bisexuality, but also “transgender status or another person’s perception thereof.”

The bill is so ripe for abuse and creates so much risk for private business that it’s no surprise the ordinarily media-hungry Ritter signed the bill late in the afternoon (too late for most newspapers to cover the story) with no fanfare (although he frequently has bill-signing ceremonies and particularly for measures such as this which have received this much media attention). It isn’t even mentioned on his Web site, whereas a look at the page shows that he routinely issues press releases on bills he signs into law.

It’s hard to disagree with the notion that this new law is bad public policy and represents government overstep and intrusion.

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Yesterday’s Colorado Republican State Convention - with key video at Slapstick Politics and a great recap from Night Twister - was bolstered by the announcement of the taxpayers’ legal victory against Gov. Bill Ritter for his unconstitutional property tax hike.

But Michael at Best Destiny has some sage cautionary advice for Colorado Republicans on how to respond to Friday’s courtroom decision:

Republicans MUST NOT go out in public and seem too giddy about this. They should talk about checks and balances, and limiting the governor’s ability to act unilaterally, and the majority’s clear disregard for the Constitution.

But if they seem like they’re just glad to have the money taken back by the general public, it’ll be a lot harder to convince the electorate that it’s not about handicapping the schools. We’ve seen the Dems win with just such arguments, before–and this time they have Douglas Bruce in the legislature as a target for their ire.

Republicans have to Jiu-Jitsu this and start talking about school innovations, about schools that are succeeding very nicely on the old budget, about New York and Washington schools that get almost twice as much money but are miserable failures, and about how the Dems have voted to remove accountability while turning over more money to schools and a system that is not showing any results. If we get bogged down strictly on the issue of money for the schools, we lose; if we can turn it into a discussion of genuine education reform, I think we can hold our ground on this issue.

Speaking of school innovations, another Denver school seeking autonomy has run into a roadblock from the local teachers union. Bruce Randolph redux, anyone?

From the GOP Convention in Broomfield…

The Rocky Mountain News reports on yesterday’s taxpayer victory in the courtroom:

A law expected to raise $1.7 billion for Colorado schools over the next 11 years is unconstitutional because it gives the state more tax revenue without required approval from voters, a judge ruled Friday.

Latest estimates are actually $3.8 billion, not $1.7 billion, but the news is good just the same.

In his introductory remarks, state party chair Dick Wadhams’ mention of the court ruling against Gov. Bill Ritter’s tax hike earned perhaps the biggest applause from the Republican faithful gathered here at the Broomfield Event Center. If you don’t think this is going to be a major GOP campaign theme heading into November, you haven’t been paying attention.

Two of Colorado’s most established center-right bloggers weigh in on what’s happened to the Republican Party brand and what can be done about it.

Michael at Best Destiny takes a look at a Face The State story on the Republican’s recent plight in Denver’s northwest suburbs and opines loudly about what needs to be done to overcome messaging problems:

. . . .TALK TO EVERYBODY, NOT JUST THE BASE; TALK TO THEM ABOUT KITCHEN TABLE ISSUES, NOT GOP MEAT AND POTATOES; KNOW WHAT MATTERS TO PEOPLE like the economy, stupid; like education, stupid;…

Michael should get paid for his political consultant’s work. I concur that messaging is part of the problem, but in some ways the problem runs even deeper.

Meanwhile, Joshua at View from a Height goes more in-depth to contemplate the life cycle of political parties. While showing he understands the depth of the problem of a Republican Party unmoored from principles and reality, Joshua also advises against what he calls the “worse is better” approach:

The fact is, instead of cynically rooting for disaster, we would be better served to begin rebuilding the party brand now. We should be looking for candidates who stand for something, rather than being happy with the, “well, we’re better than them” line, which has been played out for several elections.

We should be looking for candidates who can begin pushing the Constitutionalist ideals which the rank-and-file expect it to. We should be supporting those candidates.

Agreed. While there may be a cathartic appeal to washing one’s hands of the mess and retiring to cheer for Republicans to be greeted by the electoral woodshed, it’s better to focus positive energy on candidates who have demonstrated a fidelity to “Constitutionalist ideals” - including candidates like Joshua himself.

Build for the future, without needlessly subjecting the nation to extended governance by the Left.

Linda Gorman from the Independence Institute (where I work), in a recent posting on John Goodman’s Health Policy Blog, highlights a myth from the advocacy group Families USA being cited as facts in the current health care policy debate:

Medicaid spending, the group says, creates jobs. By their reasoning, a law diverting the entire GDP of the United States to the Medicaid program would leave the U.S. awash in jobs. By contrast, the group claims the Bush administration’s efforts to rein-in Medicaid spending will leave tens of thousands of people unemployed.

Gorman quickly picks apart the assertion in four points, using a little fact-checking and basic economic analysis. First:

Roughly speaking, for every four jobs created by spending, five jobs (or their equivalent) will be lost by the taxes needed to finance that spending.

Then:

As it turns out, the Bush Administration has not proposed any Medicaid budget cuts!

Next:

Ignoring where the money comes from, if a 0.3% cut leads to a loss of X jobs, the administration’s 7.1% proposed increase must lead to a gain of about 24X jobs.

And finally:

…[E]xpansion of health care spending for the poor often comes at the expense of other services (food, housing, education) they may value more….

Check out the post for more facts and links to sources.

Calling all Colorado candidates for state and county office! Want to catch up on your policy homework? The Independence Institute (where I work) is sponsoring an important event on June 11:

Want your state legislative candidates to be intellectually well-armed for battle on the campaign trail? Then make sure he or she attends our candidates’ briefing on Wednesday, June 11 from 8:30 a.m. to 4 p.m. at the Independence Institute offices. We gather the state’s leading free market experts on everything from TABOR, to transportation, to education, to property rights, to energy policy and more. Candidates will leave well-prepared to debate issues and field questions from friends and foes alike. This event is free of change and open to all state legislative and county commissioner candidates. Seating is limited.

DATE: Wednesday, June 11, 2008
TIME: 8:30 a.m to 4 p.m.
LOCATION: Independence Institute, 13952 Denver West Parkway (Building 53), Suite 400, Golden Colorado 80401 COST: Free of charge for state legislative and county commissioner candidates; other candidates included as seating allows.

TOPICS: (to include but not limited to) TABOR, health care, education, property rights, energy and environment, transportation, second amendment and grass roots organizing.

The Independence Institute will provide lunch and materials.

For questions contact Amy Oliver at amy@i2i.org. For reservations contact Eileen Mahony at EMMahony@gmail.com.

RSVP for this Event

Please spread the word.

There’s a great editorial in the Wall Street Journal today:

If there is such a thing as a useful election defeat, then Tuesday’s Republican loss in a special House election in Mississippi would qualify. Maybe this thumping in a heretofore safe GOP seat will finally scare the Members straight, or at least less crooked.

Followed by a reminder that many members of Congress need to figure out what it is they stand for:

In the Mississippi race, the national GOP tried to link Democratic candidate Travis Childers to Barack Obama and Reverend Jeremiah Wright. One TV ad declared: “Travis Childers: He took Obama’s endorsement over our conservative values.” But Mr. Childers was well known as a cultural conservative who favors gun rights and opposes abortion. In a year when Americans are mad as hell, such a negative attack strategy merely reminds voters that Republicans have run out of ideas.

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The Dead Governors couldn’t even bring themselves to defend their majority Democrat Party for accomplishing so little. So they tried to make fun of the minority Republicans for not getting much done themselves either:

How do you write a critical op-ed about how Democrats talked and Republicans acted without bothering to mention anything that you actually accomplished yourself?

For example: “On health care, we tried to clear away regulatory hurdles…” Good job on trying!

Do Colorado’s Left-leaning online apologists get the irony here? “You Republicans are going to criticize our Democrats for not fixing the state’s problems? Well, I know we were in charge, and there were only 60 of us compared to 40 of you, but you didn’t get anything done either! So take that!”

(Hmm… 60 vs. 40. There must be some connection here to the Democrats’ opposition to education standards for math - I’m not sure where the sex education mandate fits in, though.)

The Dead Governors exemplify the Left’s inability to take responsibility, even when they’re in power. They must be taking cues (here and here and here and here) from their leader: Gov. Bill Ritter.

I about fell out of my chair when I read this local CBS4 TV news story (video also available):

An out-of-state architectural firm has billed an Adams County School District nearly $60,000, for hotels, meals and travel expenses in the last year but the district hasn’t bothered to ask for, or review, a single receipt.

“It’s negligence,” said Kevin O’Brien, a former IRS agent, CPA and business ethics professor at the University of Denver’s Daniels College of Business. “The public has a right to expect there will be some minimum checking on those receipts because its really the public’s money.”

Adams County School District 50 hired Healy, Bender and Associates of Naperville, Ill., last year. The school district enlisted the company to help design a new high school and elementary school and renovate Westminster High School and Ranum Middle School. [emphasis added]

This development is only going to fuel citizens’ distrust of school district management, especially in light of the the Denver Post report that plenty of turmoil already exists over how to spend the $98.6 million bond money approved by local voters in 2006.

Watch the CBS4 news video, if you get a few minutes. Reporter Brian Maass closes with a remark that should inspire gift ideas for School District 50 administrators.
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It’s a classic trick to try to extort taxpayers, yet Bill Ritter and Colorado Democrats are acting as if we’re too naive to see it.

Mr. DNA at Rocky Mountain Right yesterday highlighted a story in the Denver Post where Ritter and other Democrat leaders made an absurd and startling revelation - blaming the Republicans (who are in the minority across the board) for the inability to move forward a transportation agenda:

“I feel like this conversation broke down around politics, that we tried to get the Republicans interested in looking at how we would put together different pots of money,” Ritter said. “We began our conversation very early in the session and could not get the Republican leadership to act on it at all.”

Senate President Peter Groff, D-Denver, said Democrats could never get Republicans to sign on to a plan.

“So, we are now just crossing our fingers and hoping a bridge doesn’t fall down between now” and January, when lawmakers can try again, he said.

What’s the problem? Well, if you go on to read the rest of the story, you’ll see the problem really is that some Democrat legislators (whose party has a 40-25 advantage in the House, and a 20-15 majority in the Senate) wouldn’t go along with Ritter’s plan, because it would have involved voting for a tax increase in an election year. So that’s the Republicans’ fault?
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A busy day, not much time to blog. For those of you following Bill Ritter’s property tax hike on trial, Jon Caldara reports that closing arguments are set for tomorrow morning at 10:00.

With Gov. Bill Ritter’s property tax hike still on trial, the Rocky Mountain News reports that state treasurer Cary Kennedy - who thought up the mill levy “freeze” idea - made a remarkable concession on the witness stand:

State treasurer Cary Kennedy conceded today on the witness stand that a bill passed last year by the legislature alters the way taxes are calculated with the net result that many property owners pay more.

But Kennedy continued to insist the 2007 law, SB 199, does not violate Colorado’s Taxpayer’s Bill of Rights.

O-k….
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Yesterday was the first day of the court hearing on the lawsuit by the Independence Institute (where I work) and Colorado taxpayers against Gov. Bill Ritter’s unconstitutional property tax increase.

Today’s Denver Post explains a key issue behind the plaintiffs’ argument:

They noted that in 1993, the General Assembly amended the School Finance Act to ensure that the property taxes raised for the local share of total program funding for public-school education in each school not violate the revenue cap of the Taxpayer’s Bill of Rights.

But with passage of the 2007 amendment, Ritter used it to freeze mill-levies, the opponents charged. The freeze holds mill levies — the rate at which taxes are charged — in place when they normally would fall, allowing local school districts to collect more tax money. The state, in return, can use the money it saves for other purposes.

“These are property taxes,” said lawyer Richard Westfall in his opening statement Monday in the weeklong trial. “Evidence will show the purpose of the amendment was to shift the tax burden from state to local citizens.”

Over in his account of the first day’s proceedings, Jon Caldara has a great analogy for this transfer:

…[L]et’s say your employer starts paying your personal home mortgage for you so you don’t have to, did he just give you a pay raise? The state lawyers in court today would argue no, because your boss didn’t give you a larger paycheck. The rest of us would recognize it as a raise because one of your big expenses is now being paid by someone else, giving you more cash to spend on other things. The mill levy freeze is helping pay the state’s bill to local school districts - money the state now doesn’t need to pay them.

And our state constitution is very clear. If the state gets more money to spend, it has to the voters for permission first. Our constitution simply says Ask First!

The Post also picks up the solitary argument from the other side’s team of lawyers:

But lawyers for Ritter and the Colorado Department of Education told Habas that TABOR’s revenue and spending limitations are not absolute and that the mill-levy freeze is proper. The TABOR limitations can be changed, weakened or done away with entirely, if voters approve, argued lawyers John Mill and Mark Grueskin. And that is exactly what happened, they told Habas.

The fundamental flaw in the taxpayer-funded government attorneys’ argument is that the de-Brucing elections voters faced in many school districts were not advertised as authorizing tax increases. Caldara highlights an example in the testimony from an elected school board official in El Paso County’s Cheyenne Mountain School District:

He is on a small school board and helped campaign for his school district’s successful de-brucing. He held himself out to his small community and promised that if they voted to pass the de-brucing it would allow the district to keep an extra $120,000 or so in extra revenue. He promised his community it WOULDN’T RAISE TAXES. Bill Ritter’s mill levy freeze has made him into a liar.

Bill Ritter’s mill levy “freeze” made this school board member into a liar, and many other Colorado voters into fools. Stay tuned here and at Jon Caldara’s blog for updates on Day 2 of Bill Ritter’s tax hike on trial.

Liberal Denver Post columnist Susan Greene expresses her frustrations with the Democratically-led state legislature:

After citing budget reform as a top priority, House Speaker Andrew Romanoff has tabled the issue without even a vote in committee. Better to let voters decide than force lawmakers to get their hands dirty, especially in an election year.

After working to raise severance taxes on oil and gas drilling, the legislature has dropped the effort without explanation.

After a blue-ribbon panel met for eight months on transportation funding, lawmakers passed none of its major recommendations.

And after promising voting reform before November’s election, they rubber-stamped a bill to recertify voting machines that the state recently decertified, then called it a day.

The Democratic majority ends its session tomorrow having punted on most of its priorities.

All I can say is, were the legislature quite as unproductive as Greene describes. The only good news is that the last 120 days could have been worse for the Colorado taxpayer. In addition to the wasted time spent debating trivial issues, we could actually be paying a higher car registration tax or even more costly nannyist regulations.

Dare we say the Democrat majority has been afraid of drifting too far Left and losing its power? Well, they still have the massive unconstitutional property tax hike hanging around their collective neck.

If you’re a limited government conservative and you want to stay informed, you really ought to be reading Jon Henke and company over at Q and O. I met Jon at Samsphere in Chicago: he has a wealth of blogging experience, key insights into strategic roles of new media, and a realistic, no-holds-barred view of the political landscape.

Today, following off a Robert Novak column, he makes a point about the chronic, compulsive inability of many Congressional Republicans to get their act together on spending and fiscal issues, a point that is difficult to refute:

Reelecting these guys is like sending Norm Peterson to lead an Alcoholics Anonymous meeting. They’re whipped by Democrats and by the public choice incentives. There’s just no significant ambition to limit government. More importantly, they have no ideas for how to limit the size of government.

To some extent, that’s a failure of the existing Republican leadership. But it’s more of a failure of the larger Limited Government movement that has been captured by Washington, DC. We’ve developed an entrenched bureaucracy devoted more to sustaining and propagating itself than to actually limiting government.

First, many of the GOP members of Congress need to admit they have a problem. Second, members of the Limited Government movement need to decide to stop enabling them. (And not necessarily in that order….)

At long last, court hearings begin today in the case of Gov. Bill Ritter raising Coloradans’ property taxes without a constitutional vote of the people.

From the Denver Post:

The freeze is estimated to bring in $117 million this year and $3.8 billion over a decade, up from an initial estimate of $1.7 billion when it was passed.

Richard Westfall, an attorney for the plaintiffs, said the two sides will call about 10 witnesses, likely including school finance experts, the state treasurer and school board members. Dreyer said Ritter is not expected to testify.

“A lot of the discussion is going to be about addressing pretty esoteric points in the school finance act,” Westfall said.

The trial is scheduled to last a week. It will be heard by Judge Christina Habas, who was appointed by Gov. Bill Owens in 2003.

If the judge rules against the freeze, the state could have to somehow refund the freeze money it has already collected.

“We think the evidence is very clear,” Westfall said. “The voters didn’t approve it.”

Reminding readers that “it’s not the cash, it’s the constitution,” Jon Caldara’s blog offers updates on this week’s legal proceedings to see who will win Round 1: the Governor or the taxpayers. Regardless, the case will end up being appealed to the Colorado Supreme Court.

In a story about the new $18 billion state budget signed by Gov. Bill Ritter, a local Fox TV news station reporter stated:

In education spending, the State of Colorado ranks 49th.

Of course, this sentence is suspect from the start, because it doesn’t tell us whether it’s measuring higher education or K-12 education.

If the article is referring to K-12 education, then it wasn’t true two years ago, it wasn’t true last year, and it isn’t true this year, either.

There are two reliable sources for K-12 education funding data. First, Statistics from the U.S. Census Bureau show Colorado ranks 36th in “current” per-pupil spending. The lowest possible ranking that could be devised shows Colorado at 47th in spending per $1,000 of personal income. Yet this comparison presumes the richer a state is the more it needs to spend.

The U.S. Department of Education ranks Colorado 35th in “current” per-pupil spending, and 26th in “total” per-pupil spending.

Other sources, like Governing magazine and the National Education Association, consistently have ranked Colorado near the middle in per-pupil K-12 education spending.

My guess is that the reporter was trying to refer to K-12 education, because the scaremongers typically say Colorado ranks 48th in higher education spending, not 49th. Even so, Mark Hillman debunked that claim last year:

Harmonizing with the choir crying poverty for colleges and universities, CFPI ranks Colorado 48th in higher education spending. Governing places us 26th, again right at the middle and just behind California. Moreover, the share of Colorado’s population enrolled in higher ed is well above average, suggesting that we’re getting good value and that affordability isn’t a significant barrier.

The reporter should have listed her source for the 49th claim.