Are state tax caps unconstitutional?

flag-of-coloradoIn a push-back against the tyranny of conservative tax caps that prevent some state and local tax increases except by referendum, activists and some legislators in Colorado are trying to persuade the courts to hear a case that says these restrictions are Federally unconstitutional.

Why? Because of the U.S. Constitution’s slightly vague requirement that state governments be “republican” in nature (i.e. ruled by representatives instead of the people directly) and that the Federal government must ensure compliance:

Article 4. Section 4. The United States shall guarantee to every State in this Union a Republican Form of Government…

 
This clause has generally only come up as a formality when Congress has to admit a new state to the union. In the past, the Federal courts have refused to hear cases on this issue of what is or isn’t a “republican” form of government in the states, since most of the disputes are openly political fights between rival state camps rather than legitimate constitutional cases.

But they seem to have taken an interest over the extreme case where Colorado legislators have been legally powerless to raise any taxes whatsoever without the consent of a popular referendum, for over two decades.

Unlike California where many — but not all — taxes end up going to ballot, or other states where legislators can only raise taxes by a certain fixed percentage every year without a ballot question, Colorado’s constitution completely removes that power from its legislature — and even the local governments — and hands it over to the voters.

…no unit of government, from the legislature to local boards, can raise taxes or approve a new tax without a vote of the people. In addition, if existing taxes bring in revenue greater than “inflation plus the percentage change in state population” for the year previous, that “surplus” must be refunded to the taxpayers. In short, TABOR froze state government in its existing shape as of 1992, and left the legislature to flounder helplessly.

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Somalia: When the terrorists go locavore

Shabab-Logo-somaliaAccording to an al Jazeera report, farmers in a major grain-producing region of Somalia under the control of the al-Shabab terrorist group (responsible for much of Somalia’s post-2008 violence and several major terrorist attacks across Eastern Africa) say that the group’s farm reforms have been extremely beneficial.

After a 2011 famine killed 250,000 people, the Islamist group began construction on new irrigation systems and canals to prevent such disasters. In total, they’ve already spent $2 million on infrastructural development to boost farm capacity.

The group also more recently kicked out the Western aid NGOs (non-governmental organizations) who were importing non-local food for humanitarian relief purposes. While that food aid might seem helpful, it essentially meant they were giving out free alternatives to buying from local farmers. This established a cycle of dependency where no one bought food from local farmers (because they could get free meals instead) and then the local farmers became destitute as well and must depend on the food aid from the West. Each additional farm failure reduced the region’s food supply, further increasing dependence.

The next step al-Shabab took was to reform the tax system of their jurisdiction and drive up demand for the local food:

By not taxing farmers for their land but for what they produce, Boru said al-Shabab is encouraging more people to farm – which means more tax income from the increased produce. And by providing rent-free premises for restaurateurs who serve only locally sourced food, the group is maintaining the demand for local food and safeguarding their coffers, he added.

 
al-Shabab also staged a PR campaign to promote local food purchases, including having doctors tell patients it would be healthier to eat locally. Both production and demand have risen dramatically in the region and may help ward off famine and reduce extreme poverty. al-Shabab will, of course, also make a lot more revenue, which means that — beyond having more money to buy weapons for the civil war and terrorism campaigns — they’ll likely be able to provide additional social services and food aid to the needy in their territory.

Everyone wins, more or less. Even the Western NGOs will suffer fewer attacks after several years of skyrocketing attacks.

Like it or not, one of the ways terrorist groups become broad-based political movements, rather than just isolated bands of disaffected young men with violent solutions, is when they transition successfully into the role of de facto local government and social service provider.

This development — not overly surprising from a group that grew out of the governance-oriented Islamic Courts Union movement last decade — demonstrates a higher level of strategic and long-term planning than your average group of heavily armed rebels. In many ways, such reforms will make al-Shabab both a stronger military force to be reckoned with and a more legitimate political force to have to bargain with.

Anti-vaccine myths fuel global rise in preventable disease

The dangerous fantasy that vaccines cause autism has infected communities across the world and contributed to a resurgence of formerly rare diseases. Data collected by the CFR since 2008 shows a growth in reported cases of measles in the UK and whooping cough in the US. This includes a 20-year high of 2,000 measles cases in the UK and a eye-popping 15,000 French cases in 2011. Due to a fraudulent 1994 study, many believe the MMR  (measles, mumps, and rubella) vaccine can cause autism in young children, a toxic viewpoint has been championed by current “The View” co-host Jenny McCarthy. Looking at the map, we should be working to improve vaccination rates in India and Africa instead of weakening herd immunity in America and Europe.

One heartbeat away

In 2008, John McCain picked the person who said this today on the Crimea crisis, to be his next-in-line as president of the United States: “the only thing that stops a bad guy with a nuke is a good guy with a nuke.”

Let’s just take a moment to give silent thanks that we don’t live in the other universe, where that ticket won.

One cold night in 1987

This month in history — twenty seven years ago: In March 1987, an HIV-positive Congressman slept outside the Capitol to protest inaction on homelessness. It was 20 degrees outside. He contracted fatal pneumonia, likely in part from his immuno-compromised state being exacerbated in the cold. But before it claimed his life, he managed to convince his colleagues to pass legislation with over a billion dollars in funding for over a dozen new programs to help the homeless. This past week, Think Progress commemorated the sacrifice of Rep. Stewart McKinney of Connecticut.

The world’s oldest refugee

Credit: The Globalist

Credit: The Globalist

Learn the story of Sabria Khalaf and how you can help:

She is a 107-year-old refugee of the Syrian civil war. She is quite likely the world’s oldest refugee. She now lives precariously in Greece. Sabria would like to be reunited with her family in Germany. This seemingly easy feat, however, is being frustrated by EU immigration policies. Please join us in urging Chancellor Angela Merkel to let Sabria into Germany.

Michele Bachmann calls American Jews sellouts

From an interview she did with SPLC-designated “hate group leader” Tony Perkins yesterday, we learned (via TPM) that

Michele Bachmann is deeply disappointed with the American Jewish community for supporting President Barack Obama, whose policies she believes will reduce Israel to “rubble.”

1. Always good to tell people in a group you aren’t part of how they should feel and whom they should support.

2. Her religious support for Israel is based upon the premise that Jesus can’t come back unless a vibrant Israel is restored…and converted to Christianity…and then destroyed by The End of The World. (Really a fair-weather kind of support, isn’t it?) So why is she complaining about Israel being reduced to “rubble”? (Also: what rubble? The settlements are bigger than ever. I know she’s talking about the Iran sanctions, but still: c’mon son.)

3. When you say AIPAC — of all possible organizations to cite — has “sold out Israel” you’re officially so far outside the mainstream you don’t even know what the concept of a stream is.
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