The Colorado Supreme Court: The 101st legislator?

On Monday, June 12, 2006, The Colorado Supreme Court ruled 4-2, (one justice abstained) that a measure to amend the state constitution cannot appear on the November 7, 2006 ballot because it violates a requirement in the constitution that initiatives deal with only one subject.

The proposed amendment would make it illegal for illegal aliens to receive welfare “benefits” and in-state college tuition. After all, where do you think the funds for these benefits come from?

Certainly not from the illegal population in the United States. The plain and simple truth is that illegals cost more than they contribute. This has been proven time and again. They cost more in tax supported services than they contribute in taxes collected. There are also estimates that illegals send home about twenty billion dollars ($20,000,000,000) to Mexico each and every year. I would call these two factors a substantial drain on the economy.

The proposed amendment wouldn’t prevent Colorado from paying for federally mandated services such as public education and emergency medical care.

Governor Owens said he believes the court intentionally dragged its feet until after it was too late for proponents to get a measure on the ballot. He also said the court wants to impose its own views, by way of judicial activism.

The Governor said:
"In my opinion, the court's decision was inconsistent, it was inappropriate, and yes, I even believe it was arrogant."

Democratic state senator Joan Fitz-Gerald of Golden accused Republicans of trying to make immigration a political issue in an election year when control of the Legislature and the Executive office are up for grabs.

Actually, the Governor isn’t politicizing the issue; it’s a matter of national security. An issue that Fitz-Gerald apparently is ignorant of or she doesn’t think is important enough to do something about.

After all, she is a liberal. It’s about making legislators of both parties accountable to the voters concerning this critical issue.

Floyd Ciruli, an independent pollster from Denver, said that Illegal immigration is a divisive issue that could bring out more Republicans to the polls.

"It could force Democrats into a vote that many of them wouldn't want to campaign on," Cirulli said.

House Minority Leader Mike May, Republican from Parker, said Colorado voters deserve a chance to vote on the issue.

May also said:

"The state Supreme Court illegally denied access to the ballot on an issue I think enjoys overwhelming support. The question is access to the ballot. To have that taken away by the courts needs to be resolved”.

The group behind the measure, Defend Colorado Now, has already gathered over 30,000 of the 68,000 voters' signatures required, but since the deadline has passed, it cannot start over with a revised ballot proposal. (Which is why the state supreme court waited so long to stop the measure.)

Other Republican lawmakers also characterized the court ruling as an attempt by activist judges to keep the issue off the ballot.

State Representative Cory Gardner, Republican from Yuma said:
"The Colorado Supreme Court apparently elected itself the 101st legislator,"

Amen to that.