May 04, 2005
Defending I-601

A collection of citizen groups filed suit with the Supreme Court to allow a referendum on the legislature's evisceration of voter-mandated budget restraints:

The suit was filed by the Washington Farm Bureau and other groups after Secretary of State Sam Reed rejected a referendum that would let voters accept or reject recent changes made by the state Legislature to Initiative 601 tax and spending limits. Reed did so because lawmakers invoked an emergency clause when approving the I-601 bill, making it immune to ballot challenges.
The same bogus declaration of an "emergency" was used to defend the life-saving baseball stadium tax of 1997.

Shawn Newman, who argued against the stadium tax e-mails:

I suspect Justices Sanders and Johnson would want to revisit that decision but, unless there's more, it will be an uphill battle. Just another illustration on how the Supreme Court eliminated the people's check and balance on legislative power since an emergency clause eliminates the people's right to referendum on the particular legislation.
Sigh.

Posted by Stefan Sharkansky at May 04, 2005 12:36 PM | Email This
Comments
1. I'm not surprised. The Supreme Court here in this state knows way better than we mere peons as to what's good for us. Everybody knows that legions would have starved if not for the new stadium, for example.

I've never lived in a state where the organs of government not only act in exact opposites to the people's wishes, but flaunt their authority when they do so. If only the GOP here were better, these psycho dems might have some competition...

Posted by: Steve_dog on May 4, 2005 12:48 PM
2. It seems to me that we should be able to put an emergency clause in any bill that we vote on as the public that would not allow LEGISLATORS to overturn the "will of the people" that is demonstrated in the vote.

After all, they once asked for our opinion (vote) and we gave it to them. How dare they cancel out our votes with the stroke of a pen?

This is real close to the reason we fought a revolution, if I remember my history.....

Posted by: Elmo on May 4, 2005 12:59 PM
3. I think it is time to start an initiative that taxes the Legislators and the Governor and all other office holders that discuss increasing our taxes. My suggestion is to tax them 50 cents out of their paycheck for every minute they are discussing increasing, or creating, a new tax. Once the tax is invoked they do not get it back unless they are re-elected. That seems to me to be the only way to turn the table on these morons.

To carry the process forward. When they are no longer getting a paycheck because they have talked about raising my taxes too much they can start paying to show up for the session.

Actually, to use their process against them, not 50 cents, lets make it 75 cents.

No, lets make it a dollar for every 30 seconds....

Posted by: MikeFedUp on May 4, 2005 01:02 PM
4. Gotta love the WA State Dem's manufactured crisis. Spending for their pet programs isn't what they want it to be, so it's an emergency that we increase funding. Since there's not enough money to pay for their "emergency" increase and corresponding rise in the budget deficit, they declare an emergency to raise taxes.

I fully except next year we'll have another emergency increase in pork spending, followed by another round of emergency tax increases.

Now...if Rossi wins the election challenge and the judge rules that Former Attorney General Gregoire never legitimately won, thus never legitimately had the authority to sign bills into law...can citizens sue to have the laws revoked, on the premise that Gregoire never had the authority to sign them?

I have a feeling that the answer is no, or that the emergency clause would exempt them...which could be why they're attaching it to everything.

Posted by: DarthDogbert on May 4, 2005 01:32 PM
5. This is awful.

Washington state is in a total mess (transportation, education, etc.) because the likes of Eyman bastardize the citizen-right of initiatives.

Representative governments are just that. If we wanted a vote on some things (only the things King (please ignore when I steal money from my own supporter) Eyman wants...then we should vote on each and every thing with the FULL understanding of the ramifications of our votes.

Of course people say YES to "PAY LESS TAXES". That's because Eyman, et. al. have no responsibilit for running a government...for dealing with all the things government has to do.

This makes it really awful to live here. Eyman has never been elected to anything...and makes more money (and has stolen more money) than any official yet he, with the help of "duh, let's pay less taxes without having to balance the equation" lemmings) have made Washington state a HORRIBLE place for business and for people who want to have a decent transportation and education system. Not to mention heealthcare.

Eyman has abused this citizen right to the point of destructive self-motivated (and self-paying) ends that do him GREATness and do the rest of us (even those who like less taxes) a huge disservice.

hey, why isn't the guy in jail for stealing money? Wouldn't that happen to most ordinary citizens? What's really going on there anyway?

Posted by: Peter Franklin on May 4, 2005 01:33 PM
6. Hope they are successful against the bogus Emergency designation.

This state is really messed up. I truly wish it could be run much, much better. What will it take?

Posted by: Michele on May 4, 2005 01:39 PM
7. Uh, Peter, i don't know who you think you're fooling here, but you should try a lot harder 'cause one of the reasons we want to pay less taxes is so the government does have a harder time spending money. I know it's difficult for burn-outs like you to wrap that around your brain, but close your eyes and concentrate real hard.

Posted by: Editor on May 4, 2005 01:40 PM
8. Peter,

Maybe because the people of this state, whom you respectively call lemmings as you disagree with them, think that the government has enough money to "deal with all the things government has to do." The governemnt doesn't properly account for the money it currently takes. Maybe the citizens of this state have a different opinion of the things with which the government has to "deal", and therefore does not provide it money to do more. This current government thinks it knows better than the people. I don't know about you, but I would call that arrogance, in order to keep it polite.

Posted by: Fred on May 4, 2005 01:43 PM
9. DarthDogbert,
I fully except next year we'll have another emergency increase in pork spending, followed by another round of emergency tax increases.

Actually, what you'll see next year is a rise in general fund revenue that the dems will claim is a result of their masterful handling of the economy. What will it really be from? The state diverting 10% of the gas tax revenue into the general fund. They'll then feel free to pork up some other project for an extra 10, courtesy of the transportation plans. Sheesh, what a mess.

Posted by: Steve_dog on May 4, 2005 01:45 PM
10. Peter, the issue here is exactly where does the government draw the line at spending? In Washington, they apparently don't. Like a drunk, bored housewife with her hubby's Platinum card, they spend on whatever they "think" is important.

I'd be interested in seeing ther net fiscal impact of the legislature's "emergency" bill to fund Safeco Field. As you might remember, the people voted it down twice. I'd bet real money that the fiscal impact to the region has been negative, not positive. At least Qwest Field has an events center tehy can rent out for special events, thereby defraying the building costs.

When I was lad in California, the peopl got all uppity and passed Prop 13. It too required a "supermajority" to raise taxes or introduce new ones. Of course, the tax and spend types cried that the sky was gonna fall down on us all, but it never came to be. Government had to go on a diet. Local governments started prioritizing. Police, Fire, Infrastructure became their priorities.

I can say in all honesty having come back to WA a year ago from Ontario, CA, that CA is definitely on the ball, moreso than WA. Our Police protection was better, (one of the best in the state), the fire department knocked 'em down and the roads were a damn site better than anything I've yet to drive here in WA state.

Why is that? Because in 1977, the people reminded their "elected representatives" who was actually footing the bill.

We need to do the same thing here.

Posted by: Robert on May 4, 2005 01:49 PM
11. Elmo is right.

We need a law that says if you use the "emegency" clause indiscriminately, you are PERSONALLY liable for some type of "false report filing." Or at a minimum, you better be damn sure it's a REAL emergency.

I don't want to hamper an elected official's duties. I don't want to discourage good people from sensibly serving in the public realm. However, there ARE laws against false 911 calls, "yelling fire in the theater" and other non-sanctioned uses of powers like false arrests.

Why shouldn't lawmakers be held to the same standards as the electors--their bosses?

Posted by: Jimmie-howya-doin on May 4, 2005 01:51 PM
12. Peter, this may come as a great shock to you, but the government "has to do" very few things, and they would have plenty of money for what they have to do if they'd simply spend less on what they want to do.

Posted by: ScottM on May 4, 2005 01:55 PM
13. Peter,

Don't like the initiative/referendum process? Fine. Change the Constitution.

You lay the blame at the feet of Tim Eyman, but it was this same iniative process that other special interests 'bastardized' when they shoved teacher pay raises and reduced class-size bs onto the ballot - both of which are now being paid by the latest round of tax increases.

Question for you Peter - where do you send the money you save every year now that you're paying 30 bucks on your car tabs? You certainly wouldn't be so hyprocritical as to bash the process and the people who put this into place, yet reap the rewards at the same time. Would you?

Posted by: jimg on May 4, 2005 01:59 PM
14. You should see how Goldy is couching this argument saying that we'll lose this as the WSSC has already voted on how the word emergency can be used.

Interesting

Pudster

Posted by: Puddybud on May 4, 2005 02:01 PM
15. Peter,

Why do I get the impression that you wrote your little screed in crayon?

Is that the best you got?

Posted by: alphabet soup on May 4, 2005 02:08 PM
16. MAYBE SOME GOOD CAN COME OUT OF THIS. AS MANY OF YOU HAVE READ TACOMA WANTS TO BUILD A 400' SPIRE OUT IN FRONT OF THE NEW CONVENTION CENTER DOWNTOWN. MAYBE WE CAN GET THE STATE TO KICK IN SOME MONEY AND NAME IT "THE TAX PAYERS MEMORIAL"

Posted by: TACOMA PHLASH on May 4, 2005 02:19 PM
17. I guess Peter has gone back to his liberal elite that think they know what is better for the ignorant masses (AKA citizens) than the citizens do.

Posted by: Fred on May 4, 2005 02:23 PM
18. Steve_dog

Yeah, you're right they'll claim an accomplishment, but it won't stop them from another round of tax increases. They'll cite how successful the first one was as justification for doing it again.

Posted by: DarthDogbert on May 4, 2005 02:25 PM
19. To address Peter's comment- the mess in this state is a direct result of a democrat majority. Watch the seats change in 2006.


Posted by: Andy on May 4, 2005 02:27 PM
20. Yeah, you're right they'll claim an accomplishment, but it won't stop them from another round of tax increases. They'll cite how successful the first one was as justification for doing it again.

Yeah, I'm afraid you're right. Maybe we should start a pool on what batch 'o bacon they'll go for next?

My guess is they'll couch it in some "save the kids" terms, i.e. if the teachers' unions don't get an immediate 60% increase in funds our children won't be able to read and write next year.

Posted by: Steve_dog on May 4, 2005 02:29 PM
21. What Peter-Peter-Urinal-Cake-Eater should keep in mind is that the referendum (& initiative) process is the second to last defense against tyranny. Take a big ol guess what is #1....

When we can't vote the rascals out because of institutionalized vote fraud, when our "representatives" won't debate the issues with us (or even respond to our pleas), it leaves us little choice.

To the likes of PPUCE* I urge you to reconsider your stance, or exercise a bit more caution in how large a target you present ;'}


*Peter-Peter-Urinal-Cake-Eater

Posted by: alphabet soup on May 4, 2005 02:36 PM
22. P. Franklin,

Eyeman has been successful because the legislators have been for decades ignoring the will of the people. We passed Initiative 601 long before Eyeman, at a time when gov't spending far outpaced the economic growth. 601 limited growth of gov't to inflation and an adjustment for growth.

Since then Olympia has found ways over, under and around 601. The stadium "emergency" being a prime example of out of control Olympia.

Eyeman's first initiative the car tabs was a reaction to paying $400 tabs for a $1000 car every year.

What we ask of Olympia is accountability, responsibility and to simply to live within ones means. We all do it, we don't spend more than we earn, is it to much to ask that of gov't?

A couple of years a ago Olympia had a budget surplus. Some of us asked Oly to put the money aside for potential future shortfalls. But no, Oly went on a spending spree reminiscent of a drunk with a windfall. Not only did Oly spend the surplus, they started new spending programs that would insure shortfalls in the coming years.

This year revenue has increased around 7%, almost triple the rate of inflation with enough to deal with population growth. Yet we have a have a budget shortfall of a billion dollars.

That is simply insane.

Olympia has been so out of control for so long that the people are sending a message. Yes on 601, 695 no on 51 and the list goes on.

Remember Chris "no new taxes" Gregoire. What recourse do the people have we elected do not do what we elected them to do? The initiative process is our corrective recourse. My preferred method would be to march on Olympia with torches and pitchforks, tar and feather everyone there but the janitor, then run them out of the state on a rail (metaphorically of course).

Yes we by law, tradition, and intent we have a representative republic. Would you prefer the torch and pitchfork, revolution, or a peaceful, legal method the initiative?

Posted by: JCM on May 4, 2005 02:39 PM
23. Reminds me of a South Park episode where they try to sway public opinion by tying everything to being about kids.

"Ron Sims needs another $500 million to throw at Sound Transit. If he doesn't get this, kids will be denied the joy of seeing an inefficient, almost empty bus rolling down their street. Not to mention his political crownies won't get their cut of public funds and won't be able to buy their kids a new SUV. So please, think of the children. You don't HATE children...do you?"

Posted by: DarthDogbert on May 4, 2005 02:43 PM
24. The baseball stadium bill was passed in 1995, not 1997. No state tax was enacted to support it. The state funding came, in roundabout ways, from existing General Fund resources. The bill did, however, authorize various local taxes as part of the overall financing package. The Mariners ownership's share of the stadium cost was essentially zero.

Posted by: jsa on May 4, 2005 03:12 PM
25. "I'd be interested in seeing the net fiscal impact of the legislature's 'emergency bill' to fund Safeco Field. As you might remember, the people voted it down twice."

-- Robert

If that had happened, I'd have remembered it, but it didn't. The people of King County voted down a different measure -- not the one that later passed the Legislature -- in the spring of 1995. There was never a statewide vote on Safeco Field. There was a statewide vote on the Seahawks stadium bill in 1997, which narrowly passed. It's easy to get those publicly financed stadiums confused, so I don't blame you for the error. I have a hard time keeping them straight myself sometimes. Could be worse. Could have done a Key Arena bill this year, too.

Posted by: jsa on May 4, 2005 03:21 PM
26. I love the end quote in the linked Seattle Times story, "We had to get the budget done and we needed to raise revenue to get the budget that we wanted to pass out. We couldn't wait," House Majority Leader Lynn Kessler, D-Hoquiam, said." So, an emergency is when the Legislature can't get what the WANTED, not needed, WANTED. Unbelievable. And in response to Peter Franklin, his complaint about initiatives suggests that he thinks Washington is too democratic because the electorate is too involved (odd coming from a person who sounds like a Democrat or at the least left of center). I guess Peter thinks only our representatives have the God given spark to govern the masses because everybody is too dumb to understand the oh so complex government. If Peter wants less control of his government, then I suggest he simply doesn't vote and leave governance to the chosen few. To everybody else, I suggest reading the last few sentences of the Gettysburg Address that captures the essence of a democracy.

Posted by: Jason Presley on May 4, 2005 03:41 PM
27. I love the end quote in the linked Seattle Times story, "We had to get the budget done and we needed to raise revenue to get the budget that we wanted to pass out. We couldn't wait," House Majority Leader Lynn Kessler, D-Hoquiam, said." So, an emergency is when the Legislature can't get what the WANTED, not needed, WANTED. Unbelievable. And in response to Peter Franklin, his complaint about initiatives suggests that he thinks Washington is too democratic because the electorate is too involved (odd coming from a person who sounds like a Democrat or at the least left of center). I guess Peter thinks only our representatives have the God given spark to govern the masses because everybody is too dumb to understand the oh so complex government. If Peter wants less control of his government, then I suggest he simply doesn't vote and leave governance to the chosen few. To everybody else, I suggest reading the last few sentences of the Gettysburg Address that captures the essence of a democracy.

Posted by: Jason Presley on May 4, 2005 03:41 PM
28. I am pleading ignorance here... What is a performance audit and what would it do? Who would be the judge so to speak and what would happen if something is deemed disagreable? It's hard to argue against reasonable accountability with a straight face, but I guess the devil would be in the details.

Posted by: CandrewB on May 4, 2005 04:32 PM
29. CandrewB,

If you are referring to the so-called "performance audit" that comes with the gas tax, forget about it having any teeth. The auditor's office can review and report, but the Gov. can just toss the audit in the round file.

Nice accountability.

Posted by: Shaun on May 4, 2005 08:52 PM
30. A couple of points: 1. In Washington, the state constitution cannot be amended by intitiative. Other states, like California, allow it. 2. The state constitution [Art. I, sec. 2] essentially provides that the people's right to referendum can be trumped by an emergency for public peace, health or safety. In the M's case, the State successfully argued that this was the same as "police power," which means it is very broad. In ruling for the state, the supreme court essentially gave the legislature veto over the tool the constitution granted the people to check legislative abuses (i.e. referendum power). 3. The case was decided in 1996. Read it and weep: CLEAN v. State, 130 Wn.2d 782, 928 P.2d 1054 (1996) 4. As an illustration that no good deed goes unpunished, the CLEAN decision has been used to justify legislatively declared "emergencies" on anything ... they legislature need not explain what the emergency is. They only need to say it to make it so. 5. The cure? Get strict constructionist judges on the bench and reverse the decision.

Posted by: Newman on May 4, 2005 09:24 PM
31. I am reminded of the Cold War Era movie, The Russians are Coming staring Brian Keith among and all star cast with the oft repeated Russian -accented line, "E-mer-gen-cy, everybody to get from streets."

Well, the Russians have arrived and are running King County and Olympia and they are saying, "E-mer-gen-cy, every body to pay more taxes."

And we will. For it's been a long time in America since the people said, "Emergency, everybody to fill the streets."

These shackles they aren't such a burden, are they?

God help us.

Posted by: Jericho on May 5, 2005 12:33 AM
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