Our View: Fenster vs. TABOR

Feb 112010
Authors: Collegian Editorial Board

Herb Fenster is badass and a Republican. Yes, the two are actually compatible.

According the Denver Post, the Boulder attorney has Douglas Bruce’s Taxpayers Bill of Rights in his sights and if anyone can take it down, it’s Fenster.

If the name sounds familiar, it’s because the guy is something of a national law powerhouse. He defended Interior Secretary Gale Norton in Indian trust litigation and put the smackdown on then-Defense Secretary Dick Cheney to the tune of about $3.9 billion over the cancellation of a multi-billion dollar contract for the A-12 stealth fighter.

And while Colorado tax law might seem a bit removed from massive military budgets, Fenster plans to use the U.S. Constitution as his ammo.

Article IV Section 4 of the document every American loves so dearly to claim supports their ideological agenda, mandates that the federal government ensure every state maintain a republican form of government with a functional legislative, executive and judicial branch.

Under TABOR, only the taxpayers have the ability to raise taxes –– a form of governance Fenster says is a popular democracy, not republicanism, and therefore violates constitutional law.

As we’ve opined many times on this page, TABOR hurts the state, and higher education, more than it helps anything, and if Fenster is really as much of a badass as his resumé indicates, the debate will be nothing if not interesting.

Keep your eyes on this one, CSU. Fenster might be just what we need to De-Bruce Colorado.

 Posted by at 4:05 pm

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