Maybe It Won't Be Much of a Fight
In Bob Ewegen's column in the RMN this morning, he tackles TABOR and Amendment 36.
My interest is in Amendment 36. However, Ewegen doesn't think this will be much of a fight:
Finally, Amendment 36 specifies that, if passed, it will apply retroactively to this election. Such an ex post facto change in our electoral law is probably unconstitutional, so if Colorado voters do approve the measure, it is certain to be challenged in court by whatever party actually carried our electoral vote. Thus, if the 2004 election is close, we might have another long count in the presidential arena, with Colorado courtrooms replacing Florida venues in yet another bitter legal battle that would ultimately have to be resolved by the U.S. Supreme Court.
Weighing their odds with Scalia and Co., Colorado Democrats are deciding they'd rather be president than irrelevant - and are joining Republicans in opposing Amendment 36.
I've received similar comments from other bloggers who have seen the "86-36" blog.
While I don't believe that this Amendment will pass, it's still important to make sure that voters don't get complacent and let the vocal majority (supported by billionaires from California) slide this one past us.
Cross-posted at TyroBlog
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