Running a Red Light on Taxes

Joel Fox's picture
Editor of Fox & Hounds and President of the Small Business Action Committee

Call a cop. A law is being broken. A bunch of legislators are trying to raise taxes using a simple majority vote. That is against the main law of the land, the California Constitution.

Unfortunately, the track record of the California legislature in abiding by the constitution is not so good. Legislators make a practice of breaking the law of the land on a regular basis. I draw your attention to Article IV, Section 12, paragraph C (3): The Legislature shall pass the budget bill by midnight on June 15 of each year. How often does that happen?

Some legislators feel they can treat the law like a unique puzzle, arranging the pieces so as to reach their goal, regardless of what the rules say.

Based on the example set by the legislature, I guess its okay to run a red light. Just tell the officer who pulls you over, I know the law but I’m late for an appointment and I thought it was more important to get to the appointment than to stop at the red light. That’s what the legislature would do. Ends justify the means.

Sorry, but the red light is there for a purpose. So is the constitutional provision to get a two-thirds vote to raise taxes. The people have determined to make it a little harder for the politicians to get into their wallets.

If legislators don’t like the two-thirds vote on taxes, then ask the people to repeal it. That occurred in 2004 with Proposition 56. The voters said “No thanks,” and overwhelmingly defeated that measure two to one. Trying to sneak around a constitutional provision the people established and reaffirmed just pushes the legislature’s reputation to lower levels – if that’s possible considering the latest polls.

On top of that, legislators are putting their energy in raising taxes that make no economic sense. Establishing an oil severance tax on top of taxes the oil business already pays will only increase the price at the pump. Most, if not all, oil taken from the ground in California is refined and stays in the state. If oil production is discouraged with a new tax, California will become more reliant on foreign sources.

The cigarette tax is a declining resource. When taxes are raised, they usually don’t produce the anticipated revenue. Check out the record on the sales tax that went up a penny on April 1. The returns have been disappointing. With cigarette taxes, you get double whammy: Revenue down because consumers will seek other avenues to avoid the tax, and revenue declining because of the reduction in smoking. You can’t balance a budget with a cigarette tax.

The legislature should follow the constitution. Either get a two-thirds vote to raise taxes or balance the budget without tax increases.

How can this be at all surprising?

This is no surprise. The truth of the matter, Joel, is that legislative Democrats care about one thing, and one thing only. They care about increasing government spending. They want to do this to provide payback to their special interest benefactors from the public sector worker unions, and to keep their power base built on dependancy upon free government services. (Of course nothing is truely free. We all have to pay for it.)

The don't care about the law. They don't care about the overwhelming will of the people of California. They hold the California taxpayer and the law in contempt. "Constitution be damned" is their motto.

So what if the Constitution requires a two-thirds vote for tax increases? They are above the law, in thier minds. So what if voters utterly rejected tax increases in the special election? (To say otherwise is nothing but a bold face lie.) They don't care. They want our money, and they are going to have it if they have to break every law on the books and spit in the faces of every person in the state.

It's time for taxpayers in this state to stand up to the privlidged government class. Enough is enough.

We should eliminate all

We should eliminate all taxes. Just like Somalia.



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