Right to Referendum, R.I.P.

We at Sixth Column have begun highlighting some of the political machinations going on in Washington State because they apply so well to all across America, and not just to matters concerning citizens of one single state in the Union. The Supreme Court of the United States has declared war on the Constitution of the United States, and we are fighting that tooth and nail, mostly through efforts to overturn the Kelo vs New London, Ct., decision of 23 June 2005, a decision that abrogated Americans' right to property. This decision also abrogates Americans' right to life, although Americans are slow making this connection right now.

Washington State has an anti-citizen legislature, executive (governership), and state supreme court. We have written recently about some of the autocratic efforts made by that state's governmental divisions against Washingtonians.

We have also begun to tell people who do not live in Washington State that rebellion is afoot, and that rebellion cuts across party lines. The rebellion going on is of the shot-heard-'round-the-world variety. Pay attention. You might need to use the same.

Right now, it is time to show another way the Democrat-dominated legislature of the state of Washington, aided and abetted by the supreme court of Washington State are stepping on Washingtonians. The author of the piece to follow is a private citizen of the state, Tim Eyman, a man who represents the best example we know of an American citizen taking proper proactive involvement in his government. Mr. Eyman has sponsored numerous initiatives, most of which have passed and have rolled by taxes and state government power grabs. However, the legislature has fought back, always trying to find ways to get its way, at the expense of the citizens. Right now, it is trying to prevent Washingtonians from taking part in the course of their own state government.

From: Tim Eyman, ph: 425-493-9127, email: insignia@greekwatch.com

RE: Right to Referendum, Rest In Peace

The State Legislature has always hated the people's constitutionally-guaranteed referendum process because it allowed voters to veto the politicians' legislation. In 1995, politicians audaciously declared that it was a threat to the public health and safety if we didn't build the Mariners a sports stadium. Despite the absurdity of this
legislative claim, the State Supreme Court essentially ruled "who are we, the judiciary, to decide if the Legislature overstepped its authority by declaring a sports stadium an emergency?" As a result of their abdication of duty and refusal to provide any adult supervision, for the past ten years, the Legislature has recklessly and repeatedly slapped emergency clauses onto hundreds upon hundreds of bills to insulate them from referendum. In this past session, 20% of the approved bills were made exempt from the citizens' constitutionally-guaranteed right to referendum.

But with a few new faces on the State Supreme Court, ten years of egregious examples of overreaching by the Legislature, and the absurd claim that lacking the votes for higher taxes was an emergency, several heroic groups and people stepped forward to give the High Court a chance to revisit this critical issue and reign in the Legislature.

In a 6-3 ruling, the State Supreme Court [the week of 11 July 2005] ruled the Legislature's ability to subvert the referendum process is absolute and inviolate. Using the same sports-stadiums-are-emergencies logic, they declared that if the Legislature says making-taxes-easier-to-raise is an emergency, that's AOK with the courts.

In his dissent, [state supreme court justice] Richard Sanders said it well: "I find little left of the people's right of referendum."

So despite what you read in the state constitution, the right of referendum is dead in Washington.

Fortunately, the people still have the constitutionally protected right to initiative. Even though an initiative requires twice as many signatures as a referendum, the ability of the people to hold final say on decisions of public policy remains.

There are two models for the people to follow with regard to this issue: the No New Gas Tax Initiative approach or the $30 Tabs, Round 3 approach.

Precluded from pursuing a referendum on the gas tax increase, the I-912 people filed an initiative targeting the November, 2005 ballot. They had to gather 225,000 valid signatures in 30 days. They did. And it's going to pass big time.

Precluded from pursuing a referendum on the overturning of the voters' twice approved $30 tabs, we are pushing an initiative targeting the November, 2006 ballot. We also have to gather 225,000 valid signatures but we have several months. We will. And it's going to pass big time for the third time.

This shows that the people can still veto laws passed by the Legislature. We just have to work a heck of a lot harder than the constitution requires. We will move Heaven and Earth to ensure the voice of the voters continues to be heard.

Regards, Tim Eyman, Jack Fagan, & Mike Fagan, ph: 425-493-9127, email: insignia@greekwatch.com

Washingtonians are fighting back, and winning. Take heart, America. Take your state and local governments back as well, while taking back your federal government.