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Burien v Kiga :: 144 Wn2d 819

Category: Initiative and Elections

Submitted by: R Chase

Anticipating that Initiative 695 might become law many local taxing authorities in 1999 increased taxes to the fullest extent permissible. The people fought back with Initiative 722, which was passed by the people not only to limit future tax increases to 2% annually, but also nullify those property tax hikes targeted to the passage of I-695. This was construed by some to mean the initiative addressed more than one subject.

The plaintiffs (City of Burien and others) cited Article II Section 19 of the Constitution which says: “No bill shall embrace more than one subject, and that subject shall be expressed in the Title.” However, this wording refers to bills passed by the legislature, not to initiatives passed by the people. The Initiative process in Article II Section 1a reads; “Every such petition shall include the full text of the measure so proposed.” The Court was wrong to apply legislative rules to an initiative process. If you want to stretch the Constitution to enforce legislative rules on the peoples’ initiatives the Court was still in error because the Initiative addressed the single subject of reducing taxes. Many legislative bills do not come this close, yet the Court upholds their constitutional merit.

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See to it that no one takes you captive through hollow and deceptive philosophy, which depends on human tradition and the basic principles of this world rather than on Christ. A wise man has great power, and a man of knowledge increases strength; for waging war you need guidance [the Scriptures], and for victory many advisers [the teaching of God-fearing men]. From the days of John the Baptist until now, the kingdom of heaven has been forcefully advancing, and forceful men lay hold of it [not feel-good, easy-believism]. Anyone who lives on milk, is not acquainted with the teaching about righteousness. But solid food is for the mature, who by constant use [of the Scriptures] have trained themselves to distinguish good from evil. [Col 2:8; Pro 24:5-6; Mat 11:12; Heb 5:13-14 NIV] The summary of this is Php 2:12: "Continue to work out your salvation with fear and trembling" [and the context is --] through your obedience to Christ, holding firmly to the Scriptures.