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Local 587 v State :: 142 Wn2d 183

Category: Initiative and Elections

Submitted by: cominus

What the people thought would be an event that would harness control of runaway government spending and taxation became the trigger to unleash ten thousand high-paid lawyers and bureaucrats upon the courts. The taxpayers, voters and automobile owners passed Initiative 695 to reduce one of the costliest car-tabs schemes in the nation. But the courts held the measure to be constitutionally invalid and once again precluded the God?given right of the people to relieve themselves of political oppression as outlined in the Declaration of Independence and protected by the Constitution of the State of Washington.

The courts held the initiative violated three clauses of the State Constitution. First): That the measure must have only one subject and that subject must be contained in the title (Art 2, §19). It is a matter of splitting hairs to arrive at this conclusion. However, there is nothing within the Constitution that would even hint that this requirement applies to Initiative and Referendum. This clause, in fact, applies to bills presented before the Legislature.

Second): The Court contends that subjecting future tax increases proposed by the Legislature to a vote of the people violates the clause (Art 2, §1(b)) providing for referendum. In other words, to subject a tax to a vote of the people before it is imposed violates their ability to protest the tax after it is enacted. The Court held that subjecting future taxes to a vote of the people “establishes a referendum procedure not allowed under the state constitution [sic].” [At 192]. Justice Sanders countered this notion in his dissent, “I-695 does not on its face purport to establish or call for future referenda per se but rather requires any new tax or tax increase be conditional on voter approval.” [At 273].

Third): The majority contends “Article II, section 37 prohibits enactment of legislation that revises or amends other acts without setting them forth at full length.” [At 192]. Once again, the Court would impose upon the people the sophistication required of the Legislature alone.

As Justice Sanders pointed out in his dissent:

The electorate had every right and constitutional authority to adopt an initiative to impede taxing authority. [At 265].

We must avoid the erroneous and all-too-common assumption that the Constitution means what we think it ought to mean. It does not; it means what it says. [At 258, cite omitted].

This ruling is one more exhibit of the war in our nation that is fomented by bureaucrats to protect and advance the municipal economy, even at the expense of commerce and personal financial freedom.

Rating the Usual Suspects:

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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 reliance upon Christ - who will accomplish His will through you, holding firmly to the Scriptures.