No taxation without representation

By Matt Blunt

Missourians voted in 2004 to protect traditional marriage from the judicial activism that imposed same-sex marriage in Massachusetts.

Unfortunately, judges across the U.S. continue to make decisions that no one thought possible.

Recently, judges have imposed tax hikes, or huge new spending increases, on their own, with no voice for the people or their elected officials.

Judges on the Kansas Supreme Court recently ordered new spending of more than $800 million.

In Nevada, judges ordered the legislature to pass a budget that increased state spending by $1.6 billion and taxes by nearly $1 billion.

The largest tax increase in Nevada's history was ordered by judges who legislated from the bench.

These are shocking attacks on basic American principles of democratic government.

Missourians support checks and balances. It is time to ask the people to state plainly that unelected judges will not tax and spend from the bench, as they are doing elsewhere. We need to protect one of America's cornerstones: Taxation without representation is unacceptable to free people.

The Missouri Senate is considering House Joint Resolution 1, which simply states: "Under no circumstances shall a court of this state order the general assembly or executive to increase taxes or create new taxes. The appropriation of state revenue is the exclusive province of the general assembly."

This is simple and straightforward.

For reasons unknown to me, the state's bar is pushing lawyers to make a number of unfounded arguments. For example, they argue -- unfairly -- that this resolution might prevent challenges to local tax assessments. This claim is unfounded, against the plain language of the proposal, and, frankly, silly.

HJR 1 has been reviewed by able attorneys. As anyone can see, there is no room here for a court to uphold an illegal assessment. HJR 1 says that a judge may not order the legislature or governor to impose a tax increase. It has nothing to do with setting an assessment at the correct level under laws already passed.

Critics also say HJR 1 is unnecessary. I certainly disagree, but this is a strange argument. How could it be harmful to ensure that Missouri judges do not seize power they do not have and that the bar claims they will never use?

Ideally, we would not need this resolution. It is only because judges are taxing people right now that HJR 1 is needed.

The Missouri Constitution is the voice of the people. Like all other public servants, judges derive their power from the people.

That constitution intends that Missourians decide for themselves the levels of taxes and appropriations -- directly or through their elected representatives. That is why the power to tax and spend was given by constitutional mandate to the legislature and not to the judicial branch.

The House has passed HJR 1 with the support of House Speaker Rod Jetton. The Senate Judiciary Committee recently approved the resolution, with the support of Senate President Pro Tem Michael Gibbons.

If both the Senate and House approve the resolution, Missourians will have the opportunity to vote on whether Missouri will stop or allow judicial taxation without representation.

To help ensure that the people continue to run the government and not the reverse, I hope citizens and taxpayers will ask their members of the Missouri Senate and House to support HJR 1. Missourians and their democratically elected representatives should set taxes, not unelected judges, who are supposed to apply the law, not make the law.

Matt Blunt is the governor of Missouri.