• 06/24/2024

    Alleged Violation Of The US Constitution In The Colorado State House Of Representatives

    January 16, 2024
    1 Comment
    Screenshot. Colorado State GOP Rep Scott Bottoms

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    The introduction of HB24-1084 titled the Repeal & Reenact Earned Income Tax Credit Increase https://leg.colorado.gov/bills/hb24-1084 was passed in the Finance and Appropriations committee and later brought to the floor on Friday, January 12, 2024.  Is states in the Bill Summary “During the first extraordinary session of the seventy-fourth general assembly, which occurred in November 2023, the general assembly enacted House Bill 23B-1002 (HB 1002), which increased the amount of the state earned income tax credit for 2023 from 25% to 50% of the amount of the federal earned income tax credit as a means of refunding excess state revenues for the 2022-23 state fiscal year that TABOR requires to be refunded in the 2023-24 state fiscal year. 

    On December 28, 2023, a member of the house of representatives (house) filed a lawsuit alleging that the house failed to follow the constitutional requirement that the house read a bill at length unless such reading is waived by the unanimous consent of all house members present when enacting HB 1002 and that HB 1002 therefore must be declared null and void. To remove any doubt arising from the lawsuit regarding the constitutionality of the law enacted by HB 1002, the bill repeals and reenacts that law.

    During the special session, Colorado Free Press reported in our Colorado Series: The Violent Murder Of Our Republic, Part 3

    https://coloradofreepress.com/colorado-series-the-violent-murder-of-our-republic-part-3/

    As a reminder, here is the background into why there was a lawsuit by Rep. Scott Bottoms filed on December 28, 2023 (as referenced in the 2nd paragraph)  

    Time and again Rep. Bottoms, following the rules, order, and decorum of the House, raised his hand to be acknowledged by the Speaker and share his opinions, but to no avail. He did not yell from the banister or wave flags from the balcony. He calmly raised his hand, but in the name of free speech, she used his respect for the House to silence him.  

    Remember his voice isn’t just one voice being silenced. His voice is the voice of every person within House District 15!  Over the course of five hours, Representative Bottoms raised his hand time and again, but he was openly ignored and not allowed to go to the well. He was not allowed to represent the people of House Districts 15, not because he was disorderly like the protestors but because he showed respect while challenging the Speaker’s views. 

    Rep. Bottoms provided a note to one of the clerks at the front desk. Seems simple, but he was formally requesting to have the bill read at length. Having a bill read at length is a constitutional right in Colorado that any single representative can request and which must be honored or the validity of the law itself stemming from that bill could be in question. In this case, however, on this first bill, they refused. As his “time-out” continued, if you watch, you will see him pass a note a second time on the next bill requesting the same. This time, however, realizing that their antics may have already placed the first bill in constitutional jeopardy, they made sure to have the second bill read at length. If leadership’s actions all sound childish, they are, but it’s also much worse. They represent a dangerous precedent, not to mention an unconstitutional one.  You can see this exchange here:

    (https://coloradochannel.net/watch-meetings/#tab1).

    What is the motive with HB23-1084? It states above, it’s to remove any doubt the constitutionality of the law enacted by HB 1002, but it also says prior “HB 1002 therefore must be declared null and void”? Why if there was no violation? I believe the answer is on on Page 2 in section B in adding clarification to “On December 28, 2023, a member of the house of representatives filed a lawsuit alleging that the house of representatives failed to follow the constitutional requirement, set forth in section 22 of article V of the state constitution, that a bill be read at length unless such reading is waived by the unanimous consent of all members of the house of representatives present when enacting House Bill 23B-1002 and that House Bill 23B-1002 therefore must be declared null and void;”

    When we asked Rep. Scott Bottoms for a comment, here is what he said “I was illegally censured for not agreeing with her about the pro-Palestinian protests. Speaker McCluskie has attacked me in the media with false statements and rhetoric. She also sent me a disciplinary letter that was completely false in another attempt to slander and control me."

    " I will not stand by and watch the unconstitutional takeover of the highest elected body in the state of Colorado." 

    Rep. Bottoms continued, "During committee, I had one of the Representatives basically tell me that she didn’t care about my Constitutional right. This is actually truth. Most of the Democrats care nothing about the constitution at all." (Note: Representatives oaths are to the Constitution) .

    Another Representative told me “the Constitution was not written for people like me. This is where we have come to in our politics in Colorado. There is a strong Marxist push to take over the state.  This is discouraging and must not be allowed.”

    Since 1084 has passed second reading, it will go to 3rd reading in the House and then into the Senate Chamber. Once again there will be an opportunity for testimony within the Senate, you can go to https://leg.colorado.gov/bills/hb24-1084 and scroll to the bottom for the upcoming schedule including when it will be assigned to a Senate committee and the date to testify.

    Watch Rep. Bottoms address the House:

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    Malenroh

    Colorado used to be a patriotic state, it's turned against its people. Tragic.

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