Camera Get the Last Word

The Daily Camera recently published my letter on Amendment 41. After endorsing Amendment 41 prior to the election, the Camera's editors are now calling on the Legislature to enact clarifying legislation to fix the problems they didn't see at that time. In my letter, I pointed out that, since the Amendment was added to our state constitution the legislature could not legally modify it.

Having to get the last word, the editors added a note after my letter, stating that "Amendment 41 allows lawmakers to enact clarifying legislation 'to facilitate the operation of this article.'"

However, the editors conveniently truncated the relevant section (section 9) of Amendment 41. In full, it reads: "LEGISLATION MAY BE ENACTED TO FACILITATE THE OPERATION OF THIS ARTICLE, BUT IN NO WAY SHALL SUCH LEGISLATION LIMIT OR RESTRICT THE PROVISIONS OF THIS ARTICLE OR THE POWERS HEREIN GRANTED."

In other words, Amendment 41 specifically states that the legislature cannot materially change the provisions of the law as voted on by the people of Colorado. I don't know how much more clear it could be. The new law states that government employees can't accept any gifts with a few explicit exceptions. Any clarifying legislation that expanded the list of exceptions would obviously limit or restrict the provisions of the article.

I continue to call on the editors of the Camera to admit that they were wrong to endorse Amendment 41, and to suggest realistic measures to fix it (presumably involving an initiative for our next election.)