The Democratic-controlled 2005 legislative session will definitely not be remembered as one that respected the will of the people. In just four short months of one-party control in Olympia, Democrats managed to amend no less than four initiatives passed by the people. Averaging one altered people’s initiative a month, it’s a good thing then session ended when it did.

Left by the wayside of the Democrats’ 2005 tax-and-spend express are Initiatives 134, I-402, the promises of I-728 (I-884) and the granddaddy of them all, I-601.

Passed in 1992, I-134 was the people’s attempt to rein in the campaign contributions of corporations and unions. When the state was allowing unions to violate the limits established by I-134, the Supreme Court stepped in and told the state to follow the law. In response, Democrats passed a law making the union’s violations of I-134 legal. Democrats also added an emergency clause to their changes denying the people the right of referendum.

Then there’s I-402, passed by the people in 1981. I-402 eliminated the state’s death (estate) tax establishing only a pick up tax tied to the federal rate. This allowed the state to collect death taxes, but only for those dollars that could be credited against the federal tax. When the federal government began to phase out the death tax in 2002, the state of Washington continued to collect the tax in violation of I-402. The Supreme Court invalidated the state’s actions, upholding I-402. To keep this tax in place, Democrats passed a new death tax separate from the federal rate. Democrats also added an emergency clause to their changes denying the people the right of referendum.

In 2000, flush with a billion dollar budget surplus and with promises from then Gov. Locke that no taxes would need to be raised and the budget would not be harmed, the people passed I-728 to reduce class sizes. Unfortunately the surpluses disappeared and the budget was harmed, leading to the suspension of I-728 by the Legislature. The people were asked last year to approve I-884 to raise taxes to pay for I-728 (and other education provisions), but rejected I-884 by a 2-1 margin. Despite this, Democrats this year over-rode I-402 to “earmark” the new death tax to pay for part of I-728.

But none of the Democrats’ tax increases this year would have been possible without their most audacious refusal to follow the will of the people – gutting I-601.

Passed in 1993 in response to the largest tax increase in state history, the voter-approved I-601 spending limit sought to rein in the growth of government spending and require a two-thirds vote approval for the Legislature to raise taxes. Even though I-601 required the two-thirds vote threshold for tax increases, because more than two years had passed since its approval, only a simple majority of legislators was needed to change I-601’s provisions. And change it they did.

SB 6078 was passed on April 15 (the date federal income taxes were due) by the House, by the Senate on April 16 and signed into law by the Governor on April 18, allowing the Democrats to raise taxes with a simple majority vote. SB 6078 also re-defined the original I-601 spending limit growth factor to a more generous formula to allow state spending to grow at a faster pace than previously authorized. Democrats made this change while also adding an emergency clause to deny the people the right of referendum.

Earlier this year at a House Appropriations hearing on the proposed changes to I-601, Rep. Jim McIntire (D) asked supporters of I-601’s two-thirds supermajority requirement for the Legislature to raise taxes the following question:

“Both of you oppose the removal of the supermajority requirement [for tax increases]. Can you name a time when we [legislators] have actually not just set it [supermajority requirement] aside by majority vote? I mean, this is in many respects a procedural motion that has no bearing. It’s a statutory constraint that cannot constrain any legislature that chooses as a majority to set it aside … have we ever used a supermajority [to raise taxes]?”

This sentiment underscores the Democrats’ inability to follow the will of the people this session. Just because you can override a law written by the people doesn’t mean you should. We don’t elect legislators to patronize us, we elect them to implement our will. Gutting the laws we vote on and approve is not a good way to be representative of our will.

Besides, the Democrats’ gutting of I-601 was totally unnecessary. They were not prevented from raising taxes and spending at any level they wanted, but, under the law, the people were to be given the opportunity to approve expenditures in excess of the spending limit. By altering I-601 and placing an emergency clause on the changes, Democrats collectively told the people “we know what’s best and you need to get out of our way.”

With Democrats altering four voter-approved initiatives in four months, they’re in need of a serious reminder of the state’s constitution.

“All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights.” – Article 1, Section 1.

Of course, altering the state’s constitution to remove the people’s power may be what they have in store as an encore for next session. After all, who has time as an elected official to be bothered with the will of the people?

Jason Mercier is a budget research analyst for the Evergreen Freedom Foundation, a non-partisan, public policy watchdog organization focused on advancing individual liberty, a free-market economy and limited and responsible government.Ge