Responsibility to fund Oklahoma services rests with “we the people” (Capitol Update)

Steve Lewis served as Speaker of the Oklahoma House of Representatives from 1989-1991. He currently practices law in Tulsa and represents clients at the Capitol. You can sign up on his website to receive the Capitol Updates newsletter by email.

When I was first elected to the House, former Speaker Bill Willis was still serving as a member after having served as Speaker.  He’d already served 22 years in the House, and when he had something to say people usually listened.  I remember one time during his debate in favor of a particularly contentious issue he said “the only time government acts is in a crisis.” This was in the 1980s, and we had quite a few crises.

After four tax increases in five or six years several individuals got together under the moniker S.T.O.P New Taxes and funded an initiative to essentially remove the power to tax from the legislature.  State Question 640 amended our constitution to require a 75% vote of the legislature and approval of the governor or a vote of the people to pass a tax increase.  The measure passed in 1992 with 56.2 % of the vote.

Some citizens contested the legality of SQ 640.  One of the grounds was that the proposed amendment violates the United States Constitution, Article IV, § 4 holding “[t]he United States shall guarantee to every State in this Union a Republican form of Government. . . .”  The Oklahoma Supreme Court upheld SQ 640, saying,

“We acknowledge Petitioner’s contention that the continued existence of any government is dependent on the right to tax. ‘[T]he power of taxation for revenue purposes is probably the most vital and [820 P.2d 781] essential attribute of the government. Without such power it cannot function.’  Undeniably, however, a basic right of the people is the liberty to direct how much or how little government may spend. Indeed, this Petition represents the quintessential subject for the initiative process in that the issue of taxation has from the very beginning of this country been a topic of paramount concern. After an extensive analysis, we conclude, the Petition, if adopted, would not result in the destruction of our representative form of government. Certainly, the Petition will impact significantly the governmental framework of this state and perhaps, not without difficulty and frustration given limited resources. However, the question presented is not whether this is a “good” or “bad” amendment, rather, if it is legal; we answer affirmatively.”

The Court declared that the power to tax is a legislative power that the people have a right to reserve to themselves, and that’s the practical effect of SQ 640.  During the past seven years most agencies of state government have declared at some time their near inability to perform the functions of government with which they are charged because of lack of resources.  The question is whether we have reached a crisis as described by Speaker Willis.  If we have, we need to remember that “we the people” took back the legislative power to tax.  We can’t blame legislators.  It’s not their responsibility.  If government is to act, we have to do it ourselves.