Cortez Journal

'Yes' on Referendum D
'Housekeeping' measure keeps vital documents from losing its meaning

Nov. 2, 2000

Almost lost in the shuffle of controversial amendments and closely contested candidate races is a referendum, D, proposed to modernize the language of the Colorado Constitution. It’s not controversial, and it’s expected to pass easily. In fact, the referendum is unintentionally amusing.

It deletes provisions relating to various events that occurred between 1904 and 1968 and are not expected to recur. It eliminates a provision dealing with the repeal of Prohibition. It takes out references to "justices of the peace" and "constables," which Colorado hasn’t had since a 1961 spate of judicial reform. It drops the requirement for the election of a county school superintendent, something no Colorado county has had for quite some time.

It also deletes expired provisions, one of which prohibited railroads from benefiting from future state legislation unless they filed an acceptance of the state constitution. The power of railroad barons was a major force in 1876, when the constitution was new, and their backing of the constitution was important in establishing the state’s political authority. A century and a quarter later, the authority of the government to regulate them is no longer in such question.

An additional provision invalidates corporate charters that were in existence before statehood but that haven’t been used since the constitution was adopted. That’s probably also a safe bet.

Other language to be deleted relates to the charter of the City and County of Denver, arguably a political force equal to the state. The restrictions in question expired in 1980.

These are all common-sense changes, and there’s little reason to oppose them. In fact, the only objection raised to this referendum is that the outdated provisions have historical significance. Of course they do, and no one is suggesting that they be purged from history.

One of the most wonderful aspects of democracy is that it’s a living, breathing thing, and its guiding documents need to reflect growth and change. The state constitution was elegantly crafted more than a century ago, and much of that elegance remains. It should not be tarnished by irrelevance.

And voters should not undervalue the opportunity, through both "housekeeping" referenda and proposed amendments reflecting new realities, to continue shaping it. It is the framework by which all of Colorado is governed, by the state’s citizens. Each word is important, and each should be re-examined periodically. Those that no longer hold true should be archived for future reference. Those that still reflect our system of participatory government should be reaffirmed.

Copyright © 2000 the Cortez Journal. All rights reserved.
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