Terrance R. Kelly, a lawyer for a firm in Denver, wrote an essay for the Denver Post's site about the alleged "myths" of TABOR. The intelligently written article on its face masks some twisted logic. The following contains the crux of Kelly's argument.
Finally, many if not most TABOR
conflicts cannot be resolved by solely pouring over the text. Over the
past twenty-five years, the work of federal constitutional
interpretation has developed a uniquely aggressive form of literal
fundamentalism, which form has also infected the states.
This school of interpretation, like some bible interpreters,
claims to divine constitutional "meaning" and "intent" solely from the
text, because the text alone represents the meaning and intent of the
law-writer - the only path to the Holy Grail of constitutional
conclusions.
This viral interpretive method seeks to destroy all other
methodologies. It teaches that examining the text's context, or its
history, or its precedents, or its results, or its consequences, or any
other contribution to a rational analysis, is a great heresy.
Terrance R. Kelly makes a rather simplistic argument. While the context, history, and precedents are relevant to textual interpretation, they do not supercede the plain meaning of the text. Lets pretend that the text of the constitution does not matter and only the results or the consequences matter? Therefore, the next time one gets a speeding ticket or a tax bill, do not pay it. Call the plain text reading of the law a "myth" since one does not like the results. Then, Terrance R. Kelley can represent your case pro bono. After all, only the results or consequences count, not the text of the law.
A more cynical person might say that not accepting the plain text meaning of the constitution or the law provides greater potential loopholes in the law. More loopholes mean more "interpretations" that a trial lawyer could invent and potentially exploit (for additional fees, of course).
Conversely, accepting the plain meaning of the text means that one may not require a lawyer to interpret it. This renders lawyers such as Terrance R. Kelly less necessary, and that affects their bottom line. Mr. Kelly could have simply argued for repealing TABOR spending and revenue limits via a vote of the people. That is much more honest than forcing the constitution to match one's desired result instead of the text within the document.
by Civil Sense