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Thursday, January 3, 2008

University of Denver panel recommends Constitutional Revision Commission

Legislative review, fiscal analysis for proposed amendments also recommended

The University of Denver 2007 Colorado Constitution Panel—part of DU’s Strategic Issues Program—today issued its recommendations for constitutional reform in Colorado. Panel members concluded that a few key modifications to the state’s constitutional processes could dramatically improve a constitution they see as laden with conflicting fiscal requirements, rife with unintended consequences and imbedded with unchangeable policy directives.

“All that we do as a nation or state, all that we seek to become as a community, is grounded in our constitution,” said Jim Griesemer, dean emeritus of the Daniels College of Business and director of the DU’s Strategic Issues Program. “Unless changes are made, our constitution will continue to impede the ability of policy makers to respond to the needs of Colorado.”

Guided by the principle of preserving the right of citizens to petition their government, the Colorado Constitution Panel recommended the following:

Preserve the Right of Citizen Initiative
The ability of citizens to initiate statutes or amendments to the constitution through direct petition is a cherished right. The panel recommends the right of citizen initiative be retained and enhanced with modifications to the processes for citizen-initiated constitutional amendments and special protections for citizen-initiated statutes.

Strengthen Citizen-Initiated Statutes
In order to encourage statutory rather than constitutional initiatives, the panel recommends that initiated statutes not be subject to any amendments by the legislature for 10 years without a two-thirds vote and that the threshold for number of signatures and the simple majority requirement for voter approval not be raised.

Reform Initiated Constitutional Amendment Process
The panel recommends that Colorado adopt a process for initiated constitutional amendments that requires petitioners to engage with elected representatives while protecting petitioners’ absolute right to have citizens vote on their proposal. The panel calls this the Colorado Legislative Engagement and Referral (CLEAR) process, and is convinced it can provide a more open, thoughtful method for amending the constitution. Statutory initiatives would not be subject to the CLEAR process.

Call for a Constitutional Convention Unnecessary
The panel recommends against convening a constitutional convention at this point in Colorado’s history. While Colorado needs a process for revising its constitution, the panel has determined that establishing regular, periodic constitutional review is a better way to address needed revisions than the more difficult, crisis-oriented process of a convention.

Establish a Constitutional Revision Commission
The panel recommends that Colorado adopt an amendment to our constitution to create a Constitutional Revision Commission that would automatically come into existence every 10 years, be politically representative in nature, be empowered to look at the constitution broadly and could take recommended changes directly to voters for their consideration.

“Legislators can pass laws, executives can issue orders, courts can render decisions, but only citizens can change the constitution,” said Griesemer.

The CCP reached its conclusions after months of study and discussion. Local and national constitution experts presented the panel with information on constitutional policies and processes in Colorado and several other states. Panel members weighed the research and opinions presented with their own views and experience to identify problems and solutions to Colorado’s constitutional conundrum.

The nonpartisan panel was made up of accomplished Colorado leaders from across the state, appointed by DU Chancellor Robert Coombe. Their charge, consistent with the mission of the SIP, was to raise the level of public discourse on a critical state issue and provide recommendations that would address the need for constitutional reform and build a more secure and prosperous future for Colorado citizens.

Previous DU panels have made recommendations to ensure Colorado’s economic and water futures. In the coming months, the University will select a strategic state issue for the 2008 panel to study.

“At the University of Denver, we feel it is our duty to stimulate informed public debate over issues critical to Colorado,” said Coombe. “Through our Strategic Issues Program, we are able to bring together some of the state’s greatest minds in an inclusive, nonpartisan manner that raises the level of public discourse and contributes to the public good.”

For additional information, including presentations, discussions, videos and media materials, please visit www.du.edu/issues.

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The University of Denver (www.du.edu), the oldest private university in the Rocky Mountain region, enrolls approximately 11,117 students in its undergraduate and graduate programs. The Carnegie Foundation classifies the University of Denver as a Research University with high research activity.