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Lundberg Report Archives
Here are past Lundberg Reports and some significant articles from past reports:

2020 

8/1/20 Unmasked 2020: Colorado’s Hard Left Turn

7/25/20
 Larimer County Rallies Supporting our Police

7/18/20 Destroy the Capitol, Wear Your Mask

7/11/20 To Get Past It We Must Go Through It

7/4/20 Celebrate the Truths of Independence Day

6/27/20
 Statue Torn Down and Polis Claims He is “Outraged”?

6/20/20
 Supreme Legal, Moral and Cultural Chaos

6/13/20 Seattle… Is Denver Next?

6/6/20 Endorsements, Capitol Vandals, and Ending the Emergency Orders

5/30/20 Cutting the Senior and Disabled Veterans Property Tax Exemptions.

5/23/20
 Problems with Polis and Public Health

5/16/20 Polis Admits: COVID-19 Deaths are Inflated by More than 30%

5/9/20 Polis Extends Emergency Declaration for Unprecedented Third Month

5/7/20 Special Edition

5/2/20 Polis’ New Normal Advisory Board

4/26/20 Day 47 of the Colorado Lockdown

4/18/20 Thousands are signing the Re-open Colorado Declaration

4/11/20 Guardrails for Public Health

4/4/20  3 Ways You Can Help -From Home

3/28/20 Pandemic Apocalypse or Bad Case of the Flu?

3/21/20  COVID-19

3/14/20 Two Pandemics

3/7/20 Two Gun Control Bills Introduced Yesterday and Caucuses are Today!

2/29/20 Primary, Petition, Caucuses, Candidates and Bad Bills 

2/22/20 Rugged Hearings and Party-line Votes

2/15/20 A Blank Check for Planned Parenthood

2/8/20 The Best of Times, It Was the Worst of Times…

2/1/20 Bad Bills March Forward, Good Bills Die

1/25/20 DC March for Life, Impeachment Report, and Banning Plastics

1/18/20
  More Bad Bills, and the Best Bills of the Session

1/15/20  Special Edition: Another Bad Bill for 2020

1/11/20   The First Bad Bills of 2020

1/4/20   A Good Guy and a Bad Session

2019

12/28/19 Colorado is in Serious Trouble

12/21/19 Governor Polis Cut Taxes?

12/15/19 Colorado Could Owe Trillions (with a “T”)

12/7/19 No one wins when impeachment is invoked

11/30/19 A Steady Aim…


11/24/19 Giving Thanks and Standing Against Higher Taxes and Unjust Laws

11/17/19 Three Stories, One Theme

11/11/19 Special Report – Colorado Freedom Force Launched Today


August 1, 2020

 

1. RSCC to Publish Unmasked 2020… With Your Help 

 

2. Hundreds Attend Rallies for Police in Larimer County 

 

3. Deeper Dive on Really Bad Bills

 

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1. RSCC to Publish Unmasked 2020… With Your Help

When the Democrats took over the Senate in 2018 they took full control of Colorado state government. Their first legislative session in 2019 created the most radical, big government laws and policies Colorado had ever seen. In 2020 the pace increased, and was compounded by the governor taking over the state with his never ending emergency executive orders.

Colorado may never be the same again.

The Republican Study Committee of Colorado is now preparing a book which will document this rapid descent toward a California-style dystopia. Our working title is Unmasked 2020: Colorado’s Radical Left Turn and a Warning to America. Printed and electronic versions are scheduled to be released in Early September.

We have a dozen well qualified authors preparing chapters covering the complex web of changes that have already been put into play and what can be done to stop this radical left turn.

Topics include: 

* The People’s House Under Siege
*  Big Storm Clouds of 2019
* Gov. Polis’ Government by Edict
*  Our Public Health Bureaucracy
* Agency Rulemaking under the Radar
* The State Budget hits a Wall
* Activist Media Protects the Mob
*Pandemic Science: Fact & Fiction
*Capitol Security Takes a Knee
* Culture War on Families

Early next week we will launch a crowd funding campaign to raise the money we must have to publish and promote this aggressive project. I will give you all the details for the crowd funding systems we will working with as soon as we have it all organized. However, if you prefer to send funds directly to us, you may mail checks to Republican Study Committee of Colorado right now. Please note that it is for the book project and send it to P.O. Box 378, Berthoud, Colorado 80513. As with all contributions to the RSCC, please be aware that they are not tax deductible.

This is a big project that will take all of us to complete, but I am convinced that this book will not just document all that we have seen here in Colorado. Unmasked 2020 can be the tool we need to warn our neighbors and the nation. Colorado has become the test tube of the radical left. It cannot be allowed to continue, or spread.


2. Hundreds Attend Rallies for Police in Larimer County 

Every day we hear of protests and riots tearing our country apart. Last weekend was a refreshing change here in Larimer County.

On Saturday afternoon I went to the Loveland rally supporting our police. The Coloradoan (Fort Collins newspaper) estimated 300 people were there. Despite the rain it was an incredible time of gathering with like-minded neighbors to publicly support our police. With flags flying high, drivers were honking in support and everyone was encouraging and encouraged.

One lone protestor showed up, but after seeing all of the support for our police and a virtual forest of flags he left early.

        

On Sunday the rally supporting the police in Berthoud was, if anything, bigger and just as friendly as the Loveland rally. It was a big block party for liberty loving friends and neighbors.

Some disturbance happened when a small group of agitators showed up (about 30), but the mounted sheriff’s patrol and mountain bike patrol literally herded them out of the crowd so they could get back to their cars safely and go home.

Overall this was a several hour display of patriotism. From the assembled crowd of several hundred people and the constant blaring of horns in support of our local law enforcement all could clearly see that in Larimer county we reject the nonsense of the marxists and anarchists trying to disrupt our communities and our peaceful way of life.



3. Deeper Dive on Really Bad Bills

Here are more comments on some of the worst ideas that have now become law in 2020. Following my comments I have left up my list of the bad bills that have now become bad laws

SB-166 is not a complex bill, but it deserves some extra attention because it shows some of the radical ideas that are being forced on the people of Colorado. Last year they passed legislation to allow people to change the gender on birth certificates and drivers licenses. 166 goes one big step further by allowing minors to make the change without parental involvement. All they need is a note from any licensed medical or mental health care provider. There is no restriction of any age below 18. It should also be pointed out that the documents are to be in the same form as the original, so it does not have any record of having been amended.

This bill is not only a slap at the reality of two biological genders, it also completely discounts the authority and responsibility of parents. None-the-less it sailed through the Senate and House and the governor signed it.

Here is the my list of many of the bad 2020 bills that are now law.

HB-1019 find ways to end private prisons by 2025 
               signed by governor
HB-1158 another medical insurance mandate, this one requires coverage for unlimited                 embryo production invitro signed by governor
HB-1360 Long Bill, 20-21 budget bill which still spends too much and saves too little 
             signed by governor
HB-1427 Significantly increases tobacco taxes signed by governor
SB-100 bans death penalty signed by governor
SB-163 severely restricts immunization exemptions
             signed by governor
SB-166 allows minors to change the sex on their birth certificate 
             signed by governor
SB-204 Essentially a carbon tax called a fee and made exempt of TABOR limitations 
             signed by governor
SB-205 force all employers to provide sick leave for employers
             signed by governor
SB-215 create subsidies for medical insurance by taxing (fees) medical insurance                         companies and hospitals (charge insurers and hospitals more so they cost                       less?) signed by governor
SB-218 New tax (fee) on chemicals that so far have no known health risks 
             signed by governor
SB-224 Expand sanctuary state policies by prohibiting landlords from             asking about immigration status signed by governor

 

July 18, 2020

 

1. Vandalism at the Colorado Capitol 

 

2. Help for Larimer County

 

3. Deeper Dive on Really Bad Bills

 

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1. Vandalism at the Colorado Capitol 

Earlier this week I took pictures of what the Antifa anarchists and BLM marxists have done to our state capitol over the last several weeks, and the governor refuses to acknowledge they are the ones who are instigating this vandalism and he refuses to give the state patrol the resources to stop them.

How is it that the governor thinks he should demand everyone must wear a face mask but he makes no effort to stop this destruction right outside his own office?

I collected quite a few pictures, here is a small sample, many more can be viewed on my website at: http://kevinlundberg.com/a/email-updates/vandalism-at-colorado-capitol-2/
 

Window with board behind the broken glass is governor’s office window

Antifa Logos and graffiti on West steps

 

2. Help for Larimer County

For any who are interested I am passing on this invitation from the Larimer County Clerk’s office for work in their elections office:

Greetings!
We are hiring Data Entry/Phone Bank Judges to work in our Elections Office in downtown Fort Collins. These temporary positions are full time (Monday thru Friday, 8:00 am – 5:00 pm) and expected to run from approximately August 3 – November 20, 2020.  As we get into Election Season, you may need to work some overtime and Saturdays.  If you have strong computer skills, great phone and customer service skills, enjoy working on special projects and can commit to this period of time, please email us at: electionjudges@co.larimer.co.us
If we receive an email from you, we will start this process by sending you a link to do an online typing test.  You will need a typing speed of 40 wpm for this position.  If you score 40 wpm or more, you will be contacted by phone to set up an appointment for an interview.
 
*Please feel free to share this information with any friends and neighbors who may be interested in an opportunity to participate in this important election work.
 
TEAM LARIMER
970-498-7820



3. Deeper Dive on Really Bad Bills

Here are more comments on some of the worst ideas that have now become law in 2020. Following my comments I have left up my list of the bad bills that have now become bad laws

SB-163 was one of the bigger battles in this year’s session. It stripped away much authority of parents to determine what is the best direction for vaccinations for their children. There was a last minute amendment to exempt homeschool parents, but for all other families, if they do not chose to follow all of the government’s directives they will have to jump through many bureaucratic hoops, including a reeducation program (my words) before they get exemptions from vaccinations.

The state health department has been trying to get these controls in place for years, way back to when I was the chairman of the Senate Health and Human Services Committee. Every year we beat this idea back, but this year, after the legislature came back from their extended leave, they finally passed the bill and the governor signed it.

I testified at their extraordinary Sunday committee meeting. The bill sponsor said his goal was to get to a 95% immunization rate for schools in Colorado. Yet, in the bill itself the number of students not fully immunized is less than 4%, meaning the overall current immunization rate is over 96%!  

 

 

July 11, 2020

 

1. COVID-19, To Get Past It We Must Go Through It

 

2. Deeper Dive on Really Bad Bills

 

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1. COVID-19, To Get Past It We Must Go Through It

Masks, social distancing, shutting down the economy, closing down churches, schools and most public places had one possible, valid purpose: to flatten the curve and prevent the medical system from being overwhelmed. The curve was flattened about three months ago. Since then all of the heavy controls put on our lives should not have happened. COVID-19 is a highly contagious virus. For the most vulnerable it can be a fatal malady. For the rest of us, 99+% recover. All of the extraordinary measures still in place are only putting off the inevitable and making the situation that much worse.

I believe governor Polis is smart enough to know this, but still, like all of the Democrat governors, he persists in playing the charade that somehow all of this disruption and destruction is worthwhile and within his authority. For a more thorough summary of all he has demanded through his executive orders, click here (caution: this “summary” is 47 pages long).

My strong suspicion is he is also smart enough to know that he might be able to amass much more power and authority through this crisis. It also might become a political advantage for the Democrat nominee for President. He might gain all of this if we are not smart enough to figure him out. We can’t let him get way with it.

Additionally, every time you hear a news report citing the number of positive tests for COVID-19, insinuating this is evidence it is out of control and we need to shut everything down, don’t buy it. All of these stories making it sound like we have a dangerous new “surge” are not much more than fake news. 

As the number of tests being conducted grows, the number of positive results will inevitably grow until the epidemic has played itself out. A more accurate measure of how widespread the disease has become is the percentage of positive tests within the overall tests conducted. Here in Colorado, since May 31st, that number has been consistently under five percent.


Another metric is how many people have died because of COVID-19. We have already seen that the official numbers are inflated, as they count everyone who died with COVID-19, including all who did not die because of the virus. For example, the person in Cortez who died from alcohol poisoning tested positive and was counted as another death statistic. However, even with all of these numbers included, in Colorado the deaths have dropped from more than 30 a day at its height in April to less than two per day this month.              

Medical treatments are improving (including the use of hydroxychloroquine and century old vaccine for TB) and we are learning that the prevention needs focus more on nursing homes rather than the general public.

Click here for an informative story about some close Jewish communities in New York who weathered the storm already and are now in a much better position. They refused to limit social contact and have essentially come out on the other end. Life is getting back to normal as most have now developed immunity from COVID-19. 

Don’t believe a governor who has become more of a dictator than a governor and do not believe the fake news. Trust the facts that you have discerned and your own understanding of the situation.

Finally, be encouraged, we are getting through this.

We are learning more about the officials who are mismanaging, and in some ways creating this crisis and we do have an election coming up very soon where We the People can send a strong message to those who have violated our God-given, Constitutional rights.



2. Deeper Dive on Really Bad Bills

Here are more comments on some of the worst ideas that have now become law in 2020. Following my comments I have left up my list of the bad bills that are, or will soon become bad laws

Not surprisingly, this week the governor signed HB-1427. This bill puts before the voters the question of raising tobacco taxes, a lot. The arguments for the tax increases are to discourage tobacco use and generate a lot of money, helping to balance the budget. The fiscal note says it will generate $80 million in this fiscal year and $160 in the next fiscal year.

However, according to the Laffer Curve (something of which Governor Polis is well aware as Professor Art Laffer is a close friend of his), there comes a point where higher taxes will actually reduce tax revenues as fewer people will be willing to pay the taxes. This can be seen in history, where the British government increased the tax on black tea to over 110% in the eighteenth century. Tea consumption didn’t stop, but the taxes were not collected as the black market thrived. I wouldn’t be surprised if we see that happen to tobacco in Colorado as this tax is about as bad as the those tea taxes were. 

BTW, Prime Minister William Pitt fixed the problem in 1784 by lowering the tax to 12.5%. My advice for the vote on raising the tobacco taxes? Don’t go there, vote no.


June 27, 2020

 

1. Statue Torn Down and Polis Claims He is “Outraged”

 

2. Polis Declares Another Extension of the State of Emergency

 

3. Deeper Dive on Really Bad Bills

 

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1. Statue Torn Down and Polis Claims He is “Outraged”

Governor Polis issued the following statement:

“I am outraged at the damage to a statue that commemorates the union heroes of the civil war who fought and lost their lives to end slavery. This statue will be repaired, and we will use every tool at our disposal to work with Denver Police and to hold accountable those responsible for the damage whether they are hooligans, white supremacists, confederate sympathizers, or drunk teenagers.”

Really?

For Polis to suggest it was anyone except the Antifa revolutionaries or their sympathizers is absurd. He knows better and is doing all he can to deflect the blame from where it belongs. The list of possible vandals is ridiculous and dripping with his hard left political attitude. However, ultimately I hold the governor responsible for this shameful act. He set up the situation for this to occur and he has refused to provide the appropriate security for the Capitol Complex.

The State Patrol is charged with protecting the Capitol and its grounds. They have full statutory authority to “enforce all laws of this state…” in protecting the Capitol (CRS 24-33.5-212 (1) (i)). When the protests and riots first began at the Capitol the governor made it very clear he was content to allow the vandalism to our state capitol building. Now, with some estimates of millions of dollars of damages to the building and surrounding areas he continues to withhold enough security to protect our capitol.

Instead, the limited staff of State Patrol officers assigned to the Capitol Complex helplessly watch as the rioters vandalize the area and the Denver Police have proven to be equally useless. Polis could have and should have protected the Capitol Complex from the very beginning. 

As a former legislator I know the Capitol Complex is covered with several surveillance cameras which are monitored 24 hours everyday. State Patrol knows what is happening at all times. Why does Polis continue to refuse to do his duty? I can only guess, but it appears his sympathies are more for the revolutionaries and not so much for upholding the laws of the state of Colorado. If he is to be outraged with anyone it should be his own words, actions and inactions. 

The people of Colorado deserve better, much better. If our present governor cannot uphold the laws of our state, the people of Colorado need to replace him with someone who can.


2. Polis Declares Another Extension of the State of Emergency

Here is one place where Polis is taking action. He continues to hold us all hostage with his perpetual state of emergency. First declared on March 5, he has now extended his emergency powers to late in July. With the stroke of his pen he has, so far, dictated over 115 executive orders now stretching into five months. Any reasonable reading of the actual statutory authority the governor is given in Colorado law been completely blown apart by his actions. 

In CRS 24-33.5-702 and 703 the governor may call a disaster emergency, but he is limited to specific reasons and actions and for a limited amount of time. He continues to ignore the 30 day framework for a state of emergency and instead adds 30 days to every order he signs. This rolling 30 day system makes a mockery of the actual law. Further, the only criteria for calling a medical emergency is for “…bioterrorism, pandemic influenza, or novel and highly fatal infectious agents or biological toxins.”

Months ago COVID-19 was considered highly fatal, but now that we know it is about as lethal as the annual flu, “highly fatal” rings hollow. Please understand, I am not saying COVID-19 should be ignored, as it is a dangerous virus, but for Polis to claim he cannot govern without his dictator powers within a state of emergency makes me wonder what is more dangerous, COVID-19 or Polis?


3.  Deeper Dive on Really Bad Bills

As the dust starts to settle over the 2020 legislative session, I will over the next few weeks give some observations about the worst ideas that have now become law. Following my comments I have left up my list of the bad bills that are, or will soon become bad laws

HB-1019, “Prison Population Reduction and Management” is a bill that passed early in the session. This new law changes several priorities and practices within the Department of Corrections, but the biggest part is it begins the process of getting rid of private prisons in Colorado. 

It is a union bill, because private prisons are not unionized and state prisons are, hence, get rid of private prisons equals more union members and more union dues. It also comes with a huge price tag for the people of Colorado. The cost of housing a prisoner in a state prison is almost double the price of a private prison. 

HB-1065, ”Harm Reduction Substance Use Disorders” is a bill introduced early in the session and rammed through in the final days of the session. Some parts of the bill deal with legitimate issues for drug abuse situations, but there is a poison pill, as it greatly expands the needle exchange programs in Colorado. This is a tacit way for medical providers to enable drug use through giving away free hypodermic needles. The stated reason is to make sure the needles are clean, but the effect is to encourage the drug use. With HB-1965 non-profit organizations are authorized to administer a needle exchange program without any oversight from local health authorities. This is one more obvious step toward the government authorized drug injection sites that have been instituted already in Vancouver British Columbia.

 

May 22, 2020

 

1. Public Health Has Become Its Own Worst Enemy

 

2. Lawsuits Against Polis Mount

 

3. Polis Spends the Money, Leaves 4% for Legislature

 

4. Trump Calls for Churches to Open

 

5. Late Term Abortion Ban initiative’s Final, Final Push 

 

6. Legislature will Finally Reconvene on Tuesday

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1. Public Health Has Become Its Own Worst Enemy

Earlier this week 600 medical doctors sent a letter to the President saying that the public health orders are actually jeopardizing the overall health of the public. These MDs, from across the country and from many specialties told the same story, public health orders intended to control the spread of COVID-19 are doing great damage to the physical and mental health of millions of Americans, eclipsing the dangers of COVID-19.

I believe most epidemiologists are sincerely trying to prevent disease. But the overall effect of public health has been a colossal failure. WHO, CDC, state health departments and local public health authorities have all contributed to this system that has shown to be quite dysfunctional. Rather than objective and innovative scientists who know how to quickly gather needed information and help policy makers develop effective plans of action, public health has become a bureaucratic system of outdated policies that give way too much power to unelected boards and directors. 

Far too often their policies are driven by political decisions rather than pure science. The World Health Organization continued to repeat the reports from the Chinese government long after it was apparent the data was more propaganda than facts. The CDC took weeks to produce a valid test for the spread of COVID-19, burning up valuable time we needed to assess the situation. At the same time they rejected systems already in place that could have given them a head start on determining where and when the disease was starting in our nation. And treatment of the disease has also be fraught with a deep state tone of approval and disapproval for different methods.

Quarantine seems to be the only plan they have for the nation as a whole. That will work when we catch it early, when the disease is isolated, or it is not very contagious, but to quarantine the entire nation for months on end is causing far too many unintended consequences. One hard, cold truth that the health officials will not face is a disease this contagious and this widespread cannot be quarantined away. 

Initially, to “flatten the curve,” there was some sense when it looked like our medical systems could be overwhelmed, as we have seen in some countries where their medical resources are not as robust as we enjoy. However, after the curve has become a flat, descending line, it is time to face the next step, which is get the country back to work as quick as possible.

With a vaccine problematic and at least several months away, developing a herd immunity is the only path out of this terrible situation. Those who consider themselves most vulnerable need to take all of the precautions they can, but the rest of the country needs to start producing again, and that includes all of the doctors who have other patients with other aliments that also need immediate attention.

One good thing we are finally figuring out (which public health should have been on top of months ago) is that the mortality rate for those who do contract COVID-19 is not much different than a bad flu strain. That means this is a dangerous, highly contagious disease, but it is not magnitudes greater than what we deal with all the time. We can get through this, but only if we face the reality of most people contracting COVID-19. Putting it off will not make it go away!

It is also time for the elected leaders of our constitutional republic to put public health back into their proper role. They must, once again, become objective scientists who are ready and able to give good counsel to our leaders and the public. Never again should public health become our unaccountable and unelected rulers. 



2. Challenges Against Polis Mount

Finally some are starting to hold the governor accountable in the courts for his rash of unconstitutional executive orders. Colorado Concern was in court this week challenging Polis’ authority to make sweeping changes to election laws. Hundreds of restaurants are planning on opening up this weekend and lawsuits are already being prepared with one filed on Friday to defend the rights of C & C Cafe in Castlerock. Much of the funding for that suit was raised by the Colorado Freedom Force.



3. Polis Spends the Money, Leaves 4% for Legislature

Colorado’s first big installment of Federal stimulus money got hijacked by Governor Polis, who decided to spend almost all of the $1.67 Billion on his favorite programs without any legislative approval or legislative authority. According to the state constitution appropriations are the responsibility of the legislature and ironically, the governor pulled this stunt while the Joint Budget Committee was finalizing the budget!

Here is how he carved up the cash: nearly $1 billion is split between K-12 & higher education, $275 million goes to local governments that didn’t get CARES Act funds directly. $205 million goes to local public heath systems, smaller amounts go for other COVID-related expenses and $70 million will go into the general fund for lawmakers to handle. This means about 96% is spent by the governor and 4% is left for the branch of government that actually has the constitutional duty and authority to approve all state spending.


4. Trump Calls for Churches to Open

Yesterday the President called for states to recognize the essential quality of churches and other houses of worship. His arguments are very similar to my article published two weeks ago on this very same subject


5. Late Term Abortion Ban initiative’s Final, Final Push  

DueDateTooLate.com, the organization who is working to get a late term abortion ban put on the ballot wraps up their final 15 day period to collect the 10,000 additional signatures still needed to qualify for the ballot. As I reported last week, the governor issued an (unconstitutional) executive order giving all other initiatives the ability to gather signatures by email and with an extended deadline, but excluded any initiative currently in their “cure” period, which means one group only: DueDateTooLate.com.

As reported in #2 of this newsletter, this executive order is being challenged, but it is already clear to see that Polis has singled out the late term abortion ban as the one remaining initiative that will still have to meet the highest standard.


6. Legislature will Finally Reconvene on Tuesday

After far too long, the legislature will meet on Tuesday to finalize the budget and other pressing issues, but according to their rules for this extraordinary session they are supposed to set aside all other legislation that is not “mission critical” for another legislative year.

The Joint Budget Committee (JBC) finalized the budget on Friday. It theoretically balances, but I expect the revenue projections will get worse before they get better and we are probably not done with all the legislation for this year. Unless, of course, the governor decides he no longer needs the legislature to make substantial changes to our laws…

Here, again, are the worst bills for 2020 that should now be put aside, but be aware that they still might put them up for votes, and if they do it will be quick. I may need to send out some special reports if something really bad crops up in this next week.

Again, as a reminder of what is still out there:

SB-156 would fund Planned Parenthood through the medical insurance companies, which means you and I would be funding Planned Parenthood. The bill passed it’s first committee. For more information on SB-156 go to this previous report in the Lundberg Report.

The bill severely restricting immunization exemptionsSB-163, passed the Senate and is now in the House. Hundreds of parents testified against this bill in the Senate. 



May 16, 2020

1. JUST UPDATED: Polis Admits COVID-19 Deaths are Inflated by More than 30%

2. JUST RELEASED: Polis Suspends Laws Governing Petitions for Ballot Initiatives

3. Churches in Colorado


4. Colorado Churches Needed to Challenge the Governor’s Orders

5. Late Term Abortion Ban initiative Final Push 

6. Legislative (in)action 

———————————————————————————————————————

1. JUST UPDATED: Polis Admits COVID-19 Deaths are Inflated by More than 30%

Originally I posted this report 13 hours ago:

Multiple examples have been reported locally and nationally that the Colorado state health department is listing some deaths as COVID-19 when the attending physician put a different cause of death on the death certificate. To determine if the department is reporting inflated numbers, and if any laws have been broken, Representative Baisley has sent a letter to District Attorney Brauchler requesting a formal investigation. 

Update to story:

Just after posting this report I learned that that the state health department has been overstating the death count from the COVID-19 virus. Polis said: “…what the people of Colorado want to know is not who died with COVID-19, but who died of COVID-19…”  Consequently the official death count is almost 300 less than their original number.

Congratulations to Rep. Baisley for requesting a formal investigation that apparently motivated the governor to admit the numbers have been inflated by more than 30%. This is significant on several levels. These numbers are used to assess the mortality rate of the virus and the effectiveness of treatments and the effectiveness of the lockdown. It is quite obvious that the state health authorities have been intentionally inflating these numbers. I am not surprised, as this is what I have seen public health do throughout my 16 year career in the legislature.

Finally they got caught where everyone can see their methods. I hope we can eventually change the laws to reduce their influence on the policies of the state.

However, the story does not end here. if you go to their website they now admit that far fewer people have actually died because of COVID-19, but they still keep reporting the inflated number of those who died with a positive COVID-19 test as well, and that larger number is still what the CDC is reporting for Colorado. 

In my investigating further I have found that apparently the inflated number is what CDC is requiring to be reported. Hence the CDC number for the entire nation must also be inflated. This means that if Colorado’s inflation rate (more than 30%) is the same as the nation, the overall number of deaths from COVID-19 in the nation is inflated by more than 26,000!

WOW!

I trust District Attorney Brauchler, and others, will investigate all of this malfeasance, at all levels of the public health ladder.



2. JUST RELEASED: Polis Suspends Laws Governing Petitions for Ballot Initiatives

Executive Order #65, signed yesterday and publicized today suspends election laws to allow email collection of petition signatures for most ballot initiatives. I just saw this a few minutes ago, but here are my initial observations:

First, this is an extraordinary exercise of raw power, which goes far beyond his statutory authority. He will argue he can relax regulations in the event of an emergency, but this flies in the face of the legislative branch, which is the proper branch of government for such major changes in election law and the legislature is already scheduled to meet in about ten days. They could have considered these dramatic changes to Colorado election law at that time.

It is also cynically timed, as yesterday was the very same day that the late term abortion petition began their final 15 day push to “cure” the signatures that the Secretary of State threw out of their original petitions. I say cynically timed as one part of his order specifically excludes any petition already in the “cure” period, he very obviously (and I suggest intentionally) excluded these incredibly relaxed rules for the one ballot issue of which his party and political allies are adamantly opposed.

The order pushes all other petition due dates to three months before the election, which means that he must keep the state of emergency going until at least early August for these orders to remain in effect until that time.

This will create a free for all in petition gathering, as getting people to return a signed form via email will allow a much easier way to reach the required number of signatures. This completely turns the initiative process on it’s head. Certain thresholds were established to put the initiative process at an intentional level of difficulty, preventing an excessive number of questions on the ballot. By simple fiat the governor has swept away that level of difficulty for any special interest group that has access to enough technology to saturate the state electronically. For actual citizens who might not have the money to buy these electronic data services, this could make the task more difficult to initiate a ballot question.

I am sure I will have more on this significant and very bad executive order, but it is time to send out these special announcements.



3. Churches in Colorado

My commentary last week on opening up churches for in-person services, which was published in several places, including Townhall.com, Christian Post, and elsewhere, has elicited some actions and some reactions. 

I do not intend to repeat the entire article here (click on the Townhall graphic for the entire article). But to help clarify and introduce my report in the second article for this week there are a few major points that require further development.



First, I am not minimizing the potential danger of COVID-19. It is a dangerous disease that requires all of us to take significant steps to mitigate. It is also important for any church who decides to resume in-person services to respect the needs of their entire congregation and implement all appropriate social distancing as they see appropriate for their situation.

The main point of the commentary I published last week was that here in Colorado the governor has gone way beyond his legitimate, constitutional role as a civil government leader when he put churches in the non-essential category and therefore essentially ordered churches to close their doors. He can and should recommend best practices for churches to follow, but to demand that no more than 10 people can gather for a service is at least violations of the First and Fourteenth amendments. 

This is a question of jurisdictions of authority and due process. The governor, especially in emergencies, is required to always operate within the structure and limitations of the law. He must honor the ultimate authority of free citizens as delineated in the Bill of Rights, and never act as if we are simply his subjects. Further, the Constitution is very clear in setting religious practices in a category of extra autonomy from government authority and oversight. 

The spiritual health of a nation is at least as important as our physical needs for the overall wellbeing of our state and country, and churches legally and morally posses a higher priority and greater autonomy than grocery stores, lumber yards and pot shops. 

Of course churches should be cautious, but even the original greek word for “church” means to gather as an assembly of people. For the governor to ban all church assemblies of any meaningful size for now months, even for churches who have buildings that can accommodate much larger groups with acceptable social distancing demonstrates his lack of understanding the purpose and legal standing of churches (and other faith-based institutions). 


4. Colorado Churches Needed to Challenge the Governor’s Orders

I begin this article, following the first article in this report, with therefore:

A group of attorneys are preparing a legal challenge to the governor’s orders to keep churches closed. To initiate a judicial review of these facts this legal team needs churches from across the state to join in a lawsuit.

If your church is interested in learning how to be a part of this this legal action please send me an email: Kevin@KevinLundberg.com. I will forward on the information they have given to me to share with interested church leaders.



5. Late Term Abortion Ban initiative Final Push 

DueDateTooLate.com, the organization who is working to get a late term abortion ban put on the ballot have begun their final 15 day effort to collect the 10,000 additional signatures still needed to qualify for the ballot. They started yesterday, May 15. To help them with your time and/or money, or to find a place where you can sign the petition (but only if you did not already sign their petition), go to DueDateTooLate.com.



6. Legislative (in)action

The Joint Budget Committee (JBC) continues to plow through the budget, trying to find about 2.5 billion dollars to cut out of their 13 billion dollar general fund budget. After two weeks of meetings they have made a little progress, but have so far yet to make the major decisions.

Leadership from the majority party now say the legislature will meet after Memorial Day. Several Republican legislators are saying this is too little too late. The legislature should be actively dealing with not only the budget, but all the other areas that this virus is affecting our state.

Our elected representatives have an obligation to lead. All the majority party has done is leave. The legislature is called the General Assembly… Here is that word assembly again. Lets hope they start to take that word seriously.

And, don’t forget that their session is extended because of joint rule 44, which says in these circumstances only “mission critical” bills should be considered.

Here, again, are the worst bills for 2020 that should now be put aside, but be aware that they still might put them up for votes.

SB-156 would fund Planned Parenthood through the medical insurance companies, which means you and I would be funding Planned Parenthood. The bill passed it’s first committee. For more information on SB-156 go to this previous report in the Lundberg Report.

The bill severely restricting immunization exemptionsSB-163, passed the Senate and is now in the House. Hundreds of parents testified against this bill in the Senate. 






Supreme Legal, Moral and Cultural Chaos


6/20/20

Last week the U.S. Supreme Court issued a ruling that is as convoluted as the Dred Scott decision, as morally bankrupt as Roe v. Wade and makes as much legal sense as the Obamacare decision that called the medical insurance mandate penalty a tax.
To add insult to injury Justice Gorsuch wrote the tortured opinion. The essence is, for purposes of applying the 1964 Civil Rights Act, discrimination on the basis of sex now includes homosexuality and transgenderism. For over a half a century the definition of the word sex in the Civil Rights Act has been exactly what the dictionary described in 1964: humans are male or female. Fast forward to 2020 and we find a whole new meaning to the term in popular society, including homosexual and transgender (not to mention dozens more gender descriptions).
Somehow the Court could not figure out that to apply this new definition to this word we find in an established and well accepted law from 1964 will completely rewrite this law. This is called judicial activism of the highest order. I expect this from jurists who are intent on legislating from the bench, but Gorsuch (and Roberts) assured us they would pay attention to the meaning of the actual text. This decision now throws religious freedom, women’s sports, Christian non-profit organizations, freedom of conscience, public bathrooms, private businesses and dozens of other groups, cultural norms and personal values into legal chaos.
This opinion conflates the word “sex” in 2020 with what the word meant in 1964, which is a complete corruption of original meaning of the word and therefore a complete corruption of the original intent of the law. Gorsuch, and his five liberal colleagues (at least in this case) have twisted the Civil Rights Act into a completely different law.
I went back to my old college textbooks to get a better understanding of the words “sex,” “transgender” and “homosexual” from that time period. I checked out a 2100+ page volume of Webster’s New Twentieth Century Dictionary (1975), Americana Encyclopedia (1954), my Psychology textbook (1971), Biology textbook (1969) and Sociology textbook (1969).
“Sex,” as a noun, had only one meaning: immutable, binary characteristics of male and female. It was only seen, in all of these books, as the biological reality of male or female. Sponges, and a few other simple animals and plants were bisexual in nature, but never is there any reference or even hint of the word “sex” being a fluid state for humans. The word “homosexual” is found, but not as an accepted societal norm, nor is it presented as being synonymous with or a subset of the word “sex.” “Transgender” is not even to be found in any of the books I consulted. I doubt if any member of Congress in 1964 ever contemplated the possibility that the word “sex” could mean anything except the binary biological reality of human existence.
Now it is open season on any person or institution (including churches) who does not accept this new normal for sexual discrimination laws.
Only the lawyers will win…


Doublespeak.

5/2/20

One week ago the Colorado governor issued executive order #44 for the pandemic. He calls it “Safer at Home,” as opposed to his previous “Stay at Home” order. When he discussed it a few days earlier at a press conference it was supposed to be the first step in opening up the state. However, in close examination this order is more like doubling down on the orders to keep Colorado closed, keeping everyone in something that looks a lot like house arrest and overall keeping a tight control on all we do in Colorado for the next 30 days… at least.

George Orwell had a word for this kind of rhetoric. He called it “doublespeak.” This is when the government says one thing, and in fact does the opposite. Another literary example of this manipulation of the public through shrewdly constructed press statements can be found in C.S. Lewis’ book “That Hideous Strength.” In it the protagonist is hired to deceive the public with newspaper articles which made completely repulsive public policies sound reasonable and even desirable.

In “Safer at Home” the governor is actually consolidating his power by ordering the state health department and local health districts to also issue orders that reinforce his orders. He continues to make every order at least 30 days long, even though the law only allows him to declare an emergency for no more than 30 days at a time, and then issue orders within that limited time frame. Counties are required to go through a complex system of approvals if they want to modify the strict standards of his statewide orders. And for those of us older than 65? We are still under the more strict Stay at Home order.

Some businesses are allowed to operate in a very limited fashion, but in all cases we are being treated like subjects rather than free citizens. At this point of controlling the effects of this epidemic and properly managing a collapsing economy the decision making authority should be returned to the citizens. Instead we see a governor who is gathering all of the power to himself and his centralized government system.

This “new normal” cannot be allowed to continue.

IT WILL NOT MAKE THE VIRUS GO AWAY but it will undermine our inalienable, Constitutionally guaranteed rights

I am just giving a brief overview of his six page executive order, which was followed by a 34 page order from the state health department. For a more detailed and much longer description of the governor’s orders I highly recommend Rob Natelson’s article in Complete Colorado. https://pagetwo.completecolorado.com/…/natelson-latest-cov…/

If you read Mr. Natelson’s article be prepared to be frustrated and confused. Not by his writing, for he is clear and concise, but by the complex, controlling and oblique commands the governor has created.





Can Weld County Open Weld County?

4/25/20

The Weld County Board of Commissioners have said that more businesses can open than the governor has decreed. As Commissioner Scott James is quoted in the Coloradoan ” ”free people in a free country” can decide if they want to open their businesses or do business with companies that may or may not reopen…”

Can they do that? The better question is can the governor stop them? The answer is, the governor probably has the power to stop them, but does he have the legal authority?

If you really want to dig into this first read the April 15 commentary published in the Washington Times. In this commentary Andrew Napolitano clearly lays out the principle that governors are always (including times of emergency) subject to the laws of their state, and the Federal government, including all Constitutional rights of the citizens.

So far Governor Polis has issued 43 executive orders concerning the epidemic. His authority to issue any of these orders comes from CRS 24-33.5, Part 7, concerning emergency management. This gives the governor extraordinary powers during the period of a declared emergency.

The provision allowing this to be an emergency is in CRS24-33.5-703(4), where “emergency epidemic” includes “highly fatal infectious agents or biological toxins.” COVID-19 was originally considered much more fatal than influenza. However, now that is being seriously challenged by recent scientific studies.

But lets assume this qualifies as an emergency epidemic. The governor can then issue quarantine orders. For this epidemic we have seen a new use of the word quarantine, for the governor’s orders are quarantining everyone, sick and healthy alike. Stay-at-home, safe-at-home and restrictions on “non-essential” businesses (which terms are not found in this Colorado law) are a form of quarantine.

But lets assume its okay to quarantine everyone. in CRS24-33.5-704(4) is states that “…no state of disaster emergency may continue for longer than thirty days unless renewed by the governor.” What we see in the governor’s 43 executive orders is what I call rolling 30 day orders, meaning he declares a state of emergency and then each succeeding order is 30 days from the date of that particular order. So a disaster was declared on March 11, but the governor violated his original order with each succeeding order by going beyond the original deadline of the emergency declaration of April 9. He did renew that original order on April 8, which will therefore expire on May 7, but again the new deadline is totally ignored by succeeding orders that declare deadlines beyond that 30 day limit. 

Colorado law, which the governor is bound to follow, limits his extraordinary emergency powers to no more than 30 days at a time. At the end of the 30 days he may chose to renew the emergency, but the law does not contemplate a constant state of emergency powers for the governor of Colorado. It is reckless and illegal for the governor to issue these orders that extend beyond his statutory limit of 30 days.

So, can the Weld County Board of Commissioners open Weld County? Yes, for they are stating the obvious. We are a free people in a free country. The governor is acting beyond the scope of his authority and the Weld County Board of Commissioners are calling him out on it.




It is Time to Re-Open Colorado


4/18/20

Some are saying that we need to give the shutdown another few weeks, essentially taking us through May before everyone can get back to work. They contend that all of the trillions of dollars of Federal government subsidies will protect our economy and we need this additional time to hold the virus back.

I strongly disagree for two fundamental reasons. 

First, concerning the epidemic:

Back in February we were told there would be exponentially accelerating cases that would overwhelm the medical system. Either because of faulty models, effective social distancing, or a combination of both, the worst case scenarios in this country never happened. What we are seeing in Colorado is new hospital admissions have been diminishing for the last two weeks. Hospitals and emergency rooms have been more empty than overwhelmed. The “curve” that has been so much discussed has been flattened and effective treatments to help many recover are being found. And we as individual citizens are social distancing and will continue to be careful, with or without the governor’s orders to shut down the state.

However, the only actual cure we really have on the immediate horizon is immunity from the virus, which inevitably means more people will get this highly contagious disease, regardless of the shutdown orders. The best numbers we have show it is a dangerous virus, but within the range of a serious influenza. If we continue the shut down for several more weeks, it will not make the virus go away, it will only extend the time until there is sufficient immunity to stop the epidemic.

Preliminary results released Friday from a Stanford study of Santa Clara, California confirms the mortality rate is in fact about that of a bad flu bug. It is highly contagious and the study showed that the actual number of persons who had already contracted COVID-19 was 50-85 times the “official” known, tested infection rate. Factoring in this data yields a mortality rate in the range of one tenth of one percent.

Second, concerning the impact this is having on the rest of our culture:

We are dismantling our economic systems. It is more than just high unemployment (which is a big problem). If this shutdown continues through May I expect something more like a depression.

A depression is where people die for lack of basic things like adequate food, proper housing, shortages of just about everything, lack of basic medical supplies, etc.. What we are toying with is not just inconvenience, we could be sacrificing our culture and our people for years to come. 

Another few weeks will geometrically escalate what is already developing into the deepest recession in our lifetime. It takes more than money to keep an economy afloat. It takes production and that has largely been removed from the economy for the last several weeks. Supply chains are currently stressed. Try ordering stuff from Amazon, it is taking several weeks for delivery. 

A few more weeks and we risk production and supply chains breaking. Businesses are stressed. A few more weeks and many will be out of business. That will take years to rebuild. At the beginning of the shutdown panic buying kicked in for toilet paper, sanitizers and some food staples. Due to the diversity and resiliency of our supply systems that smoothed out, but continue the shutdown for a few more weeks and as the tens of thousands of products that are still available start to dwindle, panic buying may take over in earnest.

But we will have squandered our robust economic capacity and recovery will be that much further out of our reach. The longer we wait the worse it will get.

The alternative that I am seeking is letting individuals decide what works best for themselves. The vast majority will chose to continue to social distance and protect those most at risk. But at the same time businesses can start to rebuild. Churches can assemble (as each sees appropriate), people can begin to be productive again and life can start to return to a somewhat more normal pace.





Public Health


4/11/20

About a month ago I commented to a doctor friend of mine that one outcome of this epidemic is that public health officials will probably lose a great deal of credibility. I based this on my experience as a legislator who had much experience in dealing with public health.

Recent reports have been questioning the accuracy of the numbers we are getting from public health and many citizens are also starting to question the authoritarian power we see coming from public health. We are hearing reports of doctors being told to list the cause of death as COVID-19 if it is present, or even suspected, even though some of these individuals had other medical problems that may have actually been the cause of their death. This exaggerated death count is then used as the reason for unprecedented orders that have shut down our economy and daily lives.

Additionally, as I have reported before, the big number they are always using is the total number of identified cases. This would certainly be meaningful if it had anything to do with how many actually have the disease, but instead this is only a metric of how many tests they have been able to perform, which is a very small fraction of the population. Additionally, I have not seen any serious attempt to give true meaning to that number with any scientific sampling of the general population, which could give us a reasonably accurate picture of the current spread of the disease.

What I see is just a lot of numbers being thrown about that do not give policy makers enough meaningful data with which they could balance the risk of the disease with the risk of the extreme orders being put in place.

The Colorado health department’s website is a good example of what I am talking about. It contains a lot of colorful graphics, but much of it is inscrutable.  For example, the graph listing COVID-19 deaths says it is by the reported date of the illness, or it can be listed as the date of the onset of the illness. Really? How about the date of the death, which would be a specific, identifiable and meaningful data point? Or is the graph just mislabeled? I have studied this everyday for the last couple of weeks and I still cannot make sense of it.

Public health officials are smart people. They could do a much better job of keeping the public and the policy makers aware of the actual facts concerning this virus epidemic. Instead we are all left to swim in an ocean of numbers that look scary, but are not very meaningful.

As a member of a legislative health committee for 14 years (and having served on a Colorado health commission before that) I learned to not trust public health numbers because too often they have proven to be more propaganda than hard facts. I wish it were not so, but public health has become something more than “hard science.” They have developed the skills of social engineers who know how to manipulate the presentation of the facts to get to their objectives. I do think that they are trying to ultimately do good, that is, reduce disease, but their methods of operation are highly suspect. Unfortunately these methods often frustrate the good they are intending. 

This goes way beyond information and orders during an epidemic. Public health drives the policies on emissions standards, the imminent ban on oil based paints and dozens of other petroleum based products, immunization lawsasbestos abatement, the regulations for doctorshospitalsclinics, and food preparation, etc..

As we move beyond the immediate impacts of this epidemic I hope our policy makers will put some guardrails around public health systems. First, public health needs to reassess their methods and motives. They need to be scrupulously accurate and authentic. They must stop trying to “spin” the facts.

Second, elected policy makers need more immediate oversight of public health authorities, particularly in times of emergencies. County commissions should have the power to directly and immediately veto any county public health directive. The legislature should retain that same direct and immediate authority over state health edicts and the governor’s executive orders. I do not expect this would create chaos in times of crisis. Instead, it should promote more measured responses and give our elected officials more say in critical times.

Finally, the legislative branch of our state government needs to take back their responsibility of making the decisions concerning the rules and regulations that governs our everyday lives. Public health has accumulated way too much power in setting the rules, fees and policies that the elected representatives of the people should be doing.

We are a nation and a state where the laws are supposed to govern the rulers, we are not, and should never be, a nation where the rulers become the law. Our government is designed to be controlled by the checks and balances of the many levels and branches of government. This principle should not be lost, especially in times of emergencies.

Our laws give extraordinary powers to the governor and public health authorities, but it should always be tempered with a sharing of that power with other, duly elected officials.

There is much we can learn from this pandemic. I trust one big lesson is that in a free society the rule of law must always govern the rulers.


 

Two Pandemics


3/14/20

We all know more about COVID-19 than we ever wanted to know, but there is another Pandemic taking over our world that is far more contagious. Its incubation period can be instantaneous, its symptoms amount to just about anything, and it can destroy just about everything.

I am talking about fear.

It is smart to get ahead of the challenges of COVID-19, but the biggest enemy I see on the horizon is fear and overreaction. Please don’t get caught up in it. During these trying times of cancellations, sickness, economic chaos and political turmoil it is easy to be ruled by fear.

Without fear driving our actions, we can take rational steps to protect ourselves and our family, and do what we can to help those in need.

During the first few difficult months of the Civil War, when addressing Congress President Lincoln said:

““Having thus chosen our course…without guile and with pure purpose, let us
renew our trust in God, and go forward without fear…”

Governments around the world are struggling to find solutions to the pandemic of COVID-19, but this was not a surprise for the Supreme Ruler of the universe. As with every major crisis, our ultimate hope is not in our own strength or knowledge, it is in the mercy and grace of our loving heavenly Father.

“…let us renew our trust in God, and go forward without fear…”



Marriage is Not to be Found in the Sex Ed Bill



3/3/19

Over the past few weeks I have given several descriptions of the sex ed bill, HB-1032. However, it is such a complicated bill it is hard to capture all that is within this legislation.

In some ways just as significant as the particulars in the bill are what has been left out of this radical legislation.

The most glaring omission is anything relating to heterosexual marriage. The bill bends over backwards to require the instruction of other human relationships, including the entire LGBT+ spectrum and even singles out a requirement that “immigrant communities” be represented in the discussions. However, nowhere is there anything that would indicate that “comprehensive human sexuality education” includes instruction on sexuality within the context of a heterosexual marriage.

A quick search of the reengrossed version of the bill yields not one use of the words “marriage,” “baby,” “child,” “wife,” “husband,” “man,” “woman” or “love.”  The word “children” is only found in an amendment Republican House members included in a part of the bill that will not become a part of the statutory law and that was adopted after a very long and contentious debate in second reading.

In 1032 human sexuality is discussed as an activity that occurs between humans, but only in the context of individuals. Nowhere is it portrayed as an essential component of a healthy family, structured within the exclusive domain of marriage. 

No, instead “gender stereotypes” are prohibited and “stigmatizing language,” is banned, which, considering the context of this legislation most assuredly includes the concept of teaching the merits of a one man one woman marriage.

Remember, this is supposed to be comprehensive, meaning the entire spectrum of what should be taught about the subject.

It is crystal clear. HB-1032 is intended to force feed all public school students in Colorado (charter schools included) a new morality that excludes the principle that marriage is the proper domain of sexual activity. Marriage has been an essential foundation for our American cultural mores for centuries, but in HB-1032 it is not even worth a mention. Instead it has been replaced with a new set of values that rejects traditional marriage and in its place puts up an “anything and everything else” set of values.



National Popular Vote Debate

March, 2019

On March 1, as a part of Centennial Institute’s program for CPAC, I was a part of a debate on the National Popular Vote, which the Colorado legislature just passed. Here is a link to the debate and the written comments I prepared for the debate:

https://www.youtube.com/watch?v=quKYu2wlVEk&t=1751s

For the sake of brevity I will call the National Popular Vote Compact the NPV.

Senator Gardner and I both oppose this bill. He considered the bill this year and I had the opportunity to hear this very same issue in 2007 in the House State Affairs Committee. That year it was called Senate Bill 46, which had passed the Senate. However, in the House committee, with seven Democrats and four Republicans we defeated the measure with a vote of 1-10. In 2007 this bill was killed with a strong bi-partisan vote. I wish I could say the same for this year.

The NPV will radically overturn the system we have for electing the President and it has the potential of doing much more damage to our civil government.

It severely upsets the balance of power between the states and the Federal government. It will deny all states not in the compact any meaningful role in selecting the President.

The compact violates several parts of the Constitution and, if it is implemented it may lead to a significant constitutional crisis.

I submit that the NPV could become a grave threat to the union of our republic.

In the current system the states elect the President, with the NPV individual state authority and influence will be severely diminished. Consequently the NPV will concentrate more power into the Federal government.

The NPV also violates several parts of the Constitution: Article I, Section 10, Article II, Section 1, Article V, and the Twelfth Amendment.

The proponents argue that in Article I each state is given the authority to determine how their electors are selected and all the NPV does is direct that state to ignore the will of their own citizens and follow the national vote totals. But, they are using this clause to completely destroy the reason the Electoral College system was created, which is to empower the states to elect the President.

The NPV is designed to become effective if a bare minimum of 270 electoral votes are controlled by the states participating in the compact. This would force at least 20-30 additional states who never adopted the compact to live under this new rule.

Additionally, the NPV does not require the approval of Congress, even though this is a constitutional mandate for all state compacts that affect the balance of powers between the states and the Federal government.

I conclude my opening remarks with bad news and good news.

First the bad: If the NPV is implemented, here is how it will play out. It will be challenged by some states not a part of the compact. I find it hard to believe the court will uphold the compact, but in either case the decision will cast a long, dark shadow of distrust on all succeeding presidential elections. We will have two separate, mutually exclusive mechanisms for electing the President, each endorsed by a large number of individual states. This will further divide the union into two distinct camps. In these times of razor sharp political conflict we cannot afford to fan these flames of disagreement and distrust.

Now the good news: There is a better way. If the proponents of the NPV are so convinced that the President should not be selected by the states, don’t try to work around the Constitution, amend it, as it is established in Article V. Go through Congress or go through the states directly, Article V provides both possibilities. Our Founders wisely knew that such dramatic changes needed to be a high bar, requiring a super majority of agreement.

The NPV Compact is an illegal end run around the principles and the process of our government. Please abandon this foolish and dangerous path. I welcome an honest and healthy debate on refining our civil government, but don’t tear down the authority of our Constitution. Work within that brilliant foundation which has guided our nation for nearly two and a half centuries.






COLORADO NATIVE

kevin@kevinlundberg.com   |   P.O. Box 378, Berthoud, CO 80513

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