Some Thoughts On Making A Transportation “Lock Box” Judicially Enforceable

Governor Malloy has renewed his call for a constitutional amendment that would create a “lock box” for tax revenues dedicated to transportation infrastructure projects. He wants to ensure that certain sales tax and other revenues are actually used for the purpose for which they were levied.

I express no opinion on [have no expertise germane] to whether a transportation lock box makes good sense as a matter of public policy. I do have an opinion, however, on whether a lock box amendment would be judicially enforceable. My opinion is that unless the proposed amendment contains specific language vesting jurisdiction in the state courts to decide cases involving alleged violations of the lock box, the Connecticut Supreme Court will is likely to treat lock box disputes as “political questions” over which the judicial branch has no jurisdiction. The end result could be “feel good,” but legally unenforceable, language in the state constitution.

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