Author: Jim

Categories
Accountability ballot access Common Sense First Amendment rights general freedom initiative, referendum, and recall

Really Protecting Our Rights

Incentives matter. Which is why Ohioans have much to celebrate
this week.

Federal District Judge Michael Watson turned his previous temporary injunction against enforcement of Senate Bill 47 into a permanent injunction. That statue outlawed non-residents from helping Buckeye State residents by gathering petition signatures for an initiative or referendum.

The case is Citizens in Charge v. Husted. Citizens in Charge — where I work — protects initiative rights. Jon Husted is the Ohio Secretary of State.

But Judge Watson went further, declaring Sec. Husted’s office liable for damages to one of our co-plaintiffs, Cincinnati for Pension Reform. The judge found that “a reasonable official would have understood that enforcement of the residency requirement would violate plaintiffs’ First Amendment right to engage in political speech.”

Public officials have what’s known as “qualified immunity,” which protects them from liability when acting in good faith. A spokesman for Husted offered a defense: they were acting “on the assumption that the law is constitutional.”

“Some qualified-immunity cases are difficult,” countered election-law expert Daniel Tokaji. “Not this one.”

Ohio’s residency law was ruled unconstitutional in 2008, after Ralph Nader’s presidential campaign sued. In 2009, the previous secretary of state officially acknowledged the law unenforceable regarding all petitions. Yet, seeking to block citizen petitions, legislators passed it again, and Husted was quick to enforce.

Maurice Thompson of the 1851 Center for Constitutional Law, our attorney, cheered the “deterrence” this decision provides.

“If public officials from the governor down through the police know that they will be liable for enforcing an unconstitutional law,” he explained, “they are far more likely to take Ohioans’ constitutional rights seriously.”

This is Common Sense. I’m Paul Jacob.

Printable PDF

Categories
Common Sense folly national politics & policies too much government

The Latest Big Fix

Government Fixes

Transformer-in-Chief Barack Obama is at it again.

The president’s latest tune is a variation on a very old theme: whatever government breaks “requires” a new government program.

See a problem; propose and enact a government solution; the problem gets worse, some new ones pop up; blame everything on the voluntary, “freedom” side; demand more and newer government programs.

It’s a trap. Literally, since it involves more coercion by government at every step.

Here’s the story: President Obama was largely repudiated at the polls last November. The performance of his administration and congressional allies proved so lackluster that his party couldn’t muster much of a vote in their favor.

So now Obama promotes the idea of compulsory voting.

“It would be transformative if everybody voted,” Obama said. He mentions Australia, which has had mandatory voting for a while. He doesn’t mention North Korea, which also forces its citizens to vote, or that totalitarian and authoritarian regimes have often used compulsory voting to give their dictators a patina of “democratic legitimacy.”

I’d be embarrassed to bring it up.

Obama brought it up in the context of fighting the influence of big money.

So, to fix particular problems, government gets involved in the economy generally, everywhere — and not by playing umpire to establish a “level playing field,” but by siding first with one group, then with another, with mandates, prohibitions, regulations, etc. (He calls all this “fair,” incredibly.) Naturally enough, affected businesses and individuals petition for insulation from each and every proposed “fix.” Many go on for special favors. This leads to increased money in campaigns, as well as increased lobbying.

So now? Direct coercion of citizens — simply to “get out the vote.”

It’s always force with these folks.

This is Common Sense. I’m Paul Jacob.

Printable PDF

Categories
Common Sense government transparency national politics & policies

What a Day for an Insult

Freedom of Information

Much of politics is timing. When you release information is key.

One favorite “statesman” trick is to bury unflattering information by “releasing” it on a Friday, right before the weekend.

This gives politicians a respite. Surely world events will have spewed up some worse (that is, more interesting!) story over the weekend, so on Monday, when journalism and its followers are back into the work week, coverage will be distracted and lessened.

I guess that’s why the White House waited till last Friday to explain it was officially removing Freedom of Information Act (FOIA) requests from the burdens on its Office of Administration.

Barack Obama, when he was running for office, proclaimed that his administration would be “the most transparent in history.” But he’s been following President Bush in keeping the administrative side of the White House as opaque as possible.

White House flunkies say this “cleanup” of FOIA regulations is “consistent with court rulings that hold that the office is not subject to the transparency law.”

Accept that, arguendo, and it still looks bad for the “most transparent” prez of all. He didn’t have to do this. He just wanted to.

Adding insult to injury, as noted by Gregory Korte in USA Today, “the timing of the move raised eyebrows among transparency advocates, coming on National Freedom of Information Day.”

This all relates to the current Hillary email scandal, too. It just so happens that the White House office now unencumbered by FOIA requirements is in charge of filing . . . old emails.

Coincidence?

Perhaps that’s why they risked announcing this on Freedom of Information Day. The irony was lost over the weekend.

This is Common Sense. I’m Paul Jacob.

Printable PDF

Categories
Common Sense national politics & policies Popular responsibility

My Privilege Isn’t White

Privilege

“White privilege” is all the rage . . . on college campuses. But is there anything substantive to the notion?

As long as some folks view individuals as nothing more than their race, I suppose one can accrue a few advantages simply by being part of the largest racial group.

Moreover, as I explained at length in my Sunday column at Townhall.com, numerous government policies do indeed hit minorities harder.

The War on Drugs has ravaged the black community much more than the white community, for example. This may result more from the higher poverty rates for minorities than to race alone: Police and prosecutors are more likely to arrest and harshly prosecute the poor for no better reason than that the poor are less able to defend themselves, legally or politically.

That’s wrong. We very much need major reforms of unaccountable police power and abusive prosecutors as well as end the drug war.

But getting back to that trendy “white privilege” — it misses a big source of “unfair” advantage.

I’m white, but my privilege mostly isn’t. Of my many advantages, my skin pigmentation nowhere near tops the list.

Whatever success I’ve enjoyed derives mostly from this: I was reared by two parents who supported me, nurtured me, corrected me and cared about me every day from before I was born to now.

No government program, no amount of money, can best that gift.

The most critical element in the success of black and brown and yellow and peach and white kids is not a politician who cares, but a parent — or, better yet, two — providing a nurturing environment, including tough love.

We could all use more of the “unfair” advantage that parents provide.

This is Common Sense. I’m Paul Jacob.

Printable PDF

Categories
Accountability ballot access Common Sense general freedom government transparency

Pierce Petition Power

Jerry Gibbs

Pierce County, Washington, Executive Pat McCarthy charges that “a majority of the County Council bowed to political pressure, even though this could set a terrible precedent that the most basic administrative actions of government can be derailed by the simple act of signing a piece of paper.”

Yeah, right.

At issue is a $127 million construction project to build a new county administration building. Back in February, the Council voted 4-3 to move forward on the project.

The total cost of the new building, including financing fees and interest, will add up to $235 million according to Jerry Gibbs and a group called Citizens for Responsible Spending. These activists filed a petition to demand a public vote on the issue next November.

As is all too common these days, their grassroots effort was quickly countered by the big guns: the city filed a lawsuit against them, attempting to block the referendum.

The lawsuit didn’t sit well with people in Pierce County.

“Why don’t they want this voted on by the people?” asked Gibbs.

“This is absolutely an abuse of power,” decried resident Sheila Herron, “this is bullying of a private citizen.”

Council Chair Dan Roach argued that the power to launch a court challenge must come from the council, which had not discussed it. He warned his fellow city officials: “you are sending a very chilling” message to citizens not to “dare try to challenge what we’re doing as the government.”

Last week, the County Council voted 4-3 to drop the lawsuit, bowing to political pressure . . . from the people they represent.

In short, good government broke out.

This is Common Sense. I’m Paul Jacob.

Printable PDF

Categories
Common Sense meme term limits too much government

Don’t think legislators deserve a 150% pay raise?

Arkansas Money Grab

The Arkansas legislature is on track to receive a massive pay hike. You can stop it.

Call (501) 682-1866

Learn more here.

 

Categories
Common Sense crime and punishment folly general freedom media and media people too much government

At Least We’re Not Turkey

Merve Büyüksaraç

Whenever I feel discouraged by the steady drumbeat of domestic assaults on liberty — from Obamacare to parents being accused of “child neglect” for letting their kids return from a playground by themselves — I try to remind myself:

Things Could Be Worse.

World history provides plenty of support for this dictum, but so does a glance at the newspaper. Like the story of how a single satiric Instagram post “could end up sending a former Miss Turkey to jail.”

An Istanbul prosecutor has been threatening to imprison Merve Büyüksaraç for up to two years for the heinous deed of insulting an official. Last summer she excerpted a satirical piece called “The Master’s Poem” that originally appeared in the magazine Uykusuz. Uykusuz has a habit of mocking Turkish politicians, including President Erdoğan.

“I shared it because it was funny to me,” she says. “I did not intend to insult Recep Tayyip Erdoğan.” Regardless of her motive, her post should not have put her at legal risk.

Buyuksarac is popular on social media — 15,000 followers on Instagram, double that on Twitter — a presence that makes her a target. The Turkish government doesn’t care whether she is an ardent dissident. They obviously just want to intimidate others with a readership who are inclined to ruffle the feathers of the powerful even a little.

So yes, things could be worse. Lots worse. They could also be a lot better. That’s what we have to fight for.

This is Common Sense. I’m Paul Jacob.

Printable PDF

Categories
meme

Arkansas Pay Raise

150% Pay Raise

Arkansans to get a 150% salary increase.

Oh wait… that’s for Arkansas Legislators. Meanwhile household incomes in our state are down 5%. Call the Independent Citizens Commission TODAY to stop this outrage!

(501) 682-1866

 

Categories
Accountability folly government transparency incumbents initiative, referendum, and recall meme term limits too much government

Stop Phony Crony Pay Grab

Arkansas Tricksters

Are people in Arkansas as stupid as their legislators think?

Last November, legislators tricked enough voters to narrowly pass Issue 3.

I’ve addressed before the measure’s dishonest ballot language, mis-identifying a doubling of allowed terms as the “setting of term limits.” And about a much-ballyhooed gift ban that has proven so weak that now most legislators are offered “free meals nearly every day.”

Perhaps the biggest of the tricks used to pass the measure was this: Hide from voters the measure’s establishment of an “Independent Citizens Commission” . . . a majority hand-picked by those same legislators.

This “Legislative Cronies Commission” (as it should be called) has announced it will unilaterally hike pay by an outrageous 150 percent!

The commission claims to have looked at legislative salaries in nearby states, except Texas and Mississippi — two states that just so happen to pay lower salaries. Economic factors were also considered, supposedly, but household income in Arkansas has actually dropped in the last decade.

The commission held only one poorly publicized hearing — at, get this, 10:00 am on a Monday, when most folks were working. No surprise, public comments have run ten to one negative. Letters and emails contain words and phrases such as “shameful,” “insult,” “actually sick to my stomach,” “a joke,” “ludicrous,” “appalled” and “slap in the face.”

This led Larry Ross, chief crony on the commission, to rudely dis citizens, telling the Arkansas Democrat-Gazette that he would look at the “quality” of comments, not the “quantity.”

Only a tsunami of public anger can stop this rip-off of Arkansas taxpayers. Act fast. A March 16 meeting is set to finalize the increase.

Tell the Independent [sic] Citizens [yeah, right] Commission what you think: call (501) 682-1866.

This is Common Sense. Paul Jacob.

 Printable PDF

Categories
Common Sense general freedom U.S. Constitution

Slavery & Racism

African Slaves

On Sunday, I marked an awful event in our history: The official beginning of chattel slavery as such in Britain’s American colonies.

At first, John Casor, an African indentured servant, had gained some control of his life. He charged his master, Anthony Johnson, a free black, with having forced him to labor longer than the term of his indentureship. He won, was freed, and then indentured himself to one Robert Parker.

But Johnson sued, and, on March 8, 1655, won Casor back — as a slave for life.

The case established a civil ground for slavery, also enabling free blacks to own slaves. Even as late as the Civil War, the South harbored families of obvious African descent who themselves owned African-Americans as slaves.

On the surface, American slavery wasn’t about race. But in the 1640 case of John Punch, sentenced to a life of slavery as criminal punishment for running away from his indentured servitude, his fellow escapees — whites — merely got longer terms of forced labor.

Racism, Thomas Sowell explains, became increasingly important to “the peculiar institution” as time went on. If you exalt the notion that “all men are created equal,” how do you square that with your slave-holding?

By denigrating the humanity of blacks.

This vile ugliness of racism is still with us, to some degree . . . and slavery, too — at least, in small pockets around the globe and in a much bigger way in the Muslim world. An estimated eleven million slaves are held in Africa and the Middle East. And black Africans are still the main victims.

Sunday was also the 240th anniversary of Tom Paine’s first American call for slavery’s abolition.

Ending slavery: it’s way past time.

This is Common Sense. I’m Paul Jacob.

Printable PDF