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Common Sense

You Can Say That

Some people say that campaign finance reform won’t abridge freedom of speech. Just regulate how money may be spent or raised. Of course, in campaigns all you do is talk, whether on the air or in person or on billboards or balloons. That’s where the money goes. Speech. Yakking. Communication. To get folks to vote for you. It’s just a coincidence, I guess, that campaign finance regulations make it harder for challengers to talk than for incumbents.

Former presidential candidate John McCain is pushing a dangerous proposal that allows politicians to regulate those who speak against them. And it’s happening at the state level too. In many of the proposals, the link between violating free speech and protecting the incumbent is hard to miss. In Montana, one legislator wants to give office-​holders the right to review critical ads in advance. Groups would have to show their ad to the targeted politician before the ad can air. If the politician “rejects” the content and gee, what are the odds of that happening? the ad has to say so. Free speech?

In Virginia, one bill would have forced newspapers to collect ID from anyone submitting a political ad. The bill was defeated. But similar legislation is making the rounds in other states. Speech is just too scary to just let people talk, apparently. Paul McMasters, with Freedom Forum, says, “The answer to campaign speech we don’t like is more speech, not less speech.…” You can say that again. At least for now.

This is Common Sense. I’m Paul Jacob.

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Common Sense

Unsafe in Session

An anonymous wag once said: “No man’s life, liberty or property are safe while the legislature is in session.” How true. I get the worst of three worlds. Living in the Washington, DC area through no fault of my own, mind you I read not only about the D.C. City Council, but also about the legislatures of both Maryland and Virginia. That’s a triple whammy.

For instance, I constantly read complaints by the D.C. City Council about the dictatorial control of the city by Congress and the lack of any real representation for the people of D.C. in that Congress. But what does the Council really care about the people? They’ve routinely repealed election reforms passed by citizen initiative and are now gearing up to repeal term limits passed by 62 percent of D.C. voters.

In Maryland, the legislature has been rocked by numerous scandals with several lobbyists going to prison and politicians looking … well, corruptible. Legislators passed the usual feel-​good nonsense in response. Now lobbyists must fill out additional paperwork and cannot under any circumstances lobby a legislator from prison. Hey, that’ll help.

In Virginia, the legislature’s been even busier. There’s a bill to require school kids to recite the pledge of allegiance, unless they have a religious or philosophical excuse. We’re one big happy nation now! Another bill mandates that we can sleep only in the bedrooms of our home. My wife has complained about my napping on the couch, but I didn’t think she had that kind of pull.

This is Common Sense. I’m Paul Jacob.

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Common Sense

Divine Wrong

No idea was more completely overturned by the American Revolution than the so-​called “divine right of kings,” the notion that kings ruled over people by right granted from God, a right that was passed down from generation to generation. Well, looks like the concept is making a comeback.

John Dingell, a Democrat from Michigan, has been in the Congress since 1955. Yes, that’s 46 years. He took over the seat in a special election after his father died. His father had held the seat since 1932. So the Dingell bloodline has held the seat now for 69 years … and counting. There has been speculation that Dingell, almost 75, will step down soon, and help his wife or son the queen and the prince, if you like to snag the seat in his stead.

But in a recent speech, Dingell suggested he plans to spend pretty much the rest of eternity in Congress. Said he to President Bush: “If and when your daughters, Barbara or Jenna, are elected to Congress, I’ll be there.”

Of course, a congressman, or even the president, is certainly not a king. No matter what they may think. It’s just the family business. But somehow that doesn’t sound much better. It still implies that power is something to be gobbled up, monopolized, exploited for personal gain. That’s not what America is all about. If government is to be of, by and for the people, well, it has to first be “of the people.” Not of kings and princes.

This is Common Sense. I’m Paul Jacob.

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Common Sense

Zero Sense

A boy is suspended from a New York City high school for carrying a metal ruler … a ruler issued to him by the school itself. A girl is handcuffed at a Metro train station in Washington DC and led away by the police. Her crime? Eating a sandwich on the platform. Another girl is suspended from a Virginia high school for having a pair of scissors. Scissors, of course, are sharp. There can be no debate about that. And yes, rulers can poke people in the eye. And maybe sandwiches can be lethal weapons too. I don’t know. I guess it depends on what kind of mustard.

The authorities call this kind of thing “zero tolerance.” I call it zero discretion and zero common sense. The concerns are legitimate enough. Students and teachers should be safe in school. Transit authorities shouldn’t have to clean up after messy food eaters. But when common sense is expelled from the rules, the rules themselves become an arbitrary weapon. None of these young people was threatening anyone. All the school officials had to do was say “Keep the scissors in your desk, Sally” or “What’s that ruler for?” All the DC police had to do was say, “Put the sandwich down … now!!“It’s easier to swat flies with a sledgehammer than to apply reasonable principles reasonably. But if the goal is a safer and more civil society not to mention justice let’s put the sledgehammer down.

These days corrupt politicians and their pals often seem to get away with anything. Why don’t we get tough on them, and leave the innocent kids alone?

This is Common Sense.  I’m Paul Jacob.

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Common Sense

Stacking the Deck

Let’s say Bad Bart challenges you to a gunfight at the OK Corral. If you beat him you get a chance to clean up the town.

Just one problem. “You get only one bullet in your revolver,” growls bad Bart. “But I get six.” Doesn’t seem quite fair, does it?

But six-​to-​one is better odds than most political challengers enjoy against congressional incumbents.

Incumbents have all sorts of extra ammo, advantages which they voted for themselves and which you pay for. Special interests know which side their bread is buttered on, so most of their cash is showered on the incumbent. Guess who passed the campaign laws that make it tough for challengers to match that fundraising? Yep. Incumbents.

Then there’s taxpayer-​funded advertising, like public service ads. Taxpayer-​funded recording studios. Taxpayer-​funded mail touting the incumbent’s latest pork barrel “accomplishment.” Taxpayer-​funded constituent service. Taxpayer-​funded travel. Even taxpayer-​funded web sites.

All this turf is jealously guarded by those in power. In 1996, the FEC wouldn’t even let CompuServe give free web sites to all candidates for office. That would be an “in-​kind” contribution prohibited under law. But taxpayer-​funded web sites for incumbents are A‑OK.

Why do incumbents stack the deck in their favor in the first place? Well, just like Bad Bart, they like to win. Fair or unfair. Now career politicians say they’re going to even the playing field with campaign finance reform. Yeah, right.

This is Common Sense. I’m Paul Jacob.

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Common Sense

Shadow Government

We hire representatives to represent us. That’s their job, right?Well, these days we’re not getting the real deal. For a lot of reasons. One is that strings are being pulled from behind the scenes by folks we never voted for at all: congressional staffers.

You see, career politicians are typically absentee landlords. The dirty work of drafting legislation, even deciding its substance, falls to staffers, the so-​called “hill rats.” That can cause trouble. In one case, hill rats added a prohibition to a Justice Department budget against transferring personnel. The small reason was to save the jobs of a couple men running a small FBI office in Montana. But because of that trivial manipulation, the Justice Department was stopped from reorganizing its entire force on organized crime.

Once in a while there’s an uproar about this kind of thing, but usually the rats just get away with it. Former Congressman Mark Sanford was one legislator who worked to stem the tide of out-​of-​control staffs. Sanford, who voluntarily limited his terms in office, voted to cut committee staffs and voluntarily reduced his own office staff. But until the career politicians have an incentive to do more than just gear up for the next election, Sanford’s example will be a lonely one.

The job of representation should not one be palmed off on courts, regulatory agencies, or unelected staff. Legislators should make the laws, but too many are too busy pursuing their political careers.

This is Common Sense.  I’m Paul Jacob.