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Common Sense

No Taxation Without Representation

Okay, I’ll come clean. I’m no fan of taxes to begin with. I hope that doesn’t make me sound too un-​American. But as I see it, if taxes are going to be imposed, that’s a job for representatives, for legislators.

Remember that old line about “no taxation without representation”? Well, there’s a sister phrase that goes, “no taxation through judicial usurpation.” The courts are supposed to interpret the law and rule on the law, not make the law from scratch. They have no legal authority to be slapping new taxes on us. Yet more and more, that’s what is happening. For example, in Rockford, Illinois, the courts ordered more spending on schools than the voters had approved through various referendums. In New York City, courts ordered mandatory shelter for the homeless. The lawyer who brought the case was asked why he sued in court, instead of taking his case to the legislature. This guy admits, “Personally, I don’t like politics.” He says, “It’s really hard.” Yeah, it’s a lot easier to pass laws in a dictatorship. You only have to convince one guy. The examples could be multiplied.

Where are our representatives while all this is happening? Well, if they weren’t so gutless, they’d protest this kind of judicial dictatorship. But they’re so worried about getting reelected that it’s actually in their “interest” narrow political interest, anyway to let the courts make many of the tough decisions. So we’re without real representation, and we suffer, and our democracy suffers.

This is Common Sense.  I’m Paul Jacob.

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Common Sense

A Presidential Celebration

Whenever a new president takes the oath of office, we pay homage to the transition of power itself.

In his inaugural address, President Bush noted that “the peaceful transfer of power is rare in history, but common in our country.” He is right. While democratic forms have penetrated to every corner of the globe, sometimes the substance is a little lacking. But even our own democratic legacy can benefit from an occasional repair job.

For our own sake and for that of citizens around the world, we must keep our democracy strong. To do this, we rely on the good will of the people who lead us. We also rely on the checks and balances of our political institutions, which help ensure that no one branch of government and no single person can ever hold a monopoly on power.

We fought a revolution to get rid of a king. We don’t need another king. The Founders did not formally provide for term limits, instead placing their trust in the honor of those who would serve. For many years, their trust seemed justified: until Franklin Roosevelt, no president stood for office more than twice. But even many who had supported a wartime president for a fourth term saw the wisdom of making presidential term limits formal and official. And so, on February 27, 1951, the country ratified a constitutional amendment term limiting the presidency.

This year we celebrate the 50th anniversary of that amendment the 50th anniversary of a renewed and strengthened commitment to democracy.

This is Common Sense.  I’m Paul Jacob.

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Common Sense

Voters Be Damned

When it comes to elections, the local career politicians in New York City and Washington, D.C. would no doubt tell you that “every vote should count.”

But if they told you that’s the way they personally try to govern in their cities, they’d be flat-​out lying.

Instead, when it comes to their own political careers, these politicians are eager to trash the voters’ clear desire for term limits. The voters of New York City passed term limits for their mayor, city council and borough officials in 1993. There was no scandal that drove support for limits it was just good public policy, a way to open the political process to new people and keep current politicians a little closer to their communities.

In 1996, New York City politicians put a measure before the voters to lengthen term limits and delay them from going into effect. The voters said NO loud and clear.

Now these same politicians think they have found a legal loophole to repeal the limits without having to let the voters have a say on the matter. They are threatening a repeal as I speak.

In 1994, Washington, D.C. voters passed term limits by nearly two to one it won in every single ward of the city. Now as those limits are about to go into effect, the D.C. City Council is talking about repealing the people’s term limits law.

A Washington Post editorial urged the politicians to ignore the people on the issue and gut term limits. Seems that some folks think every vote should count only if and when that vote is for them.

This is Common Sense. I’m Paul Jacob.

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Common Sense

The Quality of Mercy

Pardon me; I thought I’d said enough about former President Bill Clinton. But his use of the presidential pardon power is in many cases just wrong — pardoning people merely on the basis of political connections and large campaign contributions.

“The quality of mercy is not strained,” Shakespeare tells us, but Mr. Clinton strains and reaches and contorts. As an attorney for several of those pardoned said, “You had to be on the inside.” Some even speculate that had the scandal-​ridden Clinton not been able to cut a deal with the independent prosecutor on his last day in office, he might even have pardoned himself.

Why does that not seem far-​fetched? The whole disgusting spectacle has led some to say we should end the presidential pardon altogether.

I disagree, and say to our new president: Use the pardon. But not as a sneaky means of bailing out cronies and contributors and the connected.

President Bush, use it to help the victims of injustice. Our justice system is the best on the globe, but every day it makes mistakes. And there are cases where a crime has been committed but the punishment meted out isn’t serving anyone.

Mr. President, use the presidential pardon in a way that will show us what is in your heart, not just who is “on the inside” of your Administration. Let the quality of mercy be not strained. And let it be guided by justice.

This is Common Sense. I’m Paul Jacob.

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Common Sense

The Incumbency Tax

Remember that line on your tax return that asks you whether you want to donate any of your taxes to the cause of giving face time to pious incumbent politicians?

Oh, don’t remember that line?

Well, the folks in power are helping themselves to your tax dollars to help themselves politically … whether you approve or not. Leave it to John Stossel to point out what seems to slip right past the radar screens of most of his colleagues.

In a recent installment of his “Give Me a Break” segment, which airs Fridays on “20/​20,” Stossel reports on the avalanche of anemic public service announcements starring incumbents across the land. For example, former Arizona governor Fyfe Symington appeared in a public service announcement reminding citizens to “avoid the sun from 10 to 4.”

Then there’s New Jersey Governor Christie Whitman, who tells viewers that “summers in New Jersey are full of surprises.”

Ohio Governor Bob Taft reminisces about how “My family and I have many beautiful memories of Ohio state parks.” Thanks Bob.

Perhaps the most prolific public service self-​advertiser is New York Governor George Pataki, who is eager to tell you that “New York lakes are full of life.” Oh, pack it in, Pataki!

Needless to say, all this taxpayer-​funded self-​promoting advertising can’t hurt come election time. The politicians say the ads “serve the public.”

Says John Stossel: “Come on! They’re using your money to serve themselves. Give me a break.”

This is Common Sense. I’m Paul Jacob.

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Common Sense

Politics Before Honor

One reason most Americans support term limits for members of Congress is that we see how the power of public office changes people. Not just political hacks, but thoughtful and dedicated people, too.

Now we have another example in Senator Paul Wellstone of Minnesota. Wellstone is known as a liberal Democrat. But in Minnesota the two major parties are relatively competitive and the governor is independent Jesse Ventura. So Wellstone’s reputation as an idealistic college professor who cares more about helping the little guy than a political career was key to his defeating a powerful incumbent and winning two terms in the Senate. And he said two terms would be all. That’s what Wellstone pledged to voters in 1990 and again in 1996: two terms and then he’d come home. Now he’s changed his mind.

Once again we see firsthand that good people can go to Washington and get co-​opted. And when it comes to breaking one’s word, true bipartisanship reigns. Republican House member Ron Lewis of Kentucky announced he is breaking his word to step down after eight years in office. Lewis isn’t a teacher like Wellstone, but rather a Baptist preacher.

If idealistic teachers and idealistic preachers can be corrupted by power, how can we expect the average politician to stay the course? That’s why we need term limits.

This is Common Sense.  I’m Paul Jacob.