Category: too much government

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Accountability general freedom insider corruption local leaders moral hazard national politics & policies too much government U.S. Constitution

Separation of Senators

separation of power, conflict of interest, politician, interests, balance of power, civil asset forfeiture, legislative, executive, judicial

The separation of powers doctrine has been a bedrock principle of small-r republican government. Each branch — legislative, executive, judicial — should be independent, and check the power of the other branches.

This requires that no person hold positions simultaneously in more than one branch of government.

Which brings us to Nevada State Senator Heidi Gansert. In addition to being a legislator, she’s currently employed by the University of Nevada-Reno as executive director for external relations . . . an executive branch position.

One can certainly understand why she wants to keep her prestigious legislative perch, while maintaining her annual $203,000 from the university. But those pesky folks at the Nevada Policy Research Institute’s Center for Justice and Constitutional Litigation insist Gansert adhere to the constitution.

They’ve filed a lawsuit.

As if to dramatize why “separation of powers” matters, consider Senate Bill 358, which sought to reform civil asset forfeiture in Nevada. The legislation couldn’t get out of the Senate Judiciary Committee, where State Senator Nicole Cannizzaro is vice-chair. She also holds a $99,000 position as a Clark County deputy district attorney.

“Senator Cannizzaro’s presence on the Senate Judiciary Committee, as it pertains to forfeiture legislation, begs for a lesson on separation of powers,” the Nevada Policy Research Institute’s Daniel Honchariw wrote in the Las Vegas Review-Journal.

“Reform would’ve meant less money for district attorneys,” Honchariw explained, “which, in addition to police departments, directly profit from forfeitures.”

Nevada’s legal precedent on separation of powers is less clear-cut regarding Cannizzaro’s conflicting role in local government, than for Gansert’s state position. But the potential for mischief is the same — and obvious.

This is Common Sense. I’m Paul Jacob.

 

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Accountability free trade & free markets initiative, referendum, and recall insider corruption moral hazard national politics & policies porkbarrel politics too much government

A Wall of Separation

cronyism, pork, stadium, Tom Hanks, ballot initiative, welfare

Whatever you think of Thomas Jefferson’s letter to the Danbury Baptists, wherein he celebrated the First Amendment for “building a wall of separation between Church & State,” let’s agree that it would have been nice had he penned another letter — to the Waterbury Methodists or someone — urging a wall of separation between Sports and State.

Last week, actor Tom Hanks became another brick in my hoped-for wall. “It’s a billion-dollar industry,” Hanks said of the National Football League.

[T]hey have billion-dollar TV contracts. All the owners are billionaires. And yet when they want to build a stadium they’re going to use for 10 weeks out of the year, they expect the city taxpayers to buy the building.

Hanks is livid. The recent “deal” that lured his beloved Oakland Raiders to Las Vegas included $750 million in public funds to build a $1.9 billion stadium. The Raiders are planning to stay in Oakland for the 2017 and 2018 seasons, while that new stadium is built. “When the Raiders leave,” the beloved star declared, “I am going on an NFL moratorium for two years.”

Unfortunately, Hanks appears more angry that his team is leaving (eventually), than with the principle that taxpayers ought not be ripped off.

Subsidizing businesses is cronyism, not capitalism. It’s even more outrageous when the poor must pay for the rich.

But how to stop it? In every city where citizens can propose ballot initiatives, let’s petition and pass measures requiring a public vote before any such subsidy.

It may not be the great wall I’d prefer, but it’s a high hurdle providing taxpayers some important protection.

This is Common Sense. I’m Paul Jacob.

 

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Accountability crime and punishment folly general freedom moral hazard nannyism Regulating Protest too much government

The Oregon Fail

Oregon, traffic light, license, licensing, government, regulations, engineer

My children used to play “The Oregon Trail,” an early computer game where one navigated the amazingly dangerous wagon trip out west — often dying of dysentery or drowning while crossing a river.

Oregon remains treacherous.

Yesterday, we bemoaned the cancellation of a parade because a Republican Party group’s participation elicited threats of violence. Now, we find that writing a thoughtful letter to public officials about problematic traffic lights garners a $500 fine.

Mats Järlström, a Swedish electronics engineer, made the mistake of moving to Beaverton, Oregon, and then compounded his error by sending an email to Oregon’s engineering board alerting them to a traffic light problem that put “the public at risk.”

The Oregon State Board of Examiners for Engineering and Land Surveying responded by informing him that statute “672.020(1) prohibits the practice of engineering in Oregon without registration . . . at a minimum, your use of the title ‘electronics engineer’ and the statement ‘I’m an engineer’ . . . create violations.”

Mr. Järlström expressed shock at the bizarre response. “I’m not practicing engineering, I’m just using basic mathematics and physics, Newtonian laws of motion, to make calculations and talk about what I found.”

After a red-light camera ticketed his wife, Järlström investigated and discovered that the yellow light didn’t give drivers slowing down to turn at the intersection enough time.

He wasn’t disputing the ticket, just attempting to right a wrong. Which is apparently against the law, when bureaucrats are committing the wrong.

The Institute for Justice accuses the licensing board of “trying to suppress speech.” Thankfully, they’re helping Järlström sue in federal court.

This is Common Sense. I’m Paul Jacob.

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Photograph by Tom Godber on Flickr

 

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folly general freedom ideological culture responsibility too much government U.S. Constitution

UN-appealing

UN, U.N., United Nations, Obamacare, socialism, socialists

Like E.F. Hutton, when the United Nations’ Office of the High Commissioner for Human Rights “Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health” talks, people listen.

In disbelief, perhaps. Or amusement. But they listen. Well, at least Washington Post columnist Dana Milbank does, anyway.

Unfortunately, Milbank couldn’t get Dainius Puras — the Lithuanian doctor serving as the U.N.’s Special Rapporteur on the right of everyone to blah, blah, blah — to talk. Milbank did, however, uncover an “urgent appeal” sent by Puras to the U.S. State Department, with instructions to pass it along to congressional leaders.

Puras won’t discuss his confidential February letter until June, when “it becomes public at the next session of the Human Rights Council.” But the “leaked” letter announces the U.N. has launched an investigation to determine whether repealing the Affordable Care Act (Obamacare) violates international law.*

“The letter urges that ‘all necessary interim measures be taken to prevent the alleged violations’” Milbank further explains, “and asks that, if the ‘allegations’ proved correct, there be ‘adequate measure . . . to guarantee the accountability of any person responsible.’”

Should Congress repeal Obamacare, will U.N. troops occupy Washington, arresting congressmen for voting against its mandate?

The international body has no way “to impose its will,” Milbank acknowledges, seeming to wish it did and complaining that folks just “scoff at lectures from U.N. bureaucrats.”**

Taking solace, Milbank declares: “[T]he U.N. letter is at least a bit of moral support for those defending Obamacare.”

Moral support? From the U.N.? Now, you’re pulling my leg.

This is Common Sense. I’m Paul Jacob.

 

* Along with other U.N. gobbledygook, the letter cites Article 25 of the Universal Declaration of Human Rights, which proclaims, “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family” etc. etc. Standard U.N. speak: flowery, vague and unenforceable.

** People throughout the world and across the political spectrum — from the UK’s Daniel Hannan to Chelsea Clinton — scoff at the U.N. for being incompetent and corrupt. Not to mention thoroughly socialist.

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ideological culture political challengers too much government

Forwards ! Backwards ?

Emmanuel Macron, Marine Le Pen, France, French, elections, immigration, government,

France held an election over the weekend. Emmanuel Macron and Marine Le Pen came out on top, and will face each other in a runoff on May 7th.

Current polling puts Macron over Le Pen, 62-38. But a SkyNews reporter cautions: there is no certainty.

We in America have reason to respect that cautionary note. Our last election was an upset against the establishment candidate in favor of a wild card often dubbed “far right” and even “fascist” — which is precisely what Ms. Le Pen is being called.

Indeed, pitting a Big Government “centrist” (Macron) against an anti-immigrant protectionist (Le Pen) in the context of an economic slump and rising terrorism, and with neither candidate having much contact with limited-government principle, eerily echoes the 2016 U.S. presidential race.

But, on closer inspection, the parallels between the American and French contests appear inexact. Macron’s En Marche ! party* was created just over a year ago, while Le Pen’s National Front has continually found itself on the margins of power, despite its rise in popularity.**

Still, it is hard not to suspect that Ms. Le Pen could come from behind to upset the status quo. Macron is not invulnerable. The man worked, after all, in Hollande’s government, and Le Pen has characterized him as a socialist in a snazzy suit.

Macron is way ahead in the polls. And TV experts talk about how reliable modern polling is, while we in America . . . snicker.

But, since France lacks an Electoral College, can Le Pen really “Trump” the odds?

France will be in for a bumpy fortnight.

This is Common Sense. I’m Paul Jacob.

 

* Amusingly, the party’s initials are identical to those of its founder, Emmanuel Macron. “En Marche !” (the extra space is there in party material) translates into English as “Forward!” or “On the Move!” and is formally designated as the Association pour le renouvellement de la vie politique (the Association for the Renewal of Politics).

** All the established, formerly governing parties are on the outs.

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Accountability moral hazard nannyism national politics & policies responsibility term limits too much government

Ida-Heave-Ho

Gov. Butch Otter, Idaho, veto, asset forfeiture, term limits,

“Is there any chance the vetoes can be overridden?” asked a reader in response to yesterday’s commentary on Idaho Gov. Butch Otter’s veto of two pieces of common-sense legislation.

It’s a good question, because the bill reforming civil asset forfeiture and the bill easing regulations that block employment in cosmetology both passed by wide margins. Unfortunately, the answer is NO. 

According to the Gem State’s constitution, the governor has ten days after legislation reaches his desk or, at the session’s end, ten days after the legislature adjourns to decide whether to sign or veto a bill. If he vetoes after adjournment, it cannot be overridden — unless the legislature comes back into session.*

Only the governor can call legislators back into session, which is exceedingly unlikely if a new session would entail a veto override.

It turns out that Idaho is one of only six states where legislators are unable after adjournment to override a veto. Still, the problem’s simple enough to solve: legislators could propose a constitutional amendment changing the process.

Senator Steve Vick did just that, in 2014 and again in 2016. But though his amendment garnered the two-thirds majority needed in the Senate, the House never took it up. He plans to reintroduce it next year.

There’s another constitutional change needed: term limits for the governor. A 2015 poll found a whopping 84 percent of Idahoans favor such limits. Yet, legislators may be squeamish, knowing that those same voters (by that same margin) also want legislators term-limited.

“Sometimes it is amazing,” Idaho Politics Weekly’s Bob Bernick explained, “how elected officials can just ignore the will of voters.”

This is Common Sense. I’m Paul Jacob.

 

* Gov. Otter also vetoed the legislature’s repeal of the state sales tax on groceries, the timing of which legislators are challenging in court.

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Accountability general freedom local leaders moral hazard national politics & policies property rights responsibility too much government U.S. Constitution

A Bad Haircut

Gov. Butch Otter, Idaho, asset forfeiture, licensing, veto

Eric Boehm over at Reason excoriated Idaho Gov. Butch Otter for giving libertarians “the double bird salute.” Boehm wondered if the governor, in vetoing two bills earlier this month, had been merely “trying to make libertarians mad.”

That’s not exactly fair.

The two blocked bills, one reforming unjust civil asset forfeiture and the other easing pernicious regulation of cosmetology, did certainly appeal to libertarians. But they also appealed to conservatives and liberals. And both passed with bipartisan support.

House Bill 139 would have reduced the number of training hours for a cosmetology license and allowed folks to fix hair at special events like weddings without a license, etc. “The fact that many lawmakers, Republicans and Democrats, liberals, moderates and conservatives, are working together to advance legislation in the interest of economic opportunity and prosperity,” argued Wayne Hoffman of the Idaho Freedom Foundation, “is a thing of beauty for a profession that’s all about beauty.”

But beauty is in the eye of the beholder. Those who run cosmetology schools probably like more mandated hours and folks in the profession might wish for less competition. Governor Otter said as much, complaining that HB 139 was written “without input from interested parties or due regard for the health, safety and welfare of the public.”

Just how dangerous is a bad haircut?

Putting safety in context, Hoffman explained that the current mandated hours of training for a cosmetology license “is more than is required to become an EMT in Idaho.”

Gov. Otter vetoed HB 202, the civil asset forfeiture reform, at the behest of “law enforcement” — the very interested parties who gain from taking people’s stuff without bothering to charge or convict them of a crime.

That makes no sense . . . according to Common Sense. I’m Paul Jacob.

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general freedom Regulating Protest too much government

Democracy More Dead

President Recep Tayyip Erdogan, Turkey, election, democracy, authoritarianism, ,

“Turkey’s democracy died today,” CNN headlined its report on yesterday’s national constitutional referendum. The measure contained 18 significant changes designed to further empower the country’s already seemingly all-powerful President Recep Tayyip Erdogan.

CNN is behind the times. Turkey hasn’t been a real democracy for some time.

Even before last summer’s coup attempt, as Newsweek informed, President Erdogan launched “attacks on Turkish demonstrators, the press, the Turkish judiciary and police officials launching corruption investigation against him.”

Post-coup, the gloves really came off. Erdogan declared a state of emergency, firing or suspending over 125,000 government workers and arresting more than 40,000 citizens, including more than 100 journalists.

Freedom of the press no longer exists.

Considering the tight media controls, the barring of many opposition events and violent attacks on those campaigning against the change, “Many analysts were surprised by the close result,” noted the New York Times. The referendum passed only 51 to 49 percent, losing in the three largest cities: Istanbul, Ankara and Izmir.

Authorities changed the rules after voting had begun, sparking demands for a partial recount; accusations of election fraud abound. Nonetheless, President Erdogan has declared victory. The outcome is unlikely to be overturned.

Now, he’ll be able to appoint (without any legislative branch check) a majority of the nation’s highest court. He will also be able to issue decrees, previously forbidden.

Another huge change is re-setting the term limits clock. Now Erdogan may remain in power until 2029.

Before our eyes, Turkey has become an authoritarian nightmare. Such a regime cannot be counted as an ally. Yet, with the close vote, don’t count the Turkish people out.

This is Common Sense. I’m Paul Jacob.

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free trade & free markets general freedom ideological culture moral hazard nannyism national politics & policies responsibility too much government

Escape from New York

New York, Cuomo, college, tuition, Bernie Sanders,

“New York City is a walled maximum security prison,” exclaimed posters for Escape from New York (1981, R). “Breaking out is impossible.”

Now, as part of new legislation giving “free college” to New Yorkers, politicians take the same high concept from the film and extend it to the entire state.  

What, you ask, does Escape from New York have to do with free college?

First, it’s not actually free college, but only free tuition for state and city colleges.* And note that tuition costs currently run less than half the price tag of room-and-board, books and fees. Moreover, the freebie is only for students whose parents earn less than $100,000 annually, beginning in Fall 2017. In 2018, the threshold jumps to $110,000 and to $125,000 in 2018.*

Gov. Andrew Cuomo, a likely 2020 Democratic Party presidential candidate, pushed the idea of bestowing free tuition in his State of the State address months ago. He also brought in Vermont Senator Bernie Sanders, who dangled free college during the 2016 campaign and has now introduced legislation in Congress.

But the Empire State Legislature amended the bill. Knowing full well the economic climate created by their previous policies, these venerable solons feared New Yorkers might take the free tuition, earn a degree and quickly move.

To someplace with jobs, perhaps.

So, the legislation requires student recipients of the free money to remain in the state – not escape – for as many years as they received the free moolah.

How will they keep graduates from leaving? Well, the movie trailer hyped that, “The bridges are mined. The rivers are patrolled.”

And those who leave also must pay back the tuition as a loan.

If caught.

This is Common Sense. I’m Paul Jacob. 

 

* There’s also a subsidy program for those attending private institutions of higher learning, if those colleges match the $3,000 the State puts up.

** New York state ranks 16th in median household income, at $60,850 in 2014. Therefore, the cap will deny this benefit to quite a few upper middle class and wealthier families.

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Accountability crime and punishment moral hazard nannyism national politics & policies property rights too much government

What’s Being Forfeited

asset forfeiture, banks, banking, IRS,TIGTA, Bank Secrecy Act

What do you call those who prey upon the innocent, illegally snatching their money?

Thieves? Muggers? The Mob?

Government.

Last month, the Treasury Inspector General for Tax Administration (TIGTA) issued a report on the Internal Revenue Service’s use of civil asset forfeiture against Americans accused — well, not accused . . . more like suspected . . . well, not actually suspected of doing anything wrong, but willy-nilly deemed guilty without charge, judge, jury or conviction — of “structuring.” That’s depositing less than $10,000 in cash into a bank to avoid all the paperwork demanded by the United States Congress at that amount.

Congress passed the Bank Secrecy Act, making structuring illegal, supposedly to trip up drug traffickers and money-launderers. But that is obviously a ruse, as the TIGTA report makes abundantly clear. The IRS is simply snatching money — they won’t tell us how much — right out of individuals’ and businesses’ bank accounts.

Pity the cash-oriented business that doesn’t accumulate at least $10,000 to deposit.

The TIGTA report highlights that an incredible 91 percent of the time, the IRS acted “against individuals and businesses whose income was legally obtained,” and whom the IRS did not suspect of criminal activity. Also, through the IRS’s process of thievery “the rights of some individuals and businesses were compromised.”

Why is the IRS using the law to pilfer from the innocent, instead of the guilty?

As I explained Sunday at Townhall.com, it is easier and more profitable to make “quick hits” against innocent businesses rather than devious criminals.

When those responsible for protecting the innocent from criminals, instead, illegally twist the law to victimize the innocent, it’s called tyranny. And what is forfeited is much more valuable than mere money.

This is Common Sense. I’m Paul Jacob.

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