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Accountability general freedom government transparency incumbents insider corruption local leaders moral hazard national politics & policies term limits

“Dorky” Doesn’t Define It

“Term limits,” said Daniel McCarthy, editor of The Modern Age, in a recent podcast conversation with historian Tom Woods, “was one of the dorkiest ideas of the 1994 so-called Newt Gingrich revolution.”

He characterized it as not having really gone anywhere.

Huh?

Granted, Congress is still not term-limited. But Americans in 15 states — including California, Colorado, Florida, Michigan, and Ohio, and representing 37 percent of the nation’s population — do enjoy term-limited state legislatures.*

And it sure wasn’t Newt Gingrich’s idea. Gingrich opposed it.

McCarthy repeats the old chestnut that what term limitation “winds up doing is actually weakening Congress and congresspeople in particular — relative to their own staff, who stay in Congress and become sort of experts and learn how to manipulate their congressman, and also relative to the executive branch who have people rotate in from time to time.”

Nifty theory — one very popular with politicians, who know that voters fear unelected influences on legislation.

The reality, however, is that Congress, designed by the Constitution’s framers to be both most powerful and closest to the people‚ is, today, the weakest branch.

And legislators are not term limited.

Ditch the “manipulation theory”; adopt a “collaboration theory”: legislators with Methuselah-long careers learn, sans “rotation in office,” to feather their own nests and those of the interest groups that fund their re-elections (and insider trading schemes).

Term limits remain popular with normal Americans because voters intuitively grasp the reality of such everyday corruption, which is directly tied to Congress having sloughed off so much constitutional responsibility.

We need term limits to restore a Congress sold out by professional politicians.

This is Common Sense. I’m Paul Jacob.

 


* Nine of the ten largest cities in America likewise have termed-limited their elected officeholders. For more information, see the links to the column from which this episode of Common Sense is condensed.

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Accountability government transparency insider corruption local leaders media and media people nannyism national politics & policies political challengers Regulating Protest responsibility

Not Fine with Feinstein?

Could it be that Sen. Dianne Feinstein, Democrat of California, may not be liberal enough?

The San Francisco Democrat has ostensibly represented the Golden State in the United States Senate for the last 26 years. Before that, Feinstein spent eight years on San Francisco’s Board of Supervisors and then a decade as mayor.

Now, after 44 consecutive years as a public official, what does the 85-year-old Feinstein seek? More. That is, another six-year lease on her powerful perch in the U.S. Senate.

But the Executive Board of the California Democratic Party — Feinstein’s Party — just said, “No way!”

A whopping 65 percent of the 333-member board opted for State Sen. Kevin de León, a fellow Democrat seen as more “progressive.” Only seven percent supported endorsing Feinstein.

Keep in mind that Feinstein is already on the November ballot. She was the leading vote-getter in California’s primary last month. Yet, she received only 44 percent of the vote: a majority does favor someone else.

In February, 2,700 activists at the State Democratic Party Convention in San Diego voted 54 to 37 percent for State Sen. De León over U.S. Sen. Feinstein.

“Feinstein, who spends much of her time in Washington, has had a distant relationship with party activists for years,” noted the Los Angeles Times report.

Still, what Democratic Party activists want may not matter so much. Mrs. Feinstein enjoys tremendous name recognition and, according to the Times, has “$7 million in campaign cash socked away as of May, ten times what De León had.”

That money seems to be Sen. Feinstein’s real base of support.

This is Common Sense. I’m Paul Jacob.

 


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Accountability crime and punishment government transparency media and media people moral hazard national politics & policies Regulating Protest responsibility

The Deeply State

FBI agent Peter Strzok is offended.

Deeply.

He takes pains to clarify: he sent emails during the last presidential campaign expressing a willingness and readiness and commitment to preventing a Trump Presidency because he, Agent Strzok, is patriotic.

Deeply.

During yesterday’s contentious congressional interrogation, fielding questions regarding just how anti-Trump he was during the last presidential campaign, Peter Strzok denied that his obvious and admitted political bias affected his professional conduct.

“Like many people, I had and expressed personal political opinions during an extraordinary presidential election,” said Agent Strzok. “My opinions were expressed out of deep patriotism.”

But it wasn’t just a matter of expression, was it? One text message was an assurance that he would “stop” Trump’s election. When challenged on this, Strzok admitted that his memory was faulty.

Deeply?

“At no time, in any text,” Strzok said, decisively, “did those personal beliefs enter into the realm of any action I took.”

When a citizen expresses a credible threat to a president, federal agents investigate. His exchange with his “girlfriend,” Lisa Page, was not what we now call an “existential threat,” of course. Ms. Page had texted her worry about a Trump win: the man was “not ever going to become president, right? Right?!” Strzok’s reply was not vague: “No. No he won’t. We’ll stop it.” The threat is, at most, covert-political, back-room. FBI-ish. The couple were, after all, a part of an investigation into Donald Trump’s alleged Russian connection.

Though one could easily understand a married man assuring his inamorata simply to puff himself up in her eyes, this assurance sure looks different to our eyes — it cannot help but make us suspicious.

Deeply.  

This is Common Sense. I’m Paul Jacob.

 


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Accountability folly general freedom government transparency initiative, referendum, and recall local leaders nannyism responsibility too much government

Minimum Sense

Suddenly, the Democrats who dominate the Washington, D.C., City Council seem unwilling to increase the minimum wage for tipped workers — despite their official support for legislative minimum wage rate increases.

And a vote of the citizens.

Initiative 77, which passed easily last month, requires restaurant employers to incrementally increase the “tipped wage” until rates “reach what will be the uniform minimum of $15 an hour by 2025.”

“Initiative 77 is something I believe will be very harmful to our restaurants and, more importantly, our restaurant workers,” argues Councilman Jack Evans, one of three council members pledging repeal.

A spokesperson for One Fair Wage DC, calling a repeal “deeply undemocratic,” notes that “D.C. voters don’t like it when Republicans in Congress do it, and we trust council will not stoop to that level.”

Yet it would not be “the first time the city’s lawmakers overturned a decision by the electorate,” the Washington Post reminds readers, citing “a decision in 2001 when the D.C. Council overturned term limits approved by voters.”*

I’m all for ballot measures to decide any issue the people have a right to decide . . . limited by all of our inalienable rights as individuals. Minimum wage laws constitute an abuse of our First Amendment right to association, which neither legislatures nor voters may legitimately abridge.

That the council doesn’t recognize this right of association, yet nonetheless thinks it should nullify a vote of the people tells you everything you need to know about the sorry state of representation.

This is Common Sense. I’m Paul Jacob.

 

 


* And even quoting moi on the incredible hypocrisy dating back 17 years: “If you’re in a city struggling to get representation in the first place, that’s a terrible signal to say that your own local officials don’t respect their own citizens.”

 

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Accountability ballot access folly general freedom ideological culture initiative, referendum, and recall media and media people national politics & policies political challengers responsibility U.S. Constitution

Should Non-Citizens Vote?

“A lot of people would like to say this is an immigration issue. It’s really not,” offered Gary Emineth, the head of North Dakotans for Citizen Voting and a candidate for state senator.  

“It’s really about preserving the right for U.S. citizens, and in our case, North Dakota residents, to only be the voters in all elections across the state of North Dakota,” added Emineth. “And that’s why we want it in the constitution.”

Turning in more than 35,000 voter signatures on petitions last Friday, Emineth and others placed a constitutional amendment on this November’s ballot that, if passed, would make voting the exclusive right of U.S. citizens in North Dakota.

Elsewhere in the country, Emineth points out, non-citizens are already voting — in Chicago and San Francisco, and in 11 cities across Maryland. Moreover, campaigns are underway across the country to give non-citizens the vote — in California, Connecticut, New York City, Boston and Montpelier, Vermont.

Opponents claim the North Dakota measure is completely unnecessary, as the state doesn’t currently allow non-citizens to cast a ballot, nor has any city yet attempted to allow non-citizens to vote. But Emineth’s goal is to keep it that way.

Moreover, University of North Dakota Law Professor Steven Morrison acknowledged to The Forum in Fargo that “the proposed amendment does clean up what could be a grammatical loophole since the word ‘every’ doesn’t conclusively exclude non-citizens from voting. . . .”

It is a very simple proposition: Do you want voting to be the exclusive right of U.S. citizens? Or should non-citizens be allowed to vote?

Coming to a ballot near and Fargo.*

This is Common Sense. I’m Paul Jacob.

 


* With some help from Liberty Initiative Fund.

 

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Accountability folly general freedom ideological culture media and media people moral hazard responsibility

Too Big for Breaches

“Any reporter who has covered Europe in the last decade has written a dozen articles or more,” The New York Times informs us, “about how one crisis or another has exposed the fundamental unsustainability of the European Union.”

I hadn’t noticed. Until recently, haven’t reporters and commentators been downplaying Europe’s looming crisis? But they cannot pretend “far right” separatist, decentralist and nationalist movements are marginal any longer, not after strong showings for Geert Wilders in The Netherlands and Marine Le Pen in France, and the Brexit vote.

Now everybody seems to be panicking.

Even the Times is half-predicting an end to what it calls the “European Experiment.”

The Times identifies the tension as arising from “calls for keeping out secondary migrants and demands to keep internal European borders open. It’s a version of the contradiction within the European Union itself: between an open union and a collection of sovereign states.”

Beneath all the brouhaha about freedom of movement across breached borders lies the real contradiction: between massive welfare states on the one hand and, on the other, freedom of movement, speech and all the rest.*

When governments offer freebies, they entice people into un-productive or at least sub-productive lifestyles. Which is not sustainable, especially when extensive. How many productive people must support how many unproductive people?

Then throw those domestic programs open to millions of migrants who lack even rudimentary language and First World skills? That’s how states subsidize their societies’ destruction.

Europe’s governments are way too big for their border breaches.

If you want traditional freedoms, you have to pare down government.

This is Common Sense. I’m Paul Jacob.

 


*Between social democracy (socialism lite) and the old liberal order.

 

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Accountability crime and punishment folly free trade & free markets general freedom judiciary local leaders moral hazard nannyism Second Amendment rights too much government U.S. Constitution

Ought Implies Cantifornia

“Strip away the absurdity,” writes Scott Shackford at Reason, “and it’s essentially a very technical ruling.”

Shackford is explaining a bizarre recent judgment of the California Supreme Court.

Politicians in Sacramento had, years ago, passed a gun control measure requiring gun manufacturers to “implement microstamping technology that would imprint identifying information on bullets as they were shot from semi-automatic weapons.” In 2014, Smith & Wesson announced that it would pull some guns from the California market rather than comply. Why? The technology just wasn’t ready yet.*

Since California’s Civil Code contains a section reiterating an old commonsense principle to the effect that the “law never requires impossibilities,” the National Shooting Sports Foundation sued to block the law.

But the group just lost.

The Court did say it could protect citizens from punishment, but it refused to nullify the legislation on constitutional grounds.

Unanimously.

Why do this? Apparently to protect California politicians in their ongoing social engineering schemes.

The dollar costs of trying to comply with impossible demands are huge, of course. But the biggest costs may be more subtle.

In moral philosophy, it is a truism to say that “ought implies can.” In natural law as understood long ago, an impossible law was thought not a law at all, justifiably ignored by anyone and everyone.

In a just state, flouting of maddening regulations like California’s would lead not merely to the defense of the absurdly put-upon citizen — as this court ruling still allows — but also to the nixing of the “impossible” law.

This is Common Sense. I’m Paul Jacob.

 


* Shackford notes that “a cynic might theorize that this is the law’s actual intent.” I wouldn’t limit that suspicion to folks given to cynicism. Pragmatists and political scientists and almost anyone else would be placing bets on that, too.

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Accountability First Amendment rights folly general freedom ideological culture media and media people moral hazard nannyism national politics & policies Regulating Protest too much government U.S. Constitution

Freedom “Weaponized”

Justice Elena Kagan has a way with words. The conservative majority on the court, she said after two recent rulings, is “weaponizing the First Amendment.”

What a phrase! But what does it mean?

“Conservative groups, borrowing and building on arguments developed by liberals,” explains The New York Times, “have used the First Amendment to justify unlimited campaign spending, discrimination against gay couples and attacks on the regulation of tobacco, pharmaceuticals and guns.”

First: if “liberals” now find themselves not supporting the idea of particular freedoms, or freedom in general, are they really “liberal”?

Second: “borrowing arguments” is what we expect to happen. Logic isn’t partisan.

Third: the point of the Bill of Rights is to “weaponize” the defense of freedom.

Remember, it is freedom of speech; freedom of the press; freedom of association; freedom of exercising one’s religion. The First Amendment weaponizes their defense by disallowing Congress from legislating against them.

Now, it has long been a “problem” that these listed freedoms blend together. They all work together or don’t work at all. And each points to freedom more broadly.

Kagan wants to read freedoms narrowly — though liberals historically have, indeed, read them broadly.

She’s objecting to two recent rulings. The first prohibits states from requiring pregnancy centers to talk up abortion options to their clients. An obvious free speech issue. The second prohibits governments from backing unions in their extraction of “agency fees” from non-members. An incontrovertible issue of freedom of association.

Kagan and The New York Times apparently think that “liberalism” means defending some freedoms in some contexts, but denying freedom in others.

This is Common Sense. I’m Paul Jacob.

 


 

Illustration by Newtown grafitti

 

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Accountability crime and punishment ideological culture media and media people moral hazard national politics & policies political challengers responsibility

Black Mask Terrorism

I was in Arkansas on Saturday when the downtown streets of Portland, Oregon, “exploded into its worst protest violence of the Trump era,” as The Guardian explains. “More than 150 supporters of the far-right Patriot Prayer group fought pitched street battles with scores of anti-fascist protesters. In total, nine people were arrested.”

Notice that “Patriot Prayer” — a group sponsored by a Republican Senatorial candidate, and which says it stands for free speech — was labeled “far right” while the “anti-fascist protesters” were not called “far left.”

Characteristically, The Guardian vagues it up. “Violence suddenly ‘erupted,’” noted a Romanian YouTuber of the British rag’s evasiveness. “Who started it? We don’t know.”

Well, from the videos I saw it looked like the “anti-fascists” started it. The “patriots” were marching down the street when a young man, with helmet and backpack, and a young women, dressed in black, marshaled antifa mobs towards the legal march, and then stones and bottles were thrown, and explosives, too . . . into the Patriot Prayer rally.

Note: the Patriot Prayer group had filed the paperwork for the march; antifa had not. The Portland police did not protect the licensed marchers, but did revoke their license, telling everyone to disperse (threatening “duress” to the non-compliant) after the violence broke out.

If you did not carefully look at more than one video, you might be confused. Indeed, not all videos showed the crucial break from peace to violence.

So, what other clues might one look for?

In old cowboy movies, whoever ganged up masked, and wore black, were usually the bad guys.

Antifa — thanks for providing the clues: masks, black fighting gear, and Luciferian handsigns.

This is Common Sense. I’m Paul Jacob.

 


 

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Accountability local leaders moral hazard porkbarrel politics responsibility tax policy too much government

Panic in the Prairie State

When your state has the lowest credit rating in the union, the highest population decline rate, and spends nearly a quarter of its annual budget on an out-of-control government-employee pension system, what do you do?

Raise taxes, of course!

That’s the advice of experts in Illinois, anyway.

You can see why they panic: The unfunded portion of Illinois’s public employee pension system amounts to $11,000 per person in the state. Something extraordinary must be done.

Yet, as Pat Hughes at the Illinois Opportunity Project insists, taxpayers need relief — not a statewide 1 percent property tax increase.

Besides, it is not as if tax hikes could solve the problem. “It was just last year that politicians raised the state income tax by 32 percent in a desperate attempt to balance the budget,” Hughes explains. “Despite over $5 billion in new taxes, the state was back in deficit spending in less than a year.”

Hughes mentions a number of tax limitation measures in the works. More power to them.

But what’s needed even more? Spending limitation measures.

No government can be trusted to offer anything but defined-contribution pensions — and no government, at any level, should ever manage a pension system. Politicians can’t help themselves. They just cannot resist the temptation to buy off the government-worker constituency by promising more in the future than financially feasible (or just plain old politically possible) to pay for now.

Other people’s money is theirs to spend. And a future financial bind? Some other politician’s problem.

This is Common Sense. I’m Paul Jacob.

 


N.B. Congratulations to the Illinois Policy Institute for its Liberty Center, which won its case against forced unionization, Janus v. American Federation, on June 27. Commentary about this Supreme Court case appeared on this site in early May, “Post Blindfold.”

 

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