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Accountability crime and punishment moral hazard national politics & policies property rights Regulating Protest responsibility U.S. Constitution

It’s Morning in Wisconsin

Regarding mornings, put me in Sheriff Hopper’s camp. He’s the Stranger Things character, repeatedly informing folks: “Mornings are for coffee and contemplation.”

Speaking of stranger things, who expects an early morning SWAT-like police raid on their home?

Three years ago, yesterday, that happened to Cindy Archer, and other conservatives in Wisconsin. Near dawn, a dozen police officers in flak jackets pounded on her door, carrying a battering ram just in case. Her dogs were freaking out and she feared they’d be shot. The police ransacked her home, confiscating her computer and smart phone.

This was a secretive John Doe investigation, so Ms. Archer was informed she could discuss the raid with nobody but her lawyer. The raid was public, the media tipped off, but Archer was prevented from defending herself publicly. Or even privately, among friends and relatives.

Her suspected crime?

Like her fellow targets, she had supported Gov. Scott Walker’s effort to reform the law regarding public employee unions. And for fundraising “coordination” in pursuit thereof.

The gag order slapped on conservatives in 29 groups might have prevented us from knowing the partisan political assault taking place, but Eric O’Keefe, the head of the Wisconsin Club for Growth, courageously spoke out.

“Had I honored their secrecy order, I couldn’t have organized our defense,” Eric O’Keefe told Blaze TV. “I decided quickly — look, this is supposed to be a free country, I’m going to operate as though it is, even if it isn’t today.”

First, John Doe Judge Gregory Peterson ordered the probe to close. Prosecutors appealed.

O’Keefe went to federal court and soon Judge Rudolph Randa agreed that Milwaukee County District Attorney John Chisholm and the Government Accountability Board were violating their rights. Randa warned: “[A]ttempts to purify the public square lead to places like the Guillotine and the Gulag.”

Randa’s ruling was stayed pending the appeal to the Wisconsin Supreme Court. “It is utterly clear that the special prosecutor has employed theories of law that do not exist in order to investigate citizens who were wholly innocent of any wrongdoing,” read the that court’s majority opinion.

Still, the persecutors persisted, asking the U.S. Supreme Court to hear the case. Yesterday morning, the High Court denied Milwaukee County’s appeal.

Calling the three-year dystopian odyssey “a disgraceful episode in Wisconsin history,” this morning Mr. O’Keefe is pushing the state legislature to have some coffee and contemplate (and then legislate) ensuring this never happens again.

This is Common Sense. I’m Paul Jacob.


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The Choice That Isn’t

Americans are used to being betrayed by their political representation.

This long series of infidelities has led to the current predicament, where the Republican and Democratic parties present us with the opposite of what most Americans want.

Why this vexing stalemate?

History.

The current Democratic President, Mr. Obama, gained both notoriety and trust for his stance against war. Rank-and-file Democrats rejoiced. The Bush Wars were over!

Nope. Obama grew into his role as war president.

Like his predecessor.

Under his watch, the U.S. expanded regime change to Libya, stretched the Afghanistan incursion into our longest war, and now sends more troops into Iraq. (Sans their boots.)

The peacenik manqué has discovered his talent for killing foreigners. His supporters, in consequence, “cling to” his other paltry achievements: a weak, ephemeral recovery; the imperiled, perilous Obamacare.

And a long series of lectures.

No wonder Democrats are demoralized enough to vote for hawkish Hillary Clinton, the least qualified presidential candidate in American history.

But wait, Obama hath ballyhooed: she is “the most qualified”!

Why “least”?

Because FBI Director James Comey just admitted* that any underling of his that had behaved as recklessly as she had with national security would be “disciplined” and “in big trouble.”

Instead, Americans may wind up hiring her . . . for Commander in Chief!

Republicans, on the other hand, have enthusiastically kicked at that “small government” football so many times, only to witness their “leaders” yank it away. Have they now given up? Donald Trump has no interest in limiting government; he talks of new spending programs.

With a “choice that isn’t” in these two losers, no wonder “we don’t win anymore.”

This is Common Sense. I’m Paul Jacob.

 

*Comey’s exact words, in July, were “They might get fired, they might lose their clearance” — expertly hedging with those mights — “There would be some discipline.” Though he could find no evidence of intent to commit a criminal act, Comey did judge Mrs. Clinton “extremely careless” and “negligent.”


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Accountability ballot access First Amendment rights general freedom government transparency initiative, referendum, and recall media and media people moral hazard nannyism Regulating Protest too much government U.S. Constitution

Four Measures for Rogue Government

Rule of thumb: don’t enact today laws that, had they been obeyed by folks in the original 13 states of our union, would have prevented independence.

Voters in Missouri, South Dakota, and Washington have the “opportunity” to enact such laws this November.

In “Beware of Anti-Speech Ballot Measures,” Tracy Sharp and Darcy Olsen, presidents of the State Policy Center and the Goldwater Institute, respectively, offer a warning. Focusing on Measure 22, the South Dakota Government Accountability and Anti-Corruption Act, they show how dangerous notions like forcing “nonprofit organizations to report the names and addresses of their donors to the state government” can be.

Such disclosure would subject non-profits “to possible investigation by an unelected ethics board that is given the power to subpoena private documents and overrule decisions made by the state attorney general. . . .” Rogue, star-chamber government.

Fever dream?

No. Sharp and Olsen highlight a famous U.S. Supreme Court case that protected the NAACP from the state’s demand for the group’s funding sources. Both women also offer personal tales of how nasty the opposition (in government and out) can become when big issues are on the line.

I can personally attest.

These measures fly in the face of what really matters — encouraging robust public debate. Democracy doesn’t work when people dread participation. As our authors challenge, “[d]o we want America to be a country where government keeps public lists of law-abiding citizens because they dare to support causes they believe in?”

Especially when, without the secret (unreported!) activities of the Committees of Correspondence, the USA would not have become united states in the first place.

This is Common Sense. I’m Paul Jacob.


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Original (cc) photo by Michael Tracey on Flickr

 

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Accountability national politics & policies political challengers responsibility too much government U.S. Constitution

How to Corrupt Politicians Without Really Trying

In a Townhall.com column last January, I argued that politicians weren’t “stupid,” as Mr. Trump had loudly proclaimed — to few objections.

The problem is worse: too many politicians lack honesty and integrity. They’re in the politics biz for their own lucrative ends.

Six weeks ago, I declared — again, to few objections — that “Politicians Must Suffer.” Despite the provocative, sizzling-with-Schadenfreude title, my point was simple: “lavish pay, pensions and other benefits for city councilmen, state legislators and congressmen constitute a serious problem.”

“It breeds,” I added, “bad behavior when politicians line their own pockets. . . .”

Well, I’m right.

At least, I’ve got some academic back-up from a new study by Mitchell Hoffman of the University of Toronto and Elizabeth Lyons of the University of California-San Diego, entitled, “A Time to Make Laws and a Time to Fundraise? On the Relation Between Salaries and Time Use for State Politicians.”

Sounds like a fascinating read, eh?

“Using data on time use and legislator salaries, we show that higher salary is associated with legislators spending more time on fundraising,” the study’s abstract reads. “In contrast, higher salary is also associated with less time spent on legislative activities and has no clear relation to time spent on constituent services.” [Emphasis added]

While their study jives with my experience, the Wall Street Journal reports that others were surprised. Authors Hoffman and Lyons explain: “When salaries are higher, politicians face a greater incentive to get re-elected (as the value of serving in office is greater). Thus, they will optimally respond by increasing the time spent on fundraising.”

Sounds like in addition to lower pay for politicians, we need term limits, too.

This is Common Sense. I’m Paul Jacob.


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Crime and Terror and Panic

Many people think crime is going up. But it’s going down.

Similarly, many people think terrorism is “an existential threat” to our very civilization.

Could the latter folks be wrong for the same reason the former folks are?

Because news reporting concentrates on crime, covering it intensely, incessantly — if it bleeds, it leads — we get the wrong perspective on crime. The long-term trend-line shows crime going down since the early 1990s. Though we’re now seeing upticks in certain big cities, it’s simply not all getting worse.

This is not a reason to slack off. It is a reason not to panic.

How is terrorism different?

In 15 years, there has been no repeat of 9/11/01, or anything close to it. Granted, there have been horrific homegrown terror incidents. That threat remains. Though, thankfully, last weekend’s terrorist spree wasn’t more effective: One bomb fizzled, another killed no one, and the mad jihadist knifer was himself put down before anyone was killed.

Some might note that the number of deaths as a result of automobile crashes* is far, far higher than from terrorism. Why worry more about the very small number of terrorist outbreaks in a huge country like ours?

Here’s why: the terrorism is intentional, and could become worse for whatever reasons flip normal Muslim men and women into jihadist radicals. So our vigilance must not abate.

But there’s another difference. Terrorists, unlike normal criminals, want to be noticed. The more we panic, the more they are tempted to seek to cause us to panic.

Terrorism, whether going up or down, requires, along with vigilance, a certain resolute calmness.

This is Common Sense. I’m Paul Jacob.

 

 

* Deaths from automobile accidents have been decreasing for decades, a 35 percent drop from 1979 to 2005. However, last year the U.S. had the “highest one-year percentage increase in traffic deaths in half a century.”


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The Crooked News Network

A recent Gallup poll found Americans’ trust in their news media has fallen to the lowest level ever recorded. Only 32 percent expressed either “a great deal” or “a fair amount” of confidence in the press “to report the news fully, accurately and fairly.”

Trust among Republican is down to a mere 14 percent.

Sad statistics . . . but not surprising. Remember Rathergate in 2004?

Over the weekend, CNN earned its “Clinton News Network” nickname by blatantly misreporting Hillary Clinton’s and Donald Trump’s responses to the terrorist bombings in New York and New Jersey.

Both candidates initially called these incidents “bombings” — even before government officials had definitively confirmed the obvious. But in its reports, CNN edited out Mrs. Clinton’s remarks to that effect and ran with the angle that Mr. Trump was irresponsible for saying . . . well, what she said.

“The press has since largely slammed Trump for referring to the explosion as a ‘bomb’ too soon,” reported The Hill, adding that major media outlets have somehow “also failed to mention Clinton in focusing on Trump.”

Some blame the public’s low esteem for the media on Mr. Trump’s scathing attacks. The Donald dubbed CNN, for example, “disgusting and disgraceful” over this latest controversy.

He’s right.

Enough. CNN’s desire to propagate stories favorable to one candidate and unfavorable to another has spiraled down to the withholding of relevant information, for no better reason than to mislead the public. As a news junkie with an itchy trigger finger on my TV remote, I’ve stopped clicking over to CNN.

Now, Anthony Bourdain’s Parts Unknown will be even more so.

This is Common Sense. I’m Paul Jacob.


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Accountability ballot access folly general freedom media and media people national politics & policies Regulating Protest too much government

The Two-Product Economic System

What if our economy worked like our political system?

Only two major companies would provide any particular product for sale. But don’t worry — we’d still have a solid choice between “This Product Is Obnoxious” and “I Don’t Trust This Product.”

Those two companies would create a non-profit entity — a Commission on Product Debates — empowered to determine the rules under which any upstart company could present its “third-choice” product to consumers.

That Commission would prevent any third-choice product from standing on the marketplace stage where consumers could compare it face-to-face with the two established choices . . . until it captured 15 percent of the market.

Last week, in real life, the Commission on Presidential Debates announced that its upcoming September 26th debate would feature only Republican Donald Trump and Democrat Hillary Clinton.

Neither Libertarian Gary Johnson, averaging 8.4 percent in the five commission-approved polls, nor Dr. Jill Stein, the Green, at 3.2 percent, met the 15 percent threshold set by the Commission.

Forget that polls also show nearly two-thirds of consumers — er, voters, want Johnson and Stein in the debates. You can’t win ’em all.

Or any at all . . . if you can’t take your product to market. And the presidential debates are an essential space in today’s political marketplace.

No third-party or independent presidential candidate has been allowed on that debate stage since Ross Perot qualified in 1992, at the time polling at 8 percent — below Johnson’s current percentage.

That was before the Commission required a polling threshold. After those debates, one in five Americans voted for Perot on Election Day.

Duopolies do not serve us well. They cannot. That is not even their aim.

This is Common Sense. I’m Paul Jacob.


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Colorado’s Problematic Solution

There’s a problem in Colorado, or so we’re told. And a solution. But the one doesn’t seem to match the other.

The problem, according to the supporters of Amendment 71, is too many constitutional amendments.

Their solution? Pass another constitutional amendment.

Moreover, even though two-thirds of constitutional changes have been proposed by legislators, not by citizen initiative, Amendment 71 makes it much tougher for citizens to propose amendments, while not altering the legislature’s power.

Maybe that’s because their committee, Rig the Bar . . . er, Raise the Bar, is a bipartisan group of politicians and political insiders. Their amendment would (1) increase the vote required to pass a constitutional amendment to a 55 percent supermajority, and (2) mandate that citizens qualify petitions statewide, as currently required, but also in each of the 35 state senate districts.

This means that to get an issue on the ballot citizens must successfully run 36 petition drives, not just one. And falling short in any single senate district would doom an entire effort. In short, future citizen initiatives would be much more expensive and likely to fail.

Meanwhile, the supermajority vote threshold provides well-heeled special interests with an ability to win even when they lose. Expect the powers-that-be to beat up reform measures with negative ads, knowing that simply by holding YES votes down to 54.9 percent, the establishment wins.

In a recent debate, Elena Nunez with Common Cause explained, “The problem with Amendment 71 is it’s designed to allow the wealthiest special interests in the state to act as a gate-keeper, because the cost of initiatives will go up dramatically.”

This Special Interest Protection Act sure is a problematic solution.

This is Common Sense. I’m Paul Jacob.


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The Year of Translucency

Barack Obama promised transparency in government. He didn’t deliver.

But others stepped up to the plate.

It’s now possible to see through a lot of political, elitist, and bureaucratic bunk courtesy of fugitives like Snowden, convicts like Manning, and citizens using FOIA (Freedom of Information Act) procedures.

And we are learning more about Hillary Clinton with each info dump from Julian Assange’s Wikileaks and every court-ordered disclosure thanks to lawsuits to enforce FOIA by organizations like Judicial Watch.

Some folks demand that Donald Trump release his tax returns. On the one hand, hooray for public demands for more information about candidates. But on the other hand, the richer you are, the longer and stranger your tax returns become. One shifts income around to avoid taxes — indeed, you take every “loophole” the law allows. As Justice Brandeis advised. Some folks may be shocked by Trump’s creative-but-legal accounting.

To avoid future confusion, we should demand simple tax returns from the rich. That would require jettisoning most of the tax code, simplifying the system. But ask your congressional representative why he or she will not support such a reform.

The reason we have an opaque and complicated tax code is . . . well, transparent. Under a simple tax system, there would be fewer favors to “trade” . . . and thus less power to accumulate, less oomph to parlay into pomp and splendor.

Which is why politicians rarely provide much transparency, and why it must often be wrested from them.

Merely by being merchants of opacity, our pols reveal, if inadvertently, the nature of our Too Big Government.

This is Common Sense. I’m Paul Jacob.


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Blame the Kids?

Why is it when some politicians or pundits get a brilliant idea about how to make the country better, involving (of course) making people do as the government dictates, it only applies to other people?

Sunday, on NBC’s “Meet the Press,” New York Times columnist and Times-styled conservative David Brooks bemoaned the electorate’s disunity due to the unprecedented unpopularity of Mr. Trump and Mrs. Clinton: “We could have a winner at 42 percent. Look at those poll numbers. . . . And so, that’s almost like a minority government. I think we’ve just got to do something about it.”

Do something? What?

Brooks explained, “Mayor Rahm Emanuel of Chicago has an idea that every kid who graduates from high school spends the next three months in some sort of national service. So a kid from Martha’s Vineyard or Marin County is with a kid from Mobile, Alabama, and just three months, it would make a difference.”

Chicagoans will warn against emulating Mayor Emanuel.*

“I thought national service was going to be a given,” host Chuck Todd then offered. “I mean, my God, we’ve been talking about national service my whole adult life and I can’t believe we’re not there.”

News Flash: The problem with our politics is not the fault of teenagers. Nor would forcing young people to put their dreams on hold the better to toil in some social engineering scheme solve anything.

Want national service? Begin with politicians and TV talking heads.

This is Common Sense. I’m Paul Jacob.

 

* A whopping 62 percent of Chicagoans disapprove of their mayor and fully 40 percent want ole Rahm Never-Let-a-Crisis-Go-to-Waste Emanuel to immediately resign. The mayor’s delay in releasing an incriminating police video, until after his re-election, has been the most incendiary issue. But also consider some ugly facts about systemic breakdown in city governance: the number of murders this year is already higher than last year, four out of ten freshman in Chicago high schools fail to graduate and 91 percent of graduates going on to college require remedial courses.


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