Category: Accountability

Categories
Accountability Common Sense government transparency term limits

The Article V Path

Can Americans term-limit Congress?

Twenty-three states had passed term limits on their congressional delegations by 1995 — many while simultaneously term-limiting state lawmakers.

Voters in most other states lack statewide initiative rights. But if the term limits passed by the 23 had been left alone, the pressure would have been enormous to bring term limits to the whole Congress.

Alas, in its 1995 Thornton decision, the Supreme Court ruled, five to four, that this method of building a more perfect union is constitutionally imperfect.

U.S. Term Limits currently backs an amendment that would originate in Congress to limit House members to three two-year terms and senators to two six-year terms. Just in case congressmen don’t get around to passing such an amendment, though, USTL has also endorsed the Article V path to term limits being promoted by Citizens for Self-Governance.

Article V of the Constitution authorizes states to call a constitutional convention if two thirds of them apply. In 2014, Georgia, Alaska and Florida did formally apply for a convention to consider term limits and other reforms. Lawmakers in many other states advocate similar applications. As with congressionally proposed amendments, any amendment offered by the states’ convention would then have to be ratified by three fourths of the states.

Is Article V a long shot? Yes. Every means of imposing congressional term limits has proven to be a long shot.

When we get there, it will be because one of the long shots paid off.

This is Common Sense. I’m Paul Jacob.

Click on the thumbnail below to see larger version

article-vScreenshot

 

Printable PDF

Categories
Accountability ballot access Common Sense First Amendment rights general freedom initiative, referendum, and recall

Really Protecting Our Rights

Incentives matter. Which is why Ohioans have much to celebrate
this week.

Federal District Judge Michael Watson turned his previous temporary injunction against enforcement of Senate Bill 47 into a permanent injunction. That statue outlawed non-residents from helping Buckeye State residents by gathering petition signatures for an initiative or referendum.

The case is Citizens in Charge v. Husted. Citizens in Charge — where I work — protects initiative rights. Jon Husted is the Ohio Secretary of State.

But Judge Watson went further, declaring Sec. Husted’s office liable for damages to one of our co-plaintiffs, Cincinnati for Pension Reform. The judge found that “a reasonable official would have understood that enforcement of the residency requirement would violate plaintiffs’ First Amendment right to engage in political speech.”

Public officials have what’s known as “qualified immunity,” which protects them from liability when acting in good faith. A spokesman for Husted offered a defense: they were acting “on the assumption that the law is constitutional.”

“Some qualified-immunity cases are difficult,” countered election-law expert Daniel Tokaji. “Not this one.”

Ohio’s residency law was ruled unconstitutional in 2008, after Ralph Nader’s presidential campaign sued. In 2009, the previous secretary of state officially acknowledged the law unenforceable regarding all petitions. Yet, seeking to block citizen petitions, legislators passed it again, and Husted was quick to enforce.

Maurice Thompson of the 1851 Center for Constitutional Law, our attorney, cheered the “deterrence” this decision provides.

“If public officials from the governor down through the police know that they will be liable for enforcing an unconstitutional law,” he explained, “they are far more likely to take Ohioans’ constitutional rights seriously.”

This is Common Sense. I’m Paul Jacob.

Printable PDF

Categories
Accountability ballot access Common Sense general freedom government transparency

Pierce Petition Power

Jerry Gibbs

Pierce County, Washington, Executive Pat McCarthy charges that “a majority of the County Council bowed to political pressure, even though this could set a terrible precedent that the most basic administrative actions of government can be derailed by the simple act of signing a piece of paper.”

Yeah, right.

At issue is a $127 million construction project to build a new county administration building. Back in February, the Council voted 4-3 to move forward on the project.

The total cost of the new building, including financing fees and interest, will add up to $235 million according to Jerry Gibbs and a group called Citizens for Responsible Spending. These activists filed a petition to demand a public vote on the issue next November.

As is all too common these days, their grassroots effort was quickly countered by the big guns: the city filed a lawsuit against them, attempting to block the referendum.

The lawsuit didn’t sit well with people in Pierce County.

“Why don’t they want this voted on by the people?” asked Gibbs.

“This is absolutely an abuse of power,” decried resident Sheila Herron, “this is bullying of a private citizen.”

Council Chair Dan Roach argued that the power to launch a court challenge must come from the council, which had not discussed it. He warned his fellow city officials: “you are sending a very chilling” message to citizens not to “dare try to challenge what we’re doing as the government.”

Last week, the County Council voted 4-3 to drop the lawsuit, bowing to political pressure . . . from the people they represent.

In short, good government broke out.

This is Common Sense. I’m Paul Jacob.

Printable PDF

Categories
Accountability folly government transparency incumbents initiative, referendum, and recall meme term limits too much government

Stop Phony Crony Pay Grab

Arkansas Tricksters

Are people in Arkansas as stupid as their legislators think?

Last November, legislators tricked enough voters to narrowly pass Issue 3.

I’ve addressed before the measure’s dishonest ballot language, mis-identifying a doubling of allowed terms as the “setting of term limits.” And about a much-ballyhooed gift ban that has proven so weak that now most legislators are offered “free meals nearly every day.”

Perhaps the biggest of the tricks used to pass the measure was this: Hide from voters the measure’s establishment of an “Independent Citizens Commission” . . . a majority hand-picked by those same legislators.

This “Legislative Cronies Commission” (as it should be called) has announced it will unilaterally hike pay by an outrageous 150 percent!

The commission claims to have looked at legislative salaries in nearby states, except Texas and Mississippi — two states that just so happen to pay lower salaries. Economic factors were also considered, supposedly, but household income in Arkansas has actually dropped in the last decade.

The commission held only one poorly publicized hearing — at, get this, 10:00 am on a Monday, when most folks were working. No surprise, public comments have run ten to one negative. Letters and emails contain words and phrases such as “shameful,” “insult,” “actually sick to my stomach,” “a joke,” “ludicrous,” “appalled” and “slap in the face.”

This led Larry Ross, chief crony on the commission, to rudely dis citizens, telling the Arkansas Democrat-Gazette that he would look at the “quality” of comments, not the “quantity.”

Only a tsunami of public anger can stop this rip-off of Arkansas taxpayers. Act fast. A March 16 meeting is set to finalize the increase.

Tell the Independent [sic] Citizens [yeah, right] Commission what you think: call (501) 682-1866.

This is Common Sense. Paul Jacob.

 Printable PDF

Categories
Accountability folly ideological culture too much government

Pot, Kettle; Obama, Putin

President Calvin Coolidge looks more like a sage every day. Confucius would’ve been proud of Silent Cal. Today’s top politicians might take a cue from the man: When you don’t have much to say, say nothing.

President Barack Obama, whose popularity in America up until recently rested, in part, on his sounding more intelligent than his predecessor in office, had the reckless temerity — the audacity of dope, perhaps — to float the notion, in an interview the other day, that Russia’s top banana Vladimir Putin had made a “strategic mistake” by annexing Crimea, and said the latter-day Tsar was “not so smart”:

Those thinking his Russian counterpart was a “genius” had been proven wrong by Russia’s economic crisis, he said.

For my part, I hope that a collapsed economy in Russia is the least we have to fear. The story isn’t over, and I wouldn’t be gloating over a half-hatched batch of eggs just yet.

Which brings to mind the title cliché: pot and kettle, each calling the other black. Here we have a world leader with a horrible economic track record, in addition to a chaotic diplomatic strategy, calling his chief competitor for public adoration (yes, Putin’s acolytes are just as besotted as Obama’s) something of a fool.

Well, the man so involved with a disaster to have it named after him, Obamacare, and who hailed extravagant “stimulus” as a cure for a depression that still lingers — reminding us again of the longest Depression, the Great, and the wrong-headed policies of Hoover and FDR — should know when to keep mum.

This is Common Sense. I’m Paul Jacob.

Categories
Accountability media and media people too much government

Belching Cows and Gassy Assumptions

Give New York Times reporter Robert Pear, or perhaps an editor, credit for a provocative headline: “In Final Spending Bill, Salty Food and Belching Cows Are Winners.” This to explain a $1.1 trillion dollar spending bill.

Where’s the money going?

Not to salty food or belching cows. The Times explains that, “like many of its predecessors,” the bill bulges with provisions “to satisfy special interests.” For example?

Pear quickly highlights how “ranchers were spared [from] having to report on pollution from manure,” schools from having to reduce salt or increase whole grain in their lunches, insurance companies from relinquishing tax breaks. These provisions, which incur no new spending, are lumped with one that does involve spending at taxpayer expense, a subsidy for promoting Nevada.

There’s something odd about this sampling of budgetary ingredients. Isn’t there a difference between being left alone and receiving a subsidy or other favor at the expense of others? Because that’s the kind of fundamental distinction blurred or obliterated when all budgetary things applying to particular groups are treated as “stuff to satisfy special interests.”

Politicians concoct zillions of ways to burden and bully people; proposed targets are, sure, “special interests” who may then beg for reprieves. But unlike the beneficiaries of specific subsidies or competitor-stomping regulations, we’ve all got a stake in not being harassed.

Protecting our lives and freedom is what government is properly for. And minding our own business is the opposite of interfering with somebody else’s.

This is Common Sense. I’m Paul Jacob.

Categories
Accountability national politics & policies

Aeschylation

“In war,” the Greek dramatist Aeschylus told us, “truth is the first casualty.”

This came to mind when Secretary of State John Kerry testified in the Senate last week.

The new Iraq War has been pitched exhaustively to the American people as “only air strikes” and “absolutely no boots on the ground” — even as the Obama Administration continues to send additional U.S. military advisors to place their boots on Iraqi sand (and, at least once thus far, to engage ISIS directly via Apache attack helicopters hovering above Iraqi ground.)

Kerry again assured senators that the president “has been crystal clear that his policy is that U.S. military forces will not be deployed to conduct ground combat operations against ISIL.”

Strangely, however, the Secretary most adamantly urged Senators not to pass an Authorization for Use of Military Force (AUMF) that would restrict President O from doing precisely what he has so often and emphatically pledged not to do: put combat boots on the ground in Iraq.

The fact that the Obama Administration has foreclosed any possibility of putting US troops on the ground to fight, according to Sec. Kerry, “doesn’t mean that we should preemptively bind the hands of the commander in chief or our commanders in the field in responding to scenarios and contingencies that are impossible to foresee.”

Impossible to foresee? Yeah, right. The “no boots” promise provides all the stability of leaves in the wind.

Having any trust in this administration is impossible to foresee.

This is Common Sense. I’m Paul Jacob.

Categories
Accountability national politics & policies

Stupid Before Congress

MIT economist Jonathan Gruber has had a big influence on American life, much of it “behind the scenes.” He helped put together RomneyCare in Massachusetts, then Obamacare at the federal level. And he made a curious case for abortion that was picked up by Steven Levitt and made famous in Freakonomics.

But he wasn’t summoned before the U.S. House of Representatives’ Oversight Committee, yesterday, to talk about abortion. His boastings, in public, that the Affordable Care Act had been designed to deceive caught congressional attention.

And referring to voters as “stupid” doesn’t sit well with politicians — maybe because they’re living evidence.

Gruber started with some newfound humility. He had been bragging. In truth, he wasn’t that important to the process.

None of this was very convincing.

His explanations for his too-honest statements? Less than satisfactory: he chalked it all up to a spoken “typo.”

More entertainingly, when repeatedly asked whether he would give the committee his work product relating to his Health and Human Services contracts, he reiterated one simple answer: the committee should “take it up with my council.”

“You’ve been paid by the American taxpayer,” stated Rep. Jason Chaffetz, with escalating frustration. “Will you or will you not provide that information to this committee?”

But what was the Utah representative expecting?

Full disclosure?

Transparency?

Responsibility?

A straight answer?

Yeah, yeah, I know . . . talk to Gruber’s lawyer.

Even with the stonewalling, I think we’ve already seen enough of Mr. Gruber’s “work product.”

This is Common Sense. I’m Paul Jacob.

Categories
Accountability free trade & free markets national politics & policies too much government

Rewarding Gruber

Revealing to all the world the contempt for the American people that Washington insiders possess might garner for Prof. Gruber a future Medal of Freedom.

Perhaps by a president elected by the Irony Party.

What Gruber is unlikely to get, however, is a Nobel Prize for Economics.

Benjamin Zycher, writing at The Hill, questions Gruber’s astuteness as an economist. The MIT professor surely has the wit to sucker those representing American taxpayers out of six million bucks for his consulting, but, otherwise, reveals some blind spots about where incentives should be figured in.

“Economists may disagree about many things,” writes Zycher, “but absent among them is the central role of incentives as determinants of behavior,” a principle that “applies fully to government.”

To reward one constituency at the expense of others, health care bureaucrats will quickly come to regard limits to spending as a kind of “savings.”

From this type of rationing, Zycher suggests, there will be “a reduction in the flow of research and development investments in new and improved medical technologies, yielding fewer new medicines, devices and equipment.”

This means that the most negative effects will be seen down the road. While the easier-to-publicize positive effects of more people covered by insurance can be pointed to right now, as a “benefit.”

However, even that upfront goody isn’t what we might pretend it is. “Gruber seems actually to believe that an expansion of insurance ‘coverage’ is the same as an expansion of actual healthcare,” Zycher notes, with apt incredulity.

By ignoring negative effects of his convoluted program, and concentrating on a few dubious upfront benefits, Gruber proves himself more con artist than economist.

This is Common Sense. I’m Paul Jacob.

Categories
Accountability national politics & policies too much government

As Stupid Does

“Stupid is as stupid does,” said the great American prophet, Forrest Gump.

Meanwhile, Obamacare maestro and MIT professor, the illustrious Dr. Jonathan Gruber, has declared in not one but a multitude of videos that the American people are, well, “stupid.”

You see, when the elites wielding political power lie to us, trick us, cheat us — as with Obamacare — they think that proves that “We, the People,” aka their victims, are all morons. I’m not a fan of fraud or fraudsters; I don’t think it forms the basis for a very happy, healthy society.

Still, I do get their perverted logic. Problem is that, even as far as it goes, the American people didn’t fall for the deceit at the heart of the Affordable Care Act. Poll after poll leading up to Congress passing the ACA demonstrated that most folks opposed it, disbelieving Gruber’s and Obama’s distortions.

Barely a majority of the clueless Congress even fell for the lies! All of them were Democrats.

No, stupid would do something like rake in $6 million from government contracts obtained from politicians with a direct probe into every American’s pocketbook and then call all those Americans paying his lavish tab names. Indeed, Gruber does make a cogent argument about the wisdom of purchasing his services.

Stupid also does stuff like deny even knowing that Dr. What’s-His-Name fellow . . . though previously raving, on camera, about what a wizard the stupid-slinging Prof. Gruber is.

Right, Mr. Obama, Mrs. Pelosi?

Goodness, the American people seem brilliant in comparison. But it’s a low bar.

This is Common Sense. I’m Paul Jacob.