Category: Accountability

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Accountability general freedom tax policy

The People Supreme

Tax Vote

“We’re the only state in the nation,” wails Wade Buchanan of the liberal Bell Policy Center, “where you can only raise revenues, taxes, by a vote of the people.”

Buchanan is talking about his state of Colorado and defending his side in the Kerr v. Hickenlooper case, which features 34 card-carrying members of Colorado’s political elite — sitting legislators, former legislators, former U.S. congressmen, local politicians and other assorted bigwigs — suing the voters of Colorado for having the gall to pass the state’s Taxpayer Bill of Rights (TABOR) initiative back in 1992.

Lovers of big government call TABOR a disaster; most Colorado voters like TABOR and will vote to keep it.

The crux of the case? The ridiculous notion that legislators have some cockamamie constitutional right to levy taxes and spend money without the people empowered with any veto. “When the power to tax is denied,” the suit alleges, “the legislature cannot function effectively to fulfill its obligations in a representative democracy and a Republican Form of Government.”

Immediately, however, the legal issue is whether the politically powerful Kerr plaintiffs even have standing to bring the lawsuit.

Last week, the U.S. Supreme Court vacated a 10th Circuit Court of Appeals decision that had granted standing, returning the case to the appeals court “for further consideration in light of Arizona State Legislature v. Arizona Independent Redistricting Commission.”

That’s good news.

“Most tellingly,” constitutional scholar Rob Natelson points out in a Denver Post column, in that Arizona case “the court praised direct democracy and held that it was ‘in full harmony with the Constitution’s conception of the people as the font of governmental power.’”

Font? We’re the boss.

This is Common Sense. I’m Paul Jacob.

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Tax Vote

 

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Accountability crime and punishment government transparency

Impeach IRS Boss Now

Impeach him

Last week National Review reported that Republicans in the U.S. House have long been pondering impeachment of IRS Commissioner John Koskinen for stonewalling about whether Lois Lerner’s emails were lost and irretrievable.

Lerner is the former IRS official who oversaw the obstructing of applications for non-profit status by right-leaning and Tea Party organizations. The timeline that has the GOP considering impeachment of the IRS boss goes like this:

  • March 2014: Koskinen testifies before Congress to the effect that it would take quite a while to retrieve Lois Lerner’s archived emails.
  • June 2014. Koskinen tells Congress (eliciting “audible gasps”) that many of Lerner’s scandal-relevant emails had been lost in a “computer crash.” (What happens when you hit hard drives with hammers. . . .)
  • June 2015. Congress learns from the Treasury Department’s inspector general that IRS wasn’t merely lethargic about finding the emails, and didn’t accidentally lose them to a sweeping Lerner-targeting technical glitch, but actively sought to destroy files “most likely to have contained Lerner’s emails.”

However, investigators have recovered data, including 30,000 Lerner emails, that probably do contain many scandal-related epistles. Which anybody who knows anything about the Internet and servers and backups knows had never been lost to begin with — not prior to specific attempts to lose them.

How many weeks must drag on before Congress does what is necessary? Koskinen strung Congress along for his benefit, not ours — giving him more time only plays into his hands.

Stop procrastinating, Congress. Do it. Now.

This is Common Sense. I’m Paul Jacob.

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Impeach him

 

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Accountability free trade & free markets

The Fed Feeds a Scam

D. Stockman

Real and effective “anti-establishment” ideas come from unexpected places. That is, they are unexpected if you read only the dominant media and its insider sources, or follow politics only during the quadrennial presidential farce.

Quite a few news junkies would be surprised at David Stockman’s critique of current Federal Reserve behavior and policy, for example. In “Why Ronald Reagan Is Rolling In His Grave: The Keynesian Putsch At The Fed,” he charges the central bank with having managed “an economic coup d’etat” by engaging in an ongoing wealth redistribution scam — shoveling wealth to the rich.

Stockman sees the confidence of Fed Chair Yellen’s macro-policy micromanagement agenda as a scary case of hubris, of self-appointed effrontery. “Yellen & Co believe they are in charge of virtually everything on the main street economy . . . based on nothing more than their own subjective and unexplained wisdom.”

Stockman is in high form, here. Yellen’s latest pronouncement, he says, is “unaltered Keynesian claptrap. It is the arrogant over-reach of a model-obsessed academic zealot who has no respect whatsoever for the real main street economy and for the historically proven truth that free markets are the best route to prosperity and higher living standards for the people. . . .”

Her policies, he claims, amount to “‘trickle down’ economics with malice of forethought.”

Does that sound Bernie Sanderish to you? It shouldn’t.

The case for limited government and against the Fed (and federal government management in general) are that it is modern unlimited government that serves the few at the expense of the many. Stockman is just restating very old wisdom.

Remind your Occupier friends of this. They are on the wrong team.

This is Common Sense. I’m Paul Jacob.

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D. Stockman

 

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Accountability crime and punishment

Judge by the Results

Drug war results

The law exists to ensure responsibility. When someone does wrong, the police and courts are here to correct for the lapses and crimes.

That’s how law “holds us responsible” for our actions.

The War on Drugs is fought, it has been argued, because recreational drug use makes people irresponsible. So police and courts must punish, etc., etc.

But Theory must be judged not on intent, but on results.

Which are too often atrocious.

When I wrote about Bounkham “Bou-Bou” Phonesavanh before — a toddler horribly maimed and almost killed by an incendiary during a completely fruitless drug raid on a home full of innocents — I identified the War on Drugs as the root problem: “Waging that war permits endless ‘botched raids’ like the one that almost killed Bou Bou,” I wrote last February. “So long as such invasions remain a standard means of trying to catch dealers with their stash — indeed, so long as the War on Drugs is being waged at all — innocent persons will always be needlessly at risk. . . .”

Now that the trial is over and the family has been rewarded not quite a million bucks in recompense, we can see, clearly, what’s wrong here.

Irresponsibility.

The police who did the foul deed? Unrepentant in court, offering bizarre excuses. What the police assailants claimed, the Pro Libertate blog summarized, “is that while he was sleeping, Baby Bou-Bou ambushed them.” An overstatement? Perhaps — but very slight.

Meanwhile, who pays? The taxpayers. Not the guilty cops.

If we continue to allow this “war” we will continue getting unaccountable policing and the tragedies that necessarily result.

In a word: irresponsibility.

This is Common Sense. I’m Paul Jacob.

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Drug war results

 

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Accountability Common Sense crime and punishment First Amendment rights

Wisconsin Raids Speak Volumes

Assault on Free Speech in Wisconsin, police abuse, harassment, militarization, democracy, intimidation, collage, photomontage, illustration, editorial, violence

Where’s the outcry among campaign finance “reformers”?

Silence.

In Wisconsin, laws regulating political speech, along with the clamor for stepped-up “enforcement,” have facilitated an awesomely powerful prosecutor to launch dawn SWAT raids, dragging men, women and children out of their beds, stealing their computers and cell phones and ransacking their homes.

For what crime?

Supporting an act passed by the state legislature and signed into law by the governor.

And for having the bravery, or naïveté, to think we live in a free republic where organizing with others to promote ideas about public policy is a noble pursuit.

Not a one-way ticket to Room 101.

Here at Common Sense we’ve been following these dystopian John Doe raids since 2013, when my friend and hero, Eric O’Keefe, refused to be bullied into silence: he violated a gag order to tell the Wall Street Journal and other media about secret investigations tying up 29 conservative groups.

O’Keefe’s courage inspired several suffering the dawn raids to finally speak out. An article by David French in the May issue of National Review tells their stories, which sparked attention last week from Rush Limbaugh and on Fox News’s The Kelly File.

Milwaukee County District Attorney John Chisholm “correctly identified some of the most important communicators of political messages in Wisconsin,” O’Keefe told Meghan Kelly, “and they raided their family homes, with kids at home . . . . They came in the dark.”

“Put aside whether people should have filed different campaign finance reports, is this an appropriate tactic for any kind of campaign finance question?” he asked.

O’Keefe has fought back, suing Chisholm in federal court. Today, we may discover whether the U.S. Supreme Court will hear an appeal in his case and determine whether a federal district court judge’s injunction against Chisholm’s witch-hunt will stand.

We all know what this is really about. Chisholm was retaliating against individuals and groups that supported Governor Scott Walker’s ultimately successful moves to curb Wisconsin’s public employee unions. It’s a grand example of our age’s real class warfare: between insiders with power and outsiders trying to curb that power.

This is Common Sense. I’m Paul Jacob.

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Assault on Free Speech in Wisconsin

 

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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.

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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.

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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.

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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.

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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.