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Common Sense free trade & free markets general freedom initiative, referendum, and recall local leaders nannyism national politics & policies political challengers Regulating Protest too much government U.S. Constitution

Don’t Kill Colorado!

America has lots of problems. Colorado isn’t one of them.

Search the Internet and confirm that the Rocky Mountain State is the fourth best state “to make a living”; sixth best for homeowners; third on CNBC’s “Top States for Business”; and even holds a coveted first place in “arts engagement.”

What’s not to like?

I know Colorado, fondly, as the only state with a Taxpayer Bill of Rights (TABOR), a constitutional amendment requiring state legislators who want to hike spending or taxes to first ask citizens for approval. It was passed by voters in 1992, by citizens’ initiative.

Imagine that! Citizens in charge. In real life.

In Colorado.

Unsurprisingly, TABOR has long been No. 1 on Big Government’s hit list; for politicians, lobbyists, university presidents and political insiders, it’s the bane of their existence.

Along with the citizen initiative process, from which it came.

That’s why Colorado’s political establishment spent a million dollars to put Amendment 71 on next Tuesday’s ballot. They aim to kill both TABOR and the citizen initiative.

The amendment allows any partial or total repeal of TABOR — or other current parts of the state constitution — with a simple majority vote of 50-percent-plus-one. But it demands that any new enactment of taxpayer protection (or other reform) leap over a 55 percent supermajority hurdle.

Fair?

It means that a court decision, which “reinterprets” any provision of the Taxpayer Bill of Rights, could only be corrected by citizens with a supermajority vote. And citizens would face an avalanche of big spending from big labor and big business. That’s not a bug, but a feature for the powerful forces behind 71.

Still, Amendment 71’s murderous intent goes deeper. The measure also destroys the ability of regular people and grassroots groups to petition constitutional amendments onto the ballot. Instead of one statewide petition drive, Amendment 71 adds 35 additional onerous petition requirements — in every single senate district in the state.

The next question is obvious: Did the political big-shots behind Amendment 71, who blew a cool million dollars to gather their signatures, manage to meet their own mandate for future initiatives by qualifying in all 35 senate districts? Not even close.

While the lobbyists and politicians behind 71 have spent many additional millions claiming Colorado is the easiest state to amend the constitution, a real expert — Dane Waters, chairman of the Initiative & Referendum Institute — concludes just the opposite. His analysis indicates that Colorado’s process is actually “one of the most difficult in the country.” And should 71 pass, Colorado would have “the most strict distribution requirement anywhere in the world,” he said.

Waters fears that by blocking initiative constitutional amendments “on top of the fact that the legislature [in Colorado] has the authority to overturn any statutory initiative, [Amendment 71] will basically shut down the initiative process in Colorado.”

And that is how voters would be silenced and the investments powerful interests have made in the Centennial State’s legislature would be protected.

So there is no reason to be shocked when a bevy of special interests — most notably oil and gas interests, but also gambling interests and other major lobbies — raise and spend over $20 million dollars carpet-bombing the state’s electorate with TV and radio ads, slick mailings, and robo calls to support Amendment 71. They’re trying to convince voters to restrict their own power and increase the legislature’s leverage, since those special interests feel much more “comfortable” with politicians making all the decisions.

And voters making exactly none.

The politicians and lobbyists behind 71 have pulled out all the stops. Big money dominates the airwaves; all four living former state governors are on board; and their TV spots even feature the beloved Hall of Fame Denver Broncos QB John Elway.

But in the end, the beautiful thing about a ballot initiative is that voters have the final say.

And that’s why grassroots groups from throughout the state and all across the leftright spectrum, from the state’s free-market Independence Institute to progressive Common Cause, from pro-TABOR taxpayer groups to more liberal anti-fracking activists, from Colorado NARAL to Colorado Right to Life — those who care about citizens having a say in government — are standing up to the big money establishment barrage, joining the coalition to Stop71.org.

Weeks ago, to kick off the campaign, Citizens in Charge Foundation provided the Vote No on 71 Committee a 10-foot tall, carved, wooden Trojan Horse. The float has been wheeled across the state on a trailer, dramatizing that Amendment 71 is a Trojan Horse from big money interests, who pretend they’re protecting the constitution when they’re actually seeking to restrict citizen power. Providing this focal point has allowed dozens of Colorado citizens to speak out to fellow voters, garnering tons of media attention in the process.

The Trojan Horse continues to reach voters, but like stone soup, the Vote No on 71 campaign has grown in many diverse ways:

  • The head of Common Cause, Elena Nunez, and the head of the Independence Institute, Jon Caldara, have bridged ideological divide to reach out to editorial boards across the state, resulting in the Denver Post and most other major papers editorializing against 71.
  • The Colorado League of Responsible Voters raised several hundred thousand dollars and is running a TV spot countering the millions spent by proponents.
  • The Greenpeace blimp floats over the state, sending the Vote No on 71 message airborne.
  • The coalition has grown to more than 76 groups, each contacting its membership and urging folks to spread the word against 71.
  • A number of groups are advertising against 71 on Facebook.
  • A volunteer phone bank has been set up making thousands of calls to likely voters.

As this election winds down, we know we’re underdogs against the big-shots and their big money. But we also know we cannot let them kill the initiative without a fight. And we know that if we can reach enough Colorado voters with our message against Amendment 71, we can defeat it.

Help us reach more Colorado voters. The best way you can help is to make a financial gift right now. Today. The hour is very late, some voters have already cast their ballots, more are voting every day up until Nov. 8.

Please don’t let them kill Colorado. Help now:

  • Your $50 giftcovers gas for the Trojan Horse to reach another town
  • Your $100 giftpays to put 1,000 flyers on voters’ doorknobs.
  • Your $500 gift – launches Facebook ads reaching 5,000 voters or more.
  • Your $1,000 giftpays for robo phone calls to 10,000 folks who haven’t voted yet, reminding them to vote NO on Amendment 71.

Please give what you can. And take action now.

Can’t afford to give? How about giving your time?

Join our volunteer phone bank and dedicate a few hours one night this week or over the weekend to call likely Colorado voters between 4 pm and 8 pm Mountain Time. You can sign up here for two or four hour shifts and we’ll walk you through how it works.

You do NOT have to live in Colorado to pick up the phone and educate Rocky Mountain State voters about Amendment 71.
Those pushing Amendment 71 claim they want to protect the state constitution from “too many” amendments. But where’s the problem? They won’t say what amendments they believe don’t belong in the constitution.

No, they aren’t seeking to protect Colorado’s constitution, but rather Colorado’s political establishment.

The good guys, Colorado citizens, have taken aim to shoot down Amendment 71. They’ll save the initiative and good government . . . if you’ll pass the ammunition.

This is Common Sense. Thanks for your serious consideration. I’m Paul Jacob.

 

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Accountability crime and punishment general freedom ideological culture judiciary national politics & policies U.S. Constitution

The Best Case for Trump Isn’t

I support neither Hillary Clinton nor Donald Trump for the presidency. Still, I do understand several reasons to vote for Trump, including, most obviously, “he’s not a Clinton.”

The most persuasive strategic reason given for voting for the man, however, and the one that has most purchase with me, is that he would appoint better Supreme Court justices than would Mrs. Clinton.

Note: if the Democrats gain hold of the U.S. Senate, an elected Donald Trump would “negotiate.” And the next set of Supremes might be quite bad.

But is all this irrelevant? It does not look like Trump will be elected, so any vote thrown at him will be just as “wasted” as a vote for Johnson, Stein, or Mickey Mouse.

More importantly, if Hillary wins, no biggie on the Supreme Court front IF (a big “if”?) the Republicans maintain congressional dominance.

Why?

Our Senators are not required to vote for any of a president’s appointees. But, alas, that is not what Democrats are saying now! Forget such self-serving nonsense. The Constitution does not specify the number of justices on the Supreme Court. It is nine now, sure, but the Highest court in the land was first manned by five justices, then seven.

So, after the election, unpack the court.* Back down to seven, at least.

And then let’s talk terms for the currently “serving for life” justices, and term limits.

In any case, the best case for Trump isn’t so much a case for him, as a plan of action no matter who is elected.

This is Common Sense. I’m Paul Jacob.

 

*This notion is more doable, I think, than Franklin Delano Roosevelt’s infamous court packing scheme, in which he threatened to put more justices in to over-rule those justices who thought his “New Deal” program unconstitutional. Congress, not required to vote in any proposed Supreme Court candidate, could balk at all and then, by law, reduce the number, even removing one justice from office if need be.


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Questions Answered:
Does the best reason to vote for Donald Trump really hold water?
Does the Constitution specify the number of justices that should be on the Court?
Is Congress really at the mercy of any bully who occupies the Oval Office?

Ask the next question. --Theodore SturgeonThe Next Question:
Will voting for someone other than Trump be more of a “wasted vote” than voting for Trump himself, if, as polls indicate, he loses?

 

Categories
Accountability general freedom nannyism national politics & policies responsibility too much government

Report from the Lab

The State of Idaho does something the federal government should emulate. The only state I can think of that has a popular candy bar named after it has a legislature that regularly nixes regulations made by the state’s executive branch.

Think of it as a line-item veto for the legislature.

Now, at this point, if you know the Constitution but not today’s “living Constitution,” you might wonder: Don’t legislatures write the regulations? Alas, at the federal level, as in most states, the legislative branch has granted to bureaucrats in the Executive Branch a great deal of leeway to cook up what sure feel like “laws.”

“Last year the Federal Register,” Wayne Hoffman explains in theWall Street Journal, “which publishes agency rules, proposals and notices, exceeded 80,260 pages — the third-highest in its history, according to a report from the Competitive Enterprise Institute.”

Idaho provides a good model for taking back such ceded legislative power.

Let’s remember the idea of “the several states” experimenting with new and old ideas separately, heralded in a famous phrase, “laboratories of democracy.”

This allows good practices to spread slowly throughout all the states . . . based on results.

Meanwhile, Mr. Hoffman informs us, Idaho’s practice is traditional, not hallowed in the state’s constitution. A 2014 referendum narrowly failed to get Idahoans to change the constitution to incorporate this “best practice” into explicit law — the legislature had not adequately explained the situation to the public first time around — Idaho solons are trying again.

Make representatives responsible for regulations, and therefore more accountable.

This is Common Sense. I’m Paul Jacob.


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Illustration: Golconda by René Magritte

 

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Accountability general freedom initiative, referendum, and recall national politics & policies

What Me Vote?

The people, without permission, The New York Times recently explained, in

  • Colombia, rejected a peace deal deemed too soft on the communist FARC guerrillas; in
  • Britain, decided to leave the European Union; in
  • Thailand, ratified a new constitution; and in
  • Hungary, rejected the European Union refugee resettlement plan.

I’ve not perused the Colombian accord. I’m actually not permitted to vote there — though I once stayed at a Holiday Inn Express in Bogotá. In lieu of moi, who better to decide than the Colombian people?

Brexit, too, was a decision for the inhabitants of the United Kingdom, not me.

Thailand is under military rule. Passage of the referendum was promoted as a pre-condition for moving toward democracy; campaigning against the constitution was outlawed. When a gun is held to your head, there is no democracy.

An unbelievable 92 percent of Hungarians rejected the EU plan to set migration policies for Hungary. But turnout below 50 percent invalidated the result.

“Though such votes are portrayed as popular governance in its purest form, studies have found that they often subvert democracy rather than serve it,” claims the Times report, “Why Referendums Aren’t as Democratic as They Seem.”

Without offering any studies.

The problems with these four ballot questions, to the degree there were any, weren’t caused by democracy, but a lack thereof.

Nonetheless, asensible academics pontificated that people are too stupid to be permitted to vote. A London School of Economics professor said referendums are “risky.” They “range from pointless to dangerous” claimed an Irish political scientist. A hyperbolic Harvard professor posited that referendums are “Russian roulette for republics.”

But which is worse: clueless academics, tyrannical pols, or . . . democracy?

This is Common Sense. I’m Paul Jacob.


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Common Sense general freedom ideological culture initiative, referendum, and recall political challengers responsibility term limits too much government U.S. Constitution

Duck/Rabbit, Maiden/Crone, and Taxes

Revolution! Must we?

Can’t we reform at a reasonable pace?

Well, whether we change slowly or quickly, change must occur. Today’s in-place policies are not stable.

But a better future itself must be stable. Or else it will not be better.

And a key to successful change is change in the hearts and minds of the people. The vast majority, East and West, need to shift mental gears and shift their ideological paradigms. (That is the term most famously used by Thomas Kuhn.)

Take yesterday’s story. I first heard about it from proponents of Oregon’s big business excise tax hike. They were saying that Oregon had the lowest business taxes in the union, and took that as a cue to raise taxes. I looked at it as a great political success, and one that had contributed mightily to Oregon’s remarkable economic resilience in these trying economic times.

The difference between the Higher Taxes reaction (which views low taxes as an opportunity only to raise them, and the consequences mainly as who gets the tax funds) and my reaction (which concentrates on the consequences of the expropriation, and looks to a longer period of time to gauge results) is a paradigm shift. To go from one to the other (preferably from the pro-tax to the low tax position) requires a shift in vision.

It is like what happens when you refocus on the Duck/Rabbit image, or the Maiden/Crone. Give a person some time. Be patient. And hint that a shift in perspective is warranted to see both.

And that we might gain something from a paradigm shift.

This is Common Sense. I’m Paul Jacob.


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Accountability Common Sense general freedom ideological culture initiative, referendum, and recall insider corruption media and media people moral hazard nannyism national politics & policies political challengers responsibility too much government U.S. Constitution

America After November

Yesterday, I bemoaned the disaster that is this year’s presidential race. But big whup. As the LifeLock commercial rightly asks, “Why monitor a problem if you don’t fix it?”

Hillary Clinton or Donald Trump will be the next president. That means we have our work cut out for us. And we can’t wait for the 2020 presidential race to fix the problem. We must immediately assert citizen power to create an effective check on government-gone-wild.

So, what to do?

First, let’s admit that fixing Washington isn’t easy. We must fight the Feds through national organizations, of course, but we actually gain greater leverage by working closer to home — at local and state levels.

We need to elect mayors, governors, legislators and councilmembers in 2017 and 2018, men and women who will fight for free markets and against cronyism. And stand up to the federal government.

And where we have the power of ballot initiatives and recall, let’s use it.

By Inauguration Day, we can be changing the conversation in most of the top 25 media markets. How? By petitioning the right issues onto the ballot. By April and May, voters in those cities and counties can directly enact those reforms. Next November, Ohio and Washington state voters can weigh in with ballot initiatives.

Sadly, tragically, it’s too late to stop campaign 2016’s tornado from doing damage. The next disaster of an administration is on its way. But we can create a competing agenda to the Hillary Clinton or the Donald Trump agenda.

A pro-liberty agenda. Starting now.

This is Common Sense. I’m Paul Jacob.


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Original (cc) photo by Niklas Hellerstedt on Flickr

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general freedom insider corruption media and media people national politics & policies political challengers responsibility too much government

We Take the Bullet

“[I]f someone puts a gun to your head,” argues David Boaz of the Cato Institute, “and says you have to choose between Clinton and Trump, the correct answer is, take the bullet.”

Then, proving the axiom “it can always get worse,” came Friday’s twin revelations: the Washington Post broke the story of Donald Trump caught on a hot microphone bragging about groping women, and WikiLeaks released hacked emails with unflattering revelations about Hillary Clinton “principled” duplicity.

The Clinton camp huffs about the hack of campaign chairman John Podesta’s emails, but denies nothing.

In those speeches for which Wall Street firms paid her millions, Clinton’s progressivism evaporates. She suggests Goldman Sachs and other large financial firms should regulate themselves, because they “know the industry better than anybody.”

While publicly bashing the rich, she privately complains before her wealthy audience about the “bias against people who have led successful . . . lives.” Moreover, Hillary explains that it’s bad “if everybody is watching” public policy being made, adding: “[Y]ou need both a public and a private position.”

And to think some folks don’t trust her.

Mr. Trump likewise confirmed our worst fears. During a 2005 taping of a television soap, he boasted that “when you’re a star, they let you do it. You can do anything.”

And then gave a “rapey” example of what “anything” means.

This man deserves political power?

Forget which is worse. Note how much alike they are. Both seem to think they can say — even do — anything. Without consequences.

Without caring one whit about the rest of us.

This is Common Sense. I’m Paul Jacob.


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Accountability crime and punishment general freedom government transparency moral hazard nannyism national politics & policies political challengers Regulating Protest responsibility too much government

How Insidious the Plot?

The story of the Wisconsin John Doe raids against conservatives, covered yesterday and the day before, is a big one. Huge. So I now continue.

The rest of the story? Recently, materials that police seized from the subjects of those dawn raids were leaked, illegally, to the Guardian newspaper — in direct violation of a court order. Yet more lawlessness.

Who leaked this information? Well, it was in the possession of the Milwaukee County prosecutors, and they haven’t alleged a Russian hack.

What’s really going on? Eric O’Keefe stated on Monday that “even though they never brought a charge, the prosecutors did achieve one of their major goals: the unlawful seizure of millions of private communications to create a searchable database of political intelligence spanning Wisconsin and the entire country.”

In short, the abusive investigation was part and parcel of a partisan effort.

State Rep. Dave Craig is urging the creation of a special legislative committee to “take sworn testimony . . . to determine whether those charged with the public trust have acted maliciously by intentionally leaking sealed materials in violation of state policy.”

It’s important that justice be done. To prevent future tyranny.

We don’t want to see a repeat of the IRS abuse of Tea Party groups without anyone being held to account.*

This is Common Sense. I’m Paul Jacob.

 

* Speaking of the IRS, it turns out that the head of Wisconsin’s Government Accountability Board (GAB) was a pal of Lois Lerner, who headed the IRS division responsible for violating the civil rights of Tea Party groups — before she took the Fifth, refusing to testify before Congress and then retiring with a six-figure pension. Further, there is evidence the GAB may have illegally provided confidential information to the IRS in hopes of getting the Feds to join in harassing these conservative groups.

 

FOR MORE ON THIS INCREDIBLE STORY


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Eric O'Keefe, Gov. Scott Walker, John Doe, Wisconsin

 

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Accountability folly general freedom moral hazard national politics & policies political challengers responsibility

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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general freedom individual achievement

Crybaby

I’m not a crybaby. “Believe me” . . . as one fellow running for president is fond of saying.

Yesterday, however, at the San Francisco Freedom Forum, I was admittedly glad that the ballroom was dimly lit. Listening to speakers from across the globe tell their stories of struggling for freedom, I became . . . well, verklempt.

The event, organized by the Human Rights Foundation, is an expansion of the long-running Oslo Freedom Forum. It featured speakers such as:

  • Hyeonseo Lee, who not only escaped from North Korea, the world’s most totalitarian regime, but later returned to help her family get out as well.
  • Yulia Marushevska, the Ukrainian anti-corruption crusader, whose powerful YouTube video, entitled “I Am a Ukrainian,” helped the world see the Euromaidan protests.
  • Anjan Sundaram, the journalist with chilling tales of the totalitarian regime of Rwanda’s President Kagame, who recently overcame term limits through a referendum wherein 98 percent of the country supposedly voted to allow him to stay in power until 2034. Embarrassingly, Kagame spoke at Harvard and Yale on democracy and human rights. Sundaram recalled a Rwandan who explained, “We don’t know where the state ends and we begin.”
  • Zineb El Rhazoui, who co-authored the comic book The Life of Mohamed with slain Charlie Hebdo editor Stéphane Charbonnier, and now lives facing an ISIS death sentence.

And many more.

For me, Rosa María Payá, with the Cuba Decides campaign, was the biggest tear-jerker. She spoke about the murder of her activist father, Oswaldo Payá, at the bloody hands of the Castro regime.

As a father, it made me . . . (give me a moment) . . . think about how important freedom is.

This is Common Sense. I’m Paul Jacob.


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San Francisco Freedom Forum, Paul Jacob, Common Sense, Illustration