Category: government transparency

Categories
Accountability crime and punishment First Amendment rights general freedom government transparency local leaders moral hazard Regulating Protest too much government U.S. Constitution

Lock Her Up

Deyshia Hargrav, superintendent, schoolboard, Vermilion Parish school board, free speech, government, local government, Lozman v. Riviera Beach, Florida, Supreme Court

“Who Are We?” I asked Sunday at Townhall.com.

Today’s question: What have we come to?

Under a seemingly click-bait headline in The Atlantic, “Can Government Officials Have You Arrested for Speaking to Them?” Garrett Epps examines last week’s outrageous handcuffing and arrest of a Louisiana teacher, Deyshia Hargrave, for speech displeasing to the Vermilion Parish school board at a public meeting.

The elementary school teacher complained about a $30,000 raise the board was giving the superintendent, noting that teachers had not seen an increase in nearly a decade. After asserting that the raise would be “basically taken out of the pockets of teachers,” she was ruled out of order by the school board president and then asked to leave the premises. She calmly left the meeting room . . . only to be forced to the floor, handcuffed and arrested once in the hallway.

Police claimed the arrest was for “remaining after having been forbidden” and “resisting an officer.”

The school district announced it won’t press charges. Very funny. Anyone can see from the video that her treatment was excessive.

Next month, the U.S. Supreme Court will hear oral arguments in Lozman v. Riviera Beach, Florida, where an arrest was clearly retaliatory, but the city is newly claiming another violation it could have used to arrest Mr. Lozman.

Does this after-the-fact adding on of charges provide governments with an escape clause? As Epps argues, a Lozman decision “could either rein in, or embolden, the tiny-handed tyrants who rule county buildings and city halls around the country.”

If respectfully challenging our so-called public servants in meetings designed for that can lead to being arrested, handcuffed and dragged off, we no longer live in ‘the land of the free.’

This is Common Sense. I’m Paul Jacob.

PDF for printing

 

Categories
Accountability folly government transparency local leaders moral hazard porkbarrel politics responsibility too much government

Babylon Goes Broke

California, pension, crisis, canary, cage, coal mine, spending, taxes

A few Babylonian, er, California cities going bankrupt — Stockton, Vallejo, and Bell — should be seen as more than dead canaries in a coalminer’s care.

Indeed, you don’t need special prophetic gifts to see the dangers posed by over-promising cushy pensions to government workers. Californians are coming around. And the state’s governor, Jerry Brown, appears to be “calling for reductions in gold-plated, unsustainable public-sector pensions,” as Nick Gillespie informs us at Reason.

But statewide reforms will not be easy. The problem is huge, presenting grave costs. “Absent the ability to alter pensions, states and localities have to devote more and more of their taxes to simply covering the costs of retired workers,” Gillespie explains. “Worse still, they often raise taxes to cover rising costs, typically at the expense of providing basic services such as police and road maintenance.”

Yes, over-promising defined-benefit pension packages effectively distributes wealth away from basic government services and into the pockets of the people with whom politicians work most closely.

Unfortunately, the courts long ago decided that politicians’ promises to employees outweigh basic government duties. That is, the courts determined that “public-sector employees at all levels of government had an inviolable right to the pension benefits that existed on the day they were hired.”

But the courts seem to be lightening up on this “California Rule,” and the governor has dared mention that, come “the next recession,” some headway might be possible.

No matter what you may think of this rather desperate hope, the writing is on the wall. And it is in red ink and numbers, not Babylonian.*

As America’s Babylon is finding out.

This is Common Sense. I’m Paul Jacob.

 

* And not “Mene, Mene, Tekel, Upharsin.”

PDF for printing

 

Categories
Accountability government transparency insider corruption moral hazard national politics & policies porkbarrel politics too much government

Earmark This Bad Argument

earmarks, ear marks, pork, Congress, spending, corrumption, deals

With President Trump endorsing a return to earmarks, House Republicans too are reportedly “reconsidering” their usefulness and pondering “how they might ease back into the practice.” Lawmakers fret that they have lost too much power by giving up this instrument of corruption. (Not their characterization.)

Wikipedia defines “earmark” as a budgetary provision that “directs funds to a specific recipient while circumventing the merit-based or [competitive] allocation process.” An earmark is a taxpayer-funded goodie bestowed on a congressman’s constituent, the sort of crony willing to contribute to the bestower’s next election campaign in return.

Quid pro quo, pay-for-play, bribery. Whatever you call it, there’s darn good reason why political leaders who fight corruption have fought to end earmarks.

Congressional Republicans imposed a ban on earmarks in 2011 to show that they were anti-corruption. So why relapse? Well, “the time is right,” according to GOP Representative John Culberson, for Congress to prove it can use earmarks responsibly. His bad argument is that the “excesses” of a decade ago were committed by “knuckleheads [who] went overboard.”

Somebody alert Culberson to the fact that many of the same knuckleheads are still in office. Ahem. Congress is not yet term-limited, remember?

The more basic point is that earmarks are by nature corrosive of sound government. President Trump’s only metric is apparently “getting [things] done” as opposed to obstructionism, preferring “the great friendliness” when we had earmarks. Sure, stuff got done — a lot more spending, a lot more bad stuff.

To the extent they’re gone, earmarks should stay gone. The only appropriate action is to make it even harder to bring them back.

This is Common Sense. I’m Paul Jacob.

PDF for printing

 

Categories
general freedom government transparency ideological culture moral hazard national politics & policies too much government

A Tale of Two Sectors

best of times, worst of times, 2017, 2018, optimism, pessimism

“It was the best of times, it was the worst of times,” begins Charles Dickens’ popular 1859 novel, A Tale of Two Cities. The British master was not prophesying our times. He was describing the period of the French Revolution.

But the judgment feels awfully familiar.

Over at the Foundation for Economic Education, Antony Davis and James R. Harrigan talk up the case for “the best of times,” for optimism: “Global illiteracy rates are below 14 percent. Global rates of extreme poverty are below 10 percent. Despite there being more people currently alive on the planet than ever before, there are also more calories per capita than ever before.”

Davis and Harrigan provide actual reasons for thankfulness as we meet the New Year.

Is there a case for pessimism, nevertheless? Yes. And Davis and Harrigan discuss at length a topic covered here earlier this month: the Ballou High School educational improvement scandal.

Optimism and pessimism, rationally speaking, fall into two camps: private sector progress and government-sector regress.

So, following Dickens’ checklist, ours is an age of

  • wisdom and foolishness —  check (both)
  • belief and incredulity — check (pick your subject)
  • Light and Darkness — check (just move your eyes from higher ed’s hard science departments to the humanities)

and on and on.*

But the most unsettling thing about the “best of times” is that sometimes the great feeling of ebullience can end suddenly: one feels great in free fall — unburdened! free! — right before one hits the pavement.

Splat.

Maybe the best thing we can do this coming New Year is watch our governments as if we were hawks. To avoid the splat.

This is Common Sense. I’m Paul Jacob.

 

* Dickens’ long and memorable first paragraph: “It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, it was the season of Light, it was the season of Darkness . . .”

PDF for printing

 

Categories
Accountability crime and punishment folly general freedom government transparency ideological culture moral hazard Regulating Protest tax policy

Been Burned

IRS, I.R.S., corruption, taxes, budget, tears

“They’ve been burned. They’ve been hammered. They’ve been bludgeoned,” George Washington University law professor Miriam Galston explained to the Washington Post. “They’re trying to survive.”

In this heartbreaking discussion at this special time of year, the “they” are the poor, long-suffering folks . . . at the Internal Revenue Service.

According to the Post analysis, “conservatives” have schemed to “scale back the IRS and shrink the federal government.” (I guess this is supposed to tear at every American’s heartstrings.) Notably, they “capitalized on revelations in 2013 that IRS officials focused inappropriately on tea party and other conservative groups based . . . Among conservatives, the episode has come to be known as the ‘IRS targeting scandal.’”

Note that term of art: episode.

The Post saw no scandal, however — despite the IRS having admitted to harassing, blocking and delaying Tea Party and conservative groups from exercising their most fundamental First Amendment rights to freedom of association and freedom of speech, in some cases for four years.

Instead, the Post decries the response to this gross violation of citizens, a congressional check on the power — and budget — of the agency responsible: reducing the budget for the Exempt Organizations division of the IRS from $102 million in 2011 to $82 million in 2016.

Heavens, Washington is never supposed to work like that! It actually approaches . . . accountability.

The budget cuts, along with hefty settlements the IRS is now paying to victimized groups that sued, make it less likely the IRS will repeat this scandalous . . . episode.

“To many, the IRS targeting of Tea Party and conservative and even some progressive groups is not a scandal,” my Sunday Townhall.com column concluded. “To me, that’s the biggest scandal of all.”

This is Common Sense. I’m Paul Jacob.

 

N.B. The title reference is to Neil Young’s song, Burned, which begins, “Been burned, and with both feet on the ground . . .”

PDF for printing

IRS, I.R.S., corruption, taxes, budget, tears

 

Categories
Accountability ballot access general freedom government transparency initiative, referendum, and recall local leaders national politics & policies political challengers responsibility tax policy term limits too much government

What Unlimited Government Costs Us

Tim Eyman, doll, petition, taxes, Washington, initiative, democracy, voters

“Olympia can’t restrain itself,” Tim Eyman wrote the other day, a judgment on legislative irresponsibility hardly unique to the Evergreen State. Citizens around the country have cause to lament the difficulty of obtaining anything close to a good legislature.

Too often the merely “bad” would constitute a significant improvement.

Which is why legislators need to be put on a short leash. Limits on government must be written into law, where possible into either the U.S. Constitution or state constitutions, so the limits cannot be tampered with by legislators, good or bad.

Washington State initiative guru Tim Eyman, cited above, has made a career of working for just those kinds of limits. In 2007, Eyman and the citizen group Voters Want More Choices petitioned onto the statewide ballot a requirement that any tax increase must receive a two-thirds vote from both legislative chambers.

Voters passed the measure* in 2007, 2011 and 2012.

In an email to supporters this month, Eyman presents data — an “amazing real-world comparison” — to help us understand how effective the limits were . . . while they lasted.

He notes that “with the 2/3 rule in effect from 2008-2012, those 5 legislative sessions cost the taxpayers $6.894 billion” in increased taxes.

And he compares that to the five years (2013-2017) since the state’s highest court struck down the voters’ two-thirds mandate: “WITHOUT the 2/3 rule, those 5 legislative sessions cost the taxpayers $23.679 billion.”

“Without the fiscal discipline imposed by citizen initiatives,” Eyman concludes, “politicians cannot hold back.”

Now we have hard evidence for what unlimited government costs us: more than three times more!

This is Common Sense. I’m Paul Jacob.

 

* Washington State’s ballot initiative process allows voters to pass simple statutes but not constitutional amendments. For two years after passage, legislators must garner a two-thirds vote to override a ballot initiative. After those two years, only a simple majority is required.

PDF for printing

 

Categories
crime and punishment First Amendment rights general freedom government transparency ideological culture media and media people moral hazard nannyism national politics & policies too much government

No Joking Matter

encryption, freedom, Chen Sho Uli, China, Chinese, Orwell, repression

He thought he was just horsing around.

Using the popular app WeChat, a Chinese construction worker supervisor Chen Sho Uli made a gossipy joke about government officials while chatting in a chat group. But being too casual about what you say — and where — can be dangerous in China. For his sin Chen was incarcerated for several days.

“Picking quarrels” is another no-no in the country.

In lieu of Orwell’s telescreen in every room, modern Internet technology enables repressive governments to punish citizens for thoughtcrime that becomes app-speech crime. If the Chinese government can spy on you, it will. And penalize you for remarks it deems offensive to the dignity of the state.

Because of such repression, blogger Stephen Green observes that “strong encryption is everybody’s friend — except the tyrant’s.”

Agreed. Encryption is an important line of defense.

But some societies require this more than others, because harmless, incidental communications are not equally attacked by government, from country to country. Which means that encryption is actually a second line of defense.

The first is a cultural and political tradition respecting individual rights.

For one thing, robust encryption helps only those who engage in hyper-careful private discourse, or hyper-careful anonymous public discourse. Encryption won’t help thinkers of controversial thoughts who wish to express those thoughts publicly and under their own name. Everywhere we can, then, we must strengthen both the technological and cultural defenses of open discourse — recognizing that the latter is the more crucial and fundamental.

This is Common Sense. I’m Paul Jacob.

PDF for printing

 

Categories
Accountability crime and punishment government transparency moral hazard national politics & policies

New Standards?

harassment, sexual, assault, public, private, training, Al Franken, John Conyers

“This is a country trying to establish, and certainly a U.S. Senate trying to establish new standards for acceptable behavior,” Peggy Noonan told her fellow panelists on Meet the Press yesterday.

She is at least half mistaken.

Groping a woman who is stuck posing for a photo with you at the state fair, as Sen. Al Franken (D-Minn.) was accused, has never, ever been publicly viewed as “okay” or “nice work if you can get it.” And believe-it-or-not, Americans are not ambivalent about the propriety of Congressman John Conyers (D-Mich.) taking meetings in his underwear. Nor do folks find it fathomable that members of Congress such as Rep. Blake Farenthold (R-Tex.) paid off their accusers with our tax dollars.

The standard has always been that such behavior is 100-percent wrong. And yet Ms. Noonan is correct to suggest a new official standard for . . . both houses of Congress.*

But in a recent video for Breitbart, actor Jackie Mason mocks the idea of sexual harassment training. “When you’re three years old, you learn how to behave with people. You learn how to control yourself,” Mason rants. “Now Congressmen, who are 67 years old and 98 years old, are being told they have to take training at this age to learn how to behave with women.”

We see that, in media, in Hollywood, in Silicon Valley and among the corporate elite, credible allegations of sexual abuse are met with swift action: firings, dismissals, contracts voided. Out!

Our “representatives” should be ashamed not merely of their loathsome colleagues, but of being “out-democracied” by corporate America.

This is Common Sense. I’m Paul Jacob. 

 

* The current House system protects powerful politicians and staffers with secrecy and even uses taxpayer money to pay off victims.

PDF for printing

 

Categories
Accountability folly general freedom government transparency initiative, referendum, and recall local leaders moral hazard national politics & policies term limits

Illinois’s Chicken-and-Fish Supreme Court

Illinois, Supreme Court, term limits, initiative, democracy, gerrymandering

A constitution is the law of the land only to the extent that it’s enforced. And in Illinois, the right of citizen initiative — provided for in the state constitution — is not enforced.

The constitution’s wording is explicit: “Amendments . . . may be proposed by a petition signed by a [specified number of electors]. . . . Amendments shall be limited to structural and procedural subjects contained in Article IV.”

Does that Article IV discuss the subject of election procedures, including eligibility requirements, thereby opening the door to a citizen-initiated term limits amendment? Yes, it does. Section 2, subsection (c), for example, specifies citizenship, age, and residency requirements.

Yet the Illinois Supreme Court has repeatedly chucked the results of effective petition drives to get a state legislative term limits question on the ballot.

The justices rely on the venerable Fallacy of Tortured Misreading.

Former Illinois legislator Jim Nowlin recently pointed out that in 1976, the court concluded that the wording about how initiative proposals “‘shall be limited to structural and procedural subjects’. . . meant a proposal must make both kinds of changes.” The lone dissenter on the court “opined to the effect: When I see a restaurant sign that says, ‘We have chicken and fish,’ that doesn’t mean you have to order both chicken and fish!”

The right of citizen initiative is a crucial means of reforming government when those in government won’t reform themselves. The citizens of Illinois have that right. But, for now, they also don’t.

That ain’t Common Sense. I’m Paul Jacob.

PDF for printing

 

Categories
folly government transparency media and media people national politics & policies too much government U.S. Constitution

Peel Back the Onion

The Onion, satire, humor, CFPB, bureaucracy

Yesterday, an Onion title caught my attention: “Hooded Members of Congress Drown Another Love Child in the Potomac to Prevent Affair from Getting Out.” This is not funny because it is true, but because it is so close to the truth. Too close for comfort.

A similar story, the day before, sported a title so sublime that you do not really need to read further: “Al Franken Tearfully Announces Intention To Step Down From Role As Harasser Of Women.” The week before that, another satire gave us this extravaganza: “Paul Ryan Announces New Congress Sexual Harassment Training Will Create Safe Work Atmosphere, Plausible Deniability.”

But sex scandals are easy. If The Onion were seriously in the satire biz, the farcical-on-the-surface nonsense of the Consumer Financial Protection Bureau brouhaha that I wrote about on Tuesday would get incisive treatment as well.

My advice to Onion writers? Don’t go halfway into the problem, like David A. Graham does in The Atlantic: “The Fight Over the CFPB Reveals the Broken State of American Politics.” Sure, that’s true. But concluding that “neither party sees the political process as effective in resolving these basic issues is worrying” hardly goes far enough, and the next line — “the fact that they might both be right is worse still” — shies from the full extent of the predicament.

The Constitution was designed to avoid problems like the CFPB nonsense. Start there. Something like this comes close: “Politicians Shocked, Shocked to Discover That an Un-Constitutional, Partisan Bureau Becomes Subject to Constitutional Dispute Along Partisan Lines.”

I have confidence that, if The Onion went there, it’d be funnier.

Even without a sex angle.

This is Common Sense. I’m Paul Jacob.

PDF for printing