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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 left-right 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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TABOR, Amendment 71, Colorado, Raise the Bar, initiative, voter rights, Taxpayer Bill of Rights,

 

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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 crime and punishment government transparency moral hazard nannyism national politics & policies political challengers Regulating Protest responsibility too much government U.S. Constitution

A Morning After

Yesterday we celebrated the end to “a disgraceful episode in Wisconsin history” — the dawn police raids of the so-​called John Doe investigations against conservatives alleged to have violated campaign finance regulations.

State and federal courts ruled that no laws were broken and some laws were unconstitutional — certainly Milwaukee County DA John Chisholm’s prosecutorial methods violated the rights of citizens the court called innocent.

The U.S. Supreme Court’s decision, announced Monday, not to hear Chisholm’s appeal thankfully ends this particular reign of error and terror.

So what have we learned?

First, courage is contagious. Had Eric O’Keefe with the Wisconsin Club for Growth not bravely spoken out, others would have remained quiet, and the prosecutors might have gotten away with what National Review’s David French called “a pure intimidation tactic to try to terrify conservatives into silence.”

Another unmistakable conclusion: yes indeed, it can happen here. 

It has.

Obviously.

And if changes are not made, it will happen again.

Reforms have already been won. Not only is the John Doe investigation shut down, the law was changed, allowing for no more John Doe attacks. The Government Accountability Board, found to have acted from partisan motives, has been completely disbanded and new ethics bodies formed.

Another avenue of correction comes through the courts. The MacIver Institute filed a class-​action lawsuit against Milwaukee County DA John Chisholm and others for illegally seizing documents, and Cindy Archer, whose home was raided by police, has filed a civil rights lawsuit.

Ms. Archer’s suit was dismissed after a federal judge ruled that the prosecutors had immunity. But that dismissal is now on appeal before the federal Seventh Circuit Court of Appeals.

The prosecutors will go to court … as defendants.

This is Common Sense. I’m Paul Jacob.


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

 

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

 

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general freedom moral hazard nannyism national politics & policies Regulating Protest responsibility too much government

Undefeated

It’s over … but it’s not.

A conscientious Show-​Me state activist has won his case, but …

A year ago, the unethical Missouri Ethics Commission fined Ron Calzone $1,000 for not paying a silly $10 fee. To register as a lobbyist. They also ordered him to stop talking to legislators until he complied.

Citizen Calzone didn’t register.

He didn’t pay.

And he didn’t shut up.

On principle.

Instead, he contacted the Freedom Center of Missouri and the Center for Competitive Politics, a national outfit that defends our rights to participate in our supposedly participatory and representative democratic republic.

On Monday, a judge ruled in Ron’s favor, tossing out the “ethics complaint” against him. On a technicality, actually.

Winning is better than losing. But even if someone bothers to try again against Calzone, filing the suit properly*, Calzone would win.

You see, we have rights … including the freedom to talk to those pretending to represent us. It is not at all certain that government has any constitutional authority to regulate paid lobbyists.

But Ron is not a paid lobbyist. He volunteers for Missouri First, a citizen group.

So why did the speech police’s long arm reach out to grab him?

He’s effective.

More than a forthright advocate for what he believes, he has proven smart enough to find ways to allow fellow freedom-​lovers to weigh in on bills they favor or oppose.

This has endeared him neither to legislators nor the lobbying “community” — professionals paid handsomely to lose to Calzone’s grassroots network. They will strike back. You can count on it.

But as long as there are citizens like him, the people will not be defeated.

This is Common Sense. I’m Paul Jacob.

 

* The charges weren’t filed by a “natural person,” as the law requires, but by the attorney for the Missouri Society of Governmental Consultants, the state lobbyist guild.


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Missouri Ethics Commission, lobbyist, lobbying, Ron Calzone, Missouri First

 

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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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speech, anti-speech, NAACP, Supreme Court, First Amendment, Free Speech,

 


Original (cc) photo by Michael Tracey on Flickr