Category: incumbents

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ballot access incumbents initiative, referendum, and recall term limits

Intentionally Confounding Incumbents

Memphis, ballot, instant runoff, term limits

The three issues on the ballot in Memphis this November are “not complicated,” writes Commercial Appeal columnist David Waters, “unless you read the actual ballot questions.”

Which is all most voters will see.

All three directly affect the self-interest of members of the Memphis City Council, which placed them on the ballot and determined the language voters will attempt to decipher. 

Waters called that ballot wording “incomprehensible” and “intentionally confounding.” His newspaper colleague, Ryan Poe, accused the council of “trying to stack the deck.”

The first measure would weaken the council’s term limits, passed in 2011 with a 78 percent vote and just about to kick in. The ballot language, Mr. Poe explains, “reads like voters are being asked to place limits on council members . . . rather than extend them.” By an extra term.

The second issue would repeal Instant Runoff Voting (IRV), which was brought forth by citizen petition and enacted via a 71 percent yes vote. The confusing ballot wording brings up a 1991 federal court decision without providing voters any context or explanation.

Though IRV has not yet been used, council incumbents fear it.* This becomes especially clear when you discover that the third ballot question is actually a sneakier, second attempt to repeal IRV.

“Instant runoffs, and run-off elections in general, tend to make it easier for challengers to unseat incumbents in multi-candidate district races,” argues Waters. He adds, “Incumbents generally become stronger the longer they are in office.”

To incumbent politicians, reform is a dirty word. 

This is Common Sense. I’m Paul Jacob.

 

* Back in February, the council was caught paying a lobbyist to convince state legislators to restrict their city’s ability to implement Instant Runoff Voting. 

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Categories
Accountability government transparency incumbents initiative, referendum, and recall local leaders nannyism political challengers Regulating Protest term limits too much government

Strange It Is

Arlington, Texas, term limits, democracy, initiative,City Council,

Strange for the Arlington, Texas, City Council to hold a meeting on a Sunday evening, much less one to “consider suspending the city charter.”

That is how the Fort Worth Star-Telegram reported “the latest twist in the term limit controversy that has engulfed the city with a lawsuit and competing ballot proposals.”

Led by Zack Maxwell, citizens in this Fort Worth adjacent community of 400,000 gathered 11,000 voter signatures to place a term limits charter amendment on the November ballot. It would limit councilmembers to three two-year terms. It also figures in past service, so five of the eight current councilmembers would be blocked from seeking re-election in the coming two years.

With swift legislative prowess, the council responded, passing its own competing “term limits” measure, which incidentally allows them to stay 50 percent longer in office.

But there’s one problem: the council did not follow the law, which requires multiple readings, with one at a regular meeting. 

Actually, there’s a second problem: Mr. Maxwell challenged the council’s unlawful action in court. 

The court blocked the council’s measure. 

That left the council holding an unusual weekend meeting to suspend the rules and re-pass their fumbled alternative to the term limits voters really want. But news travels fast and city hall was “packed.” 

“You’re suspending the rules because your jobs are in jeopardy,” charged one man.

A woman told the council, “You guys should be absolutely embarrassed about this.”

“After hearing from dozens of angry residents,” the paper explained, “[t]he council voted unanimously to not suspend the rules, finally killing its own term limit proposal.”

Politicians doing the right thing . . . having exhausted every other possibility.

This is Common Sense. I’m Paul Jacob. 

 

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Photo from the Fort Worth Star-Telegram

 

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Accountability incumbents initiative, referendum, and recall insider corruption local leaders political challengers term limits

Sneaky Lobbyists Prefer Sneakiness

time expired, time limit, term limits, Arkansas, politicians, referendum, vote, lobbyists

The Arkansas Chamber of Commerce’s CEO and chief lobbyist, Randy Zook and Kenneth Wall, have formed Arkansans for Common-Sense Term Limits. 

The Chamber has a burning hatred for term limits — Common-Sense or otherwise — just like every other lobbyist and special interest. But Zook and Hall are fibbing in their name because they realize that voters love term limits. 

The ballot committee’s stated purpose? To “advocate for the disqualification or defeat” of the Arkansas Term Limits Amendment, which citizens just petitioned onto the ballot, collecting 129,000 signatures.

Defeating such a popular ballot measure isn’t likely. Instead, these politically-experienced lobbyists are preparing to sue, hoping to disqualify valid voters’ signatures on some ginned-up technicality, feigning confusion over the clear ballot language — anything that might keep democracy from coming this November.*

At issue? The difference between real term limits and ridiculous ones.

That is, between term limits set by citizens and those set by legislators themselves. 

Currently, legislators can serve for 16 years in a single seat under the state’s “limits.” And because two-year Senate terms aren’t counted at all, senators can stay as long as 22 years. 

Legislators snuck this past voters in 2014 with a ballot title claiming only to “establish” term limits . . . amidst other lies. Politicians thereby turned Arkansas’s toughest-in-the-nation term-limit law into the nation’s very weakest — a significant 50 percent longer than limits in any other state.**

Unfazed by all the corruption in the Arkansas Legislature, Chamber lobbyists are focused on putting politicians in their pocket for as long as possible. 

But those pesky Arkansas voters are once again in the way.

This is Common Sense. I’m Paul Jacob.

 

* After recently threatening to challenge the signatures of another initiative petition, Zook had to admit that he was not aware of a single problem or deficiency in the petition. But he quickly added, “It’s a very complicated process.”

** Arkansas’s term limits were the same as Michigan’s until 2014, three terms, six years in the House and two-terms, eight-years in the Senate.

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Original photo by Jeff Kubina

 

Categories
Accountability general freedom government transparency incumbents insider corruption local leaders moral hazard national politics & policies term limits

“Dorky” Doesn’t Define It

term limits, Congress, myth, power, corruption

“Term limits,” said Daniel McCarthy, editor of The Modern Age, in a recent podcast conversation with historian Tom Woods, “was one of the dorkiest ideas of the 1994 so-called Newt Gingrich revolution.”

He characterized it as not having really gone anywhere.

Huh?

Granted, Congress is still not term-limited. But Americans in 15 states — including California, Colorado, Florida, Michigan, and Ohio, and representing 37 percent of the nation’s population — do enjoy term-limited state legislatures.*

And it sure wasn’t Newt Gingrich’s idea. Gingrich opposed it.

McCarthy repeats the old chestnut that what term limitation “winds up doing is actually weakening Congress and congresspeople in particular — relative to their own staff, who stay in Congress and become sort of experts and learn how to manipulate their congressman, and also relative to the executive branch who have people rotate in from time to time.”

Nifty theory — one very popular with politicians, who know that voters fear unelected influences on legislation.

The reality, however, is that Congress, designed by the Constitution’s framers to be both most powerful and closest to the people‚ is, today, the weakest branch.

And legislators are not term limited.

Ditch the “manipulation theory”; adopt a “collaboration theory”: legislators with Methuselah-long careers learn, sans “rotation in office,” to feather their own nests and those of the interest groups that fund their re-elections (and insider trading schemes).

Term limits remain popular with normal Americans because voters intuitively grasp the reality of such everyday corruption, which is directly tied to Congress having sloughed off so much constitutional responsibility.

We need term limits to restore a Congress sold out by professional politicians.

This is Common Sense. I’m Paul Jacob.

 

* Nine of the ten largest cities in America likewise have termed-limited their elected officeholders. For more information, see the links to the column from which this episode of Common Sense is condensed.

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general freedom incumbents local leaders national politics & policies political challengers U.S. Constitution

The First Shall Be Last

Article the first, Amendments, Constitution, Representation, found, ratified, Apportionment of the U.S. House of Representatives

We were taught in school that the first ten amendments to the Constitution make up the Bill of Rights. True enough.

But not completely true — as I pointed out at Townhall.

In 1789, Congress passed and sent to the states twelve constitutional amendments, called “articles.” Our current First Amendment was billed as Article the Third.

The first two of the original batch did not pass at that time: Article the First and Article the Second. That latter article, after more than two centuries of wandering around legislatures, was finally ratified by the necessary three-fourths of the states as the 27th Amendment to the Constitution. In 1992.*

As for the rejected Article the First, last Tuesday, Eugene M. LaVergne filed a motion, pro se, before a federal three-judge panel convened in the D.C. Circuit to hear his challenge to “the validity and Constitutionality of the 2010 Apportionment of the U.S. House of Representatives.” He and four other rabble-rousing New Jersey citizens are challenging the courts to acknowledge a surprising truth: the original Article the First was actually ratified.

On June 21, 1792, Kentucky’s legislature voted to ratify, making it the twelfth of fifteen states at that time to do so.

It’s a complicated story. One of the elements is a clerical error.

But rectifying this old mistake would have huge repercussions.

How huge? Currently the lower house of Congress has a mere 435 members. Were this amendment acknowledged, that number would soar to over 6,150 members.

And that would be a good thing.**

This is Common Sense. I’m Paul Jacob.

 

* Sadly, its sensible prohibition — “No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of representatives shall have intervened” — was immediately rendered toothless by the automatic cost of living salary adjustments congressmen had already provided themselves.

** Skeptical? Well, click here for a preview of more detailed arguments to come.

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Categories
Accountability general freedom incumbents insider corruption local leaders moral hazard political challengers Regulating Protest term limits

Missouri Shows Article V Action

Missouri, show me, Article V, term limits, legislature, congress,

There’s good news and there’s good news from the Show Me State.

First the good news. The Missouri House declined to follow the lead of the Missouri Senate during its recent legislative session in advancing a ballot measure to make a travesty, mockery and sham of state legislative term limits.

The proposed weakening of the limits would have doubled maximum legislative tenure from eight years to 16 years. Further, it would also have excluded terms already served from counting toward the new limit.

Had the measure ultimately been enacted, some incumbents would have been able to sit in a single seat for up to 24 years. This assault on term limits is dead . . . at least until next year.

Now the good news. The lawmakers deserve high praise for issuing a formal call for an amendment convention to consider the single subject of congressional term limits, making Missouri the third state to do so (after Florida and Alabama). In mid-May, the resolution for a Term Limits Convention easily passed in both chambers.

Thanks to a provision in Article V of the Constitution, if two thirds of the states (34 states) submit a similar application to convene a term limits amendment convention, the convention must be convened. The amendment that the convention produces would then be submitted to the states for ratification. Three fourths (38) are required to ratify.

We’re only in the first-steps stage here, but first steps are crucial.

Thanks for showing us how to do it, Missouri.

This is Common Sense. I’m Paul Jacob.

 

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Missouri, show me, Article V, term limits, legislature, congress,

 

Categories
Accountability folly general freedom incumbents media and media people moral hazard nannyism national politics & policies political challengers porkbarrel politics responsibility too much government

Twirling Towards Freedom?

Citizen Kang, Simpsons, Bernie Sanders, socialism, health care, income, welfare

Does Bernie Sanders remind you of “Citizen Kang”?

Vermont’s [S]ocialist Senator is whipping up a new plan for America: to “guarantee a job with at least a $15-per-hour wage and health benefits to every adult American ‘who wants or needs one,’” we are told.

What was it that the slavering alien Kang promised* in The Simpsons’ eighth season opening episode? Well, we know how that episode ended, with Homer Simpson revealing the ’90s’-era presidential candidates to be aliens in disguise, Kang being elected, humanity enslaved, and Homer uttering the immortal words “Don’t blame me, I voted for Kodos.”

And then Kodos, in cahoots with Kang, cracking the whip on Homer.

One shouldn’t have to read George Fitzhugh, the antebellum sociologist who attacked the very idea of free markets and free labor, insisting that slavery is a good thing and the very best form of socialism, to know that socialism and slavery go together hand in glove, whip in hand.

In an age of handouts for nothing, at least Sanders’ socialist proposal suggests productivity. But paying for it by nixing corporate “tax breaks”** is absurd. “Republicans have long opposed a federal jobs guarantee,” Fox News tells us, “saying such a plan would be too expensive and impractical.” And it’s productive people who would pay for it, making them de facto slaves to the system . . . even more than they are now.

But when socialists talk about “jobs,” worry about a more direct form of slavery.

And yes, I can imagine Bernie, with his four houses, flicking the whip.

I won’t be voting for him, if he runs.

Or for Kodos.

This is Common Sense. I’m Paul Jacob.

 

* Actually, Kang was known not for a promise but for his campaign speech (as Bill Clinton), saying, “[W]e must move forward, not backward; upward, not forward; and always twirling, twirling, twirling towards freedom!”

** The only funding source mentioned in the reports I read.

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ideological culture incumbents local leaders media and media people political challengers too much government

The Centre Cannot Hold

UK, British, politics, parties, centrist, left, right, partisan

The British may spell their words in funny ways, but their political problems do not seem all that foreign. Their left-of-center party has gone far left, Marxoid left; their right-of-center party has gone ultra-incompetent.

A healthy majority of Brits disapprove of both parties. So, no wonder many Brits are looking to create a new one.

A new centrist political party, no less.

Over at The Economist, the columnist writing under the name “Bagehot” (pronounced “badget”) predicts that this hope will be dashed, for at least three reasons:

First, Britain already has a centrist party, and it is not doing very well.

Second, there sure are a lot of contenders — 35 new parties have been formed just this year, including one called, with humble brag, “Sensible” — and all that competition fractionalizes the vote.

Third, the country sports the same system of vote counting and elections as America does, first-past-the-post, which “is hard on startups.”

That last point is worth thinking about. In multi-candidate races, the British-American electoral system declares as winners those who obtain a bare plurality of votes — thus ignoring the preferences of those who vote for minor party candidates. This means that those who “waste” their votes not only hurt the candidacies they like as second-best but also insulate the second-best parties from those voters’ influence. So the parties become narrow-minded and unhinged from an interested group of voters.

Bagehot thinks Britain’s centrists need to rethink, conjure up some new ideas. But what they need to do first is fix a system that prods political parties away from new ideas. 

This is Common Sense. I’m Paul Jacob.

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Accountability incumbents local leaders moral hazard term limits

Too Ignorant to Lead

Oklahoma State Senator, Mike Schulz, term limits

I’m convinced.

Oklahoma State Senator Mike Schulz, leader of his chamber, has persuaded me that he just can’t do his job. He should have resigned years ago. Too late now, alas; he’s about to be termed out of office.

Well, better late than never, I always say.

Schulz burbles that he’s being ejected by Oklahoma’s lax 12-year legislative term limits just as he is on the verge of being almost about to begin to make a solid start toward concluding the commencement of embarking upon truly hitting his stride . . . and I believe him. He also accuses his colleagues of equal lethargy vis-à-vis learning their jobs.

Can such calumny be correct?

Lest I be accused of invidious paraphrase, which I would never, let me quote Schulz’s words in defense of even weaker term limits as transcribed by The Oklahoman: “At the four-year mark, you start feeling comfortable with what you’re doing. At the eight-year mark, you know a little bit more but you still don’t know it all. At the 12-year mark, you certainly know more but you still don’t know everything you need to know.”

Indeed, Schulz recently failed to steer to passage legislation that would have hiked taxes on Oklahomans, thereby demonstrating terrible deficiency in his grasp of tax-hike leadership.

Gentle Reader, listen to this man. At your next job interview, let your prospective employer know that you feel fully confident in your ability to do a darn good job . . . within 16 years.

This is Common Sense. I’m Paul Jacob.

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Accountability incumbents media and media people moral hazard national politics & policies term limits

Like Motel Matches

matchbook, Congress, term limits, legislative, power

When President Trump announced he was slapping a 25 percent tariff on imported steel and 10 percent on aluminum, a friend asked me how the president could possibly possess such unilateral authority. 

That was my first thought, too, before surmising that Congress had again given away its constitutional power, as its habit, thoughtlessly — like motel matches.*

Writing in National Review, Jay Cost confirmed my suspicion, “Over the past 80 years, authority over tariffs, as well as over all manner of properly legislative functions, has migrated to the executive branch, away from the legislative.”

When FDR sought greater power over trade, Cost explained, “It was as if Congress threw up its hands in exasperation and said to the president, ‘We cannot handle our authority responsibly. Please take it off our hands, for we will screw things up and lose reelection.’”

Ah, the laser-like focus of modern career politicians . . . on what’s most important . . . to them.

“Nobody looks to Congress for redress of grievances anymore …” Cost wrote. “Congress has systematically shrugged power off its shoulders over the past 80 years, and it inevitably screws up the handful of authorities it retains . . .”

Why? What has led our first branch of government, over the last 80 years or so, to surrender its authority?

Congress has become much more “experienced,” evermore a career destination. And a lucrative one.

We desperately need term limits. And we need smaller districts where individual citizens matter more than money and special interests.

Save Congress from itself — before it sets the country afire.

This is Common Sense. I’m Paul Jacob. 

 

* My mind jumped to Elvis Costello’s song, Motel Matches: “Giving you away, like . . .” what, precisely, in this case? The authority in Article 1, Section 8 of the Constitution: “The Congress shall have the Power to lay and collect Taxes, Duties, Imposts and Excises….”

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