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

Sneaky Lobbyists Prefer Sneakiness

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

The First Shall Be Last

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

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?

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

The Centre Cannot Hold

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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