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Accountability First Amendment rights incumbents local leaders Regulating Protest U.S. Constitution

Homer’s Recall Odyssey

Freedom of speech isn’t a free pass to avoid the consequences of what one says. Or does. Tell that to three members of the Homer, Alaska, city council — Donna Aderhold, David Lewis and Catriona Reynolds — who are the subject of a recall petition.

Well, a superior court judge just did.

Represented by the ACLU, the trio sued to block a recall petition with more than enough voter signatures. Their lawsuit challenged the city attorney’s acceptance of the legal rationale for the recall, claiming the recall attempt punishes the politicians for their speech.

“To conclude that anytime a recall petition is based in part or in whole on what a politician said is protected by the First Amendment,” Superior Court Judge Erin Marston ruled, “would be to eviscerate the recall statute to such an extent that the populace would almost never be able to seek recall of any of their elected officials.”

Now the recall moves forward.

In most of this Land of the Free, citizens lack the ability to recall their elected officials. In places that do have the process, it is rarely used. When it is used, it is often portrayed as voters throwing a temper tantrum.

Or an unfair election do-over.

Or mean-spirited ‘vendetta politics.’

Not so. The petition requirements make recalls very difficult. Recalls don’t happen without some serious problems with the current officeholder(s). And once a recall is triggered, there follows a democratic vote to decide whether citizens want to keep the sitting hireling or find someone new.

Seems pretty reasonable.

When politicians are recalled and removed, they deserve it.*

This is Common Sense. I’m Paul Jacob.

 

* The problem seems never to be that good politicians are being recalled, but that too many politicians who should be recalled are not. Back in 2003, the governor of California was recalled. He deserved it. In 2011, a whopping 88 percent of Miami-Dade County voted to recall Mayor Carlos Alvarez. He earned it, too.


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Accountability crime and punishment incumbents local leaders national politics & policies term limits

One Incumbent Falls

When former U.S. Rep. Corrine Brown (D-Fla.) was indicted last July on 24 felony counts of fraud and obstruction, she suggested that if the FBI hadn’t wasted time investigating her for milking a charity for personal gain, they might have prevented the Orlando massacre.

“These are the same agents that was not able to do a thorough investigation of [Pulse nightclub shooter Omar Mateen],” Brown screeched at reporters, “and we ended up with 50 people dead.”

Last week, the former congresswoman* was convicted of 18 felonies related to fraudulently raising $800,000 for the One Door for Education Foundation, which only spent $1,200 on two small college scholarships — 0.0015 of what was raised . . . for college scholarships.

As the Feds put it, Congresswoman Brown and her congressional chief of staff “used the vast majority of One Door donations for their personal and professional benefit, including tens of thousands of dollars in cash deposits that [her chief of staff] made to Brown’s personal bank accounts.”

Hundreds of thousands of dollars were spent on “events hosted by Brown or held in her honor, including a golf tournament in Ponte Vedra Beach, Florida; lavish receptions during an annual conference in Washington, D.C.; the use of a luxury box during a concert in Washington, D.C.; and the use of a luxury box during an NFL game in the Washington, D.C., area.”

The 70-year-old Brown spent nearly a quarter of a century in Congress. Now she awaits sentencing to as many as 277 years in prison — a quarter of a millennia.

It’s yet another good argument for term limits.

This is Common Sense. I’m Paul Jacob.

 

* As I explained in greater detail at Townhall, out of 435 congressional seats up for election in 2016, Congresswoman Brown was one of only five incumbents defeated in the 2016 primary elections. Two of the five defeated — Brown and Rep. Chaka Fattah (D-Penn.) — faced multiple-count felony indictments. Two others were victims of redistricting that pushed them into new districts. Only one incumbent who was un-indicted and running in an incumbent district was defeated.


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Accountability government transparency incumbents local leaders national politics & policies responsibility

A+ in Arrogance

The folks in Congress represent ‘We, the People’ . . . well, theoretically, at least. They’re supposed to work for us. We are their bosses. We pay their salary.

But not U.S. Rep. Markwayne Mullin, the third-term Republican from the rural Second District of Oklahoma. At two recent town hall meetings, the former professional mixed martial arts fighter responded to comments that the people pay his salary and health insurance with a sort of verbal karate-chop.*

“You say you pay for me to do this. Bullcrap,” he aggressively retorted. “I pay for myself. I paid enough taxes before I got there and continue to through my company to pay my own salary. This is a service. No one here pays me to go.”

Mullin’s taxpayer-funded PR professional, Amy Lawrence, was nice enough to explain the prickly, arrogant ranting of her boss, noting that, “Like all business owners, Congressman Mullin pays his taxes, which contribute to congressional salaries.”

Which means — yes sirree! — that of course his constituents pay his salary, when they also “contribute” their taxes. The fact that Rep. Mullin pays taxes, too, doesn’t change that fact.

And, though Mullin claims being a member of Congress is not how he makes “his living,” he does, nonetheless, deposit into his bank account a not inconsequential $174,000 a year in congressional salary.

Moreover, as a member of Congress, Mullin also gets to flout the Obamacare law with a special health insurance deal.

A town hall set for Tahlequah was canceled . . . for security reasons.

This is Common Sense. I’m Paul Jacob.

 

* His comments in Jay, Oklahoma, are available here; his Okemah comments, here. An entire hour video of his Okemah remarks are here (the portion about his pay begins at 24:48).


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Accountability incumbents term limits

Calling Hatch Home

Back in 2012, U.S. Senator Orrin Hatch pledged that, if elected, his current six-year term would be his last. On Election Day 2018, Hatch will be 84 years old — and have spent more than half his life in Washington.

Still, Utah’s senior senator just announced he intends to run for re-election for an eighth term.

Why? Our newly-elected president, Hatch told a Salt Lake City TV station, “is all over me to run again.” And so is the leadership in the Republican Senate — and even in the House. Or so he says.

But what about the people of Utah? A poll this past January found that 78 percent of Utahans “definitely” or “probably” did not want Hatch to seek re-election — with 58 percent in the “definitely” camp.

“Hatch’s bid for an eighth term is an endorsement of term limits,” argued Richard Davis, a political science professor at Brigham Young University, yesterday in the Deseret News.

“For many years, I opposed term limits because I felt legislators needed the time to gain knowledge and handle the long-standing bureaucracy and the power of interest groups,” Davis wrote. “However, I have concluded that such knowledge can be gained relatively quickly and would become more effective if there were not highly senior politicians, like Hatch, who dominate a legislative body for many years.”

In 1976, Hatch challenged an incumbent with the line: “What do you call a Senator who’s served in office for 18 years? You call him home.”

Today, having spent over 40 years in power, Hatch only wants more . . . and calls Washington home.

This is Common Sense. I’m Paul Jacob.


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Accountability folly incumbents national politics & policies term limits

Authority and Accountability

Roll, Founding Fathers, roll over. The situation with Congress is grave.

You designed three branches of government, each to check the others’ power. The first branch, and the most essential, is Congress. It not only controls the purse strings, but also the power to declare war.

But today’s Congress cannot even muster the courage to regulate the use of military force through legislation such as the War Powers Act or by passing an AUMF — an Authorization for the Use of Military Force.*

Yesterday on NBC’s Meet the Press, host Chuck Todd raised the issue of whether a new AUMF was necessary after the attack on Syria, especially for any further action. And would Congress dare to debate a new AUMF? 

“I don’t think anybody wants a vote on this,” remarked Danielle Pletka, a defense and foreign policy expert at the American Enterprise Institute. She pointed out that any action would put Congress in line for blame should problems arise. “Look, the problem for Congress is . . . There’s no percentage for them.”

“If Congress doesn’t exert its authority here,” Todd offered, “then they’re ceding it.”

“Yes,” agreed National Review Editor Rich Lowry. “This is something the founders never counted on, that you’d have one branch of government that didn’t want to protect its prerogatives because too much accountability would be involved.”

Must the very foundation of our Republic always take a backseat to the personal political interests of professional politicians? Career congressmen disdain leadership, preferring to lead the cheers when things go well and criticize when they don’t.

Another important reason for term limits.

This is Common Sense. I’m Paul Jacob. 

 

*The AUMF passed after 9/11 gave the president authority to go after Osama Bin Laden and al-Qaeda. It has become a catch-all authorization due to congressional fear of being held accountable for authorizing — or not — any new use of military force. Instead, Congress has simply pretended that President Obama’s regime-change military intervention in Libya and the military actions against the Islamic State fit under the post-9/11 AUMF. 


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Illustration includes photo by Petras Gagilas on Flickr

 

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Accountability ballot access general freedom incumbents initiative, referendum, and recall national politics & policies political challengers responsibility too much government U.S. Constitution

Votes Without Poison

Strange election. So . . . round up the usual suspects!

Immediately after Hillary dried her tears and conceded, out came the Tweets, then the analyses: the “third parties” are to blame!

Over the weekend, I focused* on one such election post-mortem. The basic idea is not altogether wrong: minor party efforts together may have cost the Democrat her Electoral College advantage this time around, just as Nader’s Green Party run spoiled Al Gore’s bid in 2000 and several past congressional races have been spoiled for the GOP by Libertarians.

Is there a problem here? Yes. But do not blame the minor party voters. It’s the way we count their votes that is “problematic.” The current ballot-and-count system turn voters most loyal to particular policy ideas into enemies of those very same ideas.

When we minor party voters turn away from a major party — usually because said party tends to corrupt or betray our ideas, or make only small steps toward our goals — our votes aren’t so much wasted as made poisonous.

Because the candidate least preferred may prevail.

But there’s a way out: On election day, voters in Maine showed how to cut through the Gordian Knot. Voting in approval for Question 5, Maine now establishes “ranked choice voting.”

Under this system, you don’t “waste” your vote when expressing a preference for a minor party candidate. You rank your choices and, if your first choice proves unpopular, your second choice (or maybe your third) gets counted. So you don’t “poison” your cause.

Republicans and Democrats have more than enough reason, now, to adopt ranked choice voting across the country.

This is Common Sense. I’m Paul Jacob.

 

* See yesterday’s links page to my weekend Townhall column for the basic references. But there were many, many articles on the Minor Party Effect, including a skeptical one by Sasha Volokh’s.

 

Ask the next question.

Questions Answered:

What is the effect of minor parties on major party outcomes?

What causes those effects, voter intent or something else?

Is there a way to prevent this, short of further sewing up the ballot access system to minor parties?

The Next Question:

What might our elections look like if people spent more time discussing issues and ideas … and less about class, culture wars, and sex crimes?


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