Categories
Accountability ballot access initiative, referendum, and recall local leaders national politics & policies political challengers U.S. Constitution

Free to Choose

“I think that the most effective way one could possibly move toward greater freedom in the United States, toward a smaller role of government, would be if we could only have a more democratic society.”

Who said that? A Democrat?

No.

The speaker quickly added, “I don’t mean a capital-D, I mean a small-d.”

“That is, I mean if we could have referenda,” the late Milton Friedman explained back in 1987.

The Nobel Prize winning economist — and co-author with wife Rose of the bestselling Free to Choose* — was referring to the initiative and referendum process, whereby citizens vote on laws, and in the case of initiatives directly place measures onto the ballot.

Citizens enjoy initiative and referendum rights in twenty-four states and roughly 60 percent of cities throughout the country.

“The public at large has always shown itself,” Dr. Friedman observed, correcting himself, “has almost always shown itself to be more libertarian in its views than have their elected representatives.”**

Friedman was not suggesting that a bad law becomes good because it was passed at the ballot box. He simply weighed the odds between two distinct sets of voters. Legislators are a small group, the personal power of each one so closely tied to government that politicians’ personal interests often compete against the public’s. Conversely, the much larger group of voting citizens almost defines the public interest.

Perhaps I was channeling the great doctor of economics when I was once asked, “Do you trust the people?”

My reply?

“No. But I trust the people a whole lot more than I trust the politicians.”

This is Common Sense. I’m Paul of Jacob.

 

* The book was first published in January 1980, in tandem with PBS’s airing of the popular “Free to Choose” series.

** He spoke this at a California Libertarian Party conference. Tough crowd.


PDF for printing

 

Categories
Accountability incumbents initiative, referendum, and recall term limits

The Junk Bond State

What a pleasure — comparing notes with Nick Tomboulides, executive director of U.S. Term Limits, my old job.

Speaking on a panel last week at the Young Americans for Liberty National Convention,* Illinois came up. Nick agreed that if the Land of Lincoln had a term-limited legislature, we would never have heard the end of it: “Term limits are a failure!”

Illinois, you see, is a failed state, confessing the lowest credit rating in history.

Only a notch above junk bond status.

The media would have incessantly blamed “inexperience” for the fiscal implosion.

In reality, though, Illinois is a career politician’s paradise. Speaker Michael Madigan (D-Chicago) has spent the last 45 years in the legislature and all but two of the last 34 years as the chamber’s top banana.

Oh, it’s been a great ride for this longest-serving House Speaker in modern history. He’s grown wealthy while “serving” in office — and provided himself with a lucrative (and curiously gamable) state pension.

On the panel, Mr. Tomboulides highlighted “Ranking the States by Fiscal Condition,” a recent study by the Mercatus Center at George Mason University. Though only 15 of the 50 states have term-limited legislatures, those term-limited states represent a majority, eight of the top 15 ranked states. Among the states ranked at the very bottom, none have term limits.

“For years they’ve warned that term limits would lead to inexperience which would produce fiscal ruin,” Tomboulides wrote at the U.S. Term Limits blog. “This report proves the opposite is true — that term limits states do better than those run by prehistoric politicians.”

And yet, somehow, not once have Nick or I seen the state’s financial woes blamed on careerism.

This is Common Sense. I’m Paul Jacob.

 

* Feel good about the future: Very smart group of young folks at this YAL event.


Printable PDF

 

Categories
Accountability general freedom ideological culture initiative, referendum, and recall local leaders moral hazard national politics & policies

Reactionary America

With the meteoric transit of Anthony Scaramucci — into the Trump Administration and then, in an eye-blink, out of it — I have never been more convinced of the vital importance of state and local activism.

Yes, it’s been a chaotic week in Trumptown. The new White House Director of Communications vulgarly communicated himself into administrative excommunication. So to speak.

Everybody’s heard the vulgarisms; we’ve all processed the insanity. It looks like Mr. Scaramucci is one of those professionals who think everybody else is an idiot, and in so thinking it, proves himself to be what he himself despises. @#$%&?!

The man nicknamed “The Mooch” screwed the pooch, as we now say, and we can all shake our heads and . . .

what?

What is the lesson?

We have long known the worst: our national politics is broken. It has been for a very long time. Is it possible we never recovered from the LBJ and Tricky Dick fiascos of my childhood? The parties have become more ideological and less regional, while the regions have become . . . less rational. The only word seems to be . . .

reactionary.

The press reacts to the president’s tweets, and the president tweets in response to media reaction.

Progressives hate progress; conservatives conserve nothing.

“Reactionary” is the apt word, despite all the term’s past Marxist associations, because no one seems able to think forward, independent of partisan oppositionalism.

Don’t drive yourself crazy with this. Look homeward; think locally, act locally, and let’s build on a solid foundation.

This is Common Sense. I’m Paul Jacob.


Printable PDF

 

Categories
Accountability crime and punishment government transparency initiative, referendum, and recall

Left Wondering Why

In Minneapolis’s Fulton neighborhood a makeshift memorial has sprung up. Amidst flowers, a handwritten sign reads, “Why did you shoot and kill our neighbor?”

Police have yet to offer public comment on the police shooting of Justine Damond, the Australian woman killed in the alley behind her home last Saturday night.

“Sadly, her family and I have been provided with almost no additional information from law enforcement,” Justine’s fiancé, Don Damond,* told reporters, “regarding what happened after police arrived.”

The Minnesota Bureau of Criminal Apprehension has launched an investigation, but not yet interviewed the two officers at the scene, the only known witnesses. The officers had been responding to Justine’s 911 call reporting what sounded like a sexual assault.

No gun was found on Justine; a woman in her pajamas otherwise doesn’t seem very threatening.

Local media identified Mohammed Noor, a Somali-American, as the police officer who fired the bullet that killed Damond. Noor has been on the force since March 2015 and has two previous complaints pending.

Most frustrating, the Washington Post reports that “the officers’ body cameras were not turned on” and . . . “It’s not clear why . . .”

Cameras do not work when turned off; public anger and angst are not ameliorated when we cannot see the body cam footage.

That’s why, back in April, we worked to pass a ballot initiative in Ferguson, Missouri: (a) mandating that police must actually turn on the body cameras they were “using” (after similar incidents, wherein Ferguson police claimed their cameras hadn’t been activated) and (b) setting rules for public access to the video.

The people of Minneapolis, likewise, deserve a more professional police force. Making that happen means taking the initiative: citizens reforming criminal justice policies at the ballot box.

This is Common Sense. I’m Paul Jacob.

 

* Justine had already taken her fiancé’s last name, even though they were set to marry next month. Her legal name remains Justine Ruszczyk.


Printable PDF

 

Categories
general freedom initiative, referendum, and recall national politics & policies responsibility tax policy term limits U.S. Constitution

Brexit 1776-2017

These united States* got their start, officially, on July 2, 1776.

That’s when the Second Continental Congress voted to separate from King George’s government across the water. But it was two days later when that same Congress approved its formal Declaration, and it was the wording of that Declaration that impressed everybody — including folks back in England.

July Fourth, not the Second, became “Independence Day.”

Today, the English are insisting on independence. Last year’s referendum to exit the European Union was a major step in throwing off the abusive relationship from Brussels and the central government there.

The Brits have every right to their “Brexit,” since, as our Congress argued so persuasively, governments “deriv[e] their just powers from the consent of the governed,” which entails that “whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it.”

Americans have never had more cause for fellow-feeling with the British. Not only are they copying us, we are copying us.

To gain anything like control over what has become a runaway central government in Washington, D.C., Americans in the states will have to continue to (in effect) nullify federal law regarding marijuana and take the lead on criminal justice reforms and improving government ethics and accountability. More work must be done, fighting for free speech and against corruption. And overbearing taxation and regulation and cronyism And insane debt accumulation.

Across the pond, it’s Brexit. Here, it’s just our continuing Revolution.

This is Common Sense. I’m Paul Jacob.

 

* For just today I’ll use the odd, old capitalization, just as it was used in the Declaration of July 4, 1776.


Printable PDF

 

Categories
Accountability general freedom initiative, referendum, and recall local leaders national politics & policies responsibility term limits

Today’s Leaders

We have a new president. Many people put a lot of trust in him — and many more hate him and seek to bring him down. In both cases, presidential politics takes up an inordinate portion of our brain space.

Over the weekend I twice wrote about four heroic senators, standing up to the insiders in their own party. Getting a lot of deserved attention.

But remember: the real leaders are not in Washington, D.C.

Right now, a half dozen issues are undergoing revolution. Legalized gay marriage swept through state after state; meanwhile, Democratic leaders (Clinton, Obama) lent none of their prestige to the cause.*

It was local and state activists who led. And even wide swaths of “the people” were out in front.

Not politicians.

Marijuana legalization has occurred in state after state, mostly by initiative petitioning. It wasn’t the politicians who pushed this through. It was activists.

And, again, the people.

The politicians — including, now, the new Attorney General — largely obstructed the advance of freedom on this issue.

Much the same can be said for improving police-citizen relations with mandatory cop cams and transparency protocols. In the past, much the same pattern could be seen regarding term limits and tax limitation measures. In most cases of progress, politicians have actually represented the rear guard.

Which should give us something to think about. We face a looming sovereign debt crisis, the pension system bubble, and ongoing culture wars regarding campus (and general) free speech.

If you think something should be done, minds should be changed, don’t look for a national figure. Look locally. Look to yourself. Go online.

Master the mechanisms of social change.

This is Common Sense. I’m Paul Jacob.

 

*That is, these politicians “became leaders” on the issue at the point the issue needed no leadership. They remained opposed to change until the last moment, when the direction was firmly set and most of the watershed marks had been made.


Printable PDF

 

Categories
Accountability folly free trade & free markets general freedom initiative, referendum, and recall local leaders moral hazard porkbarrel politics responsibility too much government

Go Nats?

Just a few miles away from where I live sits the stadium of the Potomac Nationals. I’m a fan. I’d hate to see the team we call the P-Nats leave.

But . . . Hasta la vista.

The owner of this minor league affiliate of Major League Baseball’s Washington Nationals is demanding a new stadium. He threatens to move out of Prince William County, Virginia, if he does not get it.

The Prince William County board of supervisors has already expressed interest in floating bonds to raise the $35 million the fancy new stadium would require — with the privately owned team paying the money back, with interest, over the next 30 years.

Compared to other crony-ish deals around the country, not such a terrible taxpayer swindle. Still, zillions of wrongs don’t make this right. County taxpayers would be on the hook in case of default. And if the marketplace believed the team could actually make such payments, a bank or other investors would come to the rescue.

Thankfully, a monkey wrench has been thrown into the deal. A county supervisor has proposed that voters should get a chance to decide, via a November referendum. The board of supervisors will consider the referendum tonight.

Voters should get the final say. But if there is a referendum, as much as I love having the team here, I will vote NO. I don’t cotton to forcing others to pay for my preferred entertainment.

Government has certain legitimate roles. Subsidizing sports is not one.

Even if the new stadium would be closer to my home than the old one.

This is Common Sense. I’m Paul Jacob.


Printable PDF

 

Categories
Accountability general freedom initiative, referendum, and recall local leaders

Citizens Triumphant

Last week, the Ohio Constitutional Modernization Commission considered whether to recommend a constitutional change to create an obvious double standard: requiring citizen-initiated constitutional amendments to obtain a 55 percent supermajority vote, while the very same amendments proposed by legislators would only need 50-percent-plus-one for passage.

I traveled to the capitol in Columbus, joining a room full of Ohio citizens and organizations testifying in opposition. As I explained at Townhall yesterday, after hearing from the people, the Commission tabled the idea.*

For more than four years, the Constitutional Revision and Updating Committee deliberated over how to improve the constitution and came to a consensus in favor of the aforementioned double standard (sent to the full Commission). And yet, at a well-attended public hearing, no one defended the proposal.

While bias favoring the legislature seemed obvious, commissioners bristled at the suggestion that — established and funded by the legislature — they lacked independence. “If there were one or two legislative members on our committee, that was it,” offered non-legislator Janet Abaray.

Actually, four of the nine members on Abaray’s committee are currently state legislators — not one or two. Plus, two more previously served in the legislature. That’s two-thirds of the committee comprised of current or former legislators.

Moreover, the published minutes provide a peek into the thinking behind the proposed double standard. For instance, “what have emerged lately are initiated amendments to the constitution that are inconsistent with the purpose of the constitution.”

It is the people who will decide what belongs in the people’s constitution — not the legislature.

And not the legislature’s commission.

That’s the truth that Ohioans spoke to power.

And power listened.  

This is Common Sense. I’m Paul Jacob.

 

* The commission came to this conclusion with only one dissenting vote.


Printable PDF

 

Categories
general freedom initiative, referendum, and recall local leaders nannyism political challengers Regulating Protest

Delivering a Double Standard

Former State Representative Matt Lynch got right to the point in his Cleveland Plain Dealer op-ed: “The people’s right to amend the Ohio Constitution through the ballot initiative is under attack.”

Created by the Ohio Legislature to consider constitutional amendments, the Ohio Constitutional Modernization Commission (OCMC) has a hidden purpose: provide cover for that same legislative body. As Lynch aptly notes, the OCMC “is filled with politicians and lobbyists. Thus, commission recommendations must be scrutinized for fidelity to the public good versus the special interests of political insiders.”

This Thursday at the capitol in Columbus, OCMC will consider whether to recommend that state legislators propose an amendment to the state constitution to make future amendments more difficult. That’s an awfully bad idea in itself. But, bizarrely, the greater difficulty would depend entirely on who proposes the amendment.

The working OCMC recommendation makes no change to the legislature’s ability to propose and pass constitutional amendments. What it would do is make it tougher for citizen-initiated amendments. Most unhelpfully, the recommendation would require only citizen-proposed amendments to garner a supermajority of 55 percent of the vote.

Consequence? Suppose a measure proposed by citizens — term limits, ethics reform, government transparency — was massively outspent by powerful interests, and yet still won 54.9 percent of the vote. It would lose.

Yes, the 45.1 percent of voters would defeat the 54.9 percent of voters.

Call it “New Math.”

The very same issue proposed by legislators would win . . . and be added to the state constitution.

The double standards are breathtaking,” writes Lynch,* adding, “and no other state has such unfair rules.”

This is Common Sense. I’m Paul Jacob.

 

* Sunday at Townhall, I also discussed this double standard. And the word may be getting out. Townhall always adorns my column with a photograph — this time featuring Ohio Attorney General Mike DeWine, also a Republican candidate for governor in 2018. DeWine’s campaign objected to being pictured, arguing they have no involvement with the OCMC. DeWine’s picture has been removed.


Printable PDF

 

Categories
Accountability folly free trade & free markets general freedom initiative, referendum, and recall nannyism national politics & policies property rights responsibility too much government

Minimum Shock

“Three restaurants vacated the Bay this week, with Berkeley’s Bistro Liaison getting the most attention,” the San Francisco edition of Eater informs us. “It’s a bittersweet exit for the owners, who plan to start new careers.”

The week in question was in February. But this was not an isolated event. Sixty-four Bay-area restaurants and fast food joints closed their doors this last winter.

That is a lot of closures.

Why?

Every eatery has a different story, but the entry December 17* provides a big clue: minimum wage hikes.

Citizens should hardly be surprised. They got what they asked for. The minimum wage went up to $13.00 per hour last July, and will go up another two bucks next year. And this was the result of a citizen initiative. “On November 4, 2014, San Francisco voters passed Proposition J, raising the minimum wage to $15.00 by 2018,” the City Office of Labor Standards and Enforcement tells us.

And the thing about minimum wage laws is that they do not — either by magic or by law — directly raise any wages. They, by law and quite directly, prohibit wage contracts below the minimum established.

Businesses then react, struggling to accommodate the newly imposed costs. Sometimes they keep all their employees and economize on other inputs, but often they must re-arrange hours and workers and whole production schemes.

If hemmed in elsewhere, they just go out of business.

Just as one should expect, according to the law of supply and demand.**

Citizens might wish to reconsider. That is, initiate a measure to repeal a previously successful initiative . . . that gave us this unsuccessful policy.

This is Common Sense. I’m Paul Jacob.

 

* The entry reads thusly: “OAKLAND — alaMar Kitchen and Bar as you know it is shuttering on December 17, but will reopen in the new year with a fast casual format. The owner points to minimum wage raises and the cost of doing business in the Bay Area as the reasons cited for the closure/change.”

** It is often said that businesses just “raise prices” and “pass along the costs” to consumers in general, but, for reasons of supply and demand, they cannot do this without decreasing sales and thus revenue.


Printable PDF