Category: initiative, referendum, and recall

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crime and punishment folly free trade & free markets general freedom initiative, referendum, and recall local leaders nannyism national politics & policies privacy

Legalize Cancer Fighting

Cannabis World Congress, Marijuana, legalization, decriminalization, law, initiative, citizens, democracy

“Do all former congressmen have to get cancer before we’re gonna get medical marijuana or recreational marijuana?”

That’s what Reason TV’s Nick Gillespie asked Billy Tauzin at the Cannabis World Congress and Business Exposition. Tauzin’s a former Representative for Louisiana’s 3rd District. He moved from Congress to lobbying for Big Pharma — I mean, PhRMA, a drug lobbying group — and then to Lenitiv Scientific, where he works now.

The company produces “a line of innovative, high quality cannabis and hemp-derived CBD products,” its website informs. These products, says the former Republican politician, are so effective that he now expresses some regret that he could not have had access to such drugs when he was fighting cancer more than a decade ago. Today’s cancer patients have it easier, because of cannabis-derived products, including CBD.

Hence Gillespie’s question — which almost answers itself.

With a No.

The number of states that have legalized or decriminalized marijuana for recreational or medicinal uses (or both) is growing all the time, usually without the help of politicians with or without cancer.

The movement has mostly been carried on by We, the People through initiative and referendum. Especially the crucial early steps.

But politicians are beginning to follow our leadership.

Which, in a society where citizens are in charge, is all to the good.

Though powerful opposition remains, Tauzin speculates, “I think if we took a silent vote, secret ballot, we’d win tomorrow easily.”

So, given a little more time for Congress to catch up with the culture, freedom can prevail, no cancer necessary.

This is Common Sense. I’m Paul Jacob.

 

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crime and punishment general freedom ideological culture initiative, referendum, and recall local leaders national politics & policies political challengers property rights Regulating Protest too much government

A Sanctuary from Centralization

decentralize, centralize, federal and state and county, power, nullification, distributed

Defiance . . . nullification. It is a trend.

I take it as a sign of our contentious times that we now witness states in open rebellion against centralized control from the Imperial City of Washington, D.C., while cities and counties are also rattling the chains set by their respective state capitals.

The sweep of marijuana decriminalization and legalization is only the most obvious. The rise of “sanctuary cities” defying federal government immigration laws — often backed up by state legislatures — has been a contentious issue, with progressives supporting this sort of nullification and conservatives opposing it.

But the latest development does not hail from the left.

In Illinois, a number of rural governments have taken a cue from the immigration debate by “declaring themselves sanctuary counties for gun owners,” we learn from the AP’s Don Babwin, writing in the Chicago Tribune. “The resolutions are meant to put the Democratic-controlled Legislature on notice that if it passes a host of gun bills . . . the counties might bar their employees from enforcing the new laws.”

An Effingham County Board Member calls “sanctuary” an attention-getting “buzzword,” reporting that “at least 20 Illinois counties and local officials in Oregon and Washington have asked for copies of Effingham County’s resolution.”

Now, cities and counties do not have an analogous relationship to their state governments as do states to the federal government: the states created the “United States of America,” while cities and counties are also state creations.

Yet this move is important. It shows a growing recognition of the tyrannical nature of centralized power.

And the usefulness of decentralization.

This is Common Sense. I’m Paul Jacob.

 

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Accountability general freedom government transparency initiative, referendum, and recall local leaders moral hazard nannyism national politics & policies

Principle and Compromise

De-Escalate Washington, Tim Eyman, Initiative 940, initiative, democracy, shootings

Last Friday, Tim Eyman — the Evergreen State’s best-known ballot initiative practitioner — won an important court case.

But he also scuttled an amazingly impressive compromise between state legislators, police, and the proponents of Initiative 940.

The measure was written and promoted by De-Escalate Washington, a group that includes several relatives of deceased victims of recent controversial police shootings. I-940 would implement violence de-escalation and mental health training for police, and require law enforcement personnel to provide first-aid to save lives. Most likely Washington voters tell pollsters they approve.

De-Escalate Washington got the required signatures, sending this “indirect initiative” to Olympia. The Legislature was faced with three choices:

  • approve the initiative as written;
  • not act, letting the measure go to the ballot; or
  • approve an alternative and place both proposals on the ballot.

The Legislature tried to “create a fourth option”: it passed the measure with amendments.

And that’s what Thurston County Superior Court Judge Christine Schaller found unconstitutional. She sent the measure, un-amended, to the ballot for a vote of the people.

Interestingly, those amendments were the result of negotiations among the measure’s advocates, the police, and the Legislature. There had been many congratulations all around on the “historic” compromise. But, “historic” or no, legislatures must follow the law.

Tim Eyman is pleased that the court defended the constitutionally defined initiative process by definitively siding against the backroom compromise.

And voters will still get the chance to vote on the proposal.

This is Common Sense. I’m Paul Jacob.

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ballot access general freedom initiative, referendum, and recall moral hazard nannyism national politics & policies political challengers responsibility term limits

The Yellow and White Lines

term limits, elections, voting, limits, white lines, yellow lines, democracy

If I’ve heard it one million times, I’ve heard it ten: “We already have term limits; they’re called elections.” A statement usually offered as the beginning and end of wisdom regarding the problems term limits are designed to tackle.

Equally “profound” is the collateral claim that “the only term limits we need are an informed electorate.”

Such generalities “prove” too much. Any formal restraint of government could be thus airily dismissed.

  • “The only Bill of Rights we need is an informed electorate.”
  • “The only checks and balances we need are an informed electorate.”
  • “The only prerequisites for running for office we need are an informed electorate.”

If formal rules don’t matter, why write these things down or try to enforce them in light of principle and precedent? Just get your informed electorate and let the informed electorate handle it.

To preserve and strengthen our republic and our liberties, we do need an informed electorate. We also need many other things, including well-known, widely accepted, consultable, objective limits on government power.

One such limit limits terms.

Term limits on legislators, executives and even judges combat political corruption, empower informed voters, and give informed and capable electoral challengers more opportunities to effectively present their ideas.

The fact that a given political or cultural factor is crucial to the commonweal doesn’t mean that no other factors are also crucial.

Don’t tell drivers of cars that all they need are skills and gas.  You also need lines on the road — limits to keep us out of the ditch, and from head-on collisions.

This is Common Sense. I’m Paul Jacob.

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ballot access initiative, referendum, and recall local leaders political challengers Regulating Protest too much government

New-Fangled Vote Counting

Florida, Proposal 97, Constitution, democracy, voting, initiative, Constitution Revision Commission

Call me old-fashioned, but when you go to the pols to cast your vote on a ballot measure, your Yes vote should count for yes and your No vote for no.

And if you choose not to vote, your non-vote should count for neither yes nor no.

That’s just common sense. Right?

Well, meet its antithesis: Proposal 97, now being considered by Florida’s powerful Constitution Revision Commission (CRC).* Proposal 97 would count all those who do not cast a vote for or against a ballot measure as a No vote against it.

To pass a constitutional amendment in the Sunshine State already requires a supermajority vote of at least 60 percent of those who do cast a vote on the measure. Under Proposal 97, counting all those not voting on it as No votes, that percentage would necessarily go even higher. If 10 percent don’t vote, Yes would have to come in at 67 percent to win.

This is minority rule . . . with an extra perverse twist.

The supermajority requirement encourages big money interests to spend heavily against ballot initiatives — even when the issues have clear majority support — because if they can manage to lose by less than 20 points (60–40 percent), they win. Now all opponents need do is poison the water with the nastiest campaigning imaginable, causing more voters to throw up their hands or pinch their noses and avoid the issue . . .

. . . thus, being counted as voting No.

Don’t abstain. Stop Proposal 97. Tell them NO here.

This is Common Sense. I’m Paul Jacob.

 

* How powerful is the CRC? Every 20 years it meets with the awesome authority to refer constitutional amendments directly to the ballot — as many as it wishes and the amendments can be packaged to include several different subjects. No other state has a similar body. Of the 37 commission members, the governor appoints 15, the Senate president and the House speaker each appoint nine, the chief justice of the state supreme court appoints three and the attorney general is an automatic member.

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Accountability ballot access general freedom government transparency initiative, referendum, and recall local leaders moral hazard

Fear of Voters

Oklahoma, votes, democracy, initiative, marijuana, State Rep. John Enns, ballot

You are a state legislator, say. And an issue could be placed on the ballot on which a majority of your state’s citizens might not vote according to your preference. What would you do?

  1. Educate your fellow citizens on the merits of your position; or
  2. Dawdle while calling a lobbyist for advice; or
  3. Change the constitution to make it impossible for such a vote to ever be held?

State Rep. John Enns chose option C — perhaps after exhausting B. Stamping out Oklahoma’s ballot initiative process, freeing Enns and other legislators from this citizen check at the ballot box, is the essence of his House Bill 1603.

The Sooner State already possessed the toughest petition requirements in the country.  Supporters must gain the country’s highest percentage of voter support (15 percent) while limited to the second shortest time period (90 days) to circulate petitions.

On top of this current statewide slog, Enns’ constitutional amendment would require also qualifying in every single county. Oklahoma has 77 counties.

As the Tulsa World editorialized, “he wants to make it impossible.”

What lousy rationale lies behind Enns’ desire to destroy democratic governance?

In response to another legislator’s query about his “fear that some marijuana bill will . . . become a state [ballot] question,” Enns claimed his effort was “not pre-emptive.” But he acknowledged his strong opposition to legalizing recreational marijuana, which he pointed out “had been done through initiative petition” in other states.

Enns is afraid of Oklahoma voters having their say. He should be.*

This is Common Sense. I’m Paul Jacob.


* I mean, of course, that Rep. Enns should fear being booted out of office on his keister. He should not have to fear physical reprisal. The Tulsa World reports that the Oklahoma Highway Patrol is now providing security to Enns, after a death threat was received related to his HB 1603.

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