Categories
initiative, referendum, and recall insider corruption term limits

Term Limits Now

Government of, by and for the people.

Yeah, right.

If government were “of, by and for” us . . . well, for starters, we’d have term limits.

Especially in Illinois. The Land of Lincoln has become the nation’s capital of corruption — four of the last seven governors went on to serve time in prison.

The state’s most powerful politician is House Speaker Michael Madigan, the longest-serving speaker in state history. Madigan is powerful, yes, but not at all popular — rated negatively by a substantial 65 percent of the public.

So much for popular government.

But yesterday, the negativity of Illinois politics was met quite positively — and head-on. The Committee for Legislative Reform and Term Limits delivered to the state Board of Elections a 36-foot long box, weighing nearly two tons, filled with 68,000 pages of petitions containing nearly 600,000 voter signatures.

That’s more than enough signatures to place the constitutional amendment onto the ballot. The measure will limit state legislators to eight years in office. It will also reduce the size of the state senate and increase the size of the state house, while upping the legislative vote needed to override a governor’s veto to the same two thirds threshold found in 37 other states.

Yet, hours before all those voter signatures were presented to officials, an attorney connected to Speaker Madigan filed a lawsuit hoping to block the vote. The news report on the lawsuit quoted “sources who asked not to be identified for fear of risking their ability to secure state grant dollars.”

Term limits. Now.

This is Common Sense. I’m Paul Jacob.

Categories
initiative, referendum, and recall too much government

Pension Quake Prevention

Some say a mighty enough earthquake on the San Andreas Fault could dump much of the California coast into the Pacific Ocean. Could the state’s perilous public employee pension problems cause even worse damage?

State and local governments in the Golden State have underfunded their golden-parachute pension promises by a terrifying half-a-trillion dollars, with an incredible 20,000 public employees currently receiving yearly pensions of $100,000 or more.

In Ventura County, north of Los Angeles, the problem was highlighted last fall when a retired sheriff, Robert Brooks, sued the county claiming he was owed an additional $75,000 a year. On top of his already substantial $283,000 annual pension, which is a whopping $55,000 more than Brooks’ highest-ever salary.

In the last 15 years, pension costs as a percentage of the county’s budget have shot up an incredible 1,600 percent.

What can an outraged citizen do?

Take the initiative! On Wednesday, a group of men and women in beautiful Ventura County brought officials over 40,000 voter signatures demanding a vote on reform.

The people “made it clear they want a decisive say in their fiscal future,” said co-chairs David Grau and Dick Thomson, standing with other volunteers.

The ballot initiative proposed by the Committee for Pension Fairness would create a 401k-style retirement plan for new county employees. An independent analysis of the measure says it will create enough savings to shore up the woefully underfunded pensions of current employees and retirees.

“People are so excited that finally somebody is going to do something about this problem,” says the Ventura County Taxpayers Association’s Jim McDermott.

You can’t keep a good citizenry down.

This is Common Sense. I’m Paul Jacob.

Categories
initiative, referendum, and recall judiciary U.S. Constitution

Spring’s Decisions

Spring is in the air, and old men’s hearts turn to thoughts of . . . law.

Yes, Supreme Court Decision Season has begun. Yesterday, two decisions were handed down.

In Schuette v. BAMN, Justice Kennedy “announced” the decision to reverse a previous court’s determination overruling a citizen-initiated constitutional amendment in Michigan. Kennedy (joined by Alito and Chief Justice Roberts) found that the people could prohibit race-based affirmative action policies in their state. After all, the Supreme Court had merely allowed such practices in previous cases. It did not require them.

This shouldn’t be controversial — indeed, it was decided 6-2 with liberal Justice Stephen Breyer joining conservatives. Still, Justice Sotomayor read her dissent from the bench, saying “without checks, democratically approved legislation can oppress minority groups.”

The democratically approved legislation in this case prohibited discrimination on the grounds of race — hardly a source of oppression for anyone. Ilya Somin’s prediction of this decision last October is worth contrasting to Sotomayor’s worry: “In no conceivable world can the Equal Protection Clause — the constitutional provision that bans racial discrimination — prohibit a state law that bans racial discrimination.”

Justice Scalia (joined by Clarence Thomas) used his concurring opinion to make some sense of the constitutional status of race in American higher education with “It has come to this.” It’s quite a read.

But there was no joining of Thomas and Scalia in Navarette v. California. Thomas wrote the opinion, deciding that a traffic stop drug bust was okee-dokee, even if initiated by a 911 caller complaining of a truck-driver’s alleged bad driving. Scalia called the decision “a freedom-destroying cocktail.”

So much for the lock-step left-right divide on the High Court.

This is Common Sense. I’m Paul Jacob.

Categories
initiative, referendum, and recall links

Townhall: Freedom with an Exception Clause

It’s an old trick: make the exception clauses completely transform the principles involved.

In Colorado, a politician is trying mightily to transform the nature of citizen involvement in state government. She thinks she’s an angel, of course. But if you think of her as a devil, I’d completely understand.

Click on over to Townhall for this week’s Common Sense column. Come back here, of course, for a little more context.

For other recent Common Sense columns on Townhall, you can view them on this site, as well as on Townhall.com itself: click here for the index.

Categories
initiative, referendum, and recall local leaders obituary

The Lion of Woodinville

Mike Dunmire passed away last weekend. Mike helped me form the Liberty Initiative Fund, serving as an original board member. But he was best known as a key funder of Tim Eyman’s Washington State ballot initiatives.

Indeed, Eyman’s incredible success at the ballot box — I once called him “America’s Number One Freedom Fighter” — would not have been possible without Dunmire, who was happy to help: “I honestly think he is the only one who gets anything done, and the money could not be better spent.”

Dunmire loved the initiative process. When legislators considered adding a $100 fee for citizens to file a ballot measure, Dunmire eloquently objected:

This hundred dollars may not seem like very much. It will eliminate some people who have fringe ideas. But let me tell you once it was a fringe idea that the world was round. I don’t think we want to suppress these ideas, and I think that all this bill does is buy a tremendous amount of ill will. . . . You maybe will make $10,000 off of this, but you stick a finger in every citizen’s eye. . . .

A native of Woodinville, Washington, he balanced humility with wit, hard work with compassion. He once jokingly introduced himself as “the Woodinville Think Tank President” at a legislative hearing.

“Although starting out with very little, I’ve been fortunate,” Mike once wrote. “I live in the most beautiful state in the union, I have my health, a wife I love, and had a career that brought me financial success. I’ve supported many philanthropic efforts during my life. In recent years, I’ve supplemented my ‘normal’ charitable giving by supporting political efforts to hold government more accountable.”

Mike Dunmire remains alive in the hearts of all those he helped.

This is Common Sense. I’m glad I knew you, Mike.

Categories
initiative, referendum, and recall too much government

Their Power

Boo hoo.

Thirty-three hifalutin members of Colorado’s political elite — state legislators, former legislators, board of education officials, city and county politicians, and assorted insiders — are whining as plaintiffs in what’s called a federal case.

Why? They lost an election … in 1992! Now, as the federal 10th Circuit Court of Appeals put it, “Plaintiffs claim that they have been deprived of their power over taxation and revenue.”

Over 22 years ago, Coloradans petitioned the Taxpayer Bill of Rights onto the ballot and voters passed it. Known as TABOR, the constitutional amendment limits the growth of government spending, unless voters approve higher spending levels. It also requires voter approval for tax increases, except in an emergency. The politicians objected at the time, but have since lacked both the courage and the democratic sensibility to take the issue back to the people.

Instead, they’re suing to overturn the result.

The legal theory behind the lawsuit? That TABOR limits the legislature’s ability to unilaterally raise taxes or spend money as it pleases, thus denying the state a “fully effective legislature” — thus TABOR violates the federal constitution’s guarantee that each state have a republican form of government.

Last week, the 10th Circuit ruled the state legislators have standing to sue the people of Colorado over the legislators’ right to tax and spend without a bunch of pesky voters getting in the way.

Those who founded our republican form of government would be absolutely astounded … if they could only be stopped, first, from spinning at such high rates of speed.

This is Common Sense. I’m Paul Jacob.

Categories
initiative, referendum, and recall judiciary local leaders too much government

Moving Boulders

Supreme Court says Boulder City cannot sue citizens over ballot initiatives,” read the Las Vegas Sun headline.

An important legal victory . . . a long time coming.

Three years ago, I caught an online story about a citizens group that had petitioned three measures onto their local ballot: (1) require voter approval before the city council could incur $1 million or more in debt, (2) term limits for members on city commissions and committees, and (3) restrict the city to just one publicly-owned golf course.

Their public spirit was promptly rewarded by being sued, personally, and dragged into court by the city attorney of Boulder City.

I called the citizens’ attorney quoted in the news story, Linda Strickland, and we talked for over an hour. This case, as the Nevada Supreme Court has now agreed, is a classic violation of the state’s Anti-SLAPP statute (Strategic Lawsuits Against Public Participation).

Citizens in Charge Foundation gave Linda and Terry, her husband and law partner, the John Lilburne Award, affording this small town legal scuffle some national recognition and sparking news coverage across Nevada.

On a later trip, I sat in Linda’s living room with a dozen local citizens who recounted the good feeling of participating in the petition campaign and then their unease of being sued by their own city government. I couldn’t be more pleased to now relate that Linda’s efforts have paid off in a state Supreme Court win, protecting the rights of all Nevadans to petition their government.

Freedom is regularly attacked and must be defended. Thanks to Linda and others, it shall be.

This is Common Sense. I’m Paul Jacob.

Categories
by Paul Jacob initiative, referendum, and recall video

Video: Paul Jacob on Nelson Mandela and Peaceful Change

This was recorded a few weeks ago, before the death of Nelson Mandela:

Categories
initiative, referendum, and recall

Can’t Buy Me Votes

“Corporations and some of the wealthiest Americans have spent more than $1 billion in the past 18 months on ballot initiatives in just 11 states,” Reid Wilson informed Washington Post readers following last week’s election. He dubbed it “an unprecedented explosion of money used to pass new laws and influence the public debate.”

He’s implying that bad ol’ corporations and “the rich” can change our laws merely by petitioning issues onto the ballot. Is that right?

Thankfully, no: we get to vote.

“Money is most effective on ballot measures when you’re trying to get a ‘no’ . . . the devil you know is better than the devil you don’t,” explained Rob Richie, the executive director of FairVote, appearing yesterday on C-Span’s Washington Journal. “It’s a lot harder, actually, to spend a lot of money and get a ‘yes.’”

He’s exactly right. Big corporations and big labor have had success in defeating measures, but not much at all in passing “new laws.”

Last Tuesday’s election bears this out. While there were 31 issues on state ballots, only three were initiatives petitioned onto the ballot by citizens, and all three were defeated.

In Washington, Initiative 517, a pro-initiative measure, and Initiative 522, a measure requiring genetically modified foods to be labeled, were both badly outspent and defeated. However, in Colorado, those supporting Amendment 66, a tax increase for education, spent over $10 million to promote the measure compared to less than $50,000 spent against it. Still, the tax hike was defeated 2-to-1.

Money helps in campaigning, no doubt. But the facts show that wealthy interests can’t buy our votes or brainwash us to gain new laws. We decide.

This is Common Sense. I’m Paul Jacob.

Categories
initiative, referendum, and recall local leaders

A Fighting (Peaceful) Chance

Elections you win are better than elections you lose. But while the polls remain open, I say cast your ballot and savor the chance to win, make a decision, make needed changes. In other words, accept that fighting chance.

But no fighting, actually — it’s peaceful political action.

Today, I’m watching closely three contests.

First, Liberty Initiative Fund, where I work, has been a big supporter of pension reform in general and Cincinnati’s Issue 4 in particular. Ballotpedia, the nation’s best tracker of ballot measures, declared the Cincinnati issue one of the nation’s five most important being decided today.

Win or lose in Cincinnati, the pension problems of cities and states across the country won’t just go away — not without an engaged public to demand the issue be addressed. Pension reform ballot initiatives “end run” the can-kicking on city councils and in state houses.

Second, Citizens in Charge was a major backer of the petition drive that succeeded in earning a spot on today’s Washington State ballot for initiative 517, the “Protect the Initiative Act.” While 517’s supporters have been badly outspent by opponents, at least we’ve had a chance to take the idea to the people.

The third? Governance. In Vancouver, Washington, city officials blocked citizens from petitioning onto the ballot the issue of bringing in (and connecting with) the light rail system of twin city Portland, Oregon. After battling and losing a court case (with support from Citizens in Charge Foundation), citizens didn’t give up. They formed Vancouver Vitality and are supporting the ouster of several incumbents and their replacement with a clean slate of new candidates.

I only hope we can do more good when we go vote a year from now.

This is Common Sense. I’m Paul Jacob.