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initiative, referendum, and recall insider corruption term limits

Professional Politicians & Crony Capitalists

Yesterday, I explained how the official title for California’s Proposition 28 tricks voters who favor tougher term limits into supporting a measure that will dramatically weaken those limits.

The title’s slipperiness is anything but accidental. It was designed to fool, hiding the fact that the measure doubles the time legislators can park themselves in the state assembly and ups senate tenure by 50 percent. Instead, voters read that Prop 28 “reduces” (ever so slightly) the time a politician can serve in both chambers, from 14 years to 12 years – something affecting less than one in ten office-holders.

“The proponents of the measure are longtime opponents of term limits who have long wanted to roll back California’s voter-approved legislative term limits,” says Jon Fleishman of the Flash Report, who serves as volunteer co-chairman of “No on 28.”

Still, the sham ballot title is only one part of the Prop 28 scam.

The biggest financial backer behind Prop 28 has been billionaire developer Edward Roski. While at the very same time legislators were awarding Roski’s company the special environmental exemptions he needed to build a sports stadium, Roski just happened to plunk down over a million bucks to the politician-prized petition drive, helping the measure get on the June 5th ballot.

“That’s crony capitalism and that stinks,” argues Fleishman.

“In a state with a 12-percent-plus unemployment rate,” Philip Blumel, president of U.S. Term Limits, points out about legislators, “the jobs they’re fighting the hardest to keep are their own.”

This is Common Sense. I’m Paul Jacob.

Categories
crime and punishment initiative, referendum, and recall

Between a Rock and Our Rights

It’s heart-breaking to read the daily accounts of the Syrian government shelling neighborhoods and snipers gunning down protesting citizens in the streets. Syria, sadly, is hardly the only place where speaking one’s mind or seeking political change can be met with threats and violence.

Sometimes the brutality comes from the government itself. Sometimes the acts of intimidation and bloodshed come from extra-legal gangs acting in concert with those in power.

Thank goodness we live in a country where one doesn’t have to fear violence for one’s political beliefs and activities.

Or do we?

Like many cities and states in our land, Colorado’s public employee pension system is woefully underfunded, $21 billion behind, putting taxpayers and/or retirees in grave jeopardy. In addition to the financial problem is a serious lack of accountability.

State Treasurer Walker Stapleton sits on the board of the Public Employees Retirement Association (PERA). But when he asked for some basic information about benefits, the board refused. Stapleton complains that “it seems their objective is for all board members to operate in the dark and act as a rubberstamp for their executives.” He’s filed a lawsuit seeking the information.

Luckily, Colorado citizens have access to the initiative petition process. Recently, Carol Baum and Karen Stauffer filed initiatives to reform PERA, including requiring greater transparency. Last Friday, they attended the first hearings to finalize their measures.

That’s when the threatening phone calls began. And then on Sunday, Karen Stauffer’s car window was smashed out by a large rock.

Something is rotten in Denver. Tyranny is wielding its most powerful weapons: fear and intimidation. The only antidote is courage.

This is Common Sense. I’m Paul Jacob.

Categories
crime and punishment initiative, referendum, and recall

Running Democracy’s Red Light

In the traffic snarl of political ideas, the liberating concept behind America seems as straightforward as the freeway: The people are the boss, with rights above government, and “That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.”

The people have a green light to pursue happiness, provided that in their liberty they don’t diminish someone else’s equal right. Conversely, government is limited, facing red lights, and flashing yellows, from the people.

In theory.

Too often our judges and our “elected” representatives don’t get it. They shine red lights at the people. Just happened in Washington State on the issue of . . . well . . . red light cameras.

In dozens and dozens of public votes held across the country on the issue of red-light cameras, voters have a 100 percent track record of saying “No,” to those Orwellian contraptions. That’s what happened in Mukilteo, Washington, thanks to a referendum pushed by Tim Eyman. It’s happened in numerous other Washington cities and localities.

So American Traffic Solutions, the company providing this cash-creating “service,” formed a front group and sued to block local citizens from petitioning the issue to the ballot box.

In a narrow 5-4 decision, Justice Barbara Madsen wrote for the majority: “The legislature granted to local legislative bodies the exclusive power to legislate on the subject of the use and operation of automated traffic safety cameras. The legislature’s grant of authority does not extend to the electorate.”

Say, what? The very power granted by the legislature, and now denied the people in court, came from the people. The voters are the ultimate “legislative authority.”

This is Common Sense. I’m Paul Jacob.

Categories
initiative, referendum, and recall video

Video: The Straightest Line Between Here and Freedom

One of the things I do is promote the initiative and referendum process. Have you noticed? Well, that means traveling around the country and speaking before groups of people interested in making the world a freer, better place. Recently I spoke at “Liberty On the Rocks” in Denver:

Ari Armstrong asked some great questions — questions I think that would come to most thoughtful people’s minds, when contemplating direct action via the ballot.

Categories
initiative, referendum, and recall too much government

Stopping Crony Capitalism

Voters in Wichita, Kansas, went to the polls, Tuesday, to smash a measure that would have forked over $2.25 million in tax rebates to a downtown hotel project. Those supporting the giveaway spent $300,000 to promote the deal, while opponents ponied up a scant $30,000 against it. The vote nevertheless strongly weighed against the big money, 62 to 38 percent.

The Wichita City Council had enacted this “economic development” deal with the hotel developers, and that would have been the end of it . . . but for some pesky Wichita taxpayers.

Kansans may lack a statewide initiative and referendum, but there is a local process, so citizens possessed a tool for effective resistance. They formed Tax Fairness for All Wichitans and, working with the Kansas chapter of Americans for Prosperity, they hit the streets to gather over 2,700 signatures to require Tuesday’s vote.Bob Weeks interviewed, YouTube

After the victory, Bob Weeks, the group’s chair, reminded fellow activists that the battle is far from over:

The Ambassador Hotel is receiving assistance from eight taxpayer-funded government programs with costs of $15.4 million up-front and several hundred thousand annually. None of these were affected by the election. Wichita city hall and its allies are ready, willing, and able to use these incentive programs in the future for other hotels and businesses.

Weeks summed up the election results this way: “The best way to create jobs is to get government out of the way. . . . That is what the voters said tonight.”

On behalf of the new Liberty Initiative Fund, I’m honored to have given two cents worth of advice to their effort. They changed public policy, saved tax dollars and threw a big monkey wrench into the machinery of crony capitalism.

This is Common Sense. I’m Paul Jacob.

Categories
initiative, referendum, and recall

Townhall: Be Like China?

It’s getting to become more and more popular to bash initiative rights — even when those rights are not very relevant. I hear rumblings in California that the hopeless Republicans, there, are gearing up for more of such nonsense. But beware, folks: This puts you in very dangerous company, amongst defenders of outright tyranny. See my column at Townhall.com this weekend.

For references associated with that column, click the links below:

For last week’s column, view it on This Is Common Sense.
 

 

Categories
initiative, referendum, and recall

Constitutional Coup d’état?

Last November, Marylanders went to the polls. In addition to choosing candidates to administer their government as well as delegates to legislate for them, there was a ballot question on whether to call a constitutional convention, which, if voters so chose, would provide an opportunity to propose fundamental reforms.

Well, voters so chose. A solid majority — 54.4 percent — voted Yea.

But the Maryland Legislature isn’t setting up the convention.

In a Baltimore Sun op-ed, J.H. Snider, president of iSolon.org, tells the history of the constitutional convention provision in Maryland’s 1851 Constitution: “From 1851 until 1930, the majority required to convene a con-con was interpreted and implemented to mean an ordinary majority.”

But in 1930, when a majority said yes to a convention, the legislature balked, claiming that a convention required a supermajority of all citizens voting in the election. In other words, those not voting on the convention issue were counted as Nay votes.

A legal challenge was brought, but failed, because the counsel to the General Assembly provided, according to Snider, “a remarkably selective and biased interpretation of the con-con debates” for the court. In 1950, again a simple majority called a convention, again legislators shut their ears and, this time, a federal court case failed to decide the matter.

Snider supports a convention as the “best hope for fixing Maryland’s democratic deficits, including its inherently corrupt redistricting system and its legislators’ defiance of popular sentiment on legislative term limits.”

So, he’s suing the Old Line State government “to force it to convene the con-con a majority of Marylanders voted for on Nov. 2, 2010.”

This is Common Sense. I’m Paul Jacob.

Categories
initiative, referendum, and recall

A Right, Yet Wrong

Wisconsin Democrats turned in more than a million signatures yesterday to force a recall election for Republican Gov. Scott Walker. That’s far more than the 540,000 signatures required by law.

State officials will now check the signatures and, barring tremendous irregularities, will set an election six to ten weeks after that, depending on whether a primary is needed to determine the Democrats’ candidate. Some recall processes require an up-or-down vote on the official being recalled, but Wisconsin simply holds a new election.

Only two state governors have been successfully recalled in the nation’s entire history: California’s Gray Davis (2003) and North Dakota’s Lynn Frazier (1921). Both deserved it.

Yet, while I applaud the recall as a good process and a fundamental right of citizens — not only did I personally work on the recall of the mayor of Omaha, Nebraska, in 2010, I wholeheartedly cheered the recall of Davis — I hope the people of Badger Nation will vote to keep their gutsy governor.

Walker’s reform, making public employees pay more toward their hefty healthcare and pension benefits and restricting collective bargaining by public employee unions, understandably angered the state’s labor unions. But the reform has already saved overburdened taxpayers hundreds of millions of dollars. Meanwhile, a report released by the Wisconsin Association of School District Administrators shows that districts across the state are financially more secure and have been able to hire more teachers.

The right to recall is essential, but replacing Gov. Walker would punish him for doing what’s right.

This is Common Sense. I’m Paul Jacob.

Categories
initiative, referendum, and recall video

Video: Music Man?

Last year at this time, I was in Omaha, Nebraska, testifying at a court challenge to the petition drive I had run to put a recall of Omaha Mayor Jim Suttle on the ballot. Recall opponents had hurled baseless charges of “fraud” throughout our signature drive, an increasingly common smear used by the professional left. In the court case, their attorney also tried the old racist tactic of demonizing me as an evil outside agitator. The judge found their charges meritless, writing in his opinion, “Plaintiff introduced evidence to attack the credibility of certain circulators and a Paul Jacob, the coordinator for the paid circulators. . . . This Court found Paul Jacob credible and accepted his testimony as truthful.”

Those powerful political forces opposed to citizens having a say on the ballot, whether through recalls or initiatives or referendums, have made a habit of using nasty, scorched-earth, character-assassinating tactics. They think they can keep good, decent people away from any effort to hold government accountable by being especially dishonest and despicable. We have to prove them wrong at every turn – as we did in Omaha last year.

Categories
initiative, referendum, and recall

Not-So-Total Recall

Michigan has a recall law. Citizens can toss out an unrepresentative representative before you can say Ypsilanti — even if that politician hasn’t committed a crime or tweeted lewd photos of himself.

Well, maybe not Ypsilanti-simple: one must gather enough signatures to reach 25 percent of the contested office’s vote in the previous election.

Since 1954, when the recall provision was added to the Michigan Constitution, only three legislators have been successfully recalled. The first two were Democrats, back in 1983. The third happened just last month. Republican State Senator Paul Scott’s recall was placed on the ballot, largely through the efforts of the state teachers union, and he was voted out.

I wouldn’t have supported Scott’s ouster, but I support the right of citizens everywhere to oust away.

Michigan State Senator John J. Gleason disagrees. To Gleason, three recalls in 57 years are three too many. The Democrat introduced Senate Bill 629, which would gut the right to recall by disallowing it unless the legislator has gone on a crime spree or piled up serious ethical violations.

Just voting our liberties away wouldn’t qualify any longer.

“Nothing unites lawmakers more than making it easier to stay in office,” wrote Mackinac Center for Public Policy President Joe Lehman in the Detroit Free Press. “The voters’ right to recall lawmakers, for expressly political reasons, is a potent check against government overreach that the people should jealously guard irrespective of party.”

Joe’s talking Common Sense. I’m Paul Jacob.