Category: initiative, referendum, and recall

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initiative, referendum, and recall

A Veto for the People

The war on democracy is ongoing. One of the ironies some folks note is that the biggest opponents of citizens’ direct say in government tend to be sitting Democratic politicians. But Democrats who earnestly support democracy can take heart, for not only can they remind Republicans of recent GOP-​led jihads against initiative rights, but Governor Jerry Brown, a Democrat, just vetoed an initiative-​silencing bill in California.

Of course, it was concocted by labor unions for their benefit, and was supported by Democrats in the Assembly, but still: Huzzahs for Jerry Brown!

Assembly Bill 857, advanced by Cupertino’s Paul Fong, would have placed hurdles on the petitioning process by limiting the paying of petitioners to qualify initiatives for the ballot. The vetoed law, if enacted, would have required 10 percent of valid signatures to be volunteers. But “volunteer” included union workers who were, in fact, being paid to circulate petitions.

And that was one of the governor’s complaints about the weaselly legislation.

The Howard Jarvis Taxpayers Association had gone on record opposing the measure, charging that it would have made the process more difficult for most groups with its cumbersome record-​keeping requirements. And another part of the bill, as Neal Hobson summarized at Citizens in Charge,

would have established a right for any California citizen to sue the sponsors of initiative petitions by claiming they had turned in any fraudulent signatures. Whether such charges could be substantiated or not, the resultant litigation could bankrupt initiative campaigns with legal fees.

Devious political minds obviously cooked up this bill. Exclude Gov. Brown from that designation.

This is Common Sense. I’m Paul Jacob.

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initiative, referendum, and recall links Second Amendment rights

Townhall: Plumber Wrench into the Gears of Gun Control

The First and Second Amendment are very good friends. It shouldn’t surprise anyone that they’re close, one always protecting the other, as we witnessed again last week in Colorado. 

For more on the big Rocky Mountain State recall vote, click on over to Townhall​.com. And then come back here for a few more links.

Categories
initiative, referendum, and recall Second Amendment rights

Two-​Way Communication

Tonight Americans have an opportunity to listen to President Barack Obama as he directly states his case for a U.S. military attack on Syria. Wouldn’t it be nice if, for one day, instead of Americans listening to the president, the president had to listen to us?

Not just on Syria … on anything.

Well, Eureka!

The polls will be open in Colorado all day before the Big O’s big oration, from 7:00 am to 7:00 pm Rocky Mountain Time, enabling voters to do the talking in the first recall elections of state legislators in Colorado history.

This is no mere politician monologue, but a real democratic dialogue. And you can bet politicians will be listening — from state legislators to the gun-controller-in-chief.

The conversation started this past legislative session, when Senate President John Morse (D‑Colorado Springs) and Senator Angela Giron (D‑Pueblo) moved two laws through the Colorado Legislature. Anti-​gun laws. This angered Second Amendment activists. The conversation continued when a group of citizens decided they weren’t willing to suffer silently; they drew up recall petitions and then gathered tens of thousands of voter signatures, triggering the recalls.

That’s a lot of hoops to jump through. The president can simply call up the networks and almost instantly communicate to millions. But citizens have to work harder for their talk time.

So, listen respectfully to the president tonight, by all means … but remember that, if you want politicians to listen, the initiative, referendum and recall constitute one heckuva megaphone.

This is Common Sense. I’m Paul Jacob.

Categories
ideological culture initiative, referendum, and recall

Another Trout in the Milk

Maine’s small farmers had held out great hope for LD 1282, explained the Bangor Daily News a few months ago. The bill, if made law, would have allowed “unlicensed farmers whose facilities are not under inspection to sell up to 20 gallons of raw milk per day directly to consumers, so long as the product was clearly labeled.”

For small farmers, a traditional freedom, a niche in the system.

For big farmers it presented an unwelcome double standard, allowing something for the little guy that the big guy couldn’t match. And yes, the bill did suffer from this kind of inconsistency, but only because current regulations all stack against small farmers.

The bill passed, but last month the governor vetoed it … and the veto was not overridden. No legal raw milk in Maine.

For some in the state’s Republican Party, including national committee member Mark Wilson, that was just too much. “We want our God-​given rights to buy, sell and consume what we want protected by the law — not restricted by FDA or USDA directives.” Citing lack of principle on the federal level, too, they resigned from the party, choosing to focus on helping their “fellow Mainers outside of party politics.”

The story hit the papers.

Can they accomplish more good outside the GOP? Probably. The state’s initiative and referendum process rated a C in Citizens in Charge’s 2010 report; most states rate an F. But there’s no point in even trying to rate partisan politics. It’s that bad.

And direct citizen action is certainly less frustrating. It’s hard when you must fight not only the opposition party, but your own team as well.

This is Common Sense. I’m Paul Jacob.

Categories
initiative, referendum, and recall

Division and Democracy

Recalls of elected officials are said to be “divisive.” And, I guess, to an extent they are. The elected official being recalled seems to take it personally.

At times, democracy can be messy and unpleasant, since we don’t all agree on everything, including whether the guy or gal the majority of us reluctantly agreed to in the last election deserves to finish out his or her term of office. Across America, where citizens have access to the process, elected officials are recalled pretty infrequently, though more often recently than in yesteryears.

Politicians with power are more often running amok, so no wonder citizens exercise this democratic check “more often.” What’s the alternative?

Some would say wait until the next election. But sometimes waiting years for the next election is potentially too damaging or dangerous. This is even more so where democracy is more fragile, say in Egypt.

In this most populous Arab nation, street protests against the elected government were followed by a military coup d’état, tanks thundering down Main Street, the arrest of the president and other government officials, violent street battles and shootings of unarmed citizens protesting the government’s removal.

As official Washington decides whether or not to call it a coup — in effect, whether to fund those who carried out the overthrow —  it dawned on me that a democratic process whereby elected leaders can be peacefully removed — i.e., recall — is a whole lot better and safer than street protests and military coups.

This is Common Sense. I’m Paul Jacob.

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

No Right to Defend Your Rights

You have no right as a voter to defend your interests as a voter. Not in federal court.

So decides the Supreme Court in Hollingsworth v. Perry, a case about a controversial California ballot question. The court ruled 5 – 4 that petitioners “lack standing.” Their interest wasn’t “particularized” enough. 

Passed in 2008, Proposition 8 amends the California constitution to stipulate that “only marriage between a man and a woman is valid or recognized in California.”

Two questions must be distinguished. One, whether Proposition 8 is consistent with the U.S. Constitution. The high court could have agreed with the lower one that it isn’t. Two, whether voters – in this particular case, the official state recognized proponents of the measure – may judicially defend a law brought to ballot by themselves and duly enacted, when state officials decline to defend that law.

I’m no fan of Prop 8. But for the land’s highest court to rule that voters and petitioners have no “standing” here is a horrid precedent. It tells government officials to take heart if they dislike a law that voters have passed. Maybe not enforce or defend it at all, say — and regardless of any constitutional finding. After all, what can We the People do? It’s not as if we have standing!

Justice Kennedy, in dissent, pinpoints the default: “the Court fails to grasp or accept … the basic premise of the initiative process …  The essence of democracy is that the right to make law rests in the people and flows to the government, not the other way around.”

Oh, yes, the people do have standing.

This is Common Sense. I’m Paul Jacob.