Category: Common Sense

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Accountability Common Sense government transparency term limits

The Article V Path

Can Americans term-​limit Congress?

Twenty-​three states had passed term limits on their congressional delegations by 1995 — many while simultaneously term-​limiting state lawmakers.

Voters in most other states lack statewide initiative rights. But if the term limits passed by the 23 had been left alone, the pressure would have been enormous to bring term limits to the whole Congress.

Alas, in its 1995 Thornton decision, the Supreme Court ruled, five to four, that this method of building a more perfect union is constitutionally imperfect.

U.S. Term Limits currently backs an amendment that would originate in Congress to limit House members to three two-​year terms and senators to two six-​year terms. Just in case congressmen don’t get around to passing such an amendment, though, USTL has also endorsed the Article V path to term limits being promoted by Citizens for Self-Governance.

Article V of the Constitution authorizes states to call a constitutional convention if two thirds of them apply. In 2014, Georgia, Alaska and Florida did formally apply for a convention to consider term limits and other reforms. Lawmakers in many other states advocate similar applications. As with congressionally proposed amendments, any amendment offered by the states’ convention would then have to be ratified by three fourths of the states.

Is Article V a long shot? Yes. Every means of imposing congressional term limits has proven to be a long shot.

When we get there, it will be because one of the long shots paid off.

This is Common Sense. I’m Paul Jacob.

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Common Sense general freedom individual achievement meme U.S. Constitution

Everything That Could Be Done

Patrick Henry

Two hundred forty years ago, the situation was dire. In the Virginia Colony, not too far from where I live, representatives to the Second Virginia Convention were debating the problems they were having with their “masters” in Britain — and the more dangerous, violent situation that was developing to the north.

Several days into the convention, Patrick Henry spoke. His speech was rousing. And it changed minds, concluding with the famous words “give me liberty or give me death!” — an ultimatum quite stark indeed.

Mr. Henry was for action, and waiting no longer. Addressing himself to the president of the convention, he said, “Let us not, I beseech you, sir, deceive ourselves longer. Sir, we have done everything that could be done to avert the storm which is now coming on.” And they had done a great deal, engaging in

- petitioning

- remonstration

- supplication

and, Henry went on, had even “prostrated ourselves before the throne.” And they got worse than the cold shoulder for all their efforts. They got the brush-​off, the turn of the cold robe. Along with troops of occupation.

Hence the need for serious action.

Then, Americans were wrestling with the world’s most powerful nation: the British Empire. Today we again face the world’s most powerful empire: our own.

A federal regime similarly out of control in terms of spending and debt, arrogance and corruption, intrusiveness and incompetence. As if dictated by a know-​it-​all king of old, or a cabal of insiders acting as oligarchs.

Then it was a far-​off Parliament; today it is our own far out-​of-​it representatives … duly elected.

We are engaged in a sort of class war, insiders vs. outsiders, and it is the insiders who are bringing the country to the brink of collapse.

The biggest difference between 1775 and 2015? We haven’t done all we can. There is much more to do. And possibly even succeed before the doom of another financial collapse, sovereign debt crisis, or … worse.

It often seems a Herculean task, but as Mr. Henry implored, “Sir, we are not weak, if we make a proper use of those means which the God of nature hath placed in our power.”

Let’s join together to give ourselves, our loved ones, and generations hence liberty.

This is Common Sense. I’m Paul Jacob.

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The Meaning of "Liberal"

 

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Accountability ballot access Common Sense First Amendment rights general freedom initiative, referendum, and recall

Really Protecting Our Rights

Incentives matter. Which is why Ohioans have much to celebrate
this week.

Federal District Judge Michael Watson turned his previous temporary injunction against enforcement of Senate Bill 47 into a permanent injunction. That statue outlawed non-​residents from helping Buckeye State residents by gathering petition signatures for an initiative or referendum.

The case is Citizens in Charge v. Husted. Citizens in Charge — where I work — protects initiative rights. Jon Husted is the Ohio Secretary of State.

But Judge Watson went further, declaring Sec. Husted’s office liable for damages to one of our co-​plaintiffs, Cincinnati for Pension Reform. The judge found that “a reasonable official would have understood that enforcement of the residency requirement would violate plaintiffs’ First Amendment right to engage in political speech.”

Public officials have what’s known as “qualified immunity,” which protects them from liability when acting in good faith. A spokesman for Husted offered a defense: they were acting “on the assumption that the law is constitutional.”

“Some qualified-​immunity cases are difficult,” countered election-​law expert Daniel Tokaji. “Not this one.”

Ohio’s residency law was ruled unconstitutional in 2008, after Ralph Nader’s presidential campaign sued. In 2009, the previous secretary of state officially acknowledged the law unenforceable regarding all petitions. Yet, seeking to block citizen petitions, legislators passed it again, and Husted was quick to enforce.

Maurice Thompson of the 1851 Center for Constitutional Law, our attorney, cheered the “deterrence” this decision provides.

“If public officials from the governor down through the police know that they will be liable for enforcing an unconstitutional law,” he explained, “they are far more likely to take Ohioans’ constitutional rights seriously.”

This is Common Sense. I’m Paul Jacob.

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Common Sense folly national politics & policies too much government

The Latest Big Fix

Government Fixes

Transformer-​in-​Chief Barack Obama is at it again.

The president’s latest tune is a variation on a very old theme: whatever government breaks “requires” a new government program.

See a problem; propose and enact a government solution; the problem gets worse, some new ones pop up; blame everything on the voluntary, “freedom” side; demand more and newer government programs.

It’s a trap. Literally, since it involves more coercion by government at every step.

Here’s the story: President Obama was largely repudiated at the polls last November. The performance of his administration and congressional allies proved so lackluster that his party couldn’t muster much of a vote in their favor.

So now Obama promotes the idea of compulsory voting.

“It would be transformative if everybody voted,” Obama said. He mentions Australia, which has had mandatory voting for a while. He doesn’t mention North Korea, which also forces its citizens to vote, or that totalitarian and authoritarian regimes have often used compulsory voting to give their dictators a patina of “democratic legitimacy.”

I’d be embarrassed to bring it up.

Obama brought it up in the context of fighting the influence of big money.

So, to fix particular problems, government gets involved in the economy generally, everywhere — and not by playing umpire to establish a “level playing field,” but by siding first with one group, then with another, with mandates, prohibitions, regulations, etc. (He calls all this “fair,” incredibly.) Naturally enough, affected businesses and individuals petition for insulation from each and every proposed “fix.” Many go on for special favors. This leads to increased money in campaigns, as well as increased lobbying.

So now? Direct coercion of citizens — simply to “get out the vote.”

It’s always force with these folks.

This is Common Sense. I’m Paul Jacob.

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Common Sense government transparency national politics & policies

What a Day for an Insult

Freedom of Information

Much of politics is timing. When you release information is key.

One favorite “statesman” trick is to bury unflattering information by “releasing” it on a Friday, right before the weekend.

This gives politicians a respite. Surely world events will have spewed up some worse (that is, more interesting!) story over the weekend, so on Monday, when journalism and its followers are back into the work week, coverage will be distracted and lessened.

I guess that’s why the White House waited till last Friday to explain it was officially removing Freedom of Information Act (FOIA) requests from the burdens on its Office of Administration.

Barack Obama, when he was running for office, proclaimed that his administration would be “the most transparent in history.” But he’s been following President Bush in keeping the administrative side of the White House as opaque as possible.

White House flunkies say this “cleanup” of FOIA regulations is “consistent with court rulings that hold that the office is not subject to the transparency law.”

Accept that, arguendo, and it still looks bad for the “most transparent” prez of all. He didn’t have to do this. He just wanted to.

Adding insult to injury, as noted by Gregory Korte in USA Today, “the timing of the move raised eyebrows among transparency advocates, coming on National Freedom of Information Day.”

This all relates to the current Hillary email scandal, too. It just so happens that the White House office now unencumbered by FOIA requirements is in charge of filing … old emails.

Coincidence?

Perhaps that’s why they risked announcing this on Freedom of Information Day. The irony was lost over the weekend.

This is Common Sense. I’m Paul Jacob.

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Common Sense national politics & policies Popular responsibility

My Privilege Isn’t White

Privilege

“White privilege” is all the rage … on college campuses. But is there anything substantive to the notion?

As long as some folks view individuals as nothing more than their race, I suppose one can accrue a few advantages simply by being part of the largest racial group.

Moreover, as I explained at length in my Sunday column at Townhall​.com, numerous government policies do indeed hit minorities harder.

The War on Drugs has ravaged the black community much more than the white community, for example. This may result more from the higher poverty rates for minorities than to race alone: Police and prosecutors are more likely to arrest and harshly prosecute the poor for no better reason than that the poor are less able to defend themselves, legally or politically.

That’s wrong. We very much need major reforms of unaccountable police power and abusive prosecutors as well as end the drug war.

But getting back to that trendy “white privilege” — it misses a big source of “unfair” advantage.

I’m white, but my privilege mostly isn’t. Of my many advantages, my skin pigmentation nowhere near tops the list.

Whatever success I’ve enjoyed derives mostly from this: I was reared by two parents who supported me, nurtured me, corrected me and cared about me every day from before I was born to now.

No government program, no amount of money, can best that gift.

The most critical element in the success of black and brown and yellow and peach and white kids is not a politician who cares, but a parent — or, better yet, two — providing a nurturing environment, including tough love.

We could all use more of the “unfair” advantage that parents provide.

This is Common Sense. I’m Paul Jacob.

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