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Common Sense

Sign of Dissent

Jim Roos has lost — for now. A federal judge says St. Louis may force him to whitewash a sign he painted on a south-​side apartment building. The sign says END EMINENT DOMAIN ABUSE.

Roos is president of the housing organization that manages the apartment building. He is also president of the Missouri Eminent Domain Abuse Coalition. He painted the mural after he and other property owners began receiving letters advising them that the city was thinking of using eminent domain to grab their property and turn it over to commercial developers.

The city refused to grant a permit for the sign, claiming it clashes with zoning requirements. Perhaps the City of St. Louis just doesn’t appreciate fine art. John Randall, an attorney representing Roos, observed that if the sign had “said something like ‘Go Cardinals’ or ‘We support our troops,’ I doubt that we would be in federal court with this.”

The case is about free speech, but it’s also about property rights. The mural is not vandalism, after all. Why shouldn’t Roos be able not only to keep but also to paint his very own property? Governments would often have you believe that your property belongs to you only contingently and provisionally, not as a matter of right.

Roos says he will appeal, and keep fighting. “If we eventually lose and there are no more appeals we’ll remove the sign. Until that time, however, I think the sign is going to remain.”

This is Common Sense. I’m Paul Jacob.

Categories
ballot access Common Sense initiative, referendum, and recall local leaders term limits

What Was I Thinking?

Tomorrow, I turn 50. Time flies when you’re having fun.

For the last 30-​plus years — my entire adult life — I’ve worked in politics. That might not seem like much fun. Politics is a constant struggle, a slog. But working for freedom — in one crusade or another — has been both fulfilling and fun.

Maybe it’s because, as a friend once accused, I’m a pathological optimist. Maybe it’s a whole lot more than that.

I’ve worked through nights, bleary-​eyed, peering at voter registration lists. I’ve circulated petitions in 100-​degree heat and freezing temperatures. I’ve been vilified in the press, as well as lionized. I’ve been both hounded and praised. I’ve been imprisoned, and threatened with more of the same.

What was I thinking?

I guess I thought, and indeed still think, that we are called upon to do what we believe is right — come what may. Freedom isn’t free. As much as I love words, actions speak much louder.

It’s been hard sometimes. I was in prison for five and a half months when my oldest was only a year old. I was there for refusing to register for the draft.

What was I thinking?

In the words of then-​presidential candidate Ronald Reagan, I thought: “The draft or draft registration destroys the very values our society is committed to defending.” I could not stand idly by while those cherished values were destroyed, nor certainly be any party to it.

My re-​education in federal custody fortunately didn’t take. And the road I took has made all the difference.

For instance, I met Ron Paul when, as a slightly younger congressman, he testified at my trial. Three years later, in 1988, I nominated him to run for president on the Libertarian Party ticket.

At a meeting in April of that year, the task of putting Congressman Paul on the ballot for president was handed to me. The next morning I was awakened by a phone call at home — at 6:00 am. And for the next six months the phone never stopped ringing.

I remember my wife calling me at the office to tell me our new home phone number — and urging me not to give it out to people! She’s a lot smarter than I am.

Working with wonderful people across the country, we successfully placed Ron on the ballot in 47 states and the District of Columbia. And Guam. Believe me, it took a lot of hours, daylight and late night.

What was I thinking?

I was thinking that given a choice, people would choose greater freedom, limited government and personal responsibility. We didn’t win, of course. But we weren’t through trying.

Howie Rich and Eric O’Keefe noticed my work on the petition drives and offered me a job running the Tax Accountability Amendment in Illinois. Half a million voters signed petitions to put the measure on the ballot. Then, at 77 percent in the polls, the Illinois Supreme Court took it off the ballot. (The same thing happened again four years later with a term limits petition.)

But, suddenly, freedom was breaking out around the world. The Berlin Wall came down. Czechs poured into the streets. Estonians were singing. We watched with inspiration and then horror as students rallied for weeks in Tiananmen Square only to ultimately be crushed under tanks that rolled over them. Their dream was our dream; it was universal.

The end of the Cold War allowed Americans to cast a full glance at city hall, at the state capitol, at Washington, D.C. We didn’t like what we saw.

Along came term limits.

In 1992, I was hired to run U.S. Term Limits. We were able to help activists in 14 states get on the ballot — the most states to ever vote on a single issue on a single day. All 14 states passed term limits, including my home state of Arkansas.

The issue continued to win at the ballot box in the states and in hundreds of cities and counties — from Wyoming to New York City. Politicians sued. Speaker of the House Tom Foley was one.

In 1994, Republicans swept to a majority in the U.S. House for the first time in 40 years, in no small part due to their embrace of term limitation. One of the biggest upsets was Foley, the only Speaker defeated for re-​election since the Civil War, a victim of his own lawsuit to overturn his state’s voters.

And term limits — a case from Arkansas, not Foley’s — went to the Supreme Court. Unfortunately, in a narrow 5 to 4 decision, the court struck down Arkansas’s term limits law, and by implication laws enacted in 22 other states.

What was I thinking?

On the steps of the Supreme Court, I told reporters:

All over Washington today, the politicians and the power brokers are happy. You can hear the sound of champagne corks popping. I have a simple message to them. Drink up; you’re outnumbered.

Term limits went nowhere in Congress, of course. There were a few principled supporters, but most wanted a career of perks and power. It’s very seductive.

I was on the wrong side of an 80/​20 issue. I was with the 80 percent of Americans for term limits.

What an amazing situation: Our representatives refuse to do what 80 percent of the people want. In essence, they refuse to give back the power we’ve given to them.

The issue won’t go away. At every Tea Party, one sees the homemade two-​word signs: Term Limits.

The only negative result of term limits sweeping those states with initiative and referendum has been the backlash. Legislators and their favored special interests have launched a concerted attack on the initiative process for enabling the people to do such a thing in the first place.

What was I thinking?

The initiative process is the greatest protection we citizens have from a government gone wild.

Regular readers of Common Sense know my more recent work in helping citizens across the country petition to put dozens of initiatives on the ballot to protect homes and small businesses from being taken through eminent domain abuse and other initiatives to enact state spending limits.

In the spirit of “no good deed goes unpunished” and in the cesspool that has become our politics, Oklahoma Attorney General Drew Edmondson indicted three of us, The Oklahoma Three, for “conspiracy to defraud the state” over a 2006 initiative there.

What was I thinking?

The Oklahoma powers-​that-​be were scared. And they did not want us taking any limits on government spending to a public vote.

And perhaps, for a moment or two, I may have thought “I’m getting too old for this.”

We were innocent of the charge and we fought back. After more than a year and a half with a possible ten-​year prison term hanging over our heads, the charges were dismissed. The AG had campaigned in the press that we were guilty, but he had repeatedly blocked our case from going before a judge for a preliminary hearing to determine if there was enough evidence to even go to a trial.

No such hearing was ever completed. Meanwhile, the state’s petition law was struck down as unconstitutional in federal court.

The AG thought he could threaten us into submission. He had offered my co-​defendant Susan Johnson a deal: plead guilty and all she’d get would be a small slap on the wrist.

Like so many unsung patriots in this country, she told him to stuff it.

What was she thinking?

All that is necessary for the triumph of good is for the majority of people — who are indeed good at heart — to stand up and be counted. The people are not the problem. They are the solution to the problem.

When government becomes Goliath, the initiative is the people’s slingshot.

Times are tough. Even a little scary. But I’ve never had more hope for the future. Together, I’m convinced we can leave our kids and grandkids an insurance policy. Not one that pays money when we’re gone, but something they’ll need even more:

Freedom.

The key to protecting and restoring freedom is to give the intrinsic decency and the common sense of the American people a chance to prevail. That’s what the initiative and referendum process is all about: an opportunity to place some measure of common sense on the public agenda, and when needed, to check the power of the high and mighty.

As I look back on my five decades, I’m thinking how proud and how lucky I am to serve as president of Citizens in Charge and Citizens in Charge Foundation, the only national organizations committed to protecting the right of citizens to initiative and referendum.

Last year, thanks to your support, we worked in 17 states protecting the rights of over 137 million Americans. This year, we’re already helping local leaders in 14 states and we’re engaged in eight lawsuits to overturn unconstitutional restrictions on citizen petitions. And there’s more to come.

Many times through the years I’ve asked you to make a sacrifice to support our mutual cause. Your generosity has made the difference. Again today, I ask you to help support the work of Citizens in Charge Foundation with a contribution.

Don’t donate $50 to Citizens in Charge Foundation just because I’m turning 50. If that were the only motivation, I’d want you to give $49 or $39 or $21. I’d feel younger.

Give whatever you can afford — $50 or $5 or $500 — because your freedom and mine, as well as freedom for our loved ones, is worth every penny.

We’ll put it to good use in mobilizing citizens, organizing coalitions, putting grassroots pressure on elected officials, defending the rights of citizens in court and in the court of public opinion.

My oldest emailed me to say, “This is a pretty big deal birthday.” I told her that I’ll only be one day older.

And each new day I’ll be happy, having fun, defending what we hold dear, working with great people like you to empower the common sense of the American people, to put citizens in charge.

This is Common Sense. I’m still, for one day more, 49-​year old Paul Jacob.

P.S. Please contribute today to our 2010 national campaign to Save the Initiative. And thank you for all you’ve done to stand up for liberty and justice.

P.P.S. When you make a financial gift, your spouse, your friends, your neighbors and co-​workers may ask you: Times are tough — what were you thinking?

So tell them. Freedom needs not only your support, but theirs.

Categories
Common Sense

Happy New (Sorta) Decade

2010 has begun and we’re inundated with Top Ten Lists: Movies, Sports, Political Trends, What-​Have-​You. To be different, I thought about compiling a Top Ten List of the Decade’s Best Top Ten Lists, but then I realized …

This isn’t the first year of the decade, it’s the last.

A decade, proper, begins with the numeral 1 at the end, not the numeral 0. You see, our Gregorian Calendar does not figure the Current Era as starting with a Year Zero; it was constructed to start with a 1. And just as the first decade of the first millennium started with 1 and ended with 10, just so the first decade of the third millennium started with 2001 and will end with 2010.

Don’t jump the gun.

“Mere technicality”? Most ignore the true construction of the calendar. In the same way, even though Sunday is listed as the first day of the week, many working people think of Monday as the week’s first day.

But hey: “Mere” shmere. I don’t have a Best of the Decade list for you, and I’ll take what excuse I can find.

Besides, wouldn’t it be good to have another year to come up with something really great for our Top Ten Best of the Decade list? 

For instance: Could 2010 be the year citizens themselves took control and corrected course?

This is Common Sense. I’m Paul Jacob.

Categories
Common Sense education and schooling First Amendment rights

No More Cruel and Unusual?

In recent years there’s been a spate of so-​called “zero tolerance” policies — actually, zero common sense policies — in our schools, especially after Columbine and 9/​11.

Last October in Delaware, six-​year-​old Zachary Christie faced 45 days of reform school for bringing a camping utensil to lunch. The gizmo combined a knife, fork and spoon. There was no evidence of evil intention. But the school thought their zero common sense policy against weapons had been violated. After a public outcry, the draconian punishment was dropped. The local school board modified some of its rules, though only for kindergartners and first-graders.

In Florida, lawmakers recently revised zero common sense policies statewide in hopes that only students who pose a genuine threat get expelled or arrested.

Hurray for any glimmer of a return to common sense. But why all these policies to begin with? Why instruct educators anywhere to respond maniacally to meaningless deviationism? 

Maybe common sense and conscience are often the same thing.

Imagine if jay walking, littering and talking too loud in elevators were punished in comparably cruel and unusual fashion. Imagine judges and prosecutors always claiming they can’t distinguish between trivia and real crime — so better respond to both with equal force. Would we not accuse such meters-​out of injustice of crimes of their own?

This is Common Sense. I’m Paul Jacob.

Categories
Common Sense

Thanksgiving 2009

Paul Jacob says “Thank You”

What a difference a year makes. As I sit down to my Thanksgiving Day feast, that’s what I’m thinking.

And I certainly know I have a whole lot to be thankful for.

Let me start by thanking you. For caring about freedom and justice. For your critical support for this Common Sense program and for the Citizens in Charge Foundation — the nation’s only organization with the express purpose of defending the initiative and referendum rights of Americans.

Last year at this time, I still faced Oklahoma Attorney General Drew Edmondson’s politically-​motivated persecution. I’ll never forget seeing the fear in the face of my then 9‑year old daughter as I left for a trip to Oklahoma. That certainly wasn’t the America we know and love.

This year, as we enjoy Thanksgiving and prepare for the Christmas season, Lillie is wondering which Nintendo DS game she might score from Santa — not about her father being imprisoned 1,000 miles away from home.

As you know, the charges — that had threatened me with ten years in prison and a $25,000 fine —were dismissed many months ago. We won. The court even ordered that the indictment itself be expunged from the record.

Yet, without the good work of so many people, from across the country and across the political spectrum, folks who helped me pay for my legal defense and who roared their disapproval online, on the airwaves, in print and in person to raise public awareness to the story of the Oklahoma‑3, the ugly cloud of an indictment would likely still be hanging over our heads.

Oh, sure, we would have ultimately prevailed in court. We were innocent. But with Oklahoma’s Attorney General delaying at every turn, it might have taken several more years to ever get our day in court.

What made the difference? The AG had felt the sting of public attention. Oklahomans — and Americans everywhere — successfully focused their revulsion on him, and against his attack on us and on initiative rights.

Thank you for coming to the rescue. Thanks for helping protect my rights, as well as the rights of Oklahomans — and yours.

This year saw more than freedom and vindication for the Oklahoma‑3. We gained a bigger victory, too: Dramatic reform for Oklahoma’s petition process. First, the state’s residency law was struck down in federal court as a violation of the First Amendment. Then, three important bills were passed through the state legislature to open up the nation’s toughest petition process.

For the first time in decades, a legislature enacted real reforms to enable citizens to use the initiative process, instead of passing restrictions designed to cripple its use.

How did it happen?

The prosecution of the Oklahoma 3 certainly galvanized a number of activists. But had there not been aggressive efforts to organize and mobilize supporters, the energy and urgency created by such an outrageous prosecution would have dissipated.

In November of last year, Citizens in Charge Foundation helped Oklahomans for Initiative Rights put on a Saturday forum in Oklahoma City to discuss Oklahoma’s initiative process and ways to reform it. Hoping to fill a meeting room for 35 to 40 people, over 100 people overflowed the room.

We then worked with two legislators, Sen. Randy Brogdon (now running for governor) and Rep. Randy Terrill, to help them propose legislation to (a) increase the time citizens have to gather petitions, (b) reform the process so that challenges to petition language come before and not after all the signatures are collected, and (c) lower the state’s onerous petition requirement.

A number of great Oklahomans and super organizations, most notably Oklahomans for Responsible Government and Oklahomans for Initiative Rights, came together to push these bills. They lobbied day after day in the capitol as well as launching a 70-​city tour of the state to mobilize grassroots support.

Not surprising, hard work leads to success. But best of all, our Citizens in Charge campaign has spread far beyond Oklahoma — it’s all across the country.

We helped pass legislation in Virginia to protect petitioners from arbitrary judicial abuse, we worked to form broad-​based coalitions in 14 states that in turn were able to stop a number of anti-​initiative bills and, just weeks ago, I traveled throughout California to begin organizing groups there. Across the country, we face concerted attacks against the right of citizens to be heard.

The old saying is true: All that is necessary for evil to triumph is for good people to do nothing. Thank you for being a good person doing so much to help put citizens in charge. Where we get organized, when we stand up to fight, we citizens are able to battle back and win against entrenched special interests and power politics.

At Citizens in Charge Foundation, we’re re-​doubling our national efforts to organize and mobilize grassroots Americans to protect initiative rights and insure that citizens are in charge. To continue to protect and defend the freedom for which we are so thankful today.

Your support — your contributions and your activism — made this year’s victories possible. On behalf of my family and myself, please accept my deepest appreciation. Have a great Thanksgiving.

Sincerely,

Paul Jacob

PAUL JACOB
President, Citizens in Charge Foundation

P.S. I can’t wait until next year. Let us at ’em! Citizens in Charge Foundation has an aggressive campaign to defend the initiative process across the country and to turn the tide on the politicians and special interests in 2010. They seek to block us from checking government power. But we shall block them — through ballot initiatives and referendums and recalls.  With your continued support, we’ll take names and … put citizens back in charge.

Categories
Common Sense

What Would Dixon Do?

Maybe it’s just me … and all other normal people. But I’m more worried about policemen who abuse authority than those too “culturally insensitive” in their cheerful greetings.

Yes, that’s the latest crisis: Bobbies who say “Good evenin’ all” as they walk the beat.

Or so says a police manual published in the English county of Warwickshire. The manual claims that this greeting is culturally confusing. Even if the beloved Dixon of Dixon of Dock Green, Britain’s long-​running answer to The Andy Griffith Show, always opened with just those genial words.

A police spokesman explains that “‘afternoon’ and ‘evening’ are somewhat subjective in meaning.… In many cultures the term evening is linked to time of day when people have their main meal of the day.”

Someone’s gotta respond to this kind of concocted quandary, and a woman named Marie Clair of a group called the Plain English Campaign has taken on the chore. She asks: “Is anyone really going to be confused by [the word] ‘evening’? And if you can’t say what a lovely afternoon it is, what are you meant to say — what a lovely 3 PM?”

Other British agencies are targeting harmless words like “child” and “youngster.”

So, crime may be raging in the sceptered isle, but at least the bureaucratic monitors of politesse are bravely battling “insensitive” clarity and good will.

This is Common Sense. I’m Paul Jacob.