Categories
initiative, referendum, and recall

But Not ‘By’ the People

Our ability to vote directly on the chief issues of our time is a vital political power, a right. I think so, and most Americans agree.

But for some reason some of those elected to “represent” us don’t.

Last year, Missouri State Rep. Mike Parson introduced legislation to restrict petitioning to place initiatives on the ballot. Parson himself admitted that there might be unconstitutional parts to his bill. Thankfully, it failed.

Now, this year, he’s back. Parson wants to double the number of petition signatures citizens must gather to place an issue on the ballot. Presently, citizens turn in more than 200,000 signatures to meet the state’s requirement. Parson wants to make that 400,000.

Why? Did voters really elect Mike Parson to block them from having a say-so in their own government?

In Nebraska, Citizens in Charge is suing to overturn unconstitutional restrictions on the initiative process. Amy Miller with the ACLU, which is handling the case, said, “It’s hard not to see the restrictions as a deliberate effort on the part of legislators to keep independent candidates and grassroots initiatives off the ballot.”

Now Nebraska State Senator Bill Avery has introduced legislation to further increase the signature requirement for a constitutional amendment by 50 percent.

It all makes me realize how important it is to have a process whereby we citizens can overrule our so-called representatives.

This is Common Sense. I’m Paul Jacob.

Categories
free trade & free markets general freedom too much government U.S. Constitution

Know Your Rights

For years, politicians and activists have declared that we have a right to medical care. Not a right to freely contract for medical services, mind you, but a fundamental right to medical care.

This assertion serves as the moral force behind those pushing for nationalized, universal health care legislation. But can medical care really be a basic right?

Well, it’s nowhere to be found in the Constitution or the Bill of Rights.

Should it be?

Again, no.

Rights cannot involve requiring others to provide a product or service to us. We can’t simply demand, with talk of rights, the expertise and labor of doctors, nurses and other healthcare workers. Why? Because they possess the same rights we possess, in particular, the right not to be enslaved.

Watching the 2,000-page health care bill plod through the congressional sausage factory, the fraudulent nature of this “right to medical care” claim becomes painfully obvious. We’re not getting a new right from the deal. Instead, politicians are slapping us with a new mandate, forcing us to fork over our hard-earned money to health insurance companies.

If our right to freedom of speech worked this way, the First Amendment would mandate that we buy a local newspaper and sign up for cable TV or XM Radio. The Second Amendment would force us to own a gun and pay dues to the NRA.

This is Common Sense. I’m Paul Jacob.

Categories
First Amendment rights general freedom too much government

Googling and Snuggling No More?

After years of abetting Chinese censorship, Google may finally take a stand. The world leader in Internet search may no longer be willing to help impose the Red regime’s repressive measures. The last straw? A cyber attack on Google that originated in China and targeted email accounts of Chinese dissidents. Other companies were also attacked.

In recent decades, China has loosened controls on its economy. But it is loath to permit any significant scraps of civil liberty as well, like the right to speak out freely in criticism of the government.

China lets the Internet function within its borders. But it also erects firewalls, filters and other restrictions to block or limit access to various corners of cyberspace. For years, Google has cravenly played along, preventing phrases like “Tiananmen Square massacre” from being searched on the Chinese version of its search engine.

Google officers have long squirmed over their hypocritical willingness to “do evil.” Now a Google lawyer says the company is “no longer willing to continue censoring our results. . . .” They’re taking a few weeks to mull their next move. But they say they’ll leave China altogether if its government won’t agree to let Google’s search engine function freely.

China’s rulers won’t agree; so I hope Google does what it says it will do. Some things one should just not collaborate with. Tyranny is at the top of the list.

This is Common Sense. I’m Paul Jacob.

Categories
too much government

Where to Cut, and How

State and local governments have been hard hit by the current depression. What to do?

Cut.

But where?

Well, legislatures could simply repeal all increases and programs starting with the most recent, going back month by month, year by year to nix spending until total spending dips below current revenue. Legislatures around the country should go into sessions of repeal.

Or they could target endemic over-spending. According to a January Cato Institute Tax & Budget Bulletin, one area of over-spending in need of tackling is “Employee Compensation in State and Local Governments.”

According to the bulletin’s author, Chris Edwards, there are several distinct indicators that demonstrate that government workers are generally overpaid.

Comparisons of compensation between state and local workers and private sector workers show a 1.45 ratio, with government workers garnering nearly half again as much as private sector workers.

The percentage of government employees to receive benefit packages over salary is also significantly higher than private sector laborers.

Further, Edwards notes, “data show that the average quit rate in the state and local workforce is just one-third the rate in the private sector. This suggests that state and local pay is higher than needed to attract qualified workers.”

So, rational employers — that is, the citizenry — would start there, first by freezing wages and new hires, then by decreasing benefits and reining in profligate promises in retirement packages.

This is Common Sense. I’m Paul Jacob.

Categories
First Amendment rights

We Protest

You don’t need to commit violence to conduct a large, effective public protest of perceived injustice. The many Tea Party demonstrations against our federal government’s latest socialist excesses prove that.

But what if violent and nonviolent protests are equated in the minds of peace keepers?

In Reason magazine, journalist Radly Balko reports on several disturbing examples of crackdowns of persons assembled in a public place. In one incident, motivated by the occasionally violent protests of last fall’s G-20 summit in Pittsburgh, police ordered students gathered in public to disperse forthwith, though they had broken no laws. Anyone who moved too slowly was subject to arrest. Apparently, a few violent protesters hit town for the summit, but they were a distinct minority.

Balko isn’t impressed by a university official’s claim that the gatherings had to be busted up because of the “potential” for trouble. That’s a dangerous standard to apply to peaceful assembly that is not only constitutionally protected but also an important bulwark against tyranny.

Police can make honest mistakes like anybody else, especially when in charged and confusing situations. No doubt there’s sometimes a fuzzy line between a peaceful if rowdy protest and one that’s turning violent. But Balko suggests that police are increasingly harassing and handcuffing people only because they are peacefully dissenting.

Not only is that not right, it demands protest.

This is Common Sense. I’m Paul Jacob.

Categories
property rights

Domain of Eminent Irony

You reap what you sow.

That’s the lesson being taught to developers in Ozark, Missouri. A few years ago, a company called Hagerman New Urbanism benefited from Ozark’s use of eminent domain power to trample on the property rights of local citizens. The city shoved residents off their property. Hagerman got the stolen land.

But Ozark is unhappy with the progress of redevelopment. The city wants to pull the plug and give the land to somebody else. How can they, though? After all, Hagerman now “owns” the land. Right? Yeah, right.

The parties are in court fighting about whether the city owes money for the work done so far and other contractual matters. But judicial processes are long-winded and messy. And spending money is expensive. So the city is threatening to use eminent domain yet again. This time against the very developer who benefited from the first land looting.

Local activists like Jane Carpenter, who fought the original use of eminent domain, may appreciate the poetic justice here. But as a matter of principle they don’t support a new eminent domain grab. They say it would signal to businesses thinking of coming to Ozark to stay the heck away.

Good points. Still, I doubt that many folks in Ozark or elsewhere would shed any tears over Hagerman being forced to glug down its own poisonous medicine.

This is Common Sense. I’m Paul Jacob.

Categories
judiciary responsibility

Pump Down the Volume

Can somebody sue you for making something wonderful that might hurt somebody else who uses your product carelessly?

Of course. This is America, land of the Bill of Rights, mom, apple pie, Chevrolet . . . and outrageous litigation.

Some suits are sound, sure. But, on top of those you’ve got your money-grubbing frivolous actions, pushed by freeloaders and fronted by freebooters, er, lawyers. But at least these folks don’t always win. That’s where I’ve got some good news to pass along: A federal court has slapped down ludicrous litigation against Apple Computer.

Apple makes the popular iPod media player. Litigants Joseph Birdsong and Bruce Waggoner alleged that Apple is culpable for “possible hearing loss” resulting from iPod use, thanks to allegedly improper earbud design.

Birdsong and Waggoner don’t assert that their own eardrums had burst, or even that the ears of others had suffered. In fact, the ruling against them notes: “At most, the plaintiffs plead a potential risk of hearing loss. . . .”

Obviously, when your own careless conduct causes you harm, you alone are responsible. Turn  your stereo volume to the max and press your ear against stereo speakers. It isn’t the stereo maker’s fault when your eardrums pop.

By the way, iPods also have volume control.

This is Common Sense. I’m Paul Jacob.

Categories
government transparency

Grading the President

Barack Obama promised a new era of government transparency. He even pledged a fully transparent congressional debate on health care reform, telling us repeatedly that the negotiations would be televised on C-Span.

Now in power, he’s forgotten that tune. But of course, that’s not up to him. It’s up to Senate Majority Leader Harry Reid and Speaker Nancy Pelosi. Last week, she laughed at such transparency.

But Clint Hendler of the Columbia Journalism Review has graded the president for what he — not Pelosi or Reid — can deliver on transparency. Regarding state secrets, Hendler gives Obama a “D.” With Freedom of Information Act requests the administration has done better: Mark it a “B.”

I’ve talked before about problems with the recovery.gov website. But what about data.gov? By the end of the month there should be some meat on that site’s database bones, but a lot more work will remain. Call it a “D-plus.”

Hendler gives an “F” to the White House’s routine — and utterly opaque — practice of concocting off-the-record background briefings. An “A-minus,” though, goes for White House visitor records . . . despite a refusal to issue lists of visitors in the administration’s first seven months. Further, the White House reserves its right to hold back this info at any time.

The president’s grades sure aren’t that of an overachiever. Maybe he needs a tutor.

This is Common Sense. I’m Paul Jacob.

Categories
property rights too much government

Bitterroot Water Ruling

“Frankly, I’m an Obama guy . . . You hear these sort-of horror stories about the government is gonna take your property, or they’re gonna confiscate your ground, and I always thought it was some sort of libertarian gobbledy-gook. But in this case this is exactly what’s happening.”

That was Huey Lewis; this is the news: The Mitchell Slough, in the Bitterroots of Montana, is a century-old irrigation ditch. Newcomers to the area, including rocker Huey Lewis, worked on the slough to make it better for fish. Though farmers were at first skeptical, the redigging and unsilting made the slough better for agriculture as well as for fish.

But those fish are valuable. Other folks covet them.

In Montana, natural water bodies must be accessible to the public. So the recreation lobby took the slough’s owners to court.

At first, the historical facts of this man-made water system held sway. But the Montana State Supreme Court overturned all this, caving in to the intense political pressure to open up the slough to public access.

People with fishing rods may rejoice now, but their victory will be Pyrrhic. The fish and wildlife will degrade. Basically, Montana’s highest court unleashed what is called the “tragedy of the commons.” Public access of a common resource often leads to overuse, in this case, over-fishing. It’s sad news for Huey Lewis, farmers, fishermen . . . and fish.

This is Common Sense. I’m Paul Jacob.

Categories
general freedom national politics & policies

The War on Terror Lumbers On

Umar Farouk Abdulmutallab tried to blow up himself and 277 other people on Flight 253 to Detroit Christmas Day. Fellow passengers subdued and disarmed him.

Lessons? Start with the obvious: There are still terrorists in other countries who want to hurt us.

Some will say that we must beef up security. But consider: America’s security state, which has been in alleged high gear (or some bright color) since 2001, has already been beefed up. And yet, once again, this security broke down.

It could be that preventing violence is just not that easy to do. If you have determined enemies who spring up in unexpected quarters, it’s really hard for government to stop them.

Herbert Spencer, a 19th century sociologist, explained it this way: “The law-made instrumentality lumbers on under all varieties of circumstances at its habitual rate. By its very nature it is fitted only for average requirements, and inevitably fails under unusual requirements.”

We cannot expect government to always foresee dangers. We cannot even rely on government to transmit warnings of a specific terrorist from one department to another, and do something about it.

I’m not saying we should expect nothing of government. Just don’t expect too much.

All hope is not lost, however. We have each other. From the heroism of

Flight 93 on 9.11 to this Christmas Day incident, passengers have shown they’re not powerless.

This is Common Sense. I’m Paul Jacob.