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Common Sense

Legislating Chaos

Someone once said, “No man’s life, liberty or property is safe while the legislature is in session.” Now the people of Oregon are beginning to see just how far their politicians will go to serve themselves at public expense.

Top of the list: Kill term limits. But these honorables know that 70 percent of their voters want term limits. They don’t want to appear too self-serving. So, Oregon’s career politicians are trying what they think is a brilliant idea: use the courts to overturn the law. You see, Oregon judges have recently been rewriting the initiative laws to block measures opposed by politicians but passed by voters. These rulings have made it possible for Oregon judges to strike down almost any constitutional amendment.

Legislators, who could have clarified the judicial haze, are instead exploiting it. They suspended their usual legislative business to pass a new bill designed for only one purpose: to allow an immediate lawsuit against the voters of Oregon over term limits. Just recently, a judge played along, striking down the term limits amendment, saying that congressional term limits and state legislative term limits were not, “closely related” enough to pass muster. Just one problem: that same ex post facto legal reasoning would also scuttle as many as 40 other constitutional amendments. Let’s hope the Oregon Supreme Court will end the insanity.

But, at least now we know that career politicians are happy to legislate their state governments into chaos, if that’s what it takes for them to stay in power. Quite a case for term limits, eh?

This is Common Sense. I’m Paul Jacob.

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Common Sense

Burn the Pork

Are you a fan of the ancient Greek and Roman gods? No doubt lots of folks think they’re nifty . . . even Hephaestus, the fire god, known to the Romans as Vulcan.

But does your affection for the god of fire mean that we should want the nation’s taxpayers to spend $3.5 million to clean up a statue of Vulcan out in Birmingham, Alabama? I mean, couldn’t the folks out in Birmingham handle it themselves with a bucket of water and some good rust remover? Okay if it’s a large statue, maybe lots of water and rust remover? It just seems to me this is a local job.

I’m not the biggest fan of Senator John McCain and his idea of campaign finance reform. His idea of making electoral politics more equitable is to hobble free speech and hamper electoral competition. The Senator has the wrong solution for a very real problem . . . the problem of pork.

But, he’s right about the pork. It was McCain who tried to stop federal funding to scrub down the statue of Vulcan. His effort has been dubbed “symbolic” because “only” a few million dollars were in play. McCain’s staff had identified some 24 pages of alleged pork in the appropriations for the Department of Interior alone. But even the amendment to stop this one symbolic slice of bacon got clobbered by a vote of 87 to 12. So, that’s at least 87 mutually back-scratching senators who think they’re entitled to splurge taxpayer dollars on their district, at your expense and mine. Vulcan, have I got a job for you.

This is Common Sense. I’m Paul Jacob.

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Common Sense

Breathing Freely

Ah, freedom . . . In his great pamphlet, Common Sense , published in 1776, Thomas Paine wrote, “Freedom hath been hunted ’round the globe. Asia and Africa have long expelled her. Europe regards her like a stranger, and England hath given her warning to depart. O! receive the fugitive, and prepare in time an asylum for mankind.” It was Tom Paine’s dream that America would be a home for all those throughout the world who loved freedom. And Paine’s dream has come true.

In fact, it came true again recently for Chinese citizen Gao Zhan. She’s a scholar and a permanent resident of the U.S. She, her husband and their five-year-old son were detained in China in February after visiting their parents. Her husband and son are U.S. citizens and were soon released. But Gao was held for five months, ultimately convicted by a Chinese court and sentenced to 10 years in prison for espionage. Finally, due to pressure from the U.S. she was released.

Upon her arrival back in America, Gao told reporters: “Before I departed Beijing, I was warned not to talk about anything. Not to talk about my time, my experience in China, in any form . . . But with America standing behind me . . . I’m not scared. Here,” she said, “I can breathe freely, and now speak freely.” I hope America will always welcome those who, like Gao, love freedom. As it says on the Statue of Liberty: “Give us your tired, your poor, your huddled masses yearning to breathe free.” Yes, that’s our land, our country! And let’s keep it that way.

This is Common Sense. I’m Paul Jacob.

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Common Sense

Things Happen

Even the IRS can make mistakes. Just look at the historical record. Sometimes the IRS confiscates property they really should not have confiscated. Sometimes the IRS deprives people of constitutional rights they really should not have deprived people of. Sometimes the IRS intimidates and terrifies people they really should not have intimidated and terrified. But hey, everybody’s human. Even out-of-control government agencies exempt from the constitutional constraints that are supposed to guide everybody else in government can make mistakes. So don’t blame the IRS for periodically trampling the rights of innocent taxpayers. That’s their job. And it’s easy to screw up when you don’t have to worry about being held accountable for your screw-ups. The IRS has finally gone too far, though.

Instructed by Congress to send tax rebates to some 112 million Americans, the agency decided it would be good to mail notices in advance of the checks, to explain that a check is on the way. Many have wondered why the explanation could not have been sent with the check. Yet, how else could the IRS have gratuitously spent millions of taxpayer dollars on an unnecessary mailing? But now it turns out that 523,000 of those unnecessary notices gave the wrong information, telling 523,000 taxpayers that they’ll get back more money than they actually will get. The check itself is accurate, but the announcement about the check is not. So now 523,000 corrections must be distributed. But don’t worry if you happen to be one of those misinformed people. The announcement about the announcement is in the mail.

This is Common Sense. I’m Paul Jacob.

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Common Sense

The Condit Factor

Here’s a question they could use on “Who Wants to Be a Millionaire?” See how you do with it. The question is: What are the chances that a congressional incumbent, who has been in office for more than two terms, will be reelected if he runs again for office? A) Not a chance, B) Fifty-fifty, C) Between 80 and 90 percent, or D) Between 99 and 100 percent. If you have to use a lifeline, you haven’t been paying attention to the last four hundred installments of “Common Sense.”

The answer is D, between 99 and 100 percent. Sure, once in a while an incumbent Senator might get knocked out of office. But it’s rare indeed for a member of the House to lose in his district. And it is especially rare after the incumbent has survived his freshman and sophomore terms in office. The advantages of incumbency are just too great. Some of us have argued that because of Congressman Gary Condit’s tap dancing with the police during the Chandra Levy missing-person investigation, the congressman should resign. So far, he shows no signs of doing that. If he does run again, he might or might not win. But the whole sordid mess reminds us once again that it really does take a big scandal to rattle the cage of congressional incumbency. Unless a representative retires, dies, gets squeezed out of power by redistricting, or lies to police about a missing person who might be dead, he has a permanent lock on power. If what we want is a healthy and competitive democracy, that’s not a situation we should accept.

This is Common Sense. I’m Paul Jacob.

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Common Sense

Thanks, Governor Joan

One of my favorite political leaders, former Kansas Governor Joan Finney, passed away recently. She was the first woman to be governor of Kansas. Though she had quite of a career in politics 16 years as Kansas state treasurer, 4 years as governor, Governor Finney believed in the people and always seemed much more comfortable among regular folks than among the state’s political elite.

In 1990, she surprised the entire political establishment by knocking off the incumbent governor in the Democratic primary. Then she bested the Republican in a strong Republican state. When asked why most of the state’s politicians and media didn’t see her upset victory coming, Finney said with her usual candor, “Legislators talk to each other and forget the people. The press, they talk to legislators.”

Joan Finney had a unique commitment to citizen-led government. She was a tireless champion of the initiative rights of citizens: the ability of voters to bypass their servants in the legislature and enact laws or constitutional amendments directly. Unfortunately, she wasn’t able to convince enough legislators to go along with her and actually establish that right in Kansas. Joan, a co-chair of the U.S. Term Limits Council, was one of the first political leaders to embrace term limits.

I was lucky to know Joan Finney personally. She was down-to-earth, genuine, not just another plastic politician. She had strong beliefs and she fought for those beliefs. She was a woman of her word and someone who trusted and respected the people. Thanks, Joan. We’ll miss you.

This is Common Sense. I’m Paul Jacob.

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Common Sense

Surrender on Pork

It’s called “pork”: The spending of our tax dollars for the special benefit of those folks well connected to our congressmen. And who is better connected to our congressmen than the congressmen themselves? In the end, the pork is really for their benefit, to help them get reelected by buying off powerful lobbies and taking credit for spending other people’s money. That’s why porkbarrel spending is so tough to stop. And sadly, the Bush Administration has already given up the fight.

Sure, when he announced his budget in April, the President vowed to cut pork in half as part of a “new way of doing business.” But Budget Director Mitch Daniels points out that even under Republican control of Congress, porkbarrel spending has “gotten out of hand.” Congressional requests for special earmarks to spend money on their pet home-district projects have more than tripled under a GOP-run House. Mitchell admits that recent efforts to curb such pork have met with little success. The biggest problem is his own party’s leadership in the Congress.

House Appropriation Committee director James Dyer, smugly says he’ll make a deal with the administration, namely, “if they do not direct money to politically popular programs then I will not direct money to politically popular programs.” A deal that stops politicians from using the U.S. Treasury as their reelection slush fund! Dyer knows none of the career politicians want that deal. And now Daniels says that while it may not be good government, pork is, in his words, “an acceptable cost of doing business.” Dear tax-paying listener: Is it acceptable to you?

This is Common Sense. I’m Paul Jacob.

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Common Sense

Snake Eyes

Las Vegas is a mecca for gamblers. But these days, you’re a gambler in that town just for saying the wrong thing at the wrong time. Worried about Columbine-type shootings, many officials have lost all sense of proportion when it comes to matters of security. An example is the boy that reporter Joe Schoenmann identifies only as “Joseph K.”

Joseph had told a girl, who had left him on hold for 15 minutes, that it’s “people like you who get on the Columbine lists.” For that single impatient remark made during a conversation on the phone while at home, Joseph was summoned to the principal’s office the next day, handcuffed, and arrested. Then he had to cool his heels in jail for ten days while his family wondered what was happening. Then he was expelled from school. Now, if some incidental remark seems disturbing, that might be worth looking into in order to find out whether there’s cause for alarm. But that’s not what happened here. Nobody sat down with this eighth-grader to ask, what did you mean by such-and-such? Nobody took his typical behavior into account. Instead they just came down on him like a ton of bricks. The Nevada legislature deserves a lot of the blame here.

According to the police, Joseph was defined as a “habitual disciplinary problem” because two years ago, the legislature officially defined that term to include anyone who makes even a single apparent threat. So even a kid like Joseph K., who makes good grades and has not been in trouble before, can be condemned as a habitual problem child. That’s a lousy gamble.

This is Common Sense. I’m Paul Jacob.

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Common Sense

Taxes in Tennessee

The career politicians are gnashing their teeth in Nashville. Why? Because they were unable to impose on Tennessee what one-term governor Lowell Weicker was able to foist on Connecticut: a state income tax.

There has been plenty of mumbling in the state legislature over the last few years about imposing this new tax. And plenty of protesting by Tennesseans who think they’re taxed more than enough already, thank you. Most of the protests have been peaceful. More recently, though, taxpayers were banging on the doors of the capitol and buttonholing legislators in the hallways. Crazy, huh? Mere citizens demanding to talk to legislators? That does sound pretty dangerous. Who do they think they are . . . lobbyists?

But you can sort of forgive the impetuosity. After all, Tennessee is a state, just like Connecticut, that does not have any statewide initiative and referendum process. So, it would have been impossible for voters to overturn a bad piece of legislation at the ballot box once their so-called representatives had passed it. State Senator David Fowler was working to place a referendum on the income tax on the ballot, but who knows whether he would have succeeded. Yet, he seems to think his gesture in this direction should have been enough to send people home. “People outside are protesting, not even knowing we were trying to find a way to give them a vote,” he told the press.

But Fowler is either terribly nave or more than a tad disingenuous. Would the senator have gone even this far in recognizing the rights of the voters without all their public protests over the last three years? I don’t think so.

This is Common Sense. I’m Paul Jacob.

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Common Sense

Taking Responsibility

Sick of hearing about Congressman Gary Condit? Just remember it can always get worse. Today’s subject is one we’d rather not talk about sexual abuse of children.

Two Maryland politicians have become embroiled in scandals involving sexual abuse. Part of the scandal is how others too often turn a blind eye. Alfred Muller had been mayor of Friendship Heights for 26 years until he was accused of molesting a 14-year-old boy in the restroom of the National Cathedral. First, seeking another term, he denied the charge. But then he plead guilty and stepped down. After babbling on about taking “full responsibility,” Muller was sentenced. How long will he serve for his crime? No jail time, just three years probation. Judge Shellie Bowers believes Muller paid for the crime with his public fall from grace, explaining, “As for the punishment aspect, I think there’s the humiliation, the disgrace, all of that.”

Or take the case of State Delegate Joan Cadden and her husband, who was convicted of the sexual abuse of his niece abuse his wife knew about but didn’t report to authorities. Seems the whole family, even the abused girl’s parents, put Delegate Cadden’s political career as first priority. State GOP Chairman Michael Steele says, “When you hear family members say they were trying to protect the delegate’s political career, that they turned a blind eye to the abuse because of political considerations, it gives you pause.” Yes, a great deal of pause . . .

This is Common Sense. I’m Paul Jacob.