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initiative, referendum, and recall judiciary term limits

The Fix Wasn’t In

Something totally unexpected — by me, at least — happened earlier this month in North Dakota. It concerned a citizen initiative to term-limit the Peace Garden State’s governor and state legislators.

Not unexpected, however, how often term limits measures meet resistance from long-serving politicians, judges, and officials.

Al Jaeger has been the Secretary of State in North Dakota for the last 30 years. This is Mr. Jaeger’s final term; at age 79, he’s not seeking re-election.

Back in February, Jared Hendrix and the North Dakota Term Limits committee submitted over 46,000 voter signatures on petitions to Jaeger’s office, enough to far surpass the 31,164 requirement to earn a spot on this November’s ballot.  

Yet, in March, Secretary Jaeger ruled that the petition fell far short of the requirement, throwing out over 15,000 otherwise valid signatures because the petitions were notarized by someone he “suspected” of fraud. Before making this public announcement, however, Jaeger had brought proponent Hendrix into his office and, along with the state’s attorney general, threatened criminal prosecutions unless he withdrew the petition.

Hendrix refused to cave. And with help from U.S. Term Limits, the North Dakota group challenged the secretary’s denial. Still, when a lower court judge agreed that Jaeger, with all his experience, could make such sweeping judgments to disqualify petitions, I feared the fix was in. 

But earlier this month, the surprise: the North Dakota Supreme Court ruled, unanimously, that Jaeger had misapplied the law and ordered the amendment placed on the ballot as Measure 1.

Yes. Misapplied. Deliberately?

Thankfully, the term limits amendment includes a provision to prevent itself, if passed, from being overturned except by another citizen initiative. 

We know how eager establishment politicians are to kill term limits by hook or by crook, mostly crook.

This is Common Sense. I’m Paul Jacob.


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Thought

Sheridan Le Fanu

There is no dealing with great sorrow as if it were under the control of our wills. It is a terrible phenomenon, whose laws we must study, and to whose conditions we must submit, if we would mitigate it.

Sheridan Le Fanu, Uncle Silas (1864).
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Today

Shays’ Constitution

On September 26, 1786, protestors shut down the court in Springfield, Massachusetts, beginning a military standoff and ushering in Shays’ Rebellion. This anti-tax revolt spurred a dramatic reaction on the part of the day’s politicians, including their attempts to reform the Articles of Confederation and to figure out better ways than high state taxes to pay off Revolutionary War debts. These efforts directly led to the adoption of a new Constitution.

§   Three years later, to the day, Thomas Jefferson was appointed the first United States Secretary of State, John Jay (pictured) was appointed the first Chief Justice of the United States, Samuel Osgood was appointed the first United States Postmaster General, and Edmund Randolph was appointed the first United States Attorney General — all under the new Constitution.

§   In 1960 on this date, John F. Kennedy and Richard M. Nixon engaged in the first televised presidential campaign debates.

§   September 26 is celebrated, by some who know history, as “Petrov Day,” after Stanislav Yevgrafovich Petrov, who on this day in 1983 may have saved civilization by resorting to hunch. While serving as a lieutenant colonel in the Soviet Air Defense Forces, he took the initiative to downgrade information from the USSR’s computerized early warning missile defense system that the United States had initiated a nuclear first strike against the Soviet Union. He interpreted the warning as a false alarm. His hunch was correct; the U.S. had not initiated a first strike: the data he had received was misleading. A later investigation determined it was the result of high altitutde cloud interference with a satelite view of a U.S. Air Force base. Petrov was not rewarded for his decision, however. His decision showed up the military higher-ups and scientists to have concocted an extremely faulty system, so a reward would also have required some sort of punishment. He retired soon after with a very, very small pension.

Petrov died on May 19, 2017.

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Thought

Murray Leinster

And the schools repeated, too, the one great lesson that humanity had genuinely learned. That the secret of peace is freedom, and the secret of freedom is to be able to move away from people with whom you do not agree.

Murray Leinster, The Forgotten Planet (1954).
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Today

Augsburg, Bill of Rights

On September 25, 1789, the U.S. Congress passed twelve amendments to the United States Constitution: the Congressional Apportionment Amendment (which was never ratified), the Congressional Compensation Amendment (which was later enacted as the Twenty-seventh Amendment), and the ten that are known as the Bill of Rights.

Earlier on that date, in 1555, the Peace of Augsburg was signed in Augsburg by Charles V and the princes of the Schmalkaldic League.

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Sir Karl Raimund Popper

A rationalist, as I use the word, is a man who attempts to reach decisions by argument and perhaps, in certain cases, by compromise, rather than by violence. He is a man who would rather be unsuccessful in convincing another man by argument than successful in crushing him by force, by intimidation and threats, or even by persuasive propaganda.

Karl Popper, “Utopia and Violence,” an address to Institut des Arts in Brussels, Belgium (1947), published in Conjectures and Refutations: The Growth of Scientific Knowledge (1963).
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Today

Judiciary Act

On September 24, 1789, the United States Congress passed the Judiciary Act, creating the office of the United States Attorney General and the federal judiciary system, and ordered the composition of the Supreme Court of the United States.

On the same day that President George Washington signed the bill into law, he officially nominated John Jay to the new position of Chief Justice of the Supreme Court. Jay (pictured in his official portrait, above) served in that position until 1795, when he resigned to take up his elected position as second governor of the State of New York. The Supreme Court heard only four cases during Jay’s Chief Justiceship; Jay refused to consult, officially, on legislation written by Alexander Hamilton, establishing the precedent that the Supreme Court has followed to this day: the Court would only rule on cases tried before it.

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folly general freedom ideological culture national politics & policies too much government

The Energy Trap

After the spectacular failures of the COVID response, “the experts” appear to be on a roll. That is, they are once again not “following the science” but being led by politics, ideology, and the madness of crowds.

The big issues right now demonstrating mass folly on a societal level? Aside from agriculture policy, trade, subsidy, banking and high finance, and “climate change,” the big one — not unrelated to most of the rest — is the power grid.

About which our leaders seem to be nuts.

What we know is the supply of “renewable energy” is nowhere near enough to meet the general demand for energy. California’s a great example, announcing “the end of fossil fuel-powered car sales by 2035” but sporting a power grid that is already unable to handle demand, which became bitterly funny when the Golden State asked citizens not to charge their electric cars during high-demand hot days.

US Power Grid Needs Trillions in Upgrades to Accommodate Renewable Energy Demands,” reads a recent Epoch Times feature.

Trillions.

It’s not as if America is rolling, like Uncle Scrooge, in trillion-dollar surpluses. As I type these words, the US Debt Clock shows the federal government quickly approaching $31 trillion in public debt.

So now we’ll need more trillions to keep the lights on?

Yes.

Our lives depend on electrical energy, our civilization runs on electricity, but our leaders have been painting us into a corner. Bad policies that hobble efficient fuel sources and pushing inefficient sources have set a trap.

And the only real way out of the trap is one politicians don’t like: admitting they were wrong and reversing their policies.

This is Common Sense. I’m Paul Jacob.


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