Tag: amendment

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ideological culture judiciary national politics & policies U.S. Constitution

Packing Unpacked

Supreme Court, Justice, court packing

The “court packing” notion that progressives itch to implement has obvious flaws — which have been addressed (but not settled) in the recent report of the Presidential Commission on the Supreme Court of the United States, initiated by the Biden Administration last April. 

The report, just out, did not give progressives what they want. “Opponents contend that expanding — or ‘packing’ — the Court would significantly diminish its independence and legitimacy and establish a dangerous precedent that could be used by any future political force as a means of pressuring or intimidating the Court. The Commission takes no position on the validity or strength of these claims.” 

Not a few Democrats wanted the Commission to take a very negative position on those claims. Democrats currently maintain a shaky hold on power in the Legislative and Executive branches. Had the Commission given them the green-​light to push progressives onto the Court — to overwhelm the current “conservative” majority — they might have consolidated power.

The report is inconvenient for that political move — as is Associate Justice Stephen Breyer’s opposition. Damon Root, at Reason, summarizes Breyer’s case: “It is a tit-​for-​tat race to the bottom. One party expands the size of the bench for nakedly partisan purposes, so the other party does the same (or worse) as soon as it gets the chance.” Breyer fears that court-​packing would undermine Court authority, and liberalism itself would suffer.

By “liberalism” I take Breyer to mean the order that is defined by the Constitution itself: separation of powers, basic rights, citizen control of government. And there is a way to save this kind of “liberalism”: fix the size of the Supreme Court in the Constitution.

The very opposite of court packing.

This is Common Sense. I’m Paul Jacob.

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Categories
ideological culture term limits

Hating the Senate

House, Democrat, John Dingell

The longest-​serving politician in Congress — ever — thinks he has the perfect reform to put American government back on track.

Former House Democrat John Dingell wants to abolish the Senate.

According to him, the United States should go unicameral.

The ancient bicameral tradition — which goes back to Sumer — is so old hat. He thinks that, these days, “in a nation of more than 325 million and 37 additional states, not only is that structure antiquated, it’s downright dangerous.”

Dangerous? Well, he has always hated the Senate. He sees it as a place where “good bills go to die.”

His new book explains this at length, but I confess: it would go against my principles to put any money into that man’s pocket by buying The Dean: The Best Seat in the House (2018). He almost personifies everything I’m against. His very career is an atrocity. In 1955, John Jr. took over the House seat from his father, a 22-​year incumbent, and then six decades later, in 2015, basically bestowed it on his wife.

That’s 86 years and counting.

How many times did he swear to uphold the Constitution? And yet he doesn’t seem to understand that Article V, governing the amendment process, establishes one specific limitation: “no state, without its consent, shall be deprived of its equal suffrage in the Senate.”

Jettisoning the U.S. Senate would seem to be such a deprivation.

The opposite of this Dingelldorf reform would be more in keeping with the spirit of our system: term limits.

To keep anything like a John Dingell Sixty-​year Stretch from ever occurring again.

This is Common Sense. I’m Paul Jacob.

 

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Photo credit: University of Michigan

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Categories
general freedom initiative, referendum, and recall local leaders nannyism political challengers Regulating Protest

Delivering a Double Standard

Ohio, initiative, voting, election, ballot, legislature, democracy, amendment, constitution

Former State Representative Matt Lynch got right to the point in his Cleveland Plain Dealer op-​ed: “The people’s right to amend the Ohio Constitution through the ballot initiative is under attack.”

Created by the Ohio Legislature to consider constitutional amendments, the Ohio Constitutional Modernization Commission (OCMC) has a hidden purpose: provide cover for that same legislative body. As Lynch aptly notes, the OCMC “is filled with politicians and lobbyists. Thus, commission recommendations must be scrutinized for fidelity to the public good versus the special interests of political insiders.”

This Thursday at the capitol in Columbus, OCMC will consider whether to recommend that state legislators propose an amendment to the state constitution to make future amendments more difficult. That’s an awfully bad idea in itself. But, bizarrely, the greater difficulty would depend entirely on who proposes the amendment.

The working OCMC recommendation makes no change to the legislature’s ability to propose and pass constitutional amendments. What it would do is make it tougher for citizen-initiated amendments. Most unhelpfully, the recommendation would require only citizen-​proposed amendments to garner a supermajority of 55 percent of the vote. 

Consequence? Suppose a measure proposed by citizens — term limits, ethics reform, government transparency — was massively outspent by powerful interests, and yet still won 54.9 percent of the vote. It would lose.

Yes, the 45.1 percent of voters would defeat the 54.9 percent of voters.

Call it “New Math.”

The very same issue proposed by legislators would win … and be added to the state constitution.

“The double standards are breathtaking,” writes Lynch,* adding, “and no other state has such unfair rules.”

This is Common Sense. I’m Paul Jacob.

 

* Sunday at Townhall, I also discussed this double standard. And the word may be getting out. Townhall always adorns my column with a photograph — this time featuring Ohio Attorney General Mike DeWine, also a Republican candidate for governor in 2018. DeWine’s campaign objected to being pictured, arguing they have no involvement with the OCMC. DeWine’s picture has been removed.

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Categories
Accountability incumbents initiative, referendum, and recall nannyism national politics & policies

Colorado’s Problematic Solution

Colorado, initiative, amendment, 71, incumbents, illustration

There’s a problem in Colorado, or so we’re told. And a solution. But the one doesn’t seem to match the other.

The problem, according to the supporters of Amendment 71, is too many constitutional amendments.

Their solution? Pass another constitutional amendment.

Moreover, even though two-​thirds of constitutional changes have been proposed by legislators, not by citizen initiative, Amendment 71 makes it much tougher for citizens to propose amendments, while not altering the legislature’s power.

Maybe that’s because their committee, Rig the Bar … er, Raise the Bar, is a bipartisan group of politicians and political insiders. Their amendment would (1) increase the vote required to pass a constitutional amendment to a 55 percent supermajority, and (2) mandate that citizens qualify petitions statewide, as currently required, but also in each of the 35 state senate districts.

This means that to get an issue on the ballot citizens must successfully run 36 petition drives, not just one. And falling short in any single senate district would doom an entire effort. In short, future citizen initiatives would be much more expensive and likely to fail.

Meanwhile, the supermajority vote threshold provides well-​heeled special interests with an ability to win even when they lose. Expect the powers-​that-​be to beat up reform measures with negative ads, knowing that simply by holding YES votes down to 54.9 percent, the establishment wins.

In a recent debate, Elena Nunez with Common Cause explained, “The problem with Amendment 71 is it’s designed to allow the wealthiest special interests in the state to act as a gate-​keeper, because the cost of initiatives will go up dramatically.”

This Special Interest Protection Act sure is a problematic solution.

This is Common Sense. I’m Paul Jacob.

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Colorado, initiative, amendment, 71, incumbents, illustration

 

Categories
Common Sense general freedom national politics & policies too much government

Forget Frankenstein

Import Export

Some proposals are so shocking and not common that, no matter how rational or sensible, we cannot legitimately call them “common sense.”

Could this be one?

You tell me.

Congress is right now struggling to pass a highway funding bill. Authorized funding by the federal government on roads ends with the passing of this month, July. So, blogs Scott Shackford at Reason, “the legislature has to pass something. Because the legislature has to pass something, people are trying to squeeze everything into it.”

And our illustrious president wants to revive the recently dead, the Export-​Import Bank. “When he was a senator, Barack Obama knew the program was nothing but corporate welfare,” writes Shackford. “But now as president, he has flip-​flopped and is trying to keep the institution alive.”

I don’t know if the prez will ultimately succeed, cajoling Congress to revive the monster by stuffing it into the roads bill, but at least “Sen. Marco Rubio has introduced an amendment to the highway bill that would kill the bank and unload its assets to the treasury.”

Go, Rubio! Getting rid of the Ex-​Im Bank is just anti-​crony common sense.

So what’s the “uncommon” sense? This out-​of-​the-​mainstream notion: We don’t need a federal transportation bill at all. It’s not as if states cannot secure funding for roads. (They already do.) Devolve the whole Interstate system back onto the states!

Radical? Maybe. But the federal government just spends and spends without much sense. Distribute the responsibility for roads to the states; let Congress figure out how to manage its remaining tasks.

For a change.

I think this is … Common Sense. I’m Paul Jacob.

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