Categories
initiative, referendum, and recall

Trading One Right for Another

Trades are not unheard of in politics, but somehow they rarely exhibit the up-​front honesty and clarity of the trades that make up the bulk of our economic life. When I go to the super-​market, or the record store, or Wal-​Mart, I pretty much know what I’m getting and what I’m giving up.

Not so clear, though, in politics.

Take Arizona’s “Hunting and Fishing Amendment,” Proposition 109 on this November’s ballot. Much has been made of the first element of the ballot’s title, establishing a “constitutional right” to hunt and fish. Outdoorsmen love it.

But a second element gives to the state legislature “Exclusive authority” to regulate hunting and fishing, which may grant regulatory power to various wildlife commissions.

It basically disallows Arizona’s citizens from future influence through the initiative and referendum. That’s what citizens trade away for the first part. Citizens get a “right” to hunt and fish “lawfully,” a right they already have, but give up their current rights to influence what that “lawfully” means, via the ballot.

Prop 109 also declares that hunting and fishing would be the preferred means of controlling wildlife, and it says that “no law shall be enacted” that “unreasonably restricts” hunting and fishing, etc. 

Of course, constitutions can say “no law” all they want. History shows legislatures don’t abide by that prohibition. Neither do courts.

Just read the First Amendment to the U.S. Constitution, and consider … and cringe.

This is Common Sense. I’m Paul Jacob.

Categories
First Amendment rights national politics & policies too much government

Idealism or Brute Power Play?

Senator John McCain and other politicians advocate violating your right to contribute as much as you want to the political candidates you support. They also advocate violating your right to speak as much as you want, either positively or negatively, about a candidate.

Do they support these repressive doctrines out of misguided idealism, or misguided pragmatic politics? Doubtless the answer depends on the individual. But McCain certainly acts as if today’s confusing welter of campaign finance regulation best serves as a very convenient club to beat an upstart challenger over the head and shoulders.

McCain faces a tough primary. His conservative challenger, J.D. Hayworth, a former congressman, is also a radio talk show host. Or at least he was until buddies of the senator began yelping to the Federal Election Commission. See, Hayworth attacked McCain on his show, which supposedly makes his show a form of “political advertising.” As a result of this pressure, Hayworth and the station agreed to take the show off the air. 

Jason Rose, who works with Hayworth, calls what happened a “political mugging.” Sounds right to me.

McCain is on record endorsing what his friends did here. So … Hayworth can say anything he wants to — à la the First Amendment — unless it’s a criticism of McCain. 

Funny how the framers failed to stipulate this when they were putting together the Constitution and that First Amendment.

This is Common Sense. I’m Paul Jacob.

Categories
free trade & free markets initiative, referendum, and recall too much government

Thou Shalt Not Mess Up Health Care

Last year, in Arizona, a narrow defeat for Proposition 101, the Freedom of Choice in Health Care Initiative, didn’t leave its core ideas dead, or even zombie-like.

The measure’s defeat by a mere 8,111 votes didn’t seem insurmountable. After all, opponents of the measure had made hysterical claims against it, and the thinking among supporters quickly became: A little more education.

A few weeks ago, the Arizona legislature repackaged the measure’s basic ideas as the Arizona Health Insurance Reform Amendment and set it for a vote of the people next November.

The new measure accommodates some worries and criticism of the previous measure. But the core message remains. The first plank states that “a law or rule shall not compel, directly or indirectly, any person, employer or health care provider to participate in any health care system.” 

The second plank says that no one shall be fined for paying — or accepting payments — for otherwise lawful health care services.

There are a lot of politicians out there, right now, who insist that “fixing health care” means “increasing government,” including pushing and shoving people into plans, or regulating the manner of payments so to encourage the use of government plans.

If this Arizona measure passes, or similar measures in other states do, a new idea will enter the national health care debate: Freedom.

This is Common Sense. I’m Paul Jacob.