Tag: Arkansas

Categories
judiciary

Beardless in Arkansas

The United States Supreme Court has accepted a legal petition presented in an unusual manner: in handwritten form, without the benefit of any lawyer.

The case comes from a convict in the Arkansas State prison system, one Gregory Holt, “aka Abdul Malik Muhammad,” who wants to wear a beard while incarcerated, in accordance with his religion. The prison rules prohibit beards on hygiene and security grounds. Muhammad’s case is interesting. Questions include (and I quote)

  • Whether the Arkansas Department of Corrections’ no beard grooming policy violates the Religious Land Use and Institutionalized Persons Act 
  • Whether a 1/​2 inch beard would satisfy the security goals sought by the policy.
  • Whether the no beard grooming policy violates Petitioner’s First Amendment right to practice Islam as he believes it 

How will the Supreme Court rule? On the face of it (no beard pun intended), prisoners’ appeals for court intervention in how they are incarcerated, on the basis of their rights, may seem odd to some. After all, the whole point of imprisonment is to deny the most basic right to liberty, because, presumably, a criminal has denied someone else’s rights.

But in our society, even those guilty of serious crimes and having lost much of their freedom retain certain rights. This stems mostly from our fear of what becomes of us — not the criminals — should we stop respecting every person’s humanity.

It’s also heartening to see a petition rise to the highest court in the land from the very lowest perch without aid of a lawyer … or even a computer or typewriter.

This is Common Sense. I’m Paul Jacob.

Categories
ballot access term limits

Too Sneaky by Half

A funny thing happened on the way to reform.

The freshly minted Republican-​dominated Arksansas State Assumbly put up three constitutional amendments for next November’s ballot. Secretly, they are likely proudest of one of them, “The Arkansas Elected Officials Ethics, Transparency, and Financial Reform Act.” For, snuck into the amendment, is a gutting of term limits.

The voters long ago enacted six-​year House limits, not the 16 years proposed now by legislators. The voters limit state senators to two four-​year terms, while legislators are trying to double their ride on the gravy train.

A number of legislators now claim even they didn’t know the term limits provision was in the legislation. Others explain that their “aye” vote was cast mistakenly on their behalf after they had left the building.

But all that’s nothing compared to this wrinkle, which I wrote about on Townhall this weekend. Hidden in a separate piece of legislation passed last year was a strange provision dealing with setting ballot language for measures referred by the legislature. Legislators took the power to write a ballot measure’s “Popular Name” — the so-​called short title — away from the Attorney General, who previously enjoyed that statutory role, and gave it to themselves.

However, after legally stripping any other elected official of that same power, the plotters neglected to do one teensy-​weensy thing: provide that language for their new term extension.

The upshot? The sneaky, dishonest anti-​term limits amendment may not appear on the ballot.

Hoisted on their own petard, the whole elaborate scheme threatens to blow up in their own dear faces.

Couldn’t have happened to a more deserving bunch.

This is Common Sense. I’m Paul Jacob.

Illustration by ocularinvasion used under a Creative Commons license.

Categories
initiative, referendum, and recall

Arkansans, Call Your Lawyers

Seeing how the IRS flagrantly violates the civil rights of Americans, do we really need more government agents, more bureaucracies to ride herd over our political endeavors?

Arkansas’s Senate Bill 821, an unconstitutional slap at citizens who dare propose ballot measures, was passed despite my many, many, many complaints, and is being implemented as Act 1413.

The law mandates that every paid petitioner read the Secretary of State’s booklet explaining the state’s initiative process. But the booklet didn’t even exist … until now.

It explains: “The Secretary of State’s Office has attempted to incorporate the changes made by Act 1413 into the procedures that follow. However, since the changes in the law were extensive, it may be helpful to review Act 1413 of 2013.”

How nice of the Secretary of State not to use the term “extreme” and to go, instead, with “extensive.” Call it Arkansan generosity.

One of Act 1413’s more draconian provisions throws out an entire page of voters’ signatures on a petition if one signature is a voter from a different county.

“Determining whether a Petitioner has signed the correct petition is not always obvious. Many cities cross county boundaries,” the booklet sympathizes, noting that such honest mistakes happen “frequently with voters whose homes are near a county border.”

And will now be used against you.

The main thing the booklet advises? Hire a lawyer:

“If the reader has questions concerning Act 1413 of 2013 … the reader should contact his or her own attorney for a legal opinion as to specific facts.”

Should only citizens with their “own” attorney be able to participate?

This is Common Sense. I’m Paul Jacob.

Categories
initiative, referendum, and recall insider corruption term limits

The Natural State of Politicians

Republicans took over both chambers of the Arkansas Legislature, last November, and now have control for the first time since Reconstruction — that’s the century before the century before this century.

Not long after their installation ceremony, the Republican majority — apparently eager to make new reforms — introduced Senate Bill 821, creating a new state program to regulate people circulating initiative petitions. Arkansas activists, the Advance Arkansas Institute and Citizens in Charge were effective in getting legislators to dramatically pare back and remove several harmful and unconstitutional provisions of SB 821, but the legislation designed “to make the referendum process prohibitively difficult in Arkansas,” still passed.

Even more underhanded was passage of House Joint Resolution 1009, “The Arkansas Elected Officials Ethics, Transparency and Financial Reform Act of 2014.” It’s a doozy:

  • With claims of preventing legislators from giving themselves a pay raise, the measure actually removes the current constitutional requirement that voters approve any pay increase and creates a commission of citizens (appointed by legislators and other politicians) to give those same politicians a pay raise.
  • While claiming to enact a gift ban and other ethics reforms, the measure actually provides, Arkansas Times’ Max Brantley wrote, “constitutional protection extended to special interest banquets and travel junkets for legislators.”
  • Completely unannounced by the title, the measure also changes the state’s term limits by allowing legislators to hang around for 16 years in the House or the Senate.

Still, I look on the bright side. The people of Arkansas, having meet their new boss, will petition and vote and sue to protect their rights.

Plus, yesterday, the legislature adjourned. It’s safe again in Arkansas.

This is Common Sense. I’m Paul Jacob.