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Accountability crime and punishment folly local leaders media and media people national politics & policies responsibility

The Early Vote Worm

Last week was consequential for Greg Gianforte. Awfully. 

The Republican businessman won the special election for Montana’s lone seat in the U.S. House of Representatives. He also body-​slammed a reporter. He now faces misdemeanor assault charges.

For which Gianforte apologized publicly … as he was declaring victory. Welcome to modern American politics.

Democrats claimed victory, nonetheless — with media cover to boot. “Republicans’ 7‑point win in last night’s Montana election is great news for Democrats,” the progressive Vox headlined their report. 

At Townhall​.com on Sunday, I explained why that claim misses both the forest and the trees. Yes, Trump won Montana by 20 percentage points against Hillary Clinton’s mere 35.4 percent back in November, while Gianforte won last week by only 7 points. But Trump was lucky to be opposed by a very unpopular Hillary. 

Moreover, at that same election wherein Trump trounced Secretary Clinton, Gianforte lost the governor’s race to a Democrat. Indeed, Gianforte performed 11 points better last week than back in November — winning, instead of losing. 

How does that show Republican support slipping?

The message from the Montana special election is that early voting periods are far too long. Montana’s early voting began nearly four weeks before Election Day. The assault by Gianforte, with criminal charges, hardly mattered, because roughly two-​thirds of Montanans had already voted when it occurred.* 

Rather than a nearly month-​long process, whereby a candidate can bank a majority of the vote before the campaign is over, let’s make Election Day a three or five-​day period. Make it easy to vote, but let’s all vote together, with the same information. 

This is Common Sense. I’m Paul Jacob.

 

* This means not only that Gianforte may have “gotten away” with his violent outburst, but that those voters did not have time to adequately appraise Gianforte on information they would have possessed and been able to act upon, with a shorter voting period.


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Accountability moral hazard national politics & policies responsibility U.S. Constitution

The Chicken-​Ostrich Congress

Those who work for the president must tell the POTUS hard truths — on matters of war, most of all. Citizens must also be told hard truths. After all, we are, at least theoretically, the ultimate decision-​makers … the president works for us.

That was my point yesterday.

But when it comes to life-​and-​death decisions about war and peace, there is also a congressional check on executive power.

Well, theoretically.

The big problem isn’t chicken-​hawks in Congress, but chicken-​ostriches. Bird-​brained members of Congress implant their heads deep into the sand when it comes to foreign policy. 

Where is the congressional debate over what to do in Afghanistan, our nation’s longest war? Rather than helping shape policy, Congress gladly lets the commander-​in-​chief control every aspect of foreign and military policy.

This gives the president unitary war-​making power, anathema to the original character of our Republic, but it also means precious members of Congress are never held accountable for the disasters. After all, they didn’t do anything. 

When mistakes are made or policy fails, the legislative branch can hold hearings to carp and moan and pontificate for the TV cameras. 

American citizens, on the other hand, cannot so easily dodge the consequences of unaccountable foreign policies. In addition to engaging in military action in seven countries at present, the U.S. Government has pledged to defend another 50 countries, about one-​fourth of the world.

Should more conflicts erupt, Congress won’t fight them. But our sons and daughters will. 

This is Common Sense. I’m Paul Jacob.


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Accountability crime and punishment government transparency moral hazard national politics & policies U.S. Constitution

Feckless, Indeed

Last night, House Oversight Committee Chairman Jason Chaffetz (R‑Utah) appeared on Fox News’ Tucker Carlson Tonight, where Chaffetz was asked how he would know if the Justice Department fully complied with subpoenas issued by his committee for documents. 

“Look, we have a storied and horrific background on this,” explained the Utah representative, retiring after this, his fifth term in Congress. “You can go from everything from Fast and Furious to the Benghazi investigation, email, IRS, anything pretty much over the last eight years, which I’ve served in Congress, and I don’t believe we ever got a full production out of the Department of Justice or the State Department.”*

“I can issue a subpoena unilaterally. It’s part of my constitutional responsibility to provide that check and balance,” argued Chaffetz. “But that subpoena is only as strong as its ability to be enforced.” 

Problem? Enforcement requires Congress to work through the DOJ, part of the executive branch. Tricky … when the Department of Justice** itself is being subpoenaed. 

“You’ve seen, for instance, Judicial Watch,” Rep. Chaffetz noted. “Tom Fitton has much more power using a Freedom of Information Act, because he can get to the courts and the courts can force them.”

“The Department of Justice is afraid of a court; they’re not afraid of Congress.”

He added, “And we don’t use the power of our purse; we don’t beat it over their head and we don’t enforce it. And so it’s somewhat feckless, and it’s very frustrating as somebody who is chairman of the oversight committee.”

“Congress should have an expedited way to get to the courts to enforce those subpoenas,” Chaffetz offered. 

Why, then, doesn’t Congress enact such a process?

This is Common Sense. I’m Paul Jacob.

 

* “And that continues, by the way,” Chaffetz added. “One of my frustrations, with all due respect to the Trump administration, is that they have not loosened up the documents that we have been requesting for years.”

** Or, for that matter, any another executive branch agency.


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Accountability incumbents term limits

Calling Hatch Home

Back in 2012, U.S. Senator Orrin Hatch pledged that, if elected, his current six-​year term would be his last. On Election Day 2018, Hatch will be 84 years old — and have spent more than half his life in Washington.

Still, Utah’s senior senator just announced he intends to run for re-​election for an eighth term. 

Why? Our newly-​elected president, Hatch told a Salt Lake City TV station, “is all over me to run again.” And so is the leadership in the Republican Senate — and even in the House. Or so he says.

But what about the people of Utah? A poll this past January found that 78 percent of Utahans “definitely” or “probably” did not want Hatch to seek re-​election — with 58 percent in the “definitely” camp.

“Hatch’s bid for an eighth term is an endorsement of term limits,” argued Richard Davis, a political science professor at Brigham Young University, yesterday in the Deseret News.

“For many years, I opposed term limits because I felt legislators needed the time to gain knowledge and handle the long-​standing bureaucracy and the power of interest groups,” Davis wrote. “However, I have concluded that such knowledge can be gained relatively quickly and would become more effective if there were not highly senior politicians, like Hatch, who dominate a legislative body for many years.”

In 1976, Hatch challenged an incumbent with the line: “What do you call a Senator who’s served in office for 18 years? You call him home.”

Today, having spent over 40 years in power, Hatch only wants more … and calls Washington home.

This is Common Sense. I’m Paul Jacob.


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Accountability folly incumbents national politics & policies term limits

Authority and Accountability

Roll, Founding Fathers, roll over. The situation with Congress is grave.

You designed three branches of government, each to check the others’ power. The first branch, and the most essential, is Congress. It not only controls the purse strings, but also the power to declare war.

But today’s Congress cannot even muster the courage to regulate the use of military force through legislation such as the War Powers Act or by passing an AUMF — an Authorization for the Use of Military Force.*

Yesterday on NBC’s Meet the Press, host Chuck Todd raised the issue of whether a new AUMF was necessary after the attack on Syria, especially for any further action. And would Congress dare to debate a new AUMF? 

“I don’t think anybody wants a vote on this,” remarked Danielle Pletka, a defense and foreign policy expert at the American Enterprise Institute. She pointed out that any action would put Congress in line for blame should problems arise. “Look, the problem for Congress is … There’s no percentage for them.”

“If Congress doesn’t exert its authority here,” Todd offered, “then they’re ceding it.”

“Yes,” agreed National Review Editor Rich Lowry. “This is something the founders never counted on, that you’d have one branch of government that didn’t want to protect its prerogatives because too much accountability would be involved.”

Must the very foundation of our Republic always take a backseat to the personal political interests of professional politicians? Career congressmen disdain leadership, preferring to lead the cheers when things go well and criticize when they don’t.

Another important reason for term limits.

This is Common Sense. I’m Paul Jacob. 

 

*The AUMF passed after 9/​11 gave the president authority to go after Osama Bin Laden and al-​Qaeda. It has become a catch-​all authorization due to congressional fear of being held accountable for authorizing — or not — any new use of military force. Instead, Congress has simply pretended that President Obama’s regime-​change military intervention in Libya and the military actions against the Islamic State fit under the post‑9/​11 AUMF. 


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Illustration includes photo by Petras Gagilas on Flickr

 

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Accountability government transparency term limits

Promises & Limits

Last year, Americans — everywhere from Montgomery County, Maryland, bordering the nation’s capital on the east coast, to sunny Santa Clara, California, on the west coast — voted to impose term limits on their elected officials.

There were 40 separate local votes to enact term limits or, conversely, measures put up by politicians to weaken or abolish those limits. In every single case — that’s 100 percent — voters came down on the side of strong term limits. And by a whopping average vote of 74 percent.

Not. Even. Close.

Back in 2014, term limits admittedly did not fare quite as well. In that election year, a mere 97 percent of local term limits ballot measures prevailed. You can’t win them all.

Most folks I know believe we most desperately need term limits on Congress.

Even in these days of division, with our nation racked by partisan rancor and recrimination, a constitutional amendment to term-​limit Congress has better than two-​to-​one support by folks across the spectrum — favored by 77 percent of Republicans, 67 percent of Democrats and 79 percent of independents.

President Donald Trump pledged in the campaign’s homestretch that, as his first order of business in “draining the swamp,” he would push Congress to propose an amendment limiting House members to three terms, six years, and Senators to two terms, 12 years. Those are the limits in the term limits amendment already introduced by Sen. Ted Cruz (R‑Tex.) and Rep. Ron DeSantis (R‑Fla.).

Speaker Paul Ryan has promised to bring it to the floor for a vote. Senate Majority Leader Mitch McConnell has refused. McConnell’s office number is (202) 224‑2541.*

This is Common Sense. I’m Paul Jacob.

 

* His Facebook page is here.


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