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Accountability folly general freedom government transparency initiative, referendum, and recall local leaders moral hazard national politics & policies term limits

Illinois’s Chicken-​and-​Fish Supreme Court

A constitution is the law of the land only to the extent that it’s enforced. And in Illinois, the right of citizen initiative — provided for in the state constitution — is not enforced.

The constitution’s wording is explicit: “Amendments … may be proposed by a petition signed by a [specified number of electors].… Amendments shall be limited to structural and procedural subjects contained in Article IV.”

Does that Article IV discuss the subject of election procedures, including eligibility requirements, thereby opening the door to a citizen-​initiated term limits amendment? Yes, it does. Section 2, subsection ©, for example, specifies citizenship, age, and residency requirements.

Yet the Illinois Supreme Court has repeatedly chucked the results of effective petition drives to get a state legislative term limits question on the ballot.

The justices rely on the venerable Fallacy of Tortured Misreading. 

Former Illinois legislator Jim Nowlin recently pointed out that in 1976, the court concluded that the wording about how initiative proposals “‘shall be limited to structural and procedural subjects’… meant a proposal must make both kinds of changes.” The lone dissenter on the court “opined to the effect: When I see a restaurant sign that says, ‘We have chicken and fish,’ that doesn’t mean you have to order both chicken and fish!”

The right of citizen initiative is a crucial means of reforming government when those in government won’t reform themselves. The citizens of Illinois have that right. But, for now, they also don’t.

That ain’t Common Sense. I’m Paul Jacob.


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Accountability general freedom government transparency incumbents initiative, referendum, and recall local leaders political challengers

Initiative Surplus?

Only nine out of 50 states can pay their bills and meet their obligations; 41 cannot, barring major tax increases or spending cuts.

That’s what we learn in last month’s “Financial State of the States” report from Truth in Accounting (TIA).

Alaska is in the best shape, “with $11 billion in assets to pay future bills”; New Jersey’s in the worst, needing “to come up with $208 billion in order to meet its promised obligations.”

Sheila Weinberg, TIA’s founder, works hard to counter governments’ creative accounting. It’s trickery, really, which “would be considered criminal for private sector corporations.” One gimmick is “promising to pay employee benefits in the future, but not fully funding the benefits programs as they rack up obligations.”* 

Thankfully, TIA’s financial analysis includes items such as already-​made pension and healthcare commitments. 

Now, let’s expand the analysis, collating these findings to separate between initiative and non-​initiative states**:

  • Seven of the nine states with a “taxpayer surplus” — where government can pay its bills and meet its obligations — have the ballot initiative process. 
  • The 23 initiative states comprise 46 percent of the states. Yet, initiative states comprise a whopping 78 percent of financially healthy states. 
  • Of the 20 states carrying a larger-​than-​average taxpayer burden, 15 states (75 percent) lack the initiative process.

Granted, this represents a correlation between states with citizen-​initiated ballot measures and healthier fiscal policy, not necessarily causation. Still, I’m not surprised states where citizens have more say so are better governed.

This is Common Sense. I’m Paul Jacob.

 

* “This short term fix allows governments to artificially ‘balance their budgets’ by not counting certain obligations as official debt.”

** There are 23 initiative states and 27 non-​initiative states. Two referendum-​only states— Maryland and New Mexico — are considered non-​initiative states, and so is Illinois. Illinois is considered a non-​initiative state, because its ballot initiative process is so severely restricted as to be non-​existent. Only one measure has ever appeared on the ballot. 


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folly ideological culture media and media people national politics & policies

A Special Place in Heck?

Former First Lady scolds women for not voting … for a former First Lady.

Yes, “Michelle Obama,” the BBC headlined last week, “scolds female Trump voters.”

Need you ask why? You probably have already guessed.

“Any woman who voted against Hillary Clinton voted against their own voice,” Mrs. Obama remarked at a Boston conference.

Though a majority of women who voted cast their ballots for Mrs. Clinton, a slightly smaller majority of white women voted for Donald Trump.

And to those women who did not vote for Hillary? “Well, to me that just says, you don’t like your voice.”

The idea that one woman candidate can serve as “the voice” for all women is not merely absurd. It is sexist. But it is something that this most recent First Lady shares with the former First Lady who just lost a major election. Yes, Hillary Clinton has said much the same kind of thing. And Madeline Albright, Secretary of State under Clinton’s husband’s command, famously argued “there is a special place in hell” for women who refuse to toe the line and vote Clinton II.

Heck, there is a special place for women who think, appraise and choose against social pressure: America. Here people matter as individuals, as persons, not as members of their race, religion, sex, or … political party.

But the arrogance of these women leaders shows no understanding of effrontery. “You like the thing you’re told to like,” Mrs. Obama belittled female Trump voters.

Truth is: women were repeatedly told to like Hillary for president. But they refused to do as they were told, which is why Mrs. Clinton and Mrs. Obama are attacking them.

This is Common Sense. I’m Paul Jacob.


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Accountability ballot access initiative, referendum, and recall local leaders national politics & policies political challengers U.S. Constitution

Free to Choose

“I think that the most effective way one could possibly move toward greater freedom in the United States, toward a smaller role of government, would be if we could only have a more democratic society.”

Who said that? A Democrat? 

No.

The speaker quickly added, “I don’t mean a capital‑D, I mean a small‑d.”

“That is, I mean if we could have referenda,” the late Milton Friedman explained back in 1987. 

The Nobel Prize winning economist — and co-​author with wife Rose of the bestselling Free to Choose* — was referring to the initiative and referendum process, whereby citizens vote on laws, and in the case of initiatives directly place measures onto the ballot. 

Citizens enjoy initiative and referendum rights in twenty-​four states and roughly 60 percent of cities throughout the country.

“The public at large has always shown itself,” Dr. Friedman observed, correcting himself, “has almost always shown itself to be more libertarian in its views than have their elected representatives.”**

Friedman was not suggesting that a bad law becomes good because it was passed at the ballot box. He simply weighed the odds between two distinct sets of voters. Legislators are a small group, the personal power of each one so closely tied to government that politicians’ personal interests often compete against the public’s. Conversely, the much larger group of voting citizens almost defines the public interest.

Perhaps I was channeling the great doctor of economics when I was once asked, “Do you trust the people?” 

My reply?

“No. But I trust the people a whole lot more than I trust the politicians.”

This is Common Sense. I’m Paul of Jacob.

 

* The book was first published in January 1980, in tandem with PBS’s airing of the popular “Free to Choose” series.

** He spoke this at a California Libertarian Party conference. Tough crowd.


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Accountability general freedom initiative, referendum, and recall local leaders national politics & policies responsibility term limits

Today’s Leaders

We have a new president. Many people put a lot of trust in him — and many more hate him and seek to bring him down. In both cases, presidential politics takes up an inordinate portion of our brain space.

Over the weekend I twice wrote about four heroic senators, standing up to the insiders in their own party. Getting a lot of deserved attention.

But remember: the real leaders are not in Washington, D.C.

Right now, a half dozen issues are undergoing revolution. Legalized gay marriage swept through state after state; meanwhile, Democratic leaders (Clinton, Obama) lent none of their prestige to the cause.*

It was local and state activists who led. And even wide swaths of “the people” were out in front.

Not politicians.

Marijuana legalization has occurred in state after state, mostly by initiative petitioning. It wasn’t the politicians who pushed this through. It was activists. 

And, again, the people.

The politicians — including, now, the new Attorney General — largely obstructed the advance of freedom on this issue.

Much the same can be said for improving police-​citizen relations with mandatory cop cams and transparency protocols. In the past, much the same pattern could be seen regarding term limits and tax limitation measures. In most cases of progress, politicians have actually represented the rear guard.

Which should give us something to think about. We face a looming sovereign debt crisis, the pension system bubble, and ongoing culture wars regarding campus (and general) free speech.

If you think something should be done, minds should be changed, don’t look for a national figure. Look locally. Look to yourself. Go online. 

Master the mechanisms of social change.

This is Common Sense. I’m Paul Jacob.

 

*That is, these politicians “became leaders” on the issue at the point the issue needed no leadership. They remained opposed to change until the last moment, when the direction was firmly set and most of the watershed marks had been made.


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

Delivering a Double Standard

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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