Categories
national politics & policies Popular term limits U.S. Constitution

The Court-​Packers

“What if there were five justices selected by Democrats,” presidential candidate Beto O’Rourke explored at an Iowa campaign stop, “five justices selected by Republicans, and those ten then pick five more justices independent of those who picked the first ten?”

Beto, meet FDR.

President Franklin Delano Roosevelt tried something similar with the Judicial Procedures Reform Bill of 1937, which would have added six new justices to the nine-​justice U.S. Supreme Court. It failed in the Senate, even though FDR’s Democratic Party controlled the chamber.

This “court packing” gambit may have been the most unpopular action of FDR’s whopping three-​plus terms. 

Despite the obvious self-​interested power grab, “Sens. Kamala Harris, Elizabeth Warren and Kirsten Gillibrand … would not rule out expanding the Supreme Court if elected president,” Politico reported.

“It’s not just about expansion, it’s about depoliticizing the Supreme Court,” Sen. Warren explained … with a straight face. Yet Beto’s suggested reform would officially turn the nation’s highest court into a partisan, two-​party political institution.

To the good, Democrats are also bantering about term limits for the nation’s High Court. Trouble is, term limits require a constitutional amendment, meaning a two-​thirds vote of both chambers of Congress as well as 38-​state ratification. 

Court packing, on the other hand, only requires simple majorities of both houses and the presidency. Which Democrats threaten in 2020.

“You need to gain power,” Washington Examiner columnist Philip Wegmann reminds, “before you can abuse it.”

So the abuse, for now, is merely promising.

This is Common Sense. I’m Paul Jacob. 


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Categories
Accountability general freedom incumbents term limits too much government

Keystone Correlation

Ninety-​three-​year-​old Robert Mugabe has ruled Zimbabwe with phony elections and brutal repression for the last 30 years. Conversely, only one president in U.S. history has served more than two four-​year terms, and after that single exception a constitutional amendment was enacted, limiting the terms of future presidents to the traditional two terms.* 

Americans are better for the limited tenures; Zimbabweans worse for the longevity. 

Recently, Illinois was declared the most dysfunctional state in the union. Illinois also boasts the nation’s longest-​serving — and by far the most powerful — Speaker of the House, Michael Madigan. What irony that incumbency should wreck the Land of Lincoln, when favorite son, Honest Abe, represented his Illinois district in Congress for only a single term and then stepped down as was the custom for the local party. 

In bankrupt Harrisburg, Pennsylvania, former Mayor Stephen Reed held power for 28 years (nearly as long as Mugabe and Madigan) during which time he managed to plunge the city into insolvency. 

After leaving office, Reed also pled guilty to 20 counts of theft from the city. But was mysteriously sentenced to merely two years of probation.

There’s no question that the city of Harrisburg was traumatized by power being concentrated in one individual for an enormously long period of time,” current Mayor Eric Papenfuse acknowledged. “I don’t think anyone wants to see that again.”

The Harrisburg City Council hasn’t taken any action yet, but there appears to be ample support for term limits across the board, including from council members. 

Understanding the correlation between long-​serving politicians and long-​suffering constituents is the keystone to critical reform.

This is Common Sense. I’m Paul Jacob. 

 

*  Technically, a president could serve up to ten years, as the 22nd Amendment prohibits a person from being elected president more than twice or if the person has “held the office of President, or acted as President, for more than two years of a term to which some other person was elected President … more than once.”


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Categories
ideological culture

Want, Fear and Freedom

On this day in 1941, President Franklin Delano Roosevelt delivered a State of the Union address in which he proclaimed, “In the future days, which we seek to make secure, we look forward to a world founded upon four essential human freedoms.”Freedom of Speech

Two of those four freedoms — of speech and worship — are enshrined in our First Amendment. But the other two were new: “freedom from want” and “freedom from fear.”
Freedom of Worship
No one desires people to go wanting or folks to be afraid, of course, though sometimes fear can usefully spur us to take corrective action. But while government can capably protect freedom of speech and religion, it cannot magically wipe out want or fear.
Freedom from Want
Wants are unlimited; fears can be, too.

When a child wakes up crying from a nightmare, do we need a government program? When a fellow member of the “Me Generation” fervently desires a new iPad, should Uncle Sam provide it?

FDR wasn’t talking about iPads or bad dreams, but his new notions were so loose and fuzzy that they changed the conception of government from a limited association protecting our individual ability to pursue happiness into an unlimited institution powerful enough to create a society without want or fear.
Freedom from Fear
Government has a role in protecting us from invasion or attack, from crime, but it cannot provide freedom from fear. Government has a role in protecting our economic freedom to produce and trade, to engage in commerce, but it cannot fulfill our every want.

We lose what we can achieve when we demand what cannot be given to us.

This is Common Sense. I’m Paul Jacob.

Categories
national politics & policies porkbarrel politics too much government

How to Simulate Stimulation

Historians have noticed something interesting about the Great Depression: The bulk of Roosevelt’s New Deal money and effort wasn’t directed at the hardest-​hit states. It was directed at swing states.

FDR’s New Deal could thus be seen as a vast re-​election drive.

Economist Veronique de Rugy, of the Mercatus Center, recently testified before Congress about her studies of recent stimulus spending. She noticed that Democratic districts received bigger bucks than did Republican ones. Coincidence?

Nick Gillespie wrote about this on Reason magazine’s blog, Hit and Run. And, nestled in the comments section, is testimony from someone in the federal government about how stimulus money is actually spent. The government does not look for especially hard-​hit areas. It looks for prospect projects that have been designed and engineered and ready to be funded to reach completion quickly.

This is useful to know. If believed, I’ll leave to you the explanation why Democratic Districts might be further along this pork-​project train than Republican Districts. But it’s worth noting that this method does not really show any targeted expertise on the part of the federal government. It’s just a spend-​and-​spend-​quickly program. Throw out enough dollars and hope something “sticks” … to produce real growth.

You see, this is nothing like how markets for capital projects work in the private sphere. And it’s nothing like a good way of jump-​starting a wounded market economy.

It’s just government-mismanagement-as-usual.

This is Common Sense. I’m Paul Jacob.

Categories
First Amendment rights free trade & free markets too much government

Absurdity Then, Absurdity Now

There’s a famous quip by one English intellectual about another. “Oh, you know what so-and-so’s idea of a tragedy is: A beautiful theory killed by an ugly fact.”

Well, don’t I know it.

I wrote a column, recently, for Townhall​.com, entitled “The Buxom Bailout Babes of the Umpteenth Brumaire.” In it I noted that while the Great Depression was a tragedy, today’s economic debacle, though a repeat of it, is more farce. To demonstrate its farcical nature I noted that some people are seriously talking about bailing out the newspapers, which have hit hard times.

And nothing, I assured my readers, could be more absurd than that. The point of having newspapers is to be critical of government. To have government support them would turn them into worse propaganda rags than they now are.

The trouble with this? Well, FDR, way back in the tragedy, also subsidized newspapers. Well, at least one.

Bailouts weren’t exactly the main thrust of the New Deal, but they happened. And, like most political acts, they were politically motivated. FDR was worried about Philadelphia, which was solidly Republican. The Democratic newspaper was failing.

So he bailed it out.

Simultaneously he set the IRS on the publisher of the Republican newspaper. In the next election, the area turned Democrat.

Here’s one theory that won’t be disproven: In government, it’s politics that matters.

This is Common Sense. I’m Paul Jacob.