Tag: legislation

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First Amendment rights national politics & policies too much government

First Things First

Surely there’s something good in the first legislation put forth by the brand-​new Democratic House majority — though nothing jumps to mind. 

The 571-​page smorgasbord bill “addresses voting rights, corruption, gerrymandering and campaign finance reform,” writes Thomas Edsall in The New York Times, “as well as the creation of a Select Committee on the Climate Crisis — a first step toward a ‘Green New Deal.’” 

H.R. 1 would mandate that states adopt automatic voter registration, a step too far. It establishes a system of public subsidies for candidates running for Congress, with taxpayers forking over a six-​to-​one match on donations of $200 or less. 

The legislation also empowers* the Federal Election Commission, including by ending its supposedly “neutral” composition, i.e. an equal number of Democrat and Republican commissioners. This would either allow the FEC to be more “decisive” or unleash the dogs of partisan political witch hunts … depending on the case and/​or your politics.**

Speaker Nancy Pelosi (D‑Calif.) and Rep. John Sarbanes (D‑Md.), the lead sponsor of the legislation, bill it as the best way “to rescue our broken democracy.” 

“It should be called the Democrat Politician Protection Act,” argues Senate Majority Leader Mitch McConnell in the Washington Post. 

David Keating, president of the Institute for Free Speech, tells NPR, “A lot of [H.R.1] looks to be unconstitutional.”

No problem, for one provision calls for a constitutional amendment to partially repeal the First Amendment, so to authorize Congress to regulate campaign spending and speech.

Remember: the First Amendment is a single sentence, a mere 45 words.

Succinct and effective.

The former does not apply to this new bill, and the latter, I hope, does not apply to this new Congress.

This is Common Sense. I’m Paul Jacob.

* Let’s not give greater power to the FEC, which, according to a federal judge, “acted arbitrarily and capriciously and contrary to law” in the 2016 election.

** Of course, for Ross Perot in the 1990s or Libertarians, Greens and independents today, that “bipartisan” make-​up isn’t neutral but stacked like a Star Chamber

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general freedom ideological culture initiative, referendum, and recall local leaders national politics & policies political challengers

Not a Joke

Washington, secession, division, exit, legislature, legislation, city, country, representation, initiative, ballot

Yesterday, the chief sponsor of a Washington State legislative bill withdrew it. He said it was “a joke.” His co-​sponsor wasn’t laughing, however … even proclaimed an intent to introduce the bill again next year.

The legislation’s purpose? Split the state into two. 

The eastern, drier half of the State is much less populated, and the wet, western half gets its way almost all the time. The bill’s sponsor mentioned his intent: to call attention to the persistent lack of effective representation.

It was not a funny* joke. What he meant, surely, was “a stunt.”

This is just one of many ongoing secessionist movements in the United States. Most represent the eternal struggle between more self-​reliant, community-​centered and less statist country folk and the more atomized, fearful statists of the cities. But also present is the problem of representation. There is not enough of it. Many people do not have a voice. Hence the desire for exit. 

“Voice” vs. “exit” are two crucial aspects of constitutional politics, particularly relating to different kinds of “freedom.”

Many states could use splitting, California, especially.

But exit is not the only option. Representation itself could increase in sheer numbers; California, anyway, has (astoundingly!) too few politicians, er, representatives … per residents.

Another key constitutional change would be to set the bar higher to passing new legislation, especially regarding adding tax burdens.

But not for the people. We are best represented by our own votes, which means initiative and referendum rights extended to all states. Citizens of Washington State (still intact) lack the ability to change their constitution by initiative — an important process for future state shape shifts.

This is Common Sense. I’m Paul Jacob.

 

* Originally, the new state’s name was to be Liberty, much better than the states of Tyranny, Servitude and Denial. Now I read that the proposed name is Lincoln, awkwardly tied to our union’s most determined anti-​secessionist. That is a bit funny.

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Categories
Accountability government transparency national politics & policies responsibility too much government

One at a Time

Mia Love, Rand Paul, congress, bills

A new procedural reform is in the offing.

And just because it is “procedural” doesn’t mean it’s insignificant.

Or boring.

Remember, how something gets done determines, in part, what gets done. The checks and balances that were written into our Constitution are there to regulate the how of government, the better to limit the what.

But it’s obvious our federal government is out of control, and in need of some additional … controls.

Sen. Rand Paul and Rep. Mia Love have introduced just such legislation. It’s not a constitutional limitation, but a legislative change of procedure. The title of their bills pretty much explains the idea: the “One Subject at a Time Act,” initialized as OSTA.

I first heard rumblings about it from Rand Paul; then, just last week, Mia Love sent out her press release, ballyhooing the House version of OSTA, H.R. 4335.

Rand’s Senate version is S. 1572, and was introduced a little over a year ago.

The idea is not new. I’ve talked about it before. You probably have, too. Anyone with sense realizes that the congressional habit of adding unimportant, controversial programs to unrelated but necessary, uncontroversial bills, is a leading cause of government growth.

And one reason why Congress is so roundly detested.

OSTA, by forcing Congress to deal with subjects one bill at a time, might even save Congress from itself.

The bill is still looking for sponsors. You can help by putting your representative’s and senators’ feet to the fire.

This is Common Sense. I’m Paul Jacob.

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Mia Love, Rand Paul, congress, bills

 

Categories
national politics & policies too much government

Wanting Too Much

An old joke runs something like this:

    “We lose a dollar on every widget sold.”
    “So how do you stay in business?”
    “We make up for it in volume.”

The lesson? Mere numerical productivity is not key to the success of any human enterprise. Adding value is key. Quality counts. And profit.

Tell that to Ezra Klein. He measures Congress by how many laws it makes. The current Congress has made very few laws compared to previous ones — Klein has a very nifty graph of this, see at right — so Klein blasts Congress: “there’s no session of Congress with such a poor record of productivity.”

But it’s not gross-​weight productivity that counts. As economist David Henderson perceptively noted, what matters is whether the laws are good or not.

The more laws we’re encumbered with, the less their quality. Or as Cicero once put it: “The more laws, the less justice.”

Laws carry the weight of force, and force is the opposite of freedom, so the more the laws, the less the freedom. Further, it’s almost impossible to manage the huge bulk of the legal code, leading to bureaucratic drudgery both in and out of government, and mismanagement of resources everywhere. At best, we wind up with only piecemeal enforcement, which is itself a temptation for a common sort of tyranny, the prosecution of folks someone in power doesn’t like.

Note that graph. Each session adds to existing law. And unlike spending feeding debt, which is at least somewhat offset by revenues, these laws tend not to be the repeal of old laws. Graph the accumulation of laws, and it goes only one direction.

The wrong direction.

This is Common Sense. I’m Paul Jacob.