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Accountability general freedom government transparency incumbents insider corruption local leaders moral hazard national politics & policies term limits

“Dorky” Doesn’t Define It

“Term limits,” said Daniel McCarthy, editor of The Modern Age, in a recent podcast conversation with historian Tom Woods, “was one of the dorkiest ideas of the 1994 so-called Newt Gingrich revolution.”

He characterized it as not having really gone anywhere.

Huh?

Granted, Congress is still not term-limited. But Americans in 15 states — including California, Colorado, Florida, Michigan, and Ohio, and representing 37 percent of the nation’s population — do enjoy term-limited state legislatures.*

And it sure wasn’t Newt Gingrich’s idea. Gingrich opposed it.

McCarthy repeats the old chestnut that what term limitation “winds up doing is actually weakening Congress and congresspeople in particular — relative to their own staff, who stay in Congress and become sort of experts and learn how to manipulate their congressman, and also relative to the executive branch who have people rotate in from time to time.”

Nifty theory — one very popular with politicians, who know that voters fear unelected influences on legislation.

The reality, however, is that Congress, designed by the Constitution’s framers to be both most powerful and closest to the people‚ is, today, the weakest branch.

And legislators are not term limited.

Ditch the “manipulation theory”; adopt a “collaboration theory”: legislators with Methuselah-long careers learn, sans “rotation in office,” to feather their own nests and those of the interest groups that fund their re-elections (and insider trading schemes).

Term limits remain popular with normal Americans because voters intuitively grasp the reality of such everyday corruption, which is directly tied to Congress having sloughed off so much constitutional responsibility.

We need term limits to restore a Congress sold out by professional politicians.

This is Common Sense. I’m Paul Jacob.

 


* Nine of the ten largest cities in America likewise have termed-limited their elected officeholders. For more information, see the links to the column from which this episode of Common Sense is condensed.

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crime and punishment general freedom ideological culture initiative, referendum, and recall local leaders national politics & policies political challengers property rights Regulating Protest too much government

A Sanctuary from Centralization

Defiance . . . nullification. It is a trend.

I take it as a sign of our contentious times that we now witness states in open rebellion against centralized control from the Imperial City of Washington, D.C., while cities and counties are also rattling the chains set by their respective state capitals.

The sweep of marijuana decriminalization and legalization is only the most obvious. The rise of “sanctuary cities” defying federal government immigration laws — often backed up by state legislatures — has been a contentious issue, with progressives supporting this sort of nullification and conservatives opposing it.

But the latest development does not hail from the left.

In Illinois, a number of rural governments have taken a cue from the immigration debate by “declaring themselves sanctuary counties for gun owners,” we learn from the AP’s Don Babwin, writing in the Chicago Tribune. “The resolutions are meant to put the Democratic-controlled Legislature on notice that if it passes a host of gun bills . . . the counties might bar their employees from enforcing the new laws.”

An Effingham County Board Member calls “sanctuary” an attention-getting “buzzword,” reporting that “at least 20 Illinois counties and local officials in Oregon and Washington have asked for copies of Effingham County’s resolution.”

Now, cities and counties do not have an analogous relationship to their state governments as do states to the federal government: the states created the “United States of America,” while cities and counties are also state creations.

Yet this move is important. It shows a growing recognition of the tyrannical nature of centralized power.

And the usefulness of decentralization.

This is Common Sense. I’m Paul Jacob.

 

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Accountability general freedom media and media people moral hazard national politics & policies responsibility too much government U.S. Constitution

Matter-of-After-the-Fact

“For some time now,” writes Sen. Rand Paul for The American Conservative, “Congress has abdicated its responsibility to declare war.”

Kentucky’s junior senator knows how unconstitutional this is. “The Founders left the power to make war in the legislature on purpose and with good reason,” Rand Paul explains — correctly. “They recognized that the executive branch is most prone to war.”

So, Washington Senators Bob Corker and Tim Kaine are here to help?

This bipartisan pair has retrieved — from deep within the bowels of congressional R & D — a new Authorization for Use of Military Force (AUMF). This would, explains Paul, give “nearly unlimited power to this or any other president to be at war whenever he or she wants, with minimal justification and no prior specific authority.”

The wording of the new AUMF “would forever allow the executive unlimited latitude in determining war, and would leave Congress debating such action after forces have already been committed” — allowing Congress only carping rights.

Shades of the Roman Republic, in which the Senate appointed dictators in tough times.*

These days, all times are tough times.

Meanwhile, Bob Corker is in the news for having just received the “George Washington University Institute for Public Diplomacy and Global Communication’s first annual Walter Roberts Award for Congressional Leadership in Public Diplomacy.”

And Kaine just a few weeks ago made a big deal about his no vote for Trump’s Secretary of State nominee: “We have a president who is anti-diplomacy and I worry that Mike Pompeo has shown the same tendency to oppose diplomacy.”

How does making a foreign policy dictator out of Trump (or any future president) advance diplomacy?

This is Common Sense. I’m Paul Jacob.

 


* Arguably Congress’s open-ended AUMF’s are much worse than ancient Roman practice, since today’s crises are not specified and the dictator is not forced to step down after the problem is solved — or a term limit of six months reached.

 

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Accountability incumbents media and media people moral hazard national politics & policies term limits

Like Motel Matches

When President Trump announced he was slapping a 25 percent tariff on imported steel and 10 percent on aluminum, a friend asked me how the president could possibly possess such unilateral authority. 

That was my first thought, too, before surmising that Congress had again given away its constitutional power, as its habit, thoughtlessly — like motel matches.*

Writing in National Review, Jay Cost confirmed my suspicion, “Over the past 80 years, authority over tariffs, as well as over all manner of properly legislative functions, has migrated to the executive branch, away from the legislative.”

When FDR sought greater power over trade, Cost explained, “It was as if Congress threw up its hands in exasperation and said to the president, ‘We cannot handle our authority responsibly. Please take it off our hands, for we will screw things up and lose reelection.’”

Ah, the laser-like focus of modern career politicians . . . on what’s most important . . . to them.

“Nobody looks to Congress for redress of grievances anymore …” Cost wrote. “Congress has systematically shrugged power off its shoulders over the past 80 years, and it inevitably screws up the handful of authorities it retains . . .”

Why? What has led our first branch of government, over the last 80 years or so, to surrender its authority?

Congress has become much more “experienced,” evermore a career destination. And a lucrative one.

We desperately need term limits. And we need smaller districts where individual citizens matter more than money and special interests.

Save Congress from itself — before it sets the country afire.

This is Common Sense. I’m Paul Jacob. 

 

* My mind jumped to Elvis Costello’s song, Motel Matches: “Giving you away, like . . .” what, precisely, in this case? The authority in Article 1, Section 8 of the Constitution: “The Congress shall have the Power to lay and collect Taxes, Duties, Imposts and Excises….”


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Accountability insider corruption moral hazard national politics & policies porkbarrel politics too much government

Cronyism Pays

Daniel Mitchell, a senior fellow in fiscal policy at the Cato Institute, is a nice guy. But he’s sort of depressing, too.

Weeks ago, writing for the Foundation for Economic Education (FEE), Mitchell offered that “The Washington, DC Gilded Class Is Thriving.” He even provided a “depressing chart” graphing “median inflation-adjusted household income for the entire nation and for the District of Columbia.”

There is a graphic divide: while “the nation’s capital used to be somewhat similar to the rest of the nation . . . over the past 10 years, DC residents have become an economic elite, with a representative household ‘earning’ almost $14,000 more than the national average.”

Dan Mitchell highlights that “the entire region is prospering at the expense of the rest of the nation.” Among the nation’s counties, the top four wealthiest are in suburban Washington, D.C. The nation’s capital region boasts nine of the country’s top 20 richest counties.

Now Mitchell’s back with another FEE column exclaiming more bad news: “The ROI for Cronyism is Huge.” (ROI is “return on investment.”)

Mitchell cites a study entitled, “All the President’s Friends: Political Access and Firm Value,” conducted by University of Illinois professors Jeffrey R. Brown and Jiekun Huang. “Using novel data on White House visitors from 2009 through 2015,” they explain, “we find that corporate executives’ meetings with key policymakers are associated with positive abnormal stock returns. . . .”

The authors find a lot evidence showing that “political access is of significant value to corporations.”

None of this should surprise. Cronyism pays, and it sticks close to power, even geographically.

This is Common Sense. I’m Paul Jacob.


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crime and punishment free trade & free markets general freedom meme moral hazard national politics & policies too much government

Which is more dangerous?

Corporations cannot and do not tax, conscript, and kill under claim of legal authority to do so.
Only governments do that. 

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Categories
general freedom insider corruption media and media people national politics & policies political challengers responsibility too much government

We Take the Bullet

“[I]f someone puts a gun to your head,” argues David Boaz of the Cato Institute, “and says you have to choose between Clinton and Trump, the correct answer is, take the bullet.”

Then, proving the axiom “it can always get worse,” came Friday’s twin revelations: the Washington Post broke the story of Donald Trump caught on a hot microphone bragging about groping women, and WikiLeaks released hacked emails with unflattering revelations about Hillary Clinton “principled” duplicity.

The Clinton camp huffs about the hack of campaign chairman John Podesta’s emails, but denies nothing.

In those speeches for which Wall Street firms paid her millions, Clinton’s progressivism evaporates. She suggests Goldman Sachs and other large financial firms should regulate themselves, because they “know the industry better than anybody.”

While publicly bashing the rich, she privately complains before her wealthy audience about the “bias against people who have led successful . . . lives.” Moreover, Hillary explains that it’s bad “if everybody is watching” public policy being made, adding: “[Y]ou need both a public and a private position.”

And to think some folks don’t trust her.

Mr. Trump likewise confirmed our worst fears. During a 2005 taping of a television soap, he boasted that “when you’re a star, they let you do it. You can do anything.”

And then gave a “rapey” example of what “anything” means.

This man deserves political power?

Forget which is worse. Note how much alike they are. Both seem to think they can say — even do — anything. Without consequences.

Without caring one whit about the rest of us.

This is Common Sense. I’m Paul Jacob.


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meme

Term Limits and Jefferson

“My reason for fixing them in office for a term of years rather than for life was that they might have an idea that they were at a certain period to return into the mass of the people and become the governed instead of the governor, which might still keep alive that regard to the public good that otherwise they might perhapsbe induced by their independenceto forget.”

—Thomas Jefferson


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general freedom U.S. Constitution

An 800th “Birthday”

Something happened 800 years ago yesterday, something of note.

The much-loathed and legendary — but real-life — King John signed a document with his barons that limited his power. It was later called the “Magna Carta,” the great charter.

Strange history. It was signed, made a big deal of, and then quickly repudiated. But it was never completely dead, possessing a zombie afterlife, and eventually helping give birth to the Enlightenment idea of limited government, as well as to the United States Constitution.

Most of the document is concerned with the king’s relationship with his subordinate (and insubordinate) barons. There’s a lot of power-wrangling in it, it’s all about divvying up prerogatives and responsibilities and taxes and fees. But it does contain a few passages of note (I’ve listed them on my “Today in Freedom” feature, in the past, and revive one for today’s).

My friend Sheldon Richman quotes scholar John Millar (1735-1801), one of Adam Smith’s most illustrious students, to put the document in its best perspective: “A great tyrant on the one side, and a set of petty tyrants on the other, seem to have divided the kingdom . . . who, by limiting the authority of each other over their dependents, produced a reciprocal diminution of their power.”

They were selfish men, Millar notes, not much concerned with ordinary folk, “But though the freedom of the common people was not intended in those charters, it was eventually secured to them. . . .”

Britain and then America stumbled onto liberty — a general and shared freedom — by the jealousy of competing powers.

We, the people, win when our “rulers” are divided, not united.

This is Common Sense. I’m Paul Jacob.


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Magna Carta

 

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ideological culture

Another Worthwhile Lesson for Muggles

We in middle-class, muggle America can learn something from Harry Potter.

My daughter got me reading the J.K. Rowling’s fantasy series years ago. I eagerly followed the growth of an 11-year-old to a young man of 18. This “boy who lived” was orphaned as a baby when He-Who-Must-Not-Be-Named, the evil, dark Lord Voldemort killed Harry’s parents. For seven books, Voldemort tries to kill Harry. For seven books, Rowling imparts some important lessons.

At the end of the second book, the wise headmaster Dumbledore, tells Harry, “It is our choices that show what we truly are, far more than our abilities.” The fourth outing even made the case for term limits. “You are blinded,” Dumbledore tells a selfish government minister, “by the love of the office you hold.”

So, when the final movie, Harry Potter and the Deathly Hallows—Part 2, was released last Friday, I was one of those buying tickets . . . at a cheapskate Sunday showing with two of my kids.

Once again, the movie climaxes with a cogent moral.