Categories
initiative, referendum, and recall national politics & policies term limits

Electing a Better Way

For the seventh time in the last 22 years, the Metro Nashville Council put a measure on the ballot to weaken or abolish their own term limits. And for the seventh time voters said no. 

Term limits were under attack elsewhere in Tennessee — along with Ranked Choice Voting. The Memphis City Council foisted three dubiously worded ballot questions on voters. The measure to weaken the council’s limits, neglected to explain that to voters. The other two misleading measures sought to repeal or block Ranked Choice Voting from going to effect.

Voters put down all three. 

Speaking of Ranked Choice Voting (RCV), after several squeaker U.S. Senate races, perhaps Republicans and Democrats will reconsider the reform. 

The Arizona race is still too close to call. Republican Martha McSally leads with 49.3 percent of the vote against Democrat Kyrsten Sinema with 48.4 percent. But Angela Green, the Green Party candidate, took 2.2 percent of the vote. Sinema used to be a Green Party activist, so it’s not unreasonable to think those folks would have preferred her to the Republican.

In Montana, incumbent Democrat Jon Tester has won. He garnered 49.6 percent of the vote, while Republican challenger Matt Rosendale received 47.5 percent and Libertarian Rick Breckenridge racked up 2.9 percent, more than the margin of difference. 

Last week, the Libertarian seemingly endorsed Rosendale. “I am here today to support Matt and his candidacy,” Breckenridge told reporters. “And endorse him in his continuing effort to be the front man in the cause of liberty.”

Using RCV, voters can rank their choices and, were their first choice eliminated, their votes would go to their second choice until some candidate achieves an actual majority.

Thus ending “spoilers” — and giving voters more say-so.

This is Common Sense. I’m Paul Jacob.

 


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Categories
ballot access general freedom initiative, referendum, and recall media and media people Regulating Protest

Three Bad Propositions

Two propositions on this November’s California ballot, Propositions 8 and 11, have found an opponent.

“Both would have voters decide very narrow union-management conflicts in two relatively small medical service sectors,” explains Dan Walters, long the dean of California columnists. Unions are sponsoring Prop 8, which “purports to limit profits in clinics that provide dialysis treatments to sufferers of kidney failure.” Ambulance companies are behind Prop 11, which would “require ambulance crews to remain on call during meal and rest breaks.”

Walters thinks it “foolish to expect November’s nine-plus million voters to make even semi-informed decisions about their provisions, much less understand how dialysis clinics and ambulance services operate, or should operate.”

Well, yes, but this criticism applies to government universally. Legislators don’t understand how every business or industry functions, or should function, either. Even when politicians pretend to comprehend, by what right do they micromanage other people’s businesses and labor contracts?

Freedom, not government regulation, should be the default position.

But Walters’ fix runs against this logic. He thinks that upping the required percentage of signatures for ballot placement “by half . . . might discourage the misuse of the system for issues that cannot be fairly and rationally decided by voters.”

Don’t bet on it.

As Walters himself admits, making it tougher and more expensive to petition a measure onto the ballot won’t block the well-heeled: “any interest group with a few million bucks and an axe to grind can qualify a ballot measure, regardless of their merits.”

But it would disenfranchise grassroots groups.

Defeat bad measures; don’t destroy the democratic process.

This is Common Sense. I’m Paul Jacob.

 


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Categories
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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Categories
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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Categories
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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Categories
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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